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Agenda 04/08/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 8, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THI~.. PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 April 8, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Ted Sauter, North Naples United Methodist Church AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. March 11, 2003 - Regular Meeting C. March 12, 2003- LDC Workshop SERVICE AWARDS PROCLAMATIONS Proclamation to recognize April as National Fair Housing Month. To be accepted by Mr. Orlando Lorie, U.S. Department of Housing and Urban Development and Ms. Fiordaliza Bustamante, CDP Representative. Proclamation to honor The Veterans Corporation and the VET FastTrac programs. To be accepted by David C. Clagett, Jr. Vice President, Operations and Retired Charles R. Henry, Major General, U.S. Army, President and CEO. C. Proclamation supporting our troops and their families that are protecting our Country. To be accepted by Jim Elson, Veterans Council. PRESENTATIONS PUBLIC PETITIONS BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure be provided by the Commission members. VA-2002-AR-3379, Aquatic Architects, Inc., representing Kris and Jodi Anderson, requesting an after-the-fact variance of 1.8 feet from the minimum rear yard accessory structure setback of 10 feet to 8.2 feet for a screened enclosure addition to a single family dwelling for property located at 349 Wimbledon Lane, further described as Berkshire Lakes, Unit 1, Block B, Lot 39, in Section 32, Township 49 South, Range 26 East, Collier County, Florida. 2 April 8, 2003 ADVERTISED PUBLIC HEARINGS A. Public Hearing for the 2002 Cycle of Growth Management Plan Amendments. An ordinance amending Ordinance No. 99-76 relating to mandatory street numbering of all structures and the establishing of a grid pattern for street numbering; providing for statutory authorization; providing for findings of fact; providing a statement of intent and purpose; providing for definitions; providing for requirements for posting of official address number; providing for specifications for posting official address number; providing for application for new official address number; providing for compliance relating to new construction or building repairs; providing for an amended procedure for establishing a uniform grid numbering pattern for assignment of addresses or change of address; providing for an amended procedure for changing non-conforming addresses; providing for duly advertised public hearings to rename a street; providing for monitoring of the naming of streets, developments, buildings or subdivisions; providing amended procedures for street naming; providing amend=d procedures for street renaming; providing for public notification; providing for street signs on private streets; providing an appeal procedure; providing for abrogation and disclaimer of liability; providing for enforcement and penalties; providing for repeal of Collier County Ordinance 97-9; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. Appointment of members to the BayshorelGateway Triangle Local Redevelopment Advisory Board by the Board of County Commissioners and the CRA. C. Appointment of members to the Immokalee Enterprise Zone Development Agency by the Board of County Commissioners and the CRA. D. Discussion regarding a proposed ordinance related to abandoned shopping carts in Golden Gate Community. (Commissioner Henning) E. Discussion for the purpose of clarifying the previous direction to staff surrounding the Gulf Coast Skimmers sign. (Commissioner Henning) 3 April 8, 2003 Discussion regarding request from the State of Florida to donate all County roads and bridges in the Southern Golden Gate Estates to the State. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT Provide information to the Board of County Commissioners on proposed new provision under the Code for illuminated "open" signs and frontage requirements for freestanding signs. (Joseph K. Schmitt, Administrator, Community Development) To present findings of a school zone speed review and request Board direction to take affirmative action to bring school speed zones in Collier County into compliance with state guidelines. (Norman Feder, Administrator, Transportation) This item continued from the March 25, 2003 BCC Meetin.q. Recommendation that the Board approve $206,000 in additional funding to augment current appropriations for consulting and legal services from Carlton Fields under the existing continuing services contract for contingent growth management services in support of the Checkbook Concurrency LDC and GMP Amendments, Traffic Impact Vesting Process, Defense of Challenges to the Notice of Intent by DCA to find the Rural Fringe Amendments in compliance, and the work program for development of LDC to implement the Final Order Amendments to the GMP. (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Recommendation to approve a budget amendment in the amount of $65,000 for outside counsel and professional services in support of Resolution No. 2002-428 expressing concerns regarding the acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 4 April 8, 2003 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) Request that the Board of County Commissioners set a public hearing date for June 24, 2003 for consideration of a Development of Regional Impact Development Order for Petition DR1-2000-01, Heritage Bay located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-001 styled Board of County Commissioners Collier County, Florida vs. Rocco LacQuaniti regarding violation of Sections 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, of the Collier County Land Development Code, as amended. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Tiburon-the Norman Estates at Pelican Marsh Unit Twenty Three". 4) Request to approve for recording the final plat of "Mediterra Phase Three East, Unit One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Request to approve for recording the final plat of "Southeast Immokalee" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) To approve a budget amendment of $60,000 for the expenditure of monies from Fund 186 Immokalee Redevelopment for the payment of the purchase, installation, and maintenance (for 5 years), of streetlights by Lee County Electric Cooperative (LCEC). 5 April 8, 2003 7) To approve a budget amendment for expenses related to moving the Community Planning and Redevelopment section staff from the Development Services Building to new offices located at 3050 North Horseshoe Drive. B. TRANSPORTATION SERVICES 1) Approve a budget amendment to transfer the operating budget for three positions from Transportation Operations and Transportation Maintenance to the Alternative Transportation Modes Department in the amount of $98,852. 2) Staff recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. 3) Resolution to establish a "No Parking" zone along Capri Boulevard as platted in Isles of Capri Subdivision, Plat Book 3, Pages 41, 46, 52 and 66; approximately six (6) signs will be needed at a cost of $100 each for a total of $600. 4) Approve Change Order No. 2 in the amount of $86,509.20 to Ajax Paving Industries, Inc., for the Goodlette Frank Road project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. 5) That the Board of County Commissioners approve the budget amendment for the Lely Golf Estates Beautification MSTU for the purpose of irrigation and landscape improvements to the medians on St. Andrews Boulevard, Pebble Beach Boulevard and Forest Hills Boulevard. 6) Approve Florida Power and Light lump sum agreement to relocate 36 poles on Immokalee Road from Twin Eagles to Wilson Boulevard, Project No. 60018. (Fiscal Impact $90,729) 7) Approve final change order and payment for Project #02-3366, SR 84, Davis Boulevard Phase II, Project #60098, landscape renovation reducing the contract amount to $672,357.98. 8) Ratify a deduct change order (No. 8) in the amount of $21,162.19 to the K.E.R. Enterprises Inc. (DBA Armadillo Underground) contract for the Wiggins Pass Outfall, Phase I Project, Project No. 51212. 9) Request Board approval for the landscape maintenance agreement with Pinewood Commons Homeowners Association, for the future landscaping and maintenance on Airport Road and Pine Wood Circle. 10) Approve Change Order No. 3 to the Immokalee Road/I-75 Interchange construction contract in the amount of $190,621.29 which includes a '6 April 8, 2003 11) 12) 13) 14) 15) portion of work to be paid for by Brentwood Land Partners, LLC. (Project No. 66042A) Request Board approval of a landscape maintenance agreement between Collier County and Riviera Federation Association, Inc. (RFA) for the maintenance of a portion of Charlemagne Boulevard at no cost to Collier County with an estimated savings to the County of about $2500. Approve Change Order No. 3 in the amount of $48,397.28 to Ajax Paving Industries Inc., for the Goodlette Frank Road project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. Approve a resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the Rural Safety Refuge project; providing an effective date. Approve Change Order No. 3 in the amount of $6,157.30 to Better Roads, Inc., for the Livingston Road project, Phase III, from Pine Ridge Road to Immokalee Road, Project No. 62071, and authorize release of WCl Communities in exchange for payment of $297,791.50. Approve a budget amendment recognizing carry forward amounts from FY02 for the Bayshore Beautification MSTU Fund (160) in the amount of $112,249. C. PUBLIC UTILITIES 1) Approve request for the U.S. Army Corps of Engineers (USACE) to perform a dredging assessment of Goodland Canals. 2) Approve a work order, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers, Inc., for the annual monitoring of Hideaway Beach and T-groins, ProJect 90006, in the amount of $87,492. 3) Approval of Contract C-15374 with the South Florida Water Management District (SFWMD) to participate in a 3-year statewide surface water quality monitoring effort in the amount of $7,800 annually. 4) Approve the corrected sources of $71,155 in funds for the utility portion of the Construction Engineering and Inspection Services change order for Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) four and six lane improvements, Project 60134. 5) Reject Bid 03-3482 South County Water Reclamation Facility belt filter press service platform additions. 6) Approve Committee selection of six (6) firms for contract negotiations related to RFP 03-3484 "Fixed Term Instrumentation and Controls Engineering Services" for maximum annual fees of $500,000 per firm per year. 7 April 8, 2003 7) 8) 9) lO) Approve Change Order 2 to Work Order 61 for construction of the western interconnect for wastewater collection systems, in the deduct amount of $4,725. Affirm staff approval of Change Order 2 to Work Order UC-004 for the relocation of water and sewer mains related to the Florida Department of Transportation's widening of U.S. 41 from Barefoot Williams Road to east of SR 951, in the amount of $13,124. Approve Metcalf and Eddy Work Order #ME-FT-03-01, and Work Order #ME-FT-03-02 for the Emergency Response Plan required by the United States Environmental Protection Agency (USEPA) for water system facilities at Collier County Project 70170 and approve budget amendments. Approve Work Order No. UC-023 (Exhibit A) in the amount of $535,600 for four pump station improvements to Kyle Construction Inc., under Contract 02-3345 - annual contract for Underground Utility Contracting Services, Project No. 73051. D. PUBLIC SERVICES 1) Award of RFP #03-3454, "Golden Gate Aquatic Facility Concession" with anticipated revenue of $1800 for the remainder of FY03. 2) Approve the Senior Community Service Employment Host Agency Agreement and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Workforce Council of Southwest Florida, Inc. 3) Approve a Supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. 4) Approve a Resolution authorizing the submittal of a grant application in the amount of $75,000 to the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program. Eo ADMINISTRATIVE SERVICES 1) Addition of vendors to supplement Contract #03-3426 "Quick Copy Services" (estimated dollar amount $40,000). 2) Recommendation to reject Bid No. 03-3468 for pump and motor repair. 3) Approve selection committee ranking of firms for contract negotiations for RFP 03-3462 "Fixed Term Professional Planning Services for Right-of- 8 April 8, 2003 4) 5) 6) 7) 8) 9) Way Acquisition" (estimated dollar amount of contract not to exceed $500,000 annually per firm). Approval of the Preferred Provider Payor Organization Agreement portion of the Managed Care Agreement between Community Health Partners and Collier County. Request Board approval for public safety radio system expenses associated with the reconstruction of two (2) FDOT radio towers that the County currently leases space on at total cost of $171,658. Approval to opt-out of a formal managed care arrangement for Workers' Compensation insurance pursuant to changes in the Florida Workers' Compensation Statutes, Chapter 440. Approval to award Work Order #VC-02-06 under RFP #02-3349, General Contractors Services, to Varian Construction Company for the partial renovations of the 6th floor of the Courthouse for the Clerk of Courts Criminal and Civil Departments in the sum of $156,800. Request Board approval of a lease agreement between Collier County and American Tower, L.P. at an annual cost of $24,768. Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County Surplus Auction of March 15, 2003, resulting in $285,637.25 in net revenues. F. COUNTY MANAGER 1) To approve a budget amendment in the amount of $253,926 to transfer funds from the landscaping and irrigation project to the U.S. 41 North Phase II Landscaping Project. (Pelican Bay Services) 2) Recommendation to establish a combined minimum net present value savings target of 5% in anticipation of a current refunding of the Collier County Water-Sewer District, Water and Sewer Refunding Revenue Bonds, Series 1994A and Series 1994B. 3) Recommendation to extend the vacation accrual cap for Emergency Management Department Director, Kenneth Pineau. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning request for approval for payment to attend Water Symposium 2003 as serving a valid public purpose. 9 April 8, 2003 MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 176 in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al, Immokalee Road, Project No. 60018. 2) Approve the Stipulated Order of Dismissal as to Parcel 908 in the lawsuit entitled Collier County v. Jessie M. Durden, et al, (Santa Barbara Sewer Force Main Interconnect - Project 73132) at a cost of $1,500. 3) Approval of the Stipulated Order of Taking and Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 137 in the lawsuit entitled Collier County v. Edward Stanley Sanditen, et al, (Immokalee Phase II Project). 4) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 110 in the lawsuit styled Collier County v. Northside Construction Company, et al, Case No. 00-0136-CA (Pine Ridge Road Project #60111). 5) Recommendation that the Board ratify and authorize the County Attorney's retention of expert witnesses and consultants for the County in the lawsuit entitled Collier County v. Northside Construction Company, et al, (Pine Ridge Road Project), exempt the County Attorney from the purchasing policy if and to the extent the purchasing policy is applicable, and authorize the Chairman to sign any necessary retention documents. Recommendation that the Board of County Commissioners approve and execute a corrective release of lien arising out of an order imposing fine/lien in Code Enforcement Board Case entitled Board of County Commissioners v. Wendall L. Kramer, Salvatore F. Angileri, and Salvatore C. Grech. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO 10 April 8, 2003 SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASlJUDIClAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. SE-03-AR-377, an Ordinance amending Ordinance 02-07, the Richland PUD to correct a scrivener's error in Section 6.4 - Development Commitments, Transportation paragraph number 8 of the Richland PUD that is located on the southwest corner of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Section 27, Township 48 South, Range 26 East, Collier County, Florida. VA-2002-AR-3418, Roland and Stella Ricard requesting an after-the-fact variance of 1.5 feet from the minimum rear yard setback of 20 feet to 18.5 feet for a screened enclosure addition to a single family dwelling for property located at 109 Bordeaux Circle, further described as Riviera Golf Estates, Unit 2, Lot 489, in Section 17, Township 50 South, Range 26 East, Collier County, Florida. Petition AVPLAT2003-AR3636 to disclaim, renounce and vacate the County's and the Public's interest in two 10 foot wide drainage easements located in Tract "P", according to the plat of "Tarpon Bay" as recorded in Plat Book 36, pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation drainage easement on a portion of Tract "P" of said "Tarpon Bay", located in Section 30, Township 48 South, Range 26 East. VA-2002-AR-3381, David M. Corban, requesting an after-the-fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 April 8, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 8, 2003. Add Item 4D: Proclamation to endorse and support the Collier County/City of Naples Underground Damage Prevention Task Force in their efforts to protect underground utilities. (Staff request.) Add Item 6A: Request by the Naples Airport Authority to discuss support of the Stage 2 ban by filing an amicus curaine brief with the FAA (FAA Docket No. 16-01- 15). (Staff request.) Withdraw Item 9B: Appointment of members to the BayshorelGateway Triangle Local Redevelopment Advisory Board by the Board of County Commissioners and the CRA. (Staff request.) Withdraw Item 9D: DiscusSion regarding a proposed ordinance related to abandoned shopping carts in Golden Gate Community. (Commissioner Henning.) Continue Item 10B to 5113103 BCC meeting: To present findings of a school zone speed review and request Board direction to take affirmative action to bring school speed zones in Collier County into compliance with state guidelines. (Commissioner Henning request.) Continue 16(B)2 to 4~22~03 BCC meeting: Staff recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. (Petitioner request.) Move Item 16(C)2 to 10D: Approve a work order under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers, Inc., for the annual monitoring of Hideaway Beach and t-groins, Project 90006, in the amount of $87,492. (Commissioner Coletta request.) Move Item 16(D)3 to 10E: Approve a supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. (Commissioner Henning.) Move Item 16(E)2 to 10F: Recommendation to reject Bid No. 03-3468 for pump and motor repair. (Staff request.) Withdraw Item 16(H)1: Commissioner Henning request for approval for payment to attend Water Symposium 2003 as serving a valid public purpose. (Commissioner Henning request.) Move 17C to 8C: Petition AVPLAT2003-AR3636 to disclaim, renounce and vacate the County's and the Public's interest in two 10 foot wide drainage easements located in Tract "P", according to the plat of "Tarpon Bay" as recorded in Plat Book 36, pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation drainage easement on a portion of Tract "P" of said "Tarpon Bay", located in Section 30, Township 48 South, Range 26 East. (Commissioner Halas request.) Move 17D to 8D: VA-2002-AR-3381, David M. Corban, requesting an after-the-fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Commissioner Coyle request.) Note: Replacing Change Order page #4 for Item 16(B)10 PROCLAMATION WHEREAS, in 2001 Collier County became an Uentltiement~ recipient of Federal Funds from the U.S. Department of Homing and Urban Development (HUD) under the Community Development Block Grant (CDBG) Program; and, WtlEREAS, Collier County certified that it svill aj~flrmatively further fair homing opportunities and will work to identify and remove impediments to fair homing choices; and, WHERF~$, Collier County's Consolidated Plan One-Year Action Plan FY 2003- 2004, outlines fair homing initiatives that will be undertaken which include education and outreack campaigns to further fair homing choices for Collier County residents; and, WHEREAS, Title Fll of the Civil Rights Act of 1964 and the Fair Homing Act of 1968, as amended, prohibit the discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, handicap and, WHEREAS, the 200.; as "National Fair Communities to join and fair homing WHEREAS° NOt~, I feel that every and without ' education DONE AND TOM ATTEST: 0 8 PROCLAMATZON WHEREAS, WHEREAS, WHEREAS. WHEREAS° Collier County has been a site for the award winning FastTrac Planning~ and FastTrac New Venture~ Programs through the Collier County University of Florida Extension Service for seven year~; and, FastT~ac is funded by The Ewing Marion Kauffman Foundation. our country's largest and most prestigious entrepreneurship education foundation; and, small business is the backbone of the Collier County economy and a major thrust of economic development; and, than 300 individuals and businesses have g~aduated from FastTrac programs offered by the University Extension Delxu-tment in Col WHEREAS, the 'ce and WHEREAS, Kauffman will g~aduate f~om WHEREAS. NOW Jn lu~ of Corporation great and The VET Collier County, Veterans Corporation DONE AND ORDERED THZ5 8~ day of April, 2005 BOARD OF COUNTY ¢OMMZS. SZONER.5 CO!!TER COUNTY, FLORZDA TOM HENNZN~o CHAZRMAN ATTEST: DWZ6HT C. BROClC, CLERK No AG. E,N,D [TEN APR 0 8 2003 Pg._/_ WHEREA5, WHEREA5, WHEREA5, WHEREA5, PROCLAMATION the United States and its allies currently have more than one quarter of a million troops actively engcu3ing hostile forces within ];raq; and, these forces fielded by the United States represent elements of every branch of seevice, including reserve units and national guard units; and, these forces include men and women from the 5tote of Florida and Collier County; and, their cou~ge and bravery should be saluted for fighting to protect the freedom we enjoy in our daily lives; and. WHEREAS, in WHEREA5, we also wish to those serving our 1, positively airmen NOW, ,issioners citizens ;lotion and protect DONEAND ' COA~.,~ZONERS FLOI~DA ATTEST: TON~ HENNINE~, CHAIRMAN DW]:~HT E. BROCK, CLERK APR - WHEREAS. ~VHE~EA$. WHEREAS. WHEREAS. PROCLAI~A TION each year in Florida, lives are endangered, money and time are wasted and property is destroyed because people fail to have underground facih't/es located before engaging in excavation or demal/tion; and. ~overnor uTeb Bush recently issued a proclamation endorsin~ the protection of underground ut/h?/es; and, the Sunshine State one=call center is the one-call agency that not/f/es part/cipat/n~ utility a~enc/es of plans to engage in excavation or demolition, and this underground protect/on system is a free service to contractors as we//as homeowners d/~d/n~ in their yard; and, Collier County the Task Force as ame involved in protec: community's and, enforcement with WHEREAS, type of ," for NOW Farce in Coil/er Prevent/on Task ut/l/t/es. of DONE AND ORDERED THIS Bth Day of Apr~I, ZOOS. BOARD OF COUNTY COlI~Ni~SS_TONE~.S · "- COl_ I_ I'ER COUNTY, FLORIDA TOn4 HENNiN~, CHA_T~AN ATTESTs' ADD-ON COLLIER COUNTY MANAGER'S OFFICE April 4, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774~4010 Mr. Theodore D. Soliday, Airport Director Naples Airport Authority 160 Aviation Drive North Naples, FL 34104 Re: Public Petition Request to Discuss Support of the Stage 2 Ban Dear Mr. Soliday: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of Apdl 8, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ~ M'~'~dd'~~Sincerely' ,. ~ County Manager JVM/jb cc: David Weigel, County A'~tomeY APR - 8 2083 Briefing Paper Page 1 of 1 mudd_j From: Ted Soliday [tsoliday@flynaples.com] Sent: Thursday, Apdt 03, 2003 5:05 PM To: Karen Tullo; Subject: FW: Bdefing Paper Col. James Mudd, As per our telephone conversation, we would appreciate being added to the Public Petition section of the Tuesday, April 8, 2003 County Commission Agenda. The interest of the City of Naples Airport Authority is to request that the County Commission consider supporting our defense of the Stage 2 ban by filing an amicus curiae brief with the FAA (FAA Docket No.16-01-15). Attached is a Briefing Paper that will assist you and the Commissioners in understanding some of our challenges and we are prepared to work with County Counsel in preparing Your submittal. Thank you for your assistance. Ted Soliday Executive Director Peter J. Kirsch Akin Gump - Denver Office The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. 4/4/2003 BRIEFING PAPER Naples Municipal Airport Ban on Stage 2 Jet Operations Procedural Background In November 2000, the City of Naples Airport Authority adopted a ban on operations at the Naples Municipal Airport by Stage 2 jets. The ban went into effect on January 1, 2001. The ban was adopted upon completion of a study pursuant to Part 161 of the FAA regulations (known as a Part 161 Study). The Airport Authority previously had prepared several Part 150 studies and implemented numerous noise abatement and mitigation measures, including a ban on operations by Stage 1 jets. After the Part 161 Study was completed and immediately before the Stage 2 Ban was to go into effect, the FAA initiated an administrative enforcement action against the Airport Authority, claiming that there were defects in the Part 161 Study. In response, the Airport Authority revised its study to include additional information specifically requested by the FAA. In October 2001, the FAA found that the study complied fully with the requirements of Part 161. Enforcement of the ban on Stage 2 jets was suspended during the time that the Airport Authority was prepahng and circulating its supplemental study. The ban has been fully enforced since March 2002. The Airport Authority also issued temporary waivers for operators who showed that they were attempting to come into compliance with the ban; the waive~ program ended on December 31, 2002. The Stage 2 ban has been the subject of several legal challenges. As mentioned, the FAA initiated an administrative enforcement action but subsequently concluded that the Part 161 Study fully complied with FAA regulations. The National Business Aviation Association, the General Aviation Manufacturers Association and an airport user all sued the Airport Authority in federal court alleging that that Stage 2 ban violated the U.S. Constitution. In September 2001, the federal district court upheld the ban and concluded that it is constitutional. Another owner of a Stage 2 aircraft challenged the ban in state court in 2002, claiming that the ban was illegal under Florida state law. The state court also upheld the Stage 2 ban under state law. An appeal of that decision is pending. Despite its own decision on the adequacy of the Part 161 Study and the federal court decision on the constitutionality of the Stage 2 ban, in October 2001 the FAA initiated an administrative proceeding to terminate the Airport Authority's eligibility for federal grants. At the time, the FAA said that its prior decision on the adequacy of the Part 161 Study was immaterial, that it was not bound by the federal court decision, and that it had the fight, pursuant to the Airport Authority's grant agreements, to decide whether the rule violated federal law. Federal regulations set a deadline of April 2002 for the FAA to complete its investigation and issue a prelim/nary decision on whether the Airport Authority was violating the terms of its grant agreements. The FAA issued its decision on March 10, 2003. Page 1 The FAA decision only addresses the question of the Airport Authority's eligibility to receive federal grants and only addresses the FAA's interpretation of the Airport Authority 's obligations under its grant agreements. (The decision does not affect PFC eligibility.) If the FAA's preliminary decision is upheld through agency appeals and in court, the Airport Authority will no longer be able to receive federal grants. The decision does not affect the legality of the Stage 2 ban under federal or state law or the U.S. Constitution. The FAA's Preliminary Decision (Director's Determination) The FAA issued a Director's Determination on March 10 which found that the Stage 2 ban (a) violates the Airport Authority's grant obligation to make the airport available to the public on reasonable terms and without unjust discrimination and (b) is preempted by federal law. The FAA used its 94-page opinion to enunciate numerous new statements of policy that attacked the Stage 2 Ban from all angles and that will have implications far beyond the Naples Municipal Airport. Should the decision be upheld through the appellate process, it would fundamentally change the way in which airports in the United States address noise problems. In some instances, these policy statements provide interpretations of federal law and regulation that directly contradict court decisions and in other instances are the fn'st-ever interpretation of federal law and policy on noise issues. Effect of Part 161. At least with respect to proposed restrictions on Stage 2 aircraft, compliance with Part 161 and the Airport Noise and Capacity Act is merely procedural; the statute and regulation do not provide any independent authority for adoption of a noise restriction. Compliance with those requirements does not assure compliance with other federal laws. (pp. 21, 25) National Implications of Noise Rules When evaluating the legality .of a noise restriction, the FAA is "required to consider" the precedential effect of the restriction on the entire national air transportation system, not only the effect of the restriction on the particular airport. The national implications that the FAA will consider include the possibility that other airports would adopt similar restrictions and the cumulative effect of such future restrictions at other airports. (p. 4) · Grant Assurances are Different from Federal Law The standards for compliance with grant assurances are merely "similar" but not identical to the standards under the U.S. Constitution for what constitutes a valid noise restriction. (p. 34) · An Airport Proprietor Must be Liable The legal basis for any local noise rule is the proprietors exception to federal preemption. That exception is based exclusively on an airport proprietor's liability for excessive noise. (p. 42) · Liability is Presumed Within the 65 dB CNL Contour It is reasonable to presume that an airport proprietor is liable for noise in excess of 65 dB DNL. There is not the same presumption outside that contour. (pp. 45- 46) · There must be Credible and Identifiable Threats of Liability In order for a noise restriction that benefits areas with noise less than 65 dB DNL to be reasonable, Page 2 an airport proprietor must present "credible and identifiable threats of liability from property owners." The FAA will evaluate any assertions of potential liability to determine whether they are "credible and identifiable'" (p. 59) · Noise Rules are Measures of Last Resort Airport use restrictions should be "considered only as a last resort when other mitigation measures are inadequate to satisfactorily address the noise problem and a restriction is the only remaining option that could provide noise relief." (p. 55) · Noise Rules Must be Based Upon Land Use Compatibility Standards The requirement in the grant assurances that airports be "available for public use on reasonable conditions" means that any noise restriction must be (a) justified by an existing noncompatible land use problem (defined by the FAA to be residential property within the 65 dB DNL contour); (b) effective in addressing the problem; (c) reflect a "balanced approach" to addressing the problem that considers both local and federal interests. (p. 56) · A Balanced Approach is Required The requirement that any noise restriction reflect a "balanced approach" is "inherently reasonable" and is based upon national and intemational standards. (p. 75) · Only DNL Data can be Used Data on noise complaints and data on noise impacts using metrics other than the DNL metric are not valid indicators of noncompatible land use, which is a requirement for a valid noise restriction. (p. 64) Data on single noise events "has never been shown to be of any use in predicting community reactions to aircraft noise or in developing compatible land use plans." (p. 68) · Ambient Noise Levels are Irrelevant An airport cannot consider ambient noise levels when evaluating noise impacts. (p. 71) · There is no Liability or Incompatibility if Avigation Easements Exist The sale of an avigation easement means that the property owner has "consented to such noise levels." Any property burdened by an avigation easement is not noise- affected. (p. 77) · Stage Designation is not a Valid Basis for Distinguishing Aircraft It is not appropriate for an airport proprietor to restrict aircraft operations based upon stage designation (e.g., stage 1, 2 or 3). (p. 91) Page 3 Implications ofF~lA The FAA's decision, if upheld through appeal, would both undermine the value and viability of ANCA and Part 161 and threaten the legal validity of virtually all airport noise roles in effect in the United States today. · Although ANCA and Part 161 plainly distinguish between restrictions on Stage 2 and Stage 3 aircraft, the FAA suggests this such distinction is essentially and legally meaningless. Following the process outlined in Part 161 for Stage 2 restrictions provides no safe harbor and has no bearing on the reasonableness of a restriction. Although FAA has no direct approval authority over Stage 2 restrictions, the FAA can and will use its authority under the grant assurances to challenge Stage 2 restrictions. The FAA is the arbiter of whether any restriction is reasonable. · The FAA will substitute its judgment for the airport proprietor's on the wisdom of particular noise restrictions. While local governments may make evaluations of potential liability, may establish local land use compatibility standards, may make judgments about the costs and benefits of a local noise role, and the relative value of quiet in the community, the FAA remains the ultimate arbiter of whether any of these decisions was correct. The FAA will consider the national implications of any local decision and will balance the local needs and policies against national policies in determining the validity of any local noise rule. The standards for reasonableness are so exceedingl~ demanding that no noise rule currently proposed or being considered or any noise rule currently in effect can satisfy the test. In particular, the requirement that noise rules can be adopted only 'as measures Decision in Naples of last resort after the airport proprietor has considered and exhausted all other alternatives or combinations of alternatives is virtually impossible to satisfy. Airports with long-standing noise rules such as John Wayne (SNA), Washington National (DCA); Burbank (BUR); San Diego (SAN), Denver (DEN) and many others are highly vulnerable to legal attack under the standards established in this decision. · For the last 25 years, courts throughout the nation have reviewed airport noise rules - and frequently upheld their validity - based upon a four-part test of constitutionality. An airport noise rule is constitutional if it (a) is designed to address an identified noise problem; (b) is supported by a basic factual examination rather than based on mere speculation; (c) is targeted to carry out a legitimate local goal and (d) is not unduly restrictive of interstate commerce. Dozens of court decisions have explained what each of these terms means. The FAA's new approach ignores a generation of case law and purports to establish new and unprecedented standards that a local noise rule must meet to pass constitutional muster. According to the FAA, in order for a local noise rule to be constitutional, it must pass at least seven tests: (a) it must be based upon the DNL metric, not single-event noise metrics; (b) the airport proprietor must demonstrate "credible and identifiable" threats of liability if it intends to claim any benefits outside 65 dB DNL (written threats of litigation are insufficient); (c) the proprietor must demonstrate that the applicable local government has not only established standards for significant noise impacts but has also prohibited incompatible land uses within the designated areas; (d) the Page 4 proprietor must demonstrate that it cannot purchase avigation easements or sound insulate homes, not merely that such actions are inconsistent with local conditions; (e) the airport proprietor must have implemented and exhausted all combinations of noise mitigation measures before it can consider a use restriction; (f) the proprietor must demonstrate that the national implications of the rule (and the potential that other airports will adopt similar rules) are not outweighed by the local benefits; (g) the airport proprietor may not rely upon aircraft stage designations as a basis for the rule. · The FAA may have stripped airport proprietors who have prepared Noise Exposure Maps of any power to impose noise rules. Under federal law, airports with Noise Exposure Maps are effectively insulated fi:om liability, except in limited circumstances. If liability is the sole basis for imposing noise roles, then any airport proprietor with such a valid defense to liability would be without authority to impose a noise rule. By asserting that it is presumed that airport proprietors are liable for noise in excess of 65 dB DNL, the FAA may have opened the door to a massive increase in lawsuits for airport noise damages. For further information on the Naples case, contact: Theodore D. Soliday, Airport Director Naples Airport Authority (239) 643 0733 tsoliday~flynaples.com Peter J. Kirsch, Esq. AK~ GLrMP STRAUSS HAUER & FELD, LLP Special Counsel (303) 825 7000 pkirsch~akingump.com For a copy of the FAA decision, go to: www.airportlawyers.com and click on News link. AKIN GUMP STRAUSS HAUER Attorneys et Law & FELDLLP NAPLES AIRPORT AUTHORITY Page 5 EXECUTIVE SUMMARY VA-2002-AR-3379, AQUATIC ARCHITECTS, INC., REPRESENTING KRIS & JODI ANDERSON, REQUESTING AN AFTER-THE-FACT VARIANCE OF 1.8 FEET FROM THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK OF 10 FEET TO 8.2 FEET FOR A SCREENED ENCLOSURE ADDITION TO A SINGLE FAMILY DWELLING FOR PROPERTY LOCATED AT 349 WIMBLEDON LANE, FURTHER DESCRIBED AS BERKSHIRE LAKES, UNIT 1, BLOCK B, LOT 39, IN SECTION 32, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider the petitioner's request for an after-the- fact variance from the 10 foot minimum rear yard accessory structure setback to 8.2 feet for a screened enclosure addition to a single-family dwelling. CONSIDERATIONS: The owners, Kris & Jodi Anderson, contracted with Aquatic Architects, Inc. to build first a swimming pool and deck and then a screened enclosure addition over the pool and deck. Aquatic Architects, Inc., subcontracted the construction of the screened enclosure to Hendry Aluminum. A building permit was issued by Collier County for the installation of a screened enclosure addition on the subject property. On completion of the screened enclosure, an as-built survey showed that the screened enclosure was encroaching into the 10 foot rear yard setback area. Collier County Code Enforcement contacted the petitioner, noting that a "Certificate Of Completion" could not be issued due to the rear yard encroachment. The options for the petitioner were to reduce the depth of the screen enclosure by rebuilding the existing screened enclosure addition or seek a variance. The regulations governing the setback of buildings are drafted primarily to reflect the community's desires for maintaining minimum life, health, safety, light, and air standards, and are established in the Land Development Code. Within the LDC regulations, the minimum rear setback limits for accessory structures are 10 feet. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. APR 0 8 2003 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of thc Growth Management Plan. ENVIRONMENTAL ISSUES: The subject variance is for the rear setback building limits for a screened enclosure addition. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment are required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on March 6, 2003. The Commissioners heard the presentation by the petitioner and the Staff presentation. The Planning Commission voted unanimously (9-0) to approve the motion and forward the petition to the BZA with a recommendation of approval. Staff has not received any letters of objection. Because the staff recommendation is for denial, this petition could not be placed on the summary agenda. 2 APR 0 8 2003 PLANNING SERVICES STAFF RECOMMENDATION: It is staff's opinion that the granting of the variance will not be in harmony with the general intent and purpose of the Land Development Code, specifically, there are no land related hardships, and no special or pre-existing conditions that are related to the property. Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-3379 to the BZA with a recommendation of denial. PREPARED BY: MICHAEL .I'/I~E RUNTZ, C~ PRINCIPAL PLANNER REVIEWED BY: //~USAN MURRAY, AICP CURRENT PLANNING MANAGER MARGARE~WUERSTLE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: ~,,O~c .,==;A':D°°E~-V::~:~PMENT & ENVIRONMENTAL ~E/(RTVEV ICtES ADMINISTRATOR 3 APR 0 Il 2003 ,, AGENDA ITEM 8-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: FEBRUARY 4, 2003 SUBJECT: PETITION VA-2002-AR-3379 AGENT/APPLICANT: AGENT: APPLICANT: Aquatic Architects, Inc. 1910 J & C Boulevard Naples, FL 34109 Kris & Jodi Anderson 349 Wimbledon Lane Naples, FL 34116 REQUESTED ACTION: The applicant is requesting an a~r-the-fact variance of 1.8-feet from the 10-foot rear yard accessory structure setback, as stipulated in the Supplemental District Regulations of the Land Development Code. A 34.6-foot by 40.3-foot screened enclosure has been constructed on this property and encroaches 1.8-feet into the setback. The petitioner proposes an 8.2-foot rear yard setback from the Lake Tract 'T', of Berkshire Lakes, Unit 1. GEOGRAPHIC LOCATION: The subject property is located at 349 Wimbledon Lane, further described as Lot Berkshire Lakes, Unit 1, as recorded in Plat Book 14 Page 118 through 120 of the of Collier County, Florida. Petition VA-2002-AR-3379 !ublil~cords ~ff~ APR 0 8 2003 PURPOSE/DESCRIPTION OF REQUEST: The petitioner received approval for a building permit (201060919) for a deck and pool on June 12, 2001 (See Attachment B). Aquatic Architects was the general contractor. The site plan showed that the pool met the minimum rear yard setback requirement, and the deck encroached into the rear building setback area, and public utility and dn inage easement a distance of l+/- foot (See Attachment C). On August 15, 2001, the petitioner received approval for a building permit (2001081072) for a 34.6- foot by 40.3-foot screen enclosure over the deck and pool. The approval of the setback for the screen enclosure was based on the survey submitted with the pool building permit application (See Attachment D). A spot survey was completed after the completion of the construction of the deck, pool and screened enclosure. The spot survey showed that the deck and screened enclosure encroached into the rear setback 0.8-foot to 1.8- foot. The Building Department denied the spot survey and has placed a hold on the CertifiCate of Occupancy, because of the encroachments. The regulation for Berkshire Lakes PUD, Ordinance No. 83-46, specifies that the rear setback for single-family residence shall be 25-feet. The PUD ordinance is silent regarding the rear setback requirements of accessory structures for single-family residences however, Section 2.03 of the Berkshire Lakes PUD reads as follows: The project is intended to be in substantial compliance with the applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in effect at the time permit plats are requested. The setback requirements for pools and screened enclosures (Section 2.6.2.1.4) in the current Land Development Code specify that the rear setback is 1 O-foot. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Residential Land Use Designation of the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests: the Plan deals with the larger issue of the actual use. As previously noted, the petitioner seeks a variance for an existing 34.6-foot by 40.3-foot accessory structure to an existing single-family home that is located in a PUD zoning district. A single-family home is an authorized use in this land use designation; therefore, it is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. Petition VA-2002-AR-3379 APR 0 8 2003 LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - LAND USE Single Family Residential Lake Tract I Single Family Residential ZONING PUD PUD PUD Wimbledon Lane, internal two-way street Single Family Residential PUD (See Attachment E) EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. There are no special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved. be Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. There are no special conditions and circumstances, which do not_ result from the action of the applicant such as pre-existing conditions relative to the proIlerty~~ subject of the variance request. I ' I APR 0 Petition VA-2002-AR-3379 3 " Ce Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? No. There is no land related hardship. However, if the variance was not approved, the applicant would have to reconstruct the existing screened enclosure to a smaller enclosure surrounding the pool and deck area, which meets the required setbacks. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A single-family house is a reasonable use of the land. The variance proposed is the minimum required to permit the enclosure as configured by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance will allow for a reduced rear yard setback that is not permitted for other structures in this zoning district. In addition, no similar variances have been granted in this neighborhood. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Granting the requested variance will not be in harmony with the general'intent and purpose of the code. The variance, if approved, would allow the applicant to construct a deck and screened enclosure that is not consistent with the Berkshire Lakes Unit 1 PUD utility and drainage easement requirements, or the Accessory Stmcmm regulations of the Land Development Code. However, the proposed screen enclosure and deck likely would not be injurious to the neighborhood or detrimental to the public welfare. Them is an existing lake to the rear of the structure, which will mitigate the impacts of the encroachment. The county has received letters from the B~e Lakes Master Association, Time Warner Cable, Florida Power and Light, Sprint, And Collier County Public Utilities Division stating that they have reviewed and approved this request (See Attachments F - J). Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The property backs up to Lake Tract 'T', Petition VA-2002-AR-3379 APR 0 8 2003 Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are no special conditions or circumstances that warrant approval of this variance. Therefore, Planning Services staff recommends that the CCPC forward Petition VA -2002-AR- 3379 to the BZA with a recommendation of DENIAL. G:VA2002AR3379020503 Petition VA-2002-AR-3379 APR 0 8 2003 PREPARED BY: REVIEWED BY: "~ L L ~..{~-~ SUSAN MURRAY, AICP / ~, ~NT PLANNING MANAGER DIRECTC~, PLANNING SERVICES DEPARTMENT APPROVED BY: ~~S'fRATOR I Ck)MMUNITY DEVELOPMENT & VNVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATI-I~ D^T~ DATE DA~'E ' DATE Staffs report for the Collier County Planning Commission Meeting Tentatively scheduled for the 2003 Board of County Commissioners Meeting Attachments: Petition V^-2002-ARo3379 Ao B. C. D. E. F-J K-S Location/Site Map Building Permit 201060919 Site Plan -Building Permit 2001081072 Reduced Zoning Map Letters Photos APR 0 8 2003 VARIANCE PETITION' (VARIANC~ FROM SETBACK ($) P,,EQUTRI~ FOR A PARTICLR. AR ZONING DISTRICT) Petition No. Commission District: Date Pctitkm Received: plmmcr Assigned: VA-2002-AR-3379 - PROJECT #2002110017 DATE: 11/21/02 · DON SCHNEIDER ABOVE TO RE COM2LETED BY STAFF GEN'ERAL INFORMATION: Petitioner's Name: Petitioner's Addr~s: t Tclephonc: APR 0 8 2003 cOLLIER COUNTY COMMIE/ITY DEVELO~N'T pLANNING SERVICESi~NT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 40~-2400~AX (941) 643-69~8 Complete the following for all Associa~on(s) a/~l/ated with this pefilion. (l~mv/de additional sheets if n~-e~aO') Name of Homeowncr Name of Homeowner Association: Ma/ling Address Name of Master Assodation: Ma/ling Address City S~at~ ~ Zip City _ State Zip Name of Civic Association: Mailing Addr~s City State Zip PROPERTY DESCRIPTION: Legal Description of Subj~t Property:. Subdivision: ~3~C~'~\ (~ ~,~OC~ Unit_ Acrea~ Number' l~ ~~ Metes & Bounds Description: l APR 0 8 2OO3 Address of Subject Property: (If dJ~ from Pctition~'$ a~) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONE~G LAND USE Minimnm Yard Requirements for Subject Property:, Front: -/C Comer Lot: I-I No[-~ Side: '-] . ~ Watc, rfi'ont Lot: Yes [~ No [--] Reax: I0/ APR 0 8 2003 Nzmre of Petition, Provide a detailed explanation of thc request including whai structures are existiag and what is proposed; ~he amount of encroachment proposed using numbs, i.e. reduce front setback from 25' to 18'; when property owner purclmsed property; when existing principal structure wu built (include building permit number (s) i/possibl~); why en~cnt is ncces~axy;, how existing encroachment came to be~ etc. APR 0 8 2003 A.tc there special conditions ~nd circumsta~cm which do not ~csuh from thc action of tho applicant such as p~c.exisnng conditiom relative to th~ property which is t~ mbject or,he vntia~e request. 3. Will n hwr~l intertnmation of thc provisions o~ thts zo,,i~_~ code work unneces.~ry and un~e h~rdship on thc ~ppi~a~t or ~atz ~l ~~ ~ ~ ~ 4. Wffi ~ v~, ff~ ~~ ~'~t ~ ~'~e ~utile ~ ~le ~ °f APR 0 '8 2003 win ~an~g t~e v~ce r~ques~t conf~ on the pcdtioner any special Mivt~o that a denied by the~c za-m~_ rcgttlafio~s to oR~r lzuds, building, or s~'ucnncs m thc same zoed~ district. will gr~nUng t~ vsrlan¢¢ bo in hanno,~y wi~h the intent and purpose of this zoning code, and not be ous to the ne~.bbo~nood, or mbcrwisc deuitncnmi to the public ~ Arc ~he~e n~tural conditions or physically induccd conditions tl~t ameliora~ the gonls and objeCUvcs of the resulatton sur. b es naturtl Ixeserv~. lsl~. soil cumsc, crc. % APR 0 8 2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ .T #: 2001060919 ISSUED: 06-12-01 BY: GARRETT S MASTER ~: 2001060919 COA #: N/A JOB ADDRESS: 349 WIMBLEDON LN JOB DESCRIPTioN: S~F POOL ADDITION PERMIT PERMIT TYPE: POOL APPLIED DATE: 06-12-01 JOB PHONE: %gtLID #: APPROVAL DATE: (9411594-2240 SUBDIVISION #: 180 - Berkshire Lakes Unit 1 BLOCK: FLOOD MAP: 0415 ZONE: X ELEVATION: FOLIO #: 0000023945011050 SECTION-TOWNSHIP-RANGE 32 49 26 LOT: 39 OWNER INFORMATION: CONTRACTOR INFORMATION: ANDERSON, KRISTOFERN=& JODY M AOUATIC ARCHITECTS, INC. 349 WIMBLEDON LN 1750 J & C BLVD., #1 NAPLES, FL 341046599 NAPLES, FL 34109- 919 06-12-01 CERTIFICATE #: 17159 FCC CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 27,000.00 TOTAL SQFT: SETBACKS FRONT: REAR: 10.00 SEWER: SEPTIC WATER: O .CT NAME: RON HAYWARD CO~z'ACT PHONE: {941)594-2240 LEFT: 7.50 RIGHT: 7.50 WELL PHONE: (941)594-2240 Per Collier CounS' Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) momhs f~om the date of issuance of the permit. Additional fees for failing to obtain permits prior to the comm~nc~nent of construction may be imposea Permitte~(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDER32 AND STATE LAWS REQUIRE THE PERMITYEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE O THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAH.URE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS T( YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING COMMENCEMENT. APR 0 8 2003 ATTACHMENT "B" NNU~vEY SKE~TCH OF BOUNDARY SURVEY ~ ~g~ CONST'RUCYION DESIGN LOT 3~ Y-~'GAI. DESCRTFTION : 3ei Wtk~t.t~M)t LAN~ NW~.L'X. FLMf~4 I / t't7 4~ - / LOt 39, BLOCK ~, 2}£RKS/d£E LAKES, ~lt L /NCLU~[V~ ~ f~ ~IC ~EC~gDS ~ ~L/ER < C~r~ tLURID~ I~OOD gONe : COMMUNITY PN~. ]~'006/-04J~ O&TgO : (rl. O00 ZOt( : 'r.'c'.'o'. it -)c' ~q~ NOT m OESK~I~,W.D ~LO00 H~Z~-RD ZONE CERTIFIED TO : KRISY~FI.~'R AL AN~R~DI~t AND ..'O~Y ~TI~ TITL~ 2ERVIC~2~ LAWYERS TITLE INSUR~E C~POffArl~ C£RTII~CAT~O.N : THc. MINIMUM T[C~.~NICAI. sr~o~mos ~T F0~TH eY 114( I~0ARO ~ ;~I;'~S~AL LAND SUR%~'YOJ'(~ ANO MA~'P~NS kM CI,~PT~R &~G17-6, F'LOJIIr)A AUMIN/~II(A#¥% L'OU~ ~M C:~I,itt. IM, C~ V~TN IrJLC. GiCdT.-G1431 (5,) (D (~' UXATi~N PU~.qJ~)' T.O ,~ 4~.027, J~.~DA STATIST~S. -- [A~I)4~NIS Gq MIGi4T.~r-V&Y ~Y lel~ ~A~ SO. ~. S~ 153 J n~g~ ~A 34104 I F.L.A. SURVEYS CORP. I 94t-ea~-zaa tAX ~ROFES~AL LAND SUR~Y~S k U~PCRS-LB 6569Ii ~27~ ~ ~Y ~ FK~C f N~ 98--N2155 ~ e~: I Hw* I ~CCKED er: I g41-27S- ~60 ATTACHMENT "C" APR 0 B 2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ T #: 2001081072 ISboED: 08-15-01 BY: GARRETT S MASTER #: 2001081072 COA #: JOB ADDRESS: 349 WIMBLEDON LN JOB DESCRIPTION: RES.POOL ENCLOSURE PERMIT PERMIT TYPE: APPLIED DATE: SCCG 08-15-01 JOB PHONE: VALID #: APPROVAL DATE: 072 08-15-01 SUBDIVISION #: 180 - Berkshire Lakes Unit 1 FLOOD MAP: 0415 ZONE: X ELEVATION: FOLIO #: 0000023945011050 SECTION-TOWNSHIP-RANGE 32 49 BLOCK: 26 OWNER INFORMATION: ANDERSON, KRISTOFERN=& 349 WIMBLEDON LN NAPLES, FL 341046599 JODY M CONTRACTOR INFORMATION: HENDRY ALUMINUM 6132 IDLEWILD STREET UNIT I & 2 FORT MYERS,FL 33912- LOT: 39 CERTIFICATE #: 10887 FCC CODE: 329 - STRUCT OTH THAN BLDG-POOI,/SEAWALL/DOCK/F CONSTRUCTION CODE: SCRN1 / SCREEN ENCL - SCREEN ROOF JOB VALUE: 3,000.00 TOTAL SQFT: 700 SETBACKS FRONT: REAR: 10.00 LEFT: 7.50 RIGHT: SEWER: SEPTIC WATER: WELL Cf \CT NAME: TOM HENDREY CO...ACT PHONE: (941)369-5326 PHONE: (941) 369-5326 7.50 Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply ~vith all applicable laws, codes, ordinances, and any additional stipulations or conditions of,his permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAl AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE O] THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditiom of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permitn required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS T£ YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR COMMENCEMENT. APR 0 8 2~3 lq" SANTA BARBARA BOULEVARD APR 0 8 ~ ,,,..,~o Dec 30 02 0~:38p FROH : ~l. Ptq Dec. 30 21~2 12'~gPH PI Berkshire Lakes Master Association 495 llclville Blvd. Naples, Fl. 34104 Phone g39-353.76.13 Fax !39-3.~3-3770 E-mail BLMA495~aoLcom FAX COVER SHEET FAX#: 594-2250 Date: 12130/02 Pages: 1 To: Trish, Aquatic Axchite,:hs From: Linda W. Smith, C.A.M. (.genera/Manager Subject: 349 Wimbledon Lane/Anderson Comments: Neither you nor the letter from Don Schneider, Principal PLanner for Collier County Community Development Services indicated that the' ,rariance being sought for this pool was indeed after the fact of installation! Therefore, I went on thc assumption that the Andersons had to start from thc beginning. After receiv/ng a copy of thc fax I sent to Don, Jody Anderson called today regarding the matter and this is when I learned that the pool was built over a year ago. After calling you, I unde:'stand that all y~u need is a statement of no objecd°n from Berkshire Lakes Master Association, Inc. in regards to this variance petition. There is a copy of the p~,ol plan with the application in the a,aor~,~,'c ......... off,.ce fi!e. It ?~: ......... rv"-"--a ~...,~, Robert Susk, ARB chairman, on June !2, 2001 without excep, ion or notations. Therefore, as a representative of the BLMA I :lin sending this fax as the letter of no objection for the variance petit.on # VA-2002-AR-3379 being sought by your company. .. I ATTACHMENT Copy to: Don Schneider/Collier Co. Community Development A nderson/349 MTimbledon Lane Robert Stark/ARB G Gtimm/BLMA Board President APRi 8 2003 17 O~ O4:~7p COLLIER COUNTY GOVERNMENT November 8, 2002 11301 E. TANII,-~MI TRAIL NAPLES;t" h 34112 - (941) 5,3:.2575 FAX: (941) '; 32-2526 Trish Kappau 1' Aquatic Architects 5780 Taylor Road, Stdte 3 Naples, Florida 34109 Re: 349 Wimbledon Lane, Berkshire Lakes. Easement Vacation" Dear Ms. Kappaufi This office has reviewed yottr reques~ to vacate a portion of the utility and drainage eas::ment along the north border of the lot 39, at the above referenced address. The Collier County Water-Sewer Di., tfict has no facilities in the area and therefore has ho objection to the vacation of the utility and draina~.e easement. Should you have any further quesfiox~s, please feel free to contact me at 732-2571. ..~ Sincerely, Engineering'Technician CC'. Paul Mattausch, Water Director Joseph Cheatham, Wastewat ~'r Director Rick Grigg, 1.and Surveyor, ,2ommunity Development ~ I~~ ~. ion\349 wimbledon lane, berk.~hlr~ l~.la:s.doc ATTACHMENT "G" ' APR 0 8 2003 Sep 1'7 02 03t20p Time Grant Pate Construction Sn£ervlsor warner 239 455 p.2 CABLE September 17, 2002 Aquatic Architechs 5780 Taylor Road, Suite 3 Naples, FI. 3a109 RE: 349 D4tnbledon Lane/Ben ~shire Lakes Letter of No Obiection to 'lacate Easemeats Dear Mr, Ryan: Time Warner Cable (TWC), wi'h franchise authority in Collier County, and Flmi~ Cabtevision Management Corpovttioa, its operating entity, has reviewed the site plan f-:' the above-referenced project. Tlds letter will serve as our letter of no objection to vacation ofthe easemems. Should you~have any questions or require any additional information, please do hesitat~ to contact me. Sincerely, FOR T~IEWARIVERCABLE Coastruc6on Supervisor OF:dm Commercial Developme~ tt Dept. TWC Joe Cron~, 'Technical Op :radons Director TWC I o I 0 - $Oth T~ruc~. b'aid~, Florul~ 341 t6 Tel (94 I) 598-1104 F~ 1418 5~ ~enttz .~treet. Ca~ ~urts[, ~ ,~d~ J~990 1~l {~l) 574-~020 f~ (~1) 574-3813 APR 0 8 2003 ATTACHMENT "H" LInC FP[- ~-~?~ASSOCIATE PROJECT DESIGNER -?w4105 15TM AVE SW ' ~LES, ~ ~4116 7 ~39-353-6070 AQUATIC ARCH1TECHS 5780 TAYLOR RD SUITE #3 NAPLES, FL 34109 RE:LETTER OF NO OBJECTION 349 WIMBLDON LN-BERKSHIRE LAKES DEAR TRLSH: PER OUK CONVERSATION TOD, kY 9/11/02, IN REGARD TO TI'EE ABOVE A'DIi}KESS. THERE IS NO CONFLICT WITH UTILITY EASEMENTS IN THE BACK OF PRO PERTY, OUR UNDERGROUND FACILITIIiS ARE LOCATED AT FRONT OF PROPERTT. IF YOU HAVE ANY FURTHER Q' JESTIONS PLEASE DO NOT HESITATE TO ( :ALL ME AT 353-6070. SINCERELY// ANrNE HARRIS ASSOCIATE PROJECT DESIGN~ R GOLDEN GATE ATTACHMENT "I" APR 0 8 2O03 IJec Sprint Septcm~ 13, 2002 Mr. lames E Ryan Aquatics Architects 5780 Taylor Road Suite 3 Naplcs, Florida 34109 ~ 2~69 -I P.E: Vacating Public Utility Eas~e ~t Dear Mr. Ryan h~ response to your letter dated Sept ;mber 12, 2002 Sprint-Florida, Inc. has no objectior to the vacation of the public utility .' nd drainage easement located at 349 Wimbledon Lane, Naples Florida in the Berkshi ~ Subdivision. If you should require any additional information, please contact me at (941) 263-6343. Sinccrcly, Bryan C. Brashear Network Engineer BCB/jw %.. - ATTACHMENT "J" APR 0 8 2003 ATTACHMENT "K" APR 0 8 2003 ATTACHMENT "L" APR 0 8 2003 ATTACHMENT "M" APR 0 8 2003 ATTACHMENT "N" APR 0 8 2003 ATTACHMENT "0" ATTACHMENT "P" APR 0 8 2003 ATTACHMENT "Q" ATTACHMENT "R" RESOLUTION NO. 03- A RESOLUTION RELATING TO PE'ITI'ION NUMBER VA-2002-AR-3379, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislatar~ of.the State of. Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida thc power to establish, coordinate and enforce zoning and such business regulations as ate necessary for the protection of the public; and WHEREAS, pursuant thereto the County, has adopted a Land Development Code (Ordinance No. 9 I-102 as amended) establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a duly noticed public hearing, and has considered the advisability of a 1.8-foot variance from the required 10-foot rear yard setback to allow a setback of 8.2 feet for the accessory use as shown on the attached plot plan, Exhibit "A," and has found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters'required by said regulations and by Section 2.7.5 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given aa opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLI_IFR COUNTY, FLORIDA, that: The Petition VA-2002-AR-3379 filed by Aquatic Architecha, representing Kristopher and Jody Anderson, with respect to the property hereinafter described as: Lot 39, Block B, Berkshire Lakes Unit 1, Section 32, TownshiP49 South, Range 26 EAst, Collier County, Florida, be and the same hereby is approved for a 1.8 foot variance from the required rear yard setback, and public utility and drainage easement of ten feet (10') set forth in Section 2.6.2.1 of the Land Development Code, Ordinance No. 91-102 as amended, to allow a set back of 8.2 feet to the accessory structure as shown on the attached plot plan, Exhibit "A," subject to the conditions set forth on attached Exhibit "B." APR 0 8 2003 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3379 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS CO!-~ ~R COUNTY, FLORIDA Approved as to Form and Legal,q~ifficiency: Patrick G. White Assistant County Attorney VA-2002-AR-3379/MD TOM HENNING, CHAIRMAN APR 0 8 2003 "AS-BUILT" POO~, p£¢K L~T 3~ TRACT (,DI?AIRMI:~ SINGLE STUCCO LJ ,t3 _!L I ~ ~ _ CENrEI~.IHE-~ LEGAL DI~RIPTION : LOt 39, ~L~CK 7~, ~E~$H]RE L~E$, MV]T 1. ACC~DI~ T~ ~ ~r T~RE~ A~ REC~DEfl IN PLAT ~ 14, PAGE~ 118 T~ l~. INCLUgI~, ~ r~ ~IC RECOILS ~ C~LI~ C~TY, ~I~ CER'llFI:gD TO : KRISTOPHER AC ANDERSON AND .lODr N ANDERSON; LOt 3~ 349 VIMBLED[TN LAN NAPLES, FL[~RlflA / / rOUND PCP F'[743 FLOOD ZONg: 'X' COMIdUf~ Ty PANEL ]E~206 7-O41~fl DATED: 06-03-~6 CERTIFICATION: CERTIFY THAT ~ :SC~v~rY WAS MADE UNOER MY D~RECTION AND 1HAT IT MEETS' THE MINIMUM TECHNICAL EIA~JDARDS SET FORTH BY THC BOARD OF PROFESSIONAL k~Tr, LAND SUR:~:YOR~ AH~ MAPPERS IH CHAPTER 61017-6, FLORIDA ADMINISTRATIV[ IN C~qPt. I~ICE VITH CODE, I~J~;['::~UANT TO SECTION 47~027 FLORIDA STATUTE~ -- · _61617-6~03~ (~) (E.1 (IF LDCATI[~I I~ '-~..%. / ' . . ~/ / [ASEH~NT~ ~R RIGHT-.~"-VAY OF ·O- ' - IS -- ' nlm[~n TI--WI~ ~ ANn ~ ~ACDO~,U~. ~S t4oo~ I .... ~ t ' ·IAPR082003 I ISURVEY IS VALI) foR go DAYS PLEASE: REFER TO REW. RSE ~dDE FOR GF. NERAL NOTES & ~e.-.£M^noN~ _ · 6561 T^~OR R~O. SU, T(: T-,~,T/I' F.L.A. SURVEYS CORP. · N~-c£S. ~CORI^ 3l~"" ti .... [_~ 941 598 5936 X 98 5939 I IPROF[SS~ONAL LAND SURVEYORS .~' MAPPERS-LB 6569 - - Fl~ ~ - 12730 NEW BRI11ANY BLVD. I'" PROJ~CT , FT. MYERS, FLORIDA 33907 I CONDITIONS OF APPROVAL VA-2002-AR-33'/9 b) c) This variance is for the encroachment shown in F_.xln3it "A" only. Any further encroachments will require a separate variance request. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the acl,_,_8! replacement cost of the structure at the time of its destruction, any reconstruction shall eomt~orm to the provisions of the Land Development Code in effect at the time of reconstruction. APR 0 8 2003 EXECUTIVE SUMMARY. PUBLIC HEARING FOR THE 2002 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS. (Transmittal Hearin,q) OBJECTIVE: For the Board of County Commissioners to review the 2002 cycle of Amendments to the Collier County Growth Management Plan and consider approving said Amendments for transmittal to the Florida Department of Community Affairs. CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. · Resolution 97-431, as amended, provides for a public petition process to amend the Collier County Growth Management Plan. · The 2002 cycle of Amendments includes four private-initiated amendment petitions under the petition process, and six County-initiated Amendment petitions - including one primarily based upon the actions of the Golden Gate Area Master Plan Restudy Committee. (One petition number is skipped intentionally [CP-2002-2]; that petition is on hold as it is in the Rural Fringe area and is affected by the Challenges filed to adoption of the Rural Fringe GMP amendments.) · The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing on March 20, 2003. · This Transmittal hearing considers amendments to the following Elements of the Plan: 0 Future Land Use Element (FLUE) and Future Land Use Map and Map Series Golden Gate Area Master Plan (GGAMP) and Future Land Use Map and Map Series Immokalee Area Master Plan (lAMP) Potable Water Sub-Element of the Public Facilities Element (PWS-E) Sanitary Sewer Sub-Element of the Public Facilities Element (SSS-E) 0 Capital Improvement Element (CIE) FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these amendments since final action is not being taken at this time (these amendments are not being considered for adoption at this hearing). However, if approved for transmittal, these amendments will subsequently be considered for adoption at hearings to be held in early fall 2003. There are no fiscal impacts to Collier County as a result of the private-initiated amendments to the Growth Management Plan. The County-initiated amendments to the FLUE, GGAMP, PW-SE, SSS-E, and CIE will necessitate use of existing staff resources to initiate related, implementing amendments to the Land Development Code. The County-initiated amendments to the CIE (and FLUE) could potentially, though not likely, result in increased expenditures being needed for the 5-year Capital Improvement Plan in order to keep pace with projections of population growth. However, the alternative would be to "underplan" for population growth with the potential to experience a shortfall in needed public facilities. GROWTH MANAGEMENT IMPACT: Approval of these Amendments by the Board of County Commissioners for Transmittal to the Florida Department of Community Affairs v cnrnm~nra __ APR O 8 2003- p~ ..____ ! _ , the Department's ninety (90) day review process and ultimately return these Amendments to the Planning Commission and the Board of County Commissioners for final Adoption hearings to be held this fall. ENVIRONMENTAL ISSUES: No particular issues have been identified relative to protected plant or animal species, groundwater resources, or soils. Prior to development, subsequent development order approvals must be obtained (e.g. rezoning, subdivision plat and/or site development plan); these development orders would be reviewed for compliance with various environmental protection standards contained in the Land Development Code. Also, as applicable, subsequent development orders are subject to review for compliance with state and federal environmental protection regulations. HISTORICAL/ARCHAEOLOGICAL IMPACT: None of these amendments to the Growth Management Plan contain lands identified as being in areas of historical or archaeological probability. PLANNING SERVICES STAFF RECOMMENDATION: Staff's recommendation follows each individual petition listed below. At the CCPC hearing, staff identified some additional general text revisions needed for clarity, consistency and formatting purposes. EAC RECOMMENDATION: Growth Management Plan amendments such as these (routine cycle amendments) are not reviewed by the EAC. CCPC RECOMMENDATION: The Collier County Planning Commission held their required public hearing on March 20, 2003. The CCPC recommendation follows each individual petition listed below. The CCPC incorporated staff's additional general text revisions in their motions. All recommendations made by the CCPC are incorporated in the Exhibits to the transmittal Resolution. PETITION CP-2002-1, Karen Bishop of PMS, Inc. of Naples representing John B. and Dora A. McMullen, requesting an amendment to the Future Land Use Element and Future Land Use Map Series to expand the NE quadrant of Activity Center #7 by 18.5+_ acres to allow 185,000 s.f. of certain specified commercial uses, for property located 1,~ mile east of Collier Blvd. (CR-951) and on the north side of the road leading to the Swamp Buggy grounds [opposite Rattlesnake-Hammock Rd. (CR-864)], in Section 14, T50S, R26E. [coordinator: Jean Jourdan] Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: The proposed text presented in the CCPC Staff Report was tailored to certain use categories, supported by appropriate data and analysis submitted by the petitioner (data and analysis is required by Ch. 163, F.S.), and was deemed by staff to be generally compatible with surrounding properties. At the CCPC hearing, the petitioner distributed revised text to staff and the CCPC proposing to add uses (office and retail) and to delete square footage caps for use types. The petitioner indicated the revised uses were less intense than the original category of uses and are comparable to a Business Park. 2 APR 0 8 2003 Staff objected to, and does not support, the petitioner's last minute proposed text revisions. Concerns are that there is no data and analysis to support the broader array of commercial uses now proposed; the removal of square footage caps by use category renders any use limitations meaningless in assuring a particular use mix; and, there is now some degree of compatibility concern, especiaJly with the introduction of certain retail uses that could significantly alter the type of development allowable on the property and the accompanying impacts, especially traffic (as an example, it appears a home improvement store, such as Home Depot, would be allowed). Additionally, the Business Park Subdistrict contains numerous criteria, limitations and requirements - most of which this project does not comply with; it appears the petitioner is attempting to establish a pseudo-business park without necessity of compliance with the Business Park Subdistrict in the FLUE. Staff also notes that, though the petitioner's verbal presentation did note the uses being added, the format of the text distributed at the CCPC hearing did not clearly identify them - rather it only clearly showed the deletion of square footage caps. After discussion, the CCPC unanimously recommended that the BCC transmit the petition to the Florida Department of Community Affairs, as submitted by the petitioner at the CCPC hearing and with the additional changes noted below to add an overall project square footage cap, clarify the personal self storage is for indoor facility, and that the warehouse use is for occupants. Also, the CCPC recommended the petitioner be required to submit to staff, between Transmittal and Adoption hearings and in timely fashion, data and analysis acceptable to staff that demonstrates support/need for the proposed use/intensity changes. Text recommended by CCPC: 1. Mixed Use Activity Center Subdistrict [revises FLUE text: page 19] 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial uses permitted at Activity Centers # 3 an~ #7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center;; the balance ef-0ae of the land uses area shall be for residential and/or community facility uses fac:.!:.t:.e:. The maximum amount of commercial uses permitted at Activity Center #7 is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be for residential and/or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, development shall be limited to a total of 185.000 souare feet of the following uses a. ad.i~g~si~,: A,~.v,vvvr, r~n ~-a---~ ....... " ...... .... c personal indoor self-storage facilities; 70,LY2~ :va:zarz fzz: c.c offices for various contractor/builder consitaction trade c7zz'~a'.::.:: st~ecialists inclusive of the offices of related t}rofessional discinlines and services that tvnicallv serve tht~se construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys: mortoave and land title comt~anies: related businesses including but not limited to lumber and other building materials dealers, t~aint, glass, and wailnaner stores, garden sutmlv stores: management associations of various tvnes of buildings or vrovide services to buildings/nro~erties and fitness centers: 75,L2'2L2 zzy. arz ~.zz: cf warehouse space for various contractor/builder construction tradeg ~ ~ Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facility uses faci!~t:.e:. Activity Centers #2 and #5 of these~ tw have approximately 80% of the area zoned or developed for commercial uses. For purpc es Na,A~ll~M,.,,, APR 0 8 2003 3 pg. ~,,,' Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and/or community facilities. Words with single underline are additions, and words with single g'.rike t~r.cag~ are deletions, to existing FLUE text; ............. ~.. are deletmns, recommended by CCPC. Words with double tmderline are additions, words with double ~'-:~-- '~' ..... ~' ' PETITION CP-2002-3, Robert Duane of Hole Montes, Inc. representing Bill and Mary Grant and Naples Gateway Land Trust, requesting an amendment to the Gc~lden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Subdistrict by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and/or office uses as allowed in the C-3 zoning district, and removing conditional uses, for property located at the NE quadrant of the Pine Ridge Road/Livingston Road intersection, in Section 7, T49S, R26E. [Coordinator: Glenn Heath] Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. Subsequent to the CCPC hearing, staff has made one additional clarifying change - to make it clear that the prohibited use "automobile parking" refers to a freestanding parking lot, not a parking lot accessory to a commercial use. CCPC Recommendation: After discussion, the CCPC unanimously recommended that the BCC transmit the petition to the Florida Department of Community Affairs, with the changes noted below regarding C-3 uses allowed and regarding the setback/buffer area along the north property line. Text recommended by CCPC: 5) Pine Ridge Road Mixed Use Subdistrict [new designation and revised text: page 18] Adjacent to th._~e tS:.s Interchange Activity Center on the west side of 1-75 and on the north side of Pine Ridge Road is a property comprising !2.77 16.23 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use Subdg~istrict and consists of Tracts 1, 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The intent of the Pine Ridge Road Mixed Use Subdi}istrict t~:.~ ~t~ct is to provide for a mix of both retail and office uses to provide for shopping; and personal services for the surrounding residential areas within a convenient travel distance, and to provide commercial services in an acceptable manner along a collector roadway, Livingston Road. Well-planned access points will be used to improve current and future traffic flows in the area. Within this Subdistrict no more than 35,000 square feet of office related uses on =~ _+3.2 acres are permitted within the eastern portion of this property which includes a portion of Tract 28 and a portion of Tract 13. ~ ......... :-: .... : ....:~ ~ ..... :°°~'~ '~ ~'~ ,~. ,=~, c e ~_.~ ~. ~, o~ c: ^ c, ~,.~.~l.. ~. .... ~. ..... ., ~.:l.~ ~..~ ~.,..,, .~ ....... c~:,:.:~ A maximum of 80,000 square feet of gross leaseable retail or office area, as allowed in the Commercial Intermediate District (C-3} of the Collier County !.and Development Code as of the effective date of the adoption of this Subdistrict [after adoption, the correct d_a_t_e and Ordinance # will be substituted in this sentence], are permitted within the western 10.52 acres of this property. The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezonine a~oroval to insure aDoro~riateness in relationshin to ~urroundin~ orooerties. 4 APR Building heights shall be limited to 35 feet. A rezone to Ss_uch permitted principal uses shall be encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the subject property i~, with special attention to be provided for shared access; _. wWater management, uniform landscaping, signage, screening and buffering, ~,a ,,,~ ..... : .... ~, .... ~ .......... -~-~'~ will be provided at the time of rezoning to ensure compatibility with nearby_residential areas, and subject to the following additional criteria: · There shall be no access onto Livingston Woods Lane_. · There shall be a minimum ~_a ..... ~ ~...ccA. setback area along the north n~.~ wegt property l!ne: line of 75 feet-;_. · Driveway access, parking and water management facilities may be allowed within the 75' ~ setback area along the north property line but none of these uses shall be located closer than 30 feet to the '::est er north property line-;._and · No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted-;.__and · The eastem 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. · Within the western 10.52 acres, a loop road /easement will be constrUcted through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this A.~.....~,:..:,y r-~...~. ..... ~.,~.~'~. Subdistrict. Words with single underline are additions, and words with single str!!:e t~rc'.-'g~ are deletions, to existing FLUE text; Words with double underline are additions, words with double :'.ri!:: :.~.r:'.:~,~ are deletions, recommended by CCPC. PETITION CP-2002-4, D. Wayne Arnold of Q. Grady Minor and Associates and Anthony Pires, Jr. of Woodward, Pires and Lombardo, representing Bryan Paul et al, requesting a text amendment to the Golden Gate Area Master Plan to modify the Rural - Settlement Area District to clarify vested uses, densities and intensities, and to clarify an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR-846), the north side of Randall Blvd., and bisected by Oil Well Road (CR-858), and commonly known as Orangetree PUD. [coordinator: David Weeks] Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: After discussion, the CCPC unanimously recommended that the BCC transmit the petition to the Florida Department of Community Affairs. e PETITION CP-2002-5, Robert J. Mulhere of RWA, Inc., representing Brian Mansour of Woodfield Builders, LLC, requesting a text amendment to the FLUE to allow the Affordable Housing Density Bonus of up to 8 dwelling units per acre, but limited to dwelling unit ownership, to be applicable to 55 acres in the Urban Residential Fringe Subdistrict, located on the east side of Collier Blvd. (CR-951), approximately .6 mile south of Rattlesnake- Hammock Rd. (CR-864), in Section 23, T50S, R26E. [coordinator: Jean Jourdan] Staff Recommendation: with a recommendation to Transmit to the Florida Department of Community ! That the CCPC forward the petition, as modified by staff, to the BCC APR 0 8 2OO3 CCPC Recommendation: After discussion, the CCPC unanimously recommended that the Bce transmit the petition to the Florida Department of Community Affairs, with the change noted below decreasing the density bonus from 8 DU/A to 6 DU/A. Text recommended by CCPC: 3. Urban Residential Fringe Subdistrict: [revised text: page 20] The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approxi~nately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or, in the case of properties specifically identified below, a density bonus of up to ~ 6.0 additional units per gross acre may be requested for projects providing affordable housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.7.7 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. :cbject ~_~:.: ...... .n ......... ~.: ...... ~'^ ~^-~: .....':-~ 'greta: Within the Urban Residential Fringe, rezone requests consistent with the maximum densities identified above are not subject to the density rating system, but are subject to the following conditions: a. All rezones are encouraged to be in the form of a planned unit development; b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area; and, c. Properties eligible for the Affordable Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.7.7 of the Land Development Code, except that the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable Housing Density Bonus (home ownership only) of up to g,~ 6.0 additional dwelling units per acre. Words with single underline are additions, and words with single s'.-!ke t~rc::g~ are deletions, to existing FLUE text; Words with double underline, are additions, words with double z:r['.:: :~rz::g~ are deletions, recommended by CCPC. PETITION CPSP-2002-6, petition requesting amendments to the Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map and Map series, primarily as a result of the recommendations of the GGAMP Restudy Committee, to include: [coordinator: Glenn Heath] Establishing the new 'Commercial Westem Estates Infill Subdistrict" at the SW corner of the Collier Boulevard (CR-951)/Vanderbilt Beach Road (CR-862) intersection. · Expansion of the Neighborhood Center designation at the Wilson Boulevard/Golden Gate Boulevard intersection so as to include all four quadrants. · The creation of two new Neighborhood Center designations, one at the Everglades Boulevard/Golden Gate Boulevard intersection (all four quadrants), and one at the Everglades Boulevard/Immokalee Road (CR-846) intersection (southerly two quadrants). · Text revisions to the Conditional Uses Subdistrict. · Text revisions regarding commercial uses, including creation of a new goal and APR 0 8 2003 · Text revisions for format consistency, correction of prior errors and omissions, and the like. Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. Subsequent to the CCPC hearing, staff noted that the legal advertising was not sufficient to allow the proposed addition of future land use designations for properties external to the boundaries of the GGAMP (certain Activity Centers, Rural Fringe areas, etc.). These map changes may be considered at the Adoption hearings, with proper advertising. CCPC Recommendation: After discussion, the CCPC unanimously recommended that the Bce transmit the petition to the Florida Department of Community Affairs, with the changes noted below to create two separate Subdistricts for the present Golden Gate Commercial Infill Subdistrict - one under the Urban - Commercial District and one under the Estates - Mixed Use District, and to modify the Commercial Western Estates Infill Subdistrict to clarify the type of water management facilities allowed in the buffer area. Text recommended by CCPC: 4) Commercial Western Estates Infiil Subdistrict [new text: page 29] The purpose of the Subdistrict is to allow for limited commercial and/or medical office uses, in recognition of the subject property's unsuitability for single-family residential development. Limited commercial and/or medical uses at this location will also assist in reducing the distance and the number of vehicular trips generated within the general area through trip capture. The standards contained in this Subdistrict are designed to ensure that uses within the Subdistrict will be compatible with nearby residential development. A loop road required through the property to connect Vanderbilt Beach Road with Collier Boulevard will also serve to lessen vehicular trips through the intersection. a) Size and Location: The Subdistrict includes a 6.23-acre parcel, located at the southwest comer of Vanderbilt Beach Road and Collier Boulevard (see Map 15). The parcel is identified as Tract 105, Unit 2, Golden Gate Estates. b) Permitted Uses and Development Intensity: Within the subiect property, 3.93 acres of office/medical use is permitted with a maximum of forty-one thousand four hundred and ninety (41,490) square feet of gross leaseable area permitted or approximately 6,660 square feet per gross acre. The balance of the area, comprising +2.3 acres, shall remain in open space. Uses allowed within this subdistrict shall be those office uses, medical uses, and financial institutions permitted whether by right or by conditional use, within the C-1 zoning district, as contained in the Collier County l.and Development Code, Ordinance 91-102, as of the effective date of the adoption of this Subdistrict [after adoption, the correct date and Ordinance # will be substituted in this sentence]. c) Development Standards: All permitted uses within this Subdistrict shall be encouraged to be submitted in the form of a Planned Unit DeveloPment (P.U.D.) for the subject property with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering to ensure compatibility with nearby residential areas. 7 APR 0 8 Building height shall be limited to two stories, with a maximum height of thirty- (30) feet, except that portions of the property within one hundred (100) feet of the buffer described in item//3, below, shall be limited to one story with a maximum height of twenty-five (25) feet. There shall be a setback of seventy-five (75) feet in width abutting Estates-zoned property. Where feasible, existing native vegetation shall be retained within this setback area. :tbs Water retention/detention areas shall be allowed in this setback area ~rovided that the area is left in a nab:ral state, and drainaee conveyance throueh the setback area shall be allowed, as necessary, in order for stormwater to reach an external outfall. Words with single underline are additions, and words with single str:.ke t~rc'.:g~ are deletions, to existing FLUE text; Words with double underline are additions, words with double otr['.:: :~rg'-'-g~ are deletions, recommended by CCPC. PETITION CPSP-2002-7, petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series to include: [coordinator: David Weeks] · Text revisions to Policy 4.6 to correlate with Land Development Code amendments pertaining to Access Management Plan provisions. · Text revision to Policy 4.8 to add methodology for preparing population estimates and projections as relates to the Capital Improvement Element. · Text revisions to the Office and Infill Commercial Subdistrict for clarity and to reflect past application and interpretation by staff and the Board of County Commissioners. · Text revisions to the PUD Neighborhood Village Center, Business Park, and Research and Technology Park Subdistricts to add clarity of intent regarding development thresholds. · Text revisions to the Density Rating System to explain and clarify density calculations. · Revisions to the Wellhead Protection Areas Map to reflect recent hydrologic modeling, changes in well-field use, and addition of new wells. · Text and Future Land Use Map revisions for format consistency, internal Plan consistency, correction of prior errors and omissions, and the like. Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: After discussion, including noting that the LDC is also being amended regarding density calculations and that the FLUE and LDC changes need to be consistent, the (3CPC unanimously recommended that the BC(3 transmit the petition to the Florida Department of Community Affairs. PETITION CPSP-2002-8, petition requesting a text amendment to the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the Recreational/Tourist District. [coordinator: David Weeks] Staff Recommendation: That the CCPC forward the petition to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: petition to the Florida Department of Community Affairs. The CCPC unanimously recommended that the BCC transmit the APR 0 8 20O3 PETITION CPSP-2002-9, petition requesting text amendments to the Goals, Objectives and Policies of the Potable Water Sub-Element of the Public Facilities Element, most notably to modify some Level of Service standards; requesting new Water District Boundary and Potable Water Service Area Maps, new Potable Water Treatment and Transmission Facilities Map, and new Table of Capital Improvement Projects; and requesting an update to the entire Support Document. [coordinator: David Weeks] Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: One Planning Commissioner voiced a security concern relative to terrorism in that this petition reveals sensitive information about the location of vital public facilities. It was acknowledged that the information in the Potable Water Sub-Element is public record, but that every time the Sub-Element is reviewed, attention is brought to its existence. The consensus of the CCPC was to request the County Attorney's Office prepare a legal opinion, prior to Adoption hearings, as to whether the County must act on this petition. After discussion, the CCPC unanimously recommended that the BCC transmit the petition to the Florida Department of Community Affairs. CPSP-2002-10, petition requesting text amendments to the Goals, Objectives and Policies of the Sanitary Sewer Sub-Element of the Public Facilities Element, most notably to modify some Level of Service standards; requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities Maps, and new Table of Capital Improvement Projects; and requesting an update to the entire Support Document. [coordinator: David Weeks] Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: After discussion, the CCPC unanimously recommended that the BCC transmit the petition to the Florida Department of Community Affairs. 10. CPSP-2002-11, petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust level of service standards for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub-Elements. [coordinator: David Weeks] Staff Recommendation: That the CCPC forward the petition, as modified by staff, to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: After discussion, the CCPC unanimously recommended that the BCC transmit the petition to the Florida Department of Community Affairs. RECOMMENDATION: That the Board of County Commissioners review the Growth Management Plan Amendments, and consider adopting a Resolution approving these amendments for transmittal to the Florida Department of Community Affairs, as recommended by the CCPC, and with the one addition regarding "autornobile parking" lot clarif[ :.:'.v. ' .... APR 0 8 20O3 CP-2002-3), and with the changes to the Golden Gate Area Master Plan Future Land Use Map not to add land use designations for properties outside of the GGAMP boundaries (petition CPSP-2002-6). DATE: DAVID WEEKS, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: E: ~'T'-'~N LITSING~f~, AICP f COMPREHENSIVE PLANNING MANAGER ,/JOSEPH K. ,~HI~ITT / A~)MINISTRATOR ! ~OMMUNITY DEVELOPMENT & ~NVIRONMENTAL SERVICES DIVISION EX SUM Transmittal 2002 cycle G, Comp, Comp Plan Amendments, 2002 cycle lO dw/3-27-03 APR 0 8 2003 NOTE: The back-up material for this Executive Summary is abbreviated (due to the tremendous volume of materials, the size of some maps/plans, and the color copy of some documents which do not photocopy well in black and white). The complete back-up material for these Growth.Management Plan amendments is available for review, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., in the Comprehensive Planning Section of the Planning Services Department, located in the Collier County Development Services Center at 2800 North Horseshoe Drive (phone: 239- 403-2300). On April 8, the day of the Board of County Commissioners' public hearing on these amendments, the complete back-up material will be available for review in the hallway outside the BCC Meeting Room, 3r'~ Floor, W. Harmon Turner Administration Building, at the Collier County Government Center, 3301 East Tamiami Trail. 1] APR 0 8 20O3 il':' EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NO. 99-76, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR AN AMENDED PROCEDURE FOR ESTABLISHING A UNIFORM GRIDD NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR AN AMENDED PROCEDURE FOR CHANGING NON- CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS; PROVIDING AMENDED PROCEDURES FOR STREET NAMING; PROVIDING AMENDED PROCEDURES FOR STREET RENAMING; PROVIDING FOR PUBLIC NOTIFICATION; PROVIDING FOR STREET SIGNS ON PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE 97-9; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To obtain Board approval of an ordinance amending Ordinance No. 99- 76, relating to mandatory street numbering of all structures and the establishmem of a grid pattern for street numbering. CONSIDERATIONS: Section 336.05, Florida Statutes, authorizes the Board to name and rename streets and roads. The Collier County ("County") land Development Code, Sections 2.3.7.1.2 and 3.2.8.3.19, requires that no street, subdivision or identifying title shall duplicate or closely approximate the name of any other street or subdivision in the incorporated or unincorporated areas of the County. Further, the legislature of the State of Florida has delegated the responsibility of adopting regulations designed to promote the public health, safety and general welfare of its citizenry to local governmental units. The lack of properly numbered structures has often resulted in the misrouting of service vehicles, e.g., delivery, mail, as well as causing an unnecessary inconvenience fo ' unfamiliar with the County. Incorrect addresses delay response tinge for ert No. APR 0 8 2003 pg._ vehicles, e.g., police, fire and ambulance, thereby rendering the Enhanced 911 System implemented by the County no more effective than the previous 911 System. Also, the ordinance was amended to add provisions for notification of the public and the scheduling of neighborhood informational meetings regarding addressing changes. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: This action has no impact on the Growth Management Plan. RECOMMENDATION: That the Board adopt the attached ordinance amending Ordinance No. 99-76, and/~u~horize its chairman to execute said amending ordinance. I~. E. "Bleu" Wallace, Director CDES O~erations (Addressing Element) REVIEWED BY: /' ~,"~'~.-~J. '~/~ '~(u~ Date: Norm~h~ E' F~der, AICP, Administrator Transportation Services Division APPROVED BY: ~ Date: ~//~//-~ //Jg~eph K. S~hmitt, Adnffnistrator ' ommunity Development & Environmental Services Division APR 0 8 2003 ~._~--- AMENDED ORDINANCE NO. 99 - 76 AN ORDINANCE AMENDING ORDINANCE NO. 99 -76~ RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATYERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR A._.~N AMENDED PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR AN AMENDED PROCEDURE FOR CHANGING NON-CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS; PROVIDING AMENDED PROCEDURES FOR STREET NAMING; PROVIDING AMENDED PROCEDURES FOR STREET RENAMING; PROVIDING FOR PUBLIC NOTIFICATION~ PROVIDING FOR STREET SIGNS ON PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 97-9; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Collier County, Florida have experienced delays in the arrival of emergency vehicles such as police, fire and ambulance; and WHEREAS, Collier County has implemented the Enhanced 9-1-1 System and incorrect addresses delays response time for emergency vehicles; and WHEREAS, the lack of properly numbered structures has often resulted in the misroufing of delivery vehicles, mail, carrier, and home delivery vehicles; and WHEREAS, the lack of properly numbered structures has resulted in unnecessary inconvenience, discomfort and driving for persons unfamiliar with the COUNTY; and WHEREAS, Section 336.05, F/or/da Statutes, authorizes the Board of County Commissioners to name and rename streets and roads; and WttERF.,AS, Sections 3.2.7.1.2 and 3.2.8.3.19 of Collier County Land Development Code require that no street, subdivision or identifying rifle shall duplicate or closely approximate the name of any other street or subdivision in the incorporated or unincoq~orated area of Collier County; and WHEREAS, duplication of names of developments, buildings, streets and subdivisions safetyn°t °nly causes c°nfusi°n t° the general public but can be a threat t° publ I saf~'t~hl~d ~ services. i APR082003 Words underlined are added; words ........... ~.. are delem I~. l NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: STATUTORY AUTHORIZATION The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, after a public hearing with due public notice, has determined that the public health, safety, comfort, good order, convenience, and general welfare would best be served by the exercise of the power granted to said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance. SECTION THREE: STATEMENT OF INTENT AND PURPOSE It is the intent and purpose of this Ordinance to promote the public health, safety and general welfare of the citizens and persons in Collier County, Florida by requiring the posting of official address numbers on principal or accessory structures, establishing a procedure for numbering and renumbering developments and procedures for naming, renaming and monitoring street names in the unincorporated areas of Collier County for the purpose of providing emergency services such as fire, police, and ambulance; to facilitate delivery of mail, official notices, goods and merchandise; and assist in locating various points of interest throughout the County. SECTION FOUR: DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. 1._=. Accessory Structure: An accessory structure is a structure of nature customarily incidental and subordinate to the principal structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot under the same ownership. Administrative Official: The Planning Community Development and Environmental Services '": ..... Administrator or his Designee ^~ r,~.,., ...... c._.:~_~ is hereby designated as the Administrative Official and shall be responsible for the implementation and enforccment of this Ordinance. Auxiliary Official Address Numben. An official address number used to identify an accessory structure, a mobile home or recreational vehicle within a mobile home rental park or recreational vehicle park, an apartment within an apartment building, or any other structure which has been determined by the Administrative Official to require an auxiliary official address. Development: The act, process or result of placing buildings/and or structures on a lot or parcel of land. d~olic~ Emergency Service: :?~I Means, lint i~ not to be limited to fire an ambulance service and the deliw.'~'y of medical services by a physician. ~ Words underlined ar~ ~lded; wor~ r-::-.:e.~ t.~"g.~ am deletedi 12.._: 13__, 14_..: Public Strut: traffic. SECTION FIVE: Grid: ~ o A pattern of lines, governed by a point of origin, on a map of Collier County to identify reference points for the assigning of addresses. Lo. At: For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet the minimum requirements of the zoning district in which it is located, for use, coverage, and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or D. A parcel of land described by metes and bounds. Master Planned Community: A master planned community is a plan of development for an area of land in which all of its geographic parts are joined together by a system of streets which in turn share common access to the county's major street system. Characteristics include common recreation amenities, common open space and a master property owners association. Occupant: Any person, association, partnership, trust, organization or corporation, other than the owner, who is occupying or leasing the principal or accessory structure for a period exceeding thirty (30) days. Official Address Number:. The official identification number assigned to a principal or accessory structure by the Administrative Official for the purpose of providing its expeditious location. Owner: Any and all persons, partnerships, trusts, organizations or corporations which own the fee title to the property upon which a principal structure or accessory structure is located. Principal Structure: The structure which serves as the principal use permitted in the zoning district within which it is located. Private Street: Thoroughfare, used for vehicular traffic, which affords the principal means of access to abutting properties, used exclusively for the residents therein. Right-of-way either paved or unpaved, which is intended for vehicular REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER The Owner or Occupant of a Lot upon which a structure is located shall post an Official Address Number on the Principal or Accessory Structure located on said Lot, in accordance with thc requirements of this Ordinance or within ninety (90) days of the notification of the address change as provided in Section Eleven. In addition to posting the Official Address Number on the Principal or Accessor~ Structure, it shall also post the Official Address Number on the sea ~all, ~~ dock or pier or on the boathouse, in accordance with this Ordinance. APR 0 8 2003 Words underlined are added; words ~ are d,~-!et ~,~ "3 C. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third or in the area defined in Section 2.5 of the Land Development Code of Commercial and residential signage that utilizes the following sign types; pole sign, ground sign and directory signs SECTION SIX: EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER A. Vacant unimproved Lots upon which no slyuctures axe located. B. The Administrative Official may grant an exception to the requirements of Section Five and Seven, after application for an exception by the Owner and a determination by the Administrative Official that one of the following may apply: 1. The architectural design is such that strict enforcement will interfere with the function and utility of the architectural theme of the structure. 2. In the case of multi-residential structures, mobile homes and recreational vehicles, strict compliance is not reasonably possible due to the arrangement, number and location of units involved. 3. Where unusual conditions exist or where the literal interpretation of Section Five or Seven will create a hardship, the Administrative Official may deviate from the specifications of Section Five or Seven provided such deviation will not circumvent the intent and purpose of this Ordinance. In the granting of an exception, the Administrative Official may specify conditions and specifications upon which exception is granted. SECTION SEVEN: SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S) A. Official Address Number(s): on _Oone and two-family structures shall be have official address numbers in Arabic in design and have a minimum height of four (4) inches. 1_. All other new structures shall have numbers of Arabic design and a minimum height of six (6) inches. Existing buildings, other than one and two-family structures, shall have address numbers that comply with the six (6) inch minimum height and all other specifications of this section within one calendar year of the effective date of this ordinance. Address Numbers on siRns shall be a minimum height of eight (8) inches. Numbers shall be mounted in a secure fashion to the structure's front wall or other fixed appurtenance in the front of the structure within five (5) feet of the main entryway or main path of travel which leads to the main entrance from a Public or Private Street or shall be otherwise separately mounted in a manner upon the face of a wall or fence or upon a post in the front yard of the Lot. 2_. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to fy nt~ inter, ers contrasting background, arrangement, spacing, size and uniforn that the numbers may be read with ease during daylight hz possessing at least twenty/forty (20/40) vision if he views the center line of the abutting street. The numbers shall be pla Words underlined are added; words :'..~cl: -'-~..-a"-g.~ are deleted pg. 6 4 Eo Fo shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. 3_. Wherever practicable and in accordance with these specifications, the Official Address Number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. In the case of an apartanent building which contains a series of individual apartment units within a principal apartment building, the following shall apply: 1. The principal apartment building shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the main apartment building, when the building does not have an uniquely assigned address number, such number shall include a by-line indicating the Official Address Number range of the apartment unit(s) within the apartment building. These numbers shall be of the same size as the principal address number and shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT A In the case of a mobile home park or recreational vehicle park, the park and the Lots within the park shall be numbered as follows: 1. The mobile home park or recreational vehicle park shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the mobile home or recreational vehicle park, each lot located within the park shall be given an Auxiliary Official Address Number which shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT B In instances where a main entryway of a structure(s) is not clearly visible from a Public or Private Street, the Owner shall be required, in addition to the requirements of Section five and Section Seven, to post the Official Address Number and/or Official Address Number range in a conspicuous place within ten (10) feet of the point of intersection of thc driveway serving the structure(s) and the right-of-way of the Public Street or the easement line of a private street as the case may apply. SF~ EXHIBIT C FOR £PEC!-z~-C P-E~Q?-?~-.~.~-'~Y- ~ Wherever required by law that the Official Address Number be placed on a mailbox in order to receive U.S. Mail, the Owner shall be required to post the Official Address Number on both sides of the mailbox in addition to placing the Official Address Number on the Principal or Accessory Structure as required in this Ordinance. In thc case of a waterfront lot, the Owner shall be required to post thc Number on the seawall, the end of thc pier or dock, or on the Ov according to the following specifications: Words underlined are added; words :'--::!: :,~-"~.:gh are deleted APR 0 8 2003 ~,. I"/ '. 1. Official Address Number(s) shall be Arabic in design and have minimum height of six (6) inches. Such numbers shall be mounted in a secure fashion on the waterside of the structure so as to be clearly visible by passing boat operators using the abutting waterway. 2. Official Address Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the abutting waterway as measured from the National Geodetic Vertical Datum. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty/forty (20/40) vision if he views the numbers from within I00 feet on the abutting waterway. The numbers shall be so placed that other obstructions do not block the line of sight of the numbers from the abutting waterway. 3. It shall be required that all Official Address Numbers be placed close to a light source or made of reflective materials so as to be visible at night by the operator of a passing boat or by shining a flashlight on the number. In t~.~ c~e ~f a c-Commercial structure_s, or ~Mmultifamily S_structure.' 1_. Buildings with three (3) or more dwelling units, having a rear access roadway or alleyway, rear entry doors into the units/suites shall be marked as follows: a. Unit and suite numbers on structures shall be Arabic in design and have a minimum height of four (4) inches. Such numbers shall be mounted in a secure fashion to the unit or suite rear entrance door or other fixed appurtenance in the front of the door within five (5) feet of the rear entryway or main path of travel which leads to the rear entrance from the rear access roadway or alleyway or shall be otherwise separately mounted immediately adjacent to the rear access entrance door on the structure wail. b. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and umformity of integers .so that the numbers may be read with ease during daylight hours by a person possessing at least twenty/forty (20/40) vision if he views the numbers from the centerline of the abutting roadway or alleyway. The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of thc street. c. Wherever practicable and in accordance with these specifications, the unit or suite number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a lifiht source( the number shall be made of reflective material. APR 0 8 2003 Words underlined are added; words g'-.--'zk tSrc.'.:g~ are delel d d. Official Ad~lress Number or Numbers shall be mounted to the sign face, be a part of the sign copy, or be mounted to the sign structure. This area shall be free of obstructions so that the line of sight of the numbers is visible from the center of the street. SECTION EIGHT: APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER Any Owner requiring a new Official Address Number shall apply to the Administrative Official who shall furnish him or her with same. To be assigned the proper street number and name, the Owner must provide a legal description of the subject property to the Administrative Official. SECTION NINE: CO.~.~°L'..*.NCE P~ELATLNC TO REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS All new construction or building repairs requiring a County building permit shall comply with the requirements of this Ordinance prior to the final structural inspection or final building repair inspection by the Inspections Section of Collier County's Building Review and Permitting Department. A Certificate of Occupancy shall not be issued until it has been verified by the Addressing Section of Collier County's Building Review and Permitting Department that the building has been properly numbered in accordance with this Ordinance. SECTION TEN: PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS A. The following Grids are established in Collier County for the assigning of addresses to structures: 1. City of Naples Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall be Central Avenue and the Gulf of Mexico in the City of Naples with lines running east/west and north/south of point of origin. The interval of lines shall continue: North - to the Collier County line; South - to the Gulf of Mexico excluding Marco Island; and East - to 1-75 and C.P../£.P.. 95! Airport Road North & South. 2. Area of Golden Gate Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall start at Wilson Boulevard and Golden Gate Boulevard. The interval of lines hall continue: North - to the Collier County line and S.R. 858; South - to the Gulf of Mexico; East - to the Collier County line; and West - to 1-75 and C.RffS.R. 951/Collier Boulevar0. Area of Marco Island Grid: A pattern of intersecting lines running north/south and east/west origin beginning at S.R. 92 and the Gulf of Mexico. This Grid all of Marco Island. Words underlined are added; wordsr. .... ..........~- .~- ..... ~,..~- are deleted ~ith t~polnt o~ shall encompass '~ APR 0 8 2003 Area of Immokalee Grid: A pattern of intersecting lines running north/south and east/west with the point of origin starting at Maine Avenue (S.R. 29) and First Street (S.R. 846). The interval of lines shall continue: North - to the Collier County line; South - to S.R. 858 and S.R. 846; West - to the Collier County line, cast line of Range 27 and Oil Well Grade Road; and East - to the Collier County line. B. Odd numbers will be assigned to the buildings on the north and west sides of the Public or Private Streets, even numbers will be assigned to the buildings on the south and east side of the Public or Private Street. C. The assignment of numbers on comer lots shall be determined from the Public or Private Street on which access to the building is obtained unless unique and unusual circumstances exist as determined by the Administrative Official. D. In cases in which the Public or Private Street runs both nor'd~/south and east/west, the grid direction shall be determined by the predominant proportional length of the Public or Private Street. E. Main arterials which pass through more than one grid shall not have more than one addressing system. F. Where more than two units exist within a building, the entire building shall have a principal number with an Auxiliary Official Address Number for each individual unit, unless it is more reasonable or practical to assign Official Address Numbers to each unit. G. The Administrative Official shall at his discretion, relinquish precedence of the specified grid system in cases where it would be more reasonable or practical to assign a street address based on a numbering systcm used by a municipality or subdivision. SECTION ELEVEN: PROCEDURE FOR CHANGING NON-CONFORMING ADDRESSES Where the existing building number does not conform to thc requirements provided for by this Ordinance, the Administrative Official shall provide a "Change of Address Notice" to the Owner of the building. A building number shall be considered non-conforming if it does not conform with the grid numbering system ~tablisbed by this Ordinance, if the number is out of sequence with other numbers on the street, or if an off or even number is on the wrong side of the Street. A. Public notification process when chaneine address for less than 10 properties: The Administrative Official shall mail a notice of the County's intent to change their address at least 30 days prior to sending the "Change of Address Notice". This notice shall be mailed by regular mail to the owner of each property. B. Public notification process when chanl~ing addresses for 10 properties: Words underlined are added; words e .......... ~.. are deleted ,'Change of Address Notice" being mailed. The location of the neighborhood information meeting should be reasonably convenient to those property_ owners who are required to receive notice and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Officiltl shall cause a display advertisement, in tvi~e no smaller than 12 _noint and said tsdvertisement shall not be 01aced in that ~rtion of the newspaper where legal notices and classified advertisements appear. The advertisement sha_ll state the pu _r0ose. location, and time of the meeting ~-_d shall be placed with a newspaper of general circulation in the coun _ty at least seven days _m/or to the neighborhood informatiorutl meeting. A "Change of Address Notice" shall contain the following: A. The correct address number, previous number and requirement that the property Owner or Occupant post the number in accordance with the requirements of this Ordinance within ninety (90) days from the date of the Notice. B. The name of the property Owner and legal description. C. The date of the Notice. A copy of the "Change of Address Notice" shall he kept on file in the Records/Addressing Section of the Collier County Building Review and Permitting Department and all the appropriate agencies shall be notified of the change. Within ninety (90) days from the date of the "Notice of Change of Address". the Owner or Occupant of the property shall conform the address number to the requirements of this Ordinance. SECTION TWELVE: DULY ADVERTISED PUBLIC HEARING TO RENAME A STREET Pursuant to Section 336.05, Florida Statutes, the Board of County Commissioners is authorized to rename streets and roadways in the unincorporated areas of the County after a duly advertised public hearing and only upon a super majority vote of at least four affirmative votes. However, State roads lying in the unincorporated areas of Collier County are numbered by the Florida Department ofTrausportation (FDOT). Public notification orocess when renamin~ streets or roadways: Thc Admini~ive Official shall conduct at least one neighborhood informational meeting. This meeting shall be held 30 days prior to the above public hearing. The location of the neighborhood inforrn~_)ion meeting should be reasonably convenient to those property owners affected by the renamin~ of the street or roadway and the facilities shall be of sufficient size to accommodate e _x0ected attendance. The Administrative Official shall cause a display adverti~ment, in ~ no smaller ~'h~n 12 point and said advertisement shall not be placed in that portion ofthe n~vspa_z~-r where legal notices and classified advertisements appear. The adverti~ment ~h.all ~zte the pu _r~ose. location, date. and time of the meeting and shall be placed with a newspaper of general circulation in the county at leas~ seven days prio, neighborhood informational meetin~ Words underlined are added; words ....... ,~ arc ~,elete~ APR 0 8 2003 SECTION THIRTEEN: MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS No street, development, building, or subdivision shall bear the same name or a similar sounding name as another development, building, subdivision or street in the incorporated or unincorporated area of Collier County, except in the following special conditions: A. The major street within a master planned community; subdivision or development may utilize the same name as the development. B. Registered franchise names. C. Identical building names and businesses owned by the same owner/entity and offering the identical service in different county locations. D. "Similar sounding" shall be determined using the following parameters: 1. Roadways with the same name and having only different prefixes/suffixes shall be allowed only in the same "master planned community" and such roads must be adjoining as well as continuous without breaks by canals or other geographic interruptions. Within these communities there shall be no more than three (3) uses of the same name with different suffixes, e.g., Marsh Drive, Marsh Way, Marsh Lane. 2. Only five (5) variations shall be permitted countywide for names beginning with the same word, e.g., Streets: Coconut Palm Drive, Coconut Cove Drive, Coconut Wind Drive, Coconut Sway Drive, Coconut Frond Drive; Projects and signs within Projects: Marsh Estates, Marsh Village, Marsh Pond Community, Marsh Walk, Marsh Strand. The use of the word "Naples" shall be the only exception to this condition. 3. Extreme caution must be taken to prohibit any possible similarity of building or project names along the same roadway. (Example: The Crossings and Crossroads on John Doe Boulevard) The Administrative Official shall monitor the naming of all streets, developments, buildings or subdivisions in order to eliminate duplications and avoid confusion. SECTION FOURTEEN: PROCEDURF.~ FOR PROJECT AND STREET NAMING At the time of subdivision plat or site development plan approval, street nmnes of both internal and external streets are assigned by the developer and reviewed by the Administrative Official prior to final approval of the subdivision or development plan. Developers should not proceed with printing and advertising activity that utilizes project and street names prior to final approval of such names by the Addressing Section of the Collier County Community Development and Environmental Services (CDES) P4m~h~S~- Operations Depaztment. The Addressing Section for the Collier County P!~':::.:'ng £:v.'ic:: CDES Operations Department shall review the name to avoid duplication and similarity of street names as regulated in Section t Thirteen ab°ve' The Addrea'~ing Secti°n als° has the resp°nsibility °f mainulning ~l-Imaps and assigningwordsStreetunderlinednumbers.are added; words a'..mck '..hr.~ggh are deleted['-ll APR~ '--I,~),,08120030 ,, SECTION FIFTEEN: A. PROCEDURES FOR STREET RENAMING Co Requests to rena~ne a street, both private and public, are made by submitting application to the Administrative Official A street can be renamed by ~':y one of thc following three methods: 1. Renaming Streets by Petition: a_.~. Applicant must first verify with the Addressin&?.::c.:~..: Section of the Collier County D..:~.~:.~ ~,~.a ...... .~ u .. CDES Operations Depamnent that the proposed stre~ name is not a duplication. b_. A petition si~ed of by PROPOSED: sixty .~y percent plus one of all of the property owners abutting the street to be renamed may be submitted to P~ the Administrative Official with the necessary application, site plan of the street to be renamed and a list of all property owners abutting the street to be renamed. PROPOSED: In the event that more than one property is owned by the same entity, each such property shall represent a separate signature, to be counted against the required percentage. The application shall include: (1) th._~e petitioner's name, address and telephone number~ (2) _a legal description or location of the streetl (3) th.~e present street namel and (4) th._~e reason for requesting name change. Applicable administrative fees in accordance with Fee Resolution No. 99-328 or its successor Resolution are required to be paid for the cost of notifying each abutting property owner ::q~.:.~.~ .~z:ifica~:.~ of the proposed street name change. 2. Renaming of Streets Where Duplicate Names Exist or One will be created because of changes to the Transportation System: a_. The .A.~4--':'.:'.'::':'.ra'.i;'e Offic~"~ Transportation Administrator or his designee :~! may submit an application to the Board of County Commissioners for a street name change where the public health, safety and general welfare would be affected ::a::'~.therebY. 3. Street Renaming by Board of County Commissioners: a_. The Board of County Commissioners may request a change of street name at any time after notice by publication and a oublic hearing. The Administrative Official shall determine whether the orooosed name is a du01icate of any existinz street name. Upon submittal of a public petition, application or request for street renaming, the Administrative Official shall determines if the proposed nm is in conflict with any existing street name and verffvi~ the ownership of the property owner(s) requesting the street name. In determining if the proposed name is in conffict with existing street names, and if the request involves a Transportation Proiect. the Administrative Official shall confer with the Transportation Administrator tO. reviews th._le name chan~e for duplication, assimilation, confusion .._... .... ..~u~ ~.~.. ....... a .-e~.::i'" v:ly repetition. Words underlined are added; words :,....::_v '~re'.:g~ are deleted APR 0 8 2003 D. Upon reasonable review of the petition, application or request cf ::=:: =nam: for the renaming of a street by the ^a~:.:o,~,;..~ ,~.~:.~, ,s.~ m.__:.~ e~-.:~ County staff will schedule a public hearing before the Board of County Commissioners, notify the property owners abutting the street of the proposed street name change, and make a recommendation to the County Manager's Office. E. Notification of a public hearing before the Board of County Commissioners shall be given to abutting property owners fifteen (15) days prior to the public hearing. After a duly adven/ised public hearing and upon thc Board of County Commissioners' approval, thc Administrative Official will notify all appropriate governmental agencies and property owners abutting the street being renamed. F. The Addressing Section has the responsibility of maintaining street address maps and assigning street numbers. SECTION SIXTEEN: PROVIDING STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS It shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by thc Director of the Transportation Operations Department. In the case of private streets, it shall be the responsibility of the petitioner to provide for the street sign(s) displaying the new name in accordance with the i*T~;+~,4 £t:t:.: D:pa:'t.m:nt ^~ Tra.n:pc:'tat:cn ,A. dm2n*.'?-'~-=t:.,n ~.2.£.D.O.T.F.H.W.A.) ".M=n'.:~2 cn Un'.'fc..-.. Tr2fi: Centre! D:;".':::." Collier County Land Development Code. SECTION SEVENTEEN: APPEAL PROCEDURE A. The Collier County Board of County Commissioners Ccd.: E::.fcr::m:nt Beard shall hear and decide appeals from the requirements of this Ordinance when there is a disagreement of an interpretation, requirement, or determination made by the Administrative Official in the enfomement of administration of this Ordinance. Such appeal shall be filed with the _n.c.'-~m:n: .... within ten Collier County Board of County Commissioners Ccd.: c (10) days of the disagreement, decision or determination and thc aggrieved person shall furnish a copy of such appeal to the Administrafivc Official. B. Thc applicable filing fcc in accordance with Fcc Resolution No. 99-328 or its succcssor resolution is required for each appeal. C. Any pcrson adversely affected by thc decision of thc Collier County Board of County Commissioner~ P-'~- -:=-.[::::: c ~ n~...~ may appeal such decision to thc Circuit Court, as provided by law. SECTION EIGHTEEN: ABROGATION AND GREATER RESTRICTIONS A. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes thc more string,mt restrictions shall prevail. In the interpretation and application of this Ordinance, all provisio~ considered as minimum requirements; (2) liberally construed in favor Words underlined are added; words stmc~~ are deleted thcl~vcming ~'~ APR 0 a 2003 body; and (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SECTION NINETEEN: WARNING AND DISCLAIMER OF LIABILITY The degree of protection required by this Ordinance is considered reasonable for regulatory purposes. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any damages that result from reliance on this Ordinance or any administralive decialon lawfully made thereunder. SECTION TWENTY: ENFORCEMENT AND PENALTIES A. Any person or entity who violates any provision of this Ordinance shall be punished as provided by law. B. In addition to the criminal penalties provided by law, power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION TWENTY.ONE: REPEAL Collier County Ordinance No. 97-9 is hereby repealed in its entirety. SECTION TWENTY-TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY-THREE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY-FOUR: EFFECTIVE DATE This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,20 . ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLfNTY COMMISSIONERS COIJYlaR COUNTY, FLORIDA Deputy Clerk By:. TOM HENN~G, Chairman Approved as to form and legal sufficiency: uc~fle Hubbard Robinson I . :'--{~-~"-"/J_~ [ stant County Attorney APR 0 8 2001 u.l Wo~ds underlined are added; words ~'~-.:ck '~r~.'--'g.h are dele :~ ' ~ENi-~~GN 2222 101 121 APR 0.8 2003 TM B MOBI F HOME~~IGN -2222 LOT 33 APR 0 8 2003 FRVA'IE DRME~ RANGE ~GNAGE BUilding Address I~nge ~"M~X_{ ~000. ZOOOd__--~,,~=,~SU,. GFOU',~ ~GN MAX I ,'"]GHT3' AB:DME G~ PUBLIC STREET APR 0 8 2003 EXECUTIVE SUMMARY APPOIN'I38ENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 3 members to serve 4-year terms, expiring on April 13, 2007, on the Environmental Advisory Council. CONSIDERATIONS: The Environmental Advisory Council bas 3 terms expiring on April 13, 2003. This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, managemem, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DR[), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members sbalt demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in ~e backup. The terms for Ed Carlson (Zoology & Wildlife Ecology), John Dowd (Chemistry/Water Treatment), and Micbael V. Sorrell (Owner Lawn Service) will expire on April 13, 2003. A press release was issued and resumes were received from the following 3 interested citizens: .APPLICANT CATEGORY DIST ELECTOR ADV. COMM. John (Ed) Carlson- re-appt. Zoology & Wildlife Ecology 5 Yes EAC, Lake Trafford, GGE Master Plan, & Land Acquisition M~c_haei V. Son'eil- re-appt. Owner Lawn Service 5 Yes EAC William W. Hughes Water Treatment & I-la:mrdous 4 Yes None Waste COMMITTEE RECOMMENDATION: All applicants are qualified; however, since this is a Quasi-Judicial committee - there will be no recommendation. NOTE: Section Five (D) of Ordinance 2001-55 states that "No person shall serve on more than two County Boards simultaneously. If application is made or service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board sball be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my records John Carlson currently serves on 4 committees. If Mr. Carlson is re-appointed the Board will bave to waive Section Five (D) of the ordinance. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Fi]son, Executive Manager Board of County Commissioners Agenda Date: APRIL 8, 2003 Memorandum To: From: Date: Subject: Sue Filson, Executive Manager, BCC Barbara Burgeson, Principal Environmental Specialist Environmental Services Department March 19, 2003 EAC applicants Environmental Services staff has reviewed the three applications for the three vacancies on the EAC. Two of the applicants, Ed Carlson and Michael Sorrell, are current members. They clearly qualify to continue to serve on the EAC, as technical members with expertise. They have been valuable members and we would support their reappointments. The third applicant also qualifies as a potential member with technical experience. William Hughes has experience in the field of water treatment and hazardous waste and could provide the EAC with a resource of knowledge regarding these environmental issues. He would be replacing Mr. Dowd who was also a technical member. C: William D. Lorenz, Jr., P.E., Environmental Services Department Director Environmental Services Department Community Development & Environmental Services Division Environmental Advisory Council [Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Erica Lynne 514-2968 676 110th Avenue North Naples, FL 34108 District: 2 Category: Technical-Ph.D. Engineering Ms. Alexandra Santoro 210 Riverwood Road Naples, FL 34114 District: 5 Category: Technical-Biologist 403-1858 793-7878 11/28/00 04/13/02 1.5 yrs 04/24/02 04/13/06 4 Years 04/11/00 04/13/04 4 Years Mr. Alfred F. Gal, Jr. 262-8000 09/12/00 82 North Barfield Drive 389-0479 03/13/01 Marco Island, FL 34145 District: 1 Category: Technical-Attorney; Energy & Env Studi 04/13/01 04/13/05 Mr. Kenneth K. Humiston 594-2021 324 Sharwood Drive 594-2030 Naples, FL 34110 District: 2 Category: Technical - Professional Engineer 04/24~2 04/13/06 Mr. Ed Carlson 348-9143 375 Sanctuary Road West Naples, FL 34120 District: 5 Category: Technical - Zoology & wildlife ecoi Mr. John Dowd 2999 Gardens Boulevard Naples, FL 34105 District: 4 Category: Chemistry/water treatment 261-4217 08/09/99 09/24/02 04/13/03 0~13~3 7 momhs 4 Yews 4 Years 4 Years 7 mo. [~'ednzsday, Stpttmber 25, 2002 .Page I of 2 Environmental Advisory Council }Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Lt. Col. Michael G. Coe 262-1818 4552 Eagle Key Circle 732-0625 Naples, FL 34112 District: 1 Category: Non-Technical-Economics & History 08/03/99 04/13/01 2 Years 03/13/01 04/13/05 4 Years Mr. Michael V. Son'ell 571-7781 1010 15th Street, S.W. 353-5932 Naples, FL 34117 District: 2 Category: Non-Technical - Owner Lawn Service 06/11/02 04/13/03 10 Mos. Mr. Thomas W. Sansbury 840 River Point Drive/t840 Naples, FL 34102 District: 4 Category: Technical - Mgmt. 403-6800 04/13/99 04/13/00 I Year 417-2053 04/I1/00 04/11/04 4 Years This 9 member committee was created on 01/27/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Critical State ConcemlSpecial Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. Quasi-Judicial Board; members must file a Form I Statement of financial Interests each year with the Supervisor of Elections. Terms are 4 years. FL STAT Staff.- Joe Schmitt, Community Development Administrator:. 403-2385 IVedngsday, September 25, 2002 Page 2 al2 MEMORANDUM DATE: February 10, 2003 TO: FROM: Elections Office ~. Sue Filson. Executive Manager ~],' Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County CommissiOners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let rne know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL John E. Carlson 3331 1a Avenue, N.W. Naples, FL 34120 Michael V. Sorrell 2335 Wilson Boulevard, N. Naples, FL 34120 William W. Hughes 4501 Rosea Ct. Naples, FL 34104 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: February 10, 2003 Joseph lC Schmitt, Community Development & Environmental Services Administrator Sue Filson, Executive Manager Board of County Commissioners Environmental Advisory Council As you know, we currently have 3 vacancies on the above-referenced advisory comafittee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John E. Carlson 3331 1a Avenue, N.W. Naples, FL 34120 Michael V. Sorrell 2335 Wilson Boulevard, N. Naples, FL 34120 William W. Hughes 4501 Rosea Ct. Naples, FL 34104 Please let me know, in writing within the 41 day time-flame, if the applicants meet the criteria to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments FEB. ?.~:~03 I~:IGPM MATIOMAL AUDUBO~ HO.GSa. P.1/1 Board of county Commissioners 3301 Em Taminmi Tra~ Naples, FL (941) 774-8097 Fax: (941) 774-~2 h ~ K, Application for Advisory C°mmittees/Boards are ton a ~te~d voter ~ Co~er Co~: Yes, ~ No Do you cnrrentty hold pubUc office? Yes If so, what is tlmt o~'e? Board of County Commissioners 3301 E~t T_s_mimni Trlfl N~pics, Fl. 34112 ?.4! ) F~x. (941) 774-3602 Application for Advisory Committees/Boards Home F~o.'. ~-2/ Zip Code: $ ~Y/,,~ e-mail address: Are you · registered voter ~u Comer County: Yes Do you currently bom public office? Yes No If so, wlmt L- thst efFsre? No X~ yeu uew serve, or Imve you ever set%~l, ~on ~a Collier Coaifl~ board or committee? Yes / If yes, please ~ the committees/bmrds:__/: ~ No PLease Iht yomc community activities (civic club. s, ucighborkood ass. ocbttious, etc. and positions hem: V"P ~11,'~ ~.,~,,~;s.,,,c.,., ,~ c,~zu,vr,'~ (./'~,'~' . Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: William W. Hughes Home Phone: 239-435-3923 Home Address: 4501 Roses_Ct. Naples, Fla. Zip Code: 34104 Fax No. Business Phone: 435-1188 e-mail address: Hughesco~earthlink Business Fergason Hughes Video Productions Board or Committee Applied for: Enviromental Advisory Panel Category (if applicable): Example: Commission Distriet, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? No If so, what is that off. e? Do you now serve, or have you ever served, on a Collier County board or committee: No If yes, please list the committees/boards Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Marco Island Chamber of Commerce, Naples Chamber of Commerce,_ Flamingo Estates Homeowners Assoc Education: AAS SUNY Morrisvilie Experience: National Technical Representative for Water Refining Company, Middletown, Ohio Technical Specialist, New York District for Betz Laboratories, Trevose, Pa. District Manager New York District, ChemTreat, Ashland,Va. Environmental Engineer, General Super Plate, E. Syracuse, New York Operations & Engineering Manager Culligan Water Treatment, Wynantskill, New York Please attack troy add'_~___~nwl informat~n you feel in~r&te~ Tkis ,applicm~on skmdd I~e ]'otwatded to Stte FHson, F_v. ectWlve Manager to tire Bo~rd of Coanty Commissioner~, $$01 Etm Ttmdsmi Trai~ Naples, FL 341 ! 2. lf you ~islk plem fax your app!t~_,.~t,m to (941) 774-$~02 or filson s 'om: ,ent: To: Subject: William Hughes [Hughesco@earthlink. net] Friday, January 24, 2003 3:28 PM Suefiison~colliergov.net Advisory Committee Dear Ms. Filson My name is William Hughes of 4501 Rosea Ct. Naples, Fla. Phone 435-3923. I am interested in the position of Environmental Advisory Council. I'm not sure if my experience would be of help. I have extensive experience in the field of water treatment and hazardous waste. My career included working for Betz Laboratories of Trevose, Pa. as a technical specialist in the heavy industrial water, cooling, and waste areas. I have been responsible for many of our nations heaviest industrial sites in the past. of such corporations as Miller Brewing, General Electric, I.B.M., Carrier, Chrysler, Singer Link, G.A.F., ect. New York District Manager for Chemtreat of Ashland, Va. Similar duties as with ~._Betz. have no political or financial interest at this time. What I do have is a great deal of experience in solving water related problems on a first hand basis. D~reas of professional certifications are: Boiler and cooling water chemistry Waste treatment operations Ion exchange technology De-ionization Technology Chemical Treatment and Filtration Technology Reverse Osmosis Technology I have an AAS from SUNY New York and rose through the ranks to National Recognition by producing results. I now live here in Naples and produce Video Documents. Please let me 'know if this type of experience can be of use. Sincerely William W. Hughes EXECUTIVE SUMMARY APPOINlBdENT OF MEMBER(S) TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD BY THE BOARD OF COLrNTY COMMISSIONERS AND THE CRA OBJECTIVE: To appoint 1 member to fulf'fll the remainder ora vacant term expiring on May 22, 2004, on the BayshoregGateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS: The Bayshore/Gateway Triangle Local Redevelopment Advisory Board was created by Resolution 2001-98 on March 27, 2001 to review the Redevelopment Plan, to make recommendations to the Community Redevelopment Agency, to receive input from members of the public interested in their respective component areas and to report such information to the Community Redevelopment Agency. Resumes will be accePted from all interested parties, including Bayshore residents, Gateway Triangle residents, Bayshore business owners, Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners, Bayshore MSTU representatives, and at large representatives who reside or engage in business tnt both in the BayshoredGateway Triangle Component Redevelopment Area. A person who "engages in business" means an individual owning real property or a b~iness, practicing: a profession or performing a service for compensation or serving, as an officer or director of a corporation or other business entity so engaged. Consideration will be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development, planning or design and building construction. Te,rms are 2 years. A list of the current membership is included in the backup. Ms. Deborah L. Russell (Bayshore Resident) resigned on December 3, 2002. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT Julian L.H. Stokes CATEGORY IEngages in Business in Bayshore Gateway Redevelopment Area DIST ELECTOR ADV. COMM. COMMITTEE RECOMMENDATION: No recommendation due to lack of quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners and the CRA consider the request for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 8, 2003 TO: FROM: DATE: SUBJECT: MEMORANDUM Sue Filson, Execmive Manager, Board of County Commissioners Thomas Tomerlin, Principal Planner March 18, 2003 Bayshorc/Gateway Triangle Local Redevelopment Advisory Board Vacancy Julian L.H. Stokes submitted an Application for appointment to the subject Advisory Board. Due to lack of a quorum, the Advisory Board has not been able to formulate a recommendation regarding this appointment. ~ For this particular vacancy, Bylaws extend consideration to a Bayshore resident. Although this particular applicant does not appear to be a Bayshore Resident, Mr. Stokes is nevertheless still eligible to serve on this Advisory Board. Attached is a matrix summarizing the applicant's qualifications based solely on what was provided in their application. Please feel fi~ee to call if you have any follow-up questions. Bayshore/Gateway Triangle Local Redevelopment Advisory Board Name Ms. Deborah L. Russell 2667 Lakeview Drive ~) J Naples, FL 34112 ~ District: 4 Category: Bayshore Resident Work Phone .4ppt'd ExF Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 417-0401 05/22/01 05/22/02 I Year 04/30/02 05/22/04 2 Years Mr. Chuck Gunther 2448 Bayside Street Naples, FL 34112 District: 4 Category: Gateway Resident/Business 774-6662 04/30/02 05/22/04 2 Years 774-6662 Mr. William C. Mears 3804 Clipper Cove Drive 774-7747 Naples, FL 34112 District: 4 Category: Bayshore Resident/At Large 04/30/02 05/22/04 2 Years Ms. Sharon D. King 3307 Dominion Drive Naples, FL 34112 District: 4 Category: Bayshore Business 777-3531 774-4176 05/22/01 05/22/03 2 Years Mr. Bill L. Neal 3839 Clipper Lane Naples, FL 34112 District: 4 Category: MSTU Member 774-6325 05/22/01 05/22/03 2 Years Mr. Ronald A. Fowle 774-4400 2595 E. Tamiami Trail Naples, FL 34112 District: 1 Category: Tamiami Trail Business Owner 06/26/01 05/22~3 2 Years Wednesday, September 11, 2002 Page 1 of 2 Bayshore/Gateway Triangle Local Redevelopment Advisory Board I~orh Phone Appt'd Extx Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Ronald DeFlavis ' ' 793-2221 09/10/02 05/22/03 8 months '~ P.O. Box 7041 213-0628 Naples, FL 34101 District: 4 Category: Davis Boulevard Business Owner On Mamh 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and 2000-83 establishing the Collier cOunty Community Redevelopment Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway Triangle and Immokalee) as areas in need of redevelopment. In addition, Resolution 2000-83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redevelopment plan. The CRA adopted Resolution 2001-98, whic~h included a set of bylaws for the BayshorelGateway Local Redevelopment Advisory Board. /~'-/"/,~. ~ -- ~ '-~ r~' FL STAT Staff: Tom Tomerlin, Principal Planner. 403-2300 t~'ednesdaT, September I I, 2002 Page 2 of 2 DATE: TO: FROM: MEMORANDUM January 13, 2003 Elections Office Sue Filson, Executive Manag Board of Co.unty Commissioners Voter Registration - Advisory Board Appointments The Board of County CommissiOners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me knorr if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE/GATEWAY TRIANGLE Julian L. H. Stokes 2262 Coach House Lane Naples, FL 34105 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: January 13, 2003 Tom Tomerlin, Principal Planner ~ ~ Sue Filson, Executive Manager~,~ Board of County Commissioner~/ · Bayshore/Gateway Triangle Local Redevelop Advisory Board As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Julian L. H. Stokes 2262 Coach House Lane Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive suramary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachn~nts Collier County Home ] BCC t Application for Advisory Committees/Boards Page 1 of 2 3301 East Tanusmi Trail Naples, FL ~4112 (1139) 774-~097 F~ (~9) 77~2 Application for Advisory Committee/Boards g..zample Cmmn~4(m District, ~r, e~v/nmmeatalist, lay per~ou, ~e. Are you a rellistered voter in Collier County: Yes Do you currently hold public office ? Yes If so, what is that offic~ .9 No 'Y"- No Do you now serve, or have you ever w. rved, on a Collier County board or Committee? Ifye~ pleaae tht the c~mmltteH/boar~: Yes No ~ 1 /14D.O~/~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY BY THE BOARD OF COUNTY COMMISSIONERS AND THE CRA OBJECTIVE: To appoint 7 members to serve 4 year terms, expiring on April 4, 2007 and 1 member to fulfill the remainder ora vacant term expiring on April 4, 2006, on the Immokalee Enterprise Zone Development Agency. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that.a committee consisting of a broad base of citizens be established. The committee has representation fi.om the Chamber of Commerce, financial or insurance entities, businesses operating within the~nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. The terms for Ira J. Malamut, Jerry Hubbart, Floyd Crews, Alan W. Neuman, H.B.(Benny) Sterling, Jr., John Kirchner and Dora Vidaurri expired on April 4, 2003. Lt. Mark W. Baker resigned on March 21, 2003. A press release was issued and resumes were received from the following 6 interested citizens. Code Enforcement and the Sheriff's Office submitted names representing Code Enforcement and Law Enforc6ment as follows: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Ira J. Malamut re-appt Non-profit Organization N/a N/a Immokalee EZDA Jerry Hubbart re-appt Business in Zone N/a N/a Immokalee EZDA Al Neuman re-appt Private Industry Council N/a N/a ImmokaleeEZDA John Kirchner re-appt Immokalee Chamber of Commerce 5 Yes lmmokalee EZDA H.B. "Benny" Starling, Jr. Business in Zone 5 Yes Immokalee EZDA re-appt Floyd Crews re-appt Resident/Business 5 Yes Immokalee EZDA Rick Torres Code Enforcement N/a N/a Code Enforcement Sgt. James Mansberger Law Enforcement (expiring 4/4/06) N/a N/a Sheriff's Department COMMITTEE RECOMMENDATION: No recommendation due to lack of quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County C~mmissioners and the CRA consider the requests for appointment, appoint 8 members, and direct the County Attorney to prepare a resolution confu'ming the appointments. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners APRIL 8, 2003 AGENDA ITEM APR 0 8 2-003 Pg. I - ~ar,2! 03 09:~8a Memorandum To: From: Sue Filson, Executive Manager Board of Coun .~;mm!ssioners Helene Caseltinq?C_EcD, Economic DeveLopment Manager Planning Services Department Date: March 21, 2003 Subject: Immokalee EZDA Appointments I received your memo listing those who were interested in serving on the Immokalee Enterprise Zone Development Agency (EZDA). Unfortunately, the EZDA did not meet during the month of February, and is not scheduled to meet until 3/26/03 - past the 41 -day period in which to respond with Advisory Board recommendations. Therefore, those members whose terms expire on 3/23/03 will not be "voting members" at the 3/26/03 meeting. And, since there were seven vacancies on our 13-member Board, that leaves only six voting members and not enough for a quorum at tim upcoming meeting to vote on a recommendation. However, since the only aPplications you r~ived for the six advertised positions were from existing members, I am confident our current EZI3A members would feel comfortable with them being re-appointed by the Commissioners and serving another term. The seventh position, for a Code Enforcement officer, was a recommendation made by Michellc Arnold, Director of thc Code Enforcement Department. (I believe I forwarded this name to you a few weeks ago: Mr. Rick Torres.) Please give me a call (or email) il'you have any questions - thanks for coordinating all this. /q~tc C: Raymond Holland, EZDA Chairman Randy Cohen, Manager, Community Redevelopmem Section, Planning Services Dept Aaron Blair, Community Redevelopment Section Planning Services Department- Communi~ Redevelopment S ph: 239/403-2398 fax: 239/213-2946 AGEND~ITL~M ;ct/l~. '1 ~ 0 8 2 33 pg. Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Fred N. Thomas, Jr. 1800 Farm Worker Way Immokalee, FL 34142 District: 5 Category: Non Profit Organization 04/04195 04/04/96 I Year 0911 !/01 04/04/05 4 Years Ms. Ann Olesky 6001 Lake Trafford Road Immokalee, FL 34142 District: 5 Category: Resident of Zone 657-2214 10/22/02 04/04/03 5 mos 657-2401 10/22/02 04/04/07 4 Years Mr. Ira J. Malamut 11990 Wedge Drive Ft. Myers, FL 33913 District: Category: Non-profit Organization Mr. Jerry Hubbart P.O. Box 267 Felda, FL 33930 District: Category: Business in Zone 658-3560 03/23/99 04/04/03 4 Years 658-3505 03/23/99 04/04/03 675-3747 Mr. Raymond T. Holland P.O. Box 5324 Imm°kalee, FL 34143 Distri~: 5 Category: Finanical Entity Ms. Cara Ayala 5720 Copper Leaf'Lane Naples, FL 34116 District: 3 Category: Local Business in the Zone 4 Years 657-3171 04/01/97 04/04/01 4 Years 6574568 09/11/01 04/04/05 4 Years l~ednmdayt, O~ober 25, 2002 348-7221 04/09/02 04/09/05 341~-6790 Page I of 3 3 Years AGENDA ITEM Pg. Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRemppt 2ndExpDate 2nd Term Mr. Floyd Crews P.O. Box 610 Immokalee, FL 34143 District: 5 Category: Resident/buSiness 657-2429 11/24/98 04/04/99 ~.-Y-ears 03/23/99 04/04/03 4 Years Mr. Alan W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 33919 District: 5' Category: Private Industry Council 481-8020 08/05/97 04/04/99 - 2 Years 03/23/99 04/04/03 4 Years Mr. Charlie Esquivel 703 Taylor Lane Lehigh, FL 33936 District: Category: Local Business in the Zone 825-3591 04/09/02 04/04/06 368-6827 Mr. H. B. (Benny) Starling, Jr. 657-3237 720 N. 15th Street 657-7797 Immokalee, FL 34142 District: 5 Category: Business in the Zo.ne.. _,~__- ,~-Hive Flowers Lt. Mark W. Baker fr~ ~":.~,~ 657-6166 112 South 1 st Street 5 ;~- ~ Immokalee, FL 34143 District: 5 Category: Local Law Enforcement Mr. John Kirchner 352-8575 3311 Golden Gate Boulevard, E. Naples, FL 34120 District: 5 Category: Immokalee Chamber of Commerce 4 Years 06/11/02 04/04/03 10 Mos. 04/09/02 04/04/06 4 Years 07/28/98 04/04/99 8 Momhs 03/23/99 04/04/03 4 Years Wednesday, October 23, 2002 Page 2 of 3 AGENDA ITEM Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateR~.~pt 2ndF_xpDate 2nd Term Ms. Dora Vidaurri 106 S. First Street, Suite 103 Immokalee, FL 34142 District: Category: Local Code Enforcement 657-2525 09/11/01 04/04/03 2 Years Ms. Denise Blanton 657-3306 14700 Immokalee Road Immokalee, FL 34120 District: 5 Category: non-voting ex-officio member 12/09/97 00/00/00 unlimited Mr. Tony Sanchez, Jr. 658-1313 506 South First Street Immokalee, FL 34142 District: 5 Category: Business/Minority/EX OFFICIO 12/14/99 This 13 member committee was created on Apdl 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL DepL of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit community-based organizations, local private industry council, local code enforcement agency, and local la~ enforcement agency. Amended by Ord. No. 97-81 Terms are 4 years. This committee also serves as the lmmokalee Redevelopment Board. F£ STilT 290.001 - 290.016 Staff: Helene Caselfine, Economic Development Manager, HUI: 403-2398 ~l/edn~day, October 23, 2002 Page $ of 3 MEMORANDUM DATE: February 10, 2003 TO: FROM: Elections Office Sue Filson, Executive Manage Board of County Commissionex~J RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IMMOKALEE EZDA COMMISSION DISTRICT Im J. Malamut 11990 Wedge Drive Fort Myers, FL 33913 Jerry Hubbart 500 6th Avenue LaBelle, FL 33935 A1 Neuman 8453 Brittania Drive Ft. Myers, FL 33912 John Kirchner 3311 Golden Gate Boulevard, E. Naples, FL 34102 H. B. "Benny" Starling, Jr. 720 N. 15t~ Street Immokalee, FL 34142 Floyd Crews P.O. Box 5157 Immokalee, FL 34143 Thank you for your help. AGENDA ri'EM NO. MEMORANDUM DATE: February 10, 2003 TO: FROM: Helene Caseltine, Economic Devel~lf~.ent Manager Sue Filson, Executive Manager~'~ ~ Board of County Commissioner~-' Immokalee Emerprise Zone Development Agency As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ira J. Malamut 11990 Wedge Drive Fort Myers, FL 33913 Jerry Hubbart 500 6ta Avenue LaBelle, FL 33935 A1 Neuman 8453 Brittania Drive Ft. Myers, FL 33912 John Kirchner 3311 Golden Gate Boulevard, E. Naples, FL 34102 H. B. "Benny" Starling, Jr. 720. N. 15~ Street Immokalee, FL 34142 Floyd Crews P.O. Box 5157 Immokalee, FL 34143 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time=frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ITEM A6F_..ND,,~ 0 8 2 03 ~2t.06/2003 11:45 9416583565 HUMAN RESOURCES DEPT PAGE 82 T~ R~ ~ 402 ~s~t WA~ ~, ]~, (~1)65,'L35~, .~ 97~.1560, F~ (941 February 6, 2002 Sue Filson, Executive Manager Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Re' Immokalee Enterprise Zone Development Agency Dear Ms. Fil$on: This letter is to inform you that I would like to be reappointed to serve on the above-referenced advisory committee. Attached is an updated application in consideration of another term. Sincerely. Senier Fisr.~l Officer enclosure AGENDA ITEM ~.?R ~ 8 2003 p~. AN ~:(]UAm. C~'ttJlalTY El,~n~. ~,bNL'eO IN PAra' '~ 0~/06/2003 11:45 941~583565 ~ RESOUR~S DEPT PAGE 83 Board of County Commissioners 33d)I. East Tamiami Trnii Naples, FL 34112 (941) 774-8097 gax.' (941) 774-3602 Application for Advisory Committees/Boards Fax No.~''~'f~T' 3~"'t ! Business Phone: Home Phone: Zip Code: e-mail address: Board or Committee Applied for: Category ~xnmplf: Cnmmisa~u Dialrict, Dt-~doptr, enviroumenr-lhk lay ptrnoa, t~c. Are you n registered voter in Collier County: Yes Do you currently hold public office? Yes No l.f ~L, what ia that oft=He? No Do yo~ now serve, or baNT ~nm eNTr Mrved, a~. Collier C~u~. boa rd _m' ~emqtiflee? Yes ~/ No Trye~ p~me t~ the ~mm~s:_t~0~ ~ ~ ~~ ~~ Please list your community activities (civic clubs, neighborhood a~s~ociation~ etc. and positions Education: Experience: 0'2t.06/2003 I1:45 HLI4A~ RESQL~S DEPT ti' ! 19cX} Wedgc: Drive < FOrt M~c:~, l~orlda .33913 :. Mr. Ira J. Malamut (941) 768-331 ] p,e~_..E 04 1994-Present Redlands Christian Migram Association ~enior Fiscal ~ Chief financial officcrJbusiness manager for child care sci'vices agency operating in 21 Florida counties. Responsible for overall financial, business and computer op~ragons of the agency. · Advise Executive Dilector on fiscal matters. · Prcscm financial statements and other fiscal matters to the Board of Directors. · Responsible for the prcpaxation, analysis a~d r~vicw of all budgets, financial reports, monthly financial stat~m~mts and rcconcilistio~ for all fund/ns sources, cash flow analyses and reports required by r~gulatory arid funding sources. · Assure adequate cost rate agreements. · Responsible lot the planning and preparation for the annual and othcr required audits and fiscal monitoring. · Develop and as,sure corn~liancc with internal conaol and ~ccounting policies and procedures. - R. csponsible for the iiscal monitoring of delegate agcncies and th~ provision of technical a~sistance, as.requirecL · Other duties include management of computer operations and supervision of a twenty person fiscal department, including direct supervision of the Director of Accounting,, Network AdminisUator and MIS Specialist. 1985-1993 Woodbine Nu~ing and Convalescent Center Assistant Admin~'trator for Fiscal Affairs Chief t~nancisl officer/controlle~ for 307 bcd skilled proprietary nursing facility. Responsible for accounting and f'uumcia,! operations of the nursing home. Member of manag~nent co,,.~itt~e having ov~all ~espons~ilit~, for the operation of the facility. Duties ii~clndcd cash management; financial analyses; prc-parat/on of budget~, financial s~terr~nts and repor~ n~nsg~mont of computer opo-ations; supervision of the accotmting dzpartme~ Selected, implemented and up~radcd computerized accounting system. M~-xnber of Virginia Health Car~ Association State Payment for Services Cou,,.dt~ dealing with statewide reimbursement issues. 1984-1985 Mcndelson & Mendelson, C~rflfied Public Accmm~nis Senior Accountant Performed audits, compilations and reviews for clients in a variety of bnsines.~s and i~dusuies. Prepared individual and corporatc mx returns. Analyzed and designed accounting syst~. Pr~psred tlnancial Sr~-,mtnlS. AGEI~ A?, {3 8 2003 , 02/06/2003 ~1:45 941BEB3565 HUHAN RESOURCES DEPT PAGE 85 1983-1984 South Shorc Hospital and Medical Center Assistant Administrator for Fiscal Affairs Finance director for 178 bed pr/yarc non-profit hospital. Rcsponsible for ~he financial operations of the hospital. Dut/es included superv/sion of thc accounting, billin§ and data processing dcpartm~nts; dcsign and implementation of accoun6ng controls aud procedures for physicians' private officers in a ten stor~ medical building; assessment of the ¢iTccts of new Medicare rcimbursemenl regular/ohs (DRG's) on the hospital; budgeting; prcp;mation of financial projections. 197[-1983 Rcgardie, Brooks & Lewis, Chartered, Certified Public Accountants Senior Accountant Responsible for all aspects of f'mancial audit cngagem6nts. Duties included scheduling reqttir~d personnel for audits; supervising and rcviewing the work of other staff' accountants; performing analytical reviews of operations; drafting fmanci~J statements; preparing state and federal tax returns. Other responsibilities includcd corporate and indiv/dual tax planning, and management advisory serviccs. A.B.A, 197 !, Benjamin Franklin UniversiW, Washington, D.C. Various courses and seminars for continuing professional education. References on request. AOEND,~ITEM NO.,c-/C_. '3, 8, // Jerry Hubbart 500 6a Avenue LaBelle, Florida 33935 863/675-7738 January 28, 2003 To The Collier County Board of Commissioners I thankyoufor giving me the opportunity to serve on the Immokalee EZDA/CRA Advisory Board. My current term expires on April 04, 2003. I feel that my knowledge of the Immokalee area combinedwith my experience serving on the above mentioned Boards will benefit the Immokalee area and Collier County. I would appreciate your consideration for my reappointment on the Immokalee EZDA/CRA Advisory Board. ,qFR ~ ~, ~v03 pg. / ;~----' Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Jerry~ Home Phone: Home Address: ~0 61~h Avenue_, La~_L~e, ~"~. Fax No. 239/6~f,-3~3 Business Phone: 239/6~-3~Y3 Zip Code: e-mall add ress.-~ubl~t'j ~:ac~. state, fi · u~ Business: L~okalee Sta~e Far.ers' Mat~.~et Board or Committee Applied for: T~x~<z~ee F~DA/C~A Adv:i_~ory ]Bce.rd Category (if applicable): .~k~i_nmsm operating ~:~thin the nc~a~-:~ Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes No If so, what is that office: Do you now serve, or have you ever served, on a Collier County board or committee? Yes Y No If yes, please list the committees/boards: T,~I~-~I ~:. ~'n~;~ 7r~ :q=,~,:,],,-,,,,,,,,~,t- Ao~,~, T~] ~,~ l,',,-.~] Re~lev&lop~nt Mvi~ory ~ --- ' ..... ' --~ ...... Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Experience: ~f) y~ ~x.~v~ ~n ~lnr~dn ~n,]h,m ]5 y.~r~ ~r~ ~n ~-1'~ T.-mr~]~ arm Please attack any addltional information you feel pertinett~ Tlds applicaffoa ckmdd be forwarded to Sine Filson, F_.zecstlre Manager to the Board of Cotmty Commissioners, $$01 East Tomhami Trai~ blapl~, FL $4 ! 12~ if you wisk, please fax yoer applicatioa to (941) 774-.;602 or e-mail to s~efdson(~'colliergov, ne~ ~ankyos~far ,~ to s~n,e the ,-a~_.m of CotFser County. Al Neuman, Executive Director Workforce Council of Southwest Florida, Inc. Lee County/Administrative Office 4150 Ford Street Ext., Fort Myers, Florida 33916 Tel: 239-939-4949 4, Fax: 239-939-0465 Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Janizary 28, 2003 .~oar~ o,~ Coun'c./ Co~ ~.~$ iot~er~ Dear Ms. Filson: I have been a member of the Immokalee EDZAJCRA Advisory Board for a number of years. As the Director of the Workforce Council of Southwest Florida, Inc., I have staff that currently provide employment and training-related services in the Immokalee One- Stop operation located at 750 South Fifth Street. Enclosed is my application for the Advisory Board. I do wish to continue on both above committees and hope I can continue to make a worthwhile contribution. If you have any questions, please contact me at your convenience. ~A1 Neum'ma-----~-~ - Executive Director Charlotte County 19500 Toledo Blade Blvd., Suite 90 Port Charlotte, Florida 33948 Tel: 941-613-1434 Fax: 941-613-1437 HendrylGlades Counties 215-B South Francisco Street P.O. Box 596, Clcwiston, Florida 33440 Tel: 863-983-6138 Fax: 863-983-7118 Collier County - Immokalee 750 South Fifth St.-et lmmokalee, Florida 34142 Tel: 239-658-3303 Fax: 239-658-3354 APR O 8 2003 Collier County - Naples 215 Airport-Pulling Road N., Suite 3 Naples, Florida 34104 Tel: 239-643-4324 Fax: 239-6434431 Name: A1 N~ re,mn Home Adding: 8/,53 Bri_C~ Dr. Ft. Myers,FL ' Fax No. 239-939-0645 Budness Phon~ 23~ B~: Workforce Council of Sout~t Flor/da, fb~ Phn~ 239-481-8020 ne, n.~ aOnot~,i l.c~ Boaxd or Conmfittee Applied fnr: Are lou a registexed voter in Collier Count~. Yes Do ~m-eurnmtlyhnld publk offi~? Ye~ NO If se, what is th~ot~e? No X Do you MW smve~oz im~ y~ueveTse~ved, eu~ ~om~r C~ui~botrdor commifMe? Yes X fyes, pl~Jeli~tl~¢onuui~esfooards: Trm~.l~l~ b~TIIA/CRA A~hri.qflry ~rd Plea~ ~ ~ur community ar~-ities (~igir clnbs, mi~borl~od z~ociatiom, et~. z~! posit/om Edatmdom BS in Business Administration - Ohio State University F_~peri~_mm 25 Ypmrs in Employment and Training-related activities in Sou~t Y!orida ...... 9'C_ - Jan-23-03 03:18P P.O1 COLLIER COUNTY AIRPORT AUTHORITY 2003 Mainsail Drive Naples, Florida 34114 (941) 642-7878 Fax (941) 394-3515 www.collierairports.com Mrs. Suc Filson, Executivc Manager Board o F County Commim~ioners 3301 Tamiami Trail East Naples, FL 34112 RE: lmmokalcc Entcrpri~;e Zone I)cvclopment Agctlcy Dear Mrs. I:ilson: 9'his letter is itl rt.'sponse to your letter dated Jmtuary i 7, 2~XJ3 regarding thc abovc rcl~rencc mattcr. have scrvcd on this committcc for the past 4 years and would likc to be considcrcd Ibr reappointmcnt. Enclosed you will 15nd my completed application. If you have any questions, please contact mc at 352-8575 Ccll 825-0471. Sincerely, John Kirchncr Airport Manager Enclosure JK/gdh ! I: 1-23-03 ImmtmrcrXx~t eAgjmcy Vii.nmi J ~'1,~ ~ E~m~a,ah~ Akpo~ ~ Fl..t4114 (94t) :~,0,~-3515 Fax AGENDA ITEM APR 0 8 2003 ,,/& la.O. Be~ r~9 6~ E.~ A~k (~) 6~.~ J~n-22-03 02:19P P.02 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941 ) 774-8~97 Fax; (941) 774-~3602 Application for Advisory Committecs/Boards Name: John ICi~"~chnel~- Home Phone: 3 ~ ~ Cale~o~ (ifappli~bl~): Example: Commb~ioa Oil~ic[, ~velo~r, eav~nmcnlalht, ~y ~a. tlc. Are you a reg~tered voter in Collier County: Yes ~ No Do you cu~en(~ hold public o~cc? Yes No ~ IfsK what Lq that o~e? ~, you n~ ~e, or have y~ ~erse~ ~ a Coflier Couoly b~rd w commi~ee? Yes . No If ye~ p~e ~t the commandos: Please l~t your communi~ actuaries (civic clubs, neighborhood assaciaiions, etc. and positions held: Education: ~pplic_~i_:on for ~dvisor~ Committees/Boards JAN 2 3 200~ Home AddresS: Collier County Board of Commissioners 3301 East Taxpi~miTrafl Naples, FL ~41) 774~0~7 Fax: ~41) 774-3602 z~ C. od= 3 V-/"/-> , Business: ~ ·/2~ ~-.. Boant or Com~aittee Applied for: Cate~ry (if applicable): Are ~uar~smmdvo~erin Com~ County: Yes ~/ No Do lmucurrmxtlylmldpubli: office? Yes No If so, wlmt is thato ftaee? ~o ~oumw sewe, orlun~ 3~ueve~sewed, ohs ~olbr Couflybo?dorcommJff~? Yes ~ ~P~ Please list ~ur coxmnunity activities (chric clubs, rmfg~horhood associations, etc. zrrl positiom ~: RESUME: H.B. "BENNY" STARLING, Jr. PROGRAMS: Member of Friendship Baptist Church Mentally Challenged Sunday School Teacher ("Friendship Buddies" Class) Immokalee Water/Sewer Commissioner Collier County Fair Member Member of Weed & Seed Program Immokalee Chamber of Commerce- Executive Director (4 yrs) Immokalee Community Development Corp Executive Director (3yrs) "A New Life" Executive Director (12 yrs) Immokalee Civic Association Immokalee Pop Warner Association- Member at Large Kiwanis International Member Immokalee Chamber of Commerce (30yrs) Immokalee Alliance Member D.R.I.L.L. Academy-First 2 Years with Faith Based Program Juvenile Justice System (Advisory Board for DJJS -Collier Co) Empowerment Alliance of Southwest Florida American Red Cross- Immokalee Volunteer Immokalee Impact Fee Task Force EZDA/CRA Advisory Board Member Foundation of Immokalee Child Care Center-Board Member New Beginnings Program-Volunteer 1).R.I.L.L. Advisory Board Collier County Sheriffs Department Complaint Panel II£M J~ ,?~ 03 02:09~ S~FSER¥SUPPLY 941G573511 p.2 Applic_~i:on for Advisor~ Committees/~OSrds , C°Ilier County'Bo~ of Commissioners 5301 East Tamiami Tl-dfl ' ~apins, ~., ~2 ~41) 774~7 F~ ~41) 774-3602 Eoanl or Connnittee Applied fbr: Aru~ua~mdvo,erinCollierCount~- Yes I./''/' No Do ~,~ ~tyeo~t ~. ~o~_ ~ v~_. .~=._.._No ~ Ifs~,vhttb thtof~e? ~/./~//~ I~-~ ~,~-/£r/~- ~ eunmaeezve, ozba~e yeueve~sezved, ona Co~Jer Coud~boaz~orco]muitt~? Yes 1/ ~b APR - MEMORANDUM DATE: April 2, 2003 TO: Jim Mudd, County Manager FROM: Tom Henning, Chairman Commissioner, District 3 SUBJECT: Code Enforcement Issue for April 8th BCC Agenda There is currently a proposed ordinance in the County Attorney's possession regarding addressing the abandoned shopping carts that are left throughout the Golden Gate Community. This is an ordinance that is requested by the Golden Gate Community to eliminate the numerous carts that litter their residential and commercial neighborhoods. I am requesting that you add this item to the BCC Agenda of April 8, 2003 for Board discussion, consideration and action. Thank you for addressing this last minute issue. Tom Henning, Chairman Commissioner, District 3 TH:mst APR - 2003 APR MEMORANDUM DATE: TO: FROM: SUBJECT: April 3, 2003 Jim Mudd, County Manager Tom Henning, Chairman Commissioner, District 3 Gulf Coast Skimmers Attached please find six pages of minutes from the Board of County Commissioners of September 10, 2002. The Agenda item is 10E and it is pertaining to the Gulf Coast Skimmers sign(s). I am requesting that you put this item on the Board's next agenda for the purpose of clarifying the previous directions to staff on the issues 'surrounding the Gulf Coast Skimmers sign(s). I would appreciate your asSistance in this matter. Thank you. Tom Henning, Chairman Commissioner, District 3 TH:mst attachment APR - 2003 03/28/2003 APR - ~ 2~:3 September 1 O, 2002 MR. SCHMITT: Integral is part of the Sugden Park sign as you can see this little section down here, this bottom piece. That was a sign that announces the Gulf Coast Skimmers. And naturally, that is not very easy to see. COMMISSIONER COYLE: How about the top part? MR. SCHMITr: The top part is the park sign. COMMISSIONER FIALA: What is above where it says Sugden? MR. GURSOY: It's a mural of egrets, snow egrets, sunset, some cattails. CHAIRMAN COLETTA: How about putting a skier on that. MR. SCHMITT: That's not up to me. That is something that I would have to refer to John Dunnuck. But as far as what you're recommending, is that we intergrate the sign into the Sugden Park sign., COMMISSIONER CARTER: In order for us to work that out today, perhaps you can look at the top part with Parks and Recreation and do an integration of the sign so that we would accomplish the goal, and not us micromanaging it. MR. SCHMITT: I mentioned that quite a while ago. Regrettably, when they did a lot of the leg work for the park and created this whole movement, it wasn't integrated as part of the park sign then. It's unfommate, because that's probably where the best place would have been. But this is all after the fact. Then there's a long history, as John can probably tell you about this sign. It was originally in another location.. It was moved because US 41 was widened. MR. MUDD: Commissioner, we can -- Jim Mudd. For the record. We can try to integrate that sign into the County sig~., if not, APR - Page 211 September 10, 2002 thatsign is on county property, maybe we can put something off0to the side of it. Whatever it takes, we'll try to take a look at that process. CHAIRMAN COLETTA: May I make one Suggestion too? Is that we come up with something as far as enforcing any rules against this sign for six months, at least. MR. SCHMITT: Commissioner, we've been putting this off for a long time - CHAIRMAN COLETTA: This time you have the blessing of the Commission to put it off. MR. SCHMYI~: Good. MR. MUDD: Sir, we've been at this for eight years, you know. A couple of months doesn't make a big deal. MR. SCHMITT: Specifically, John was trying to legalize what he has out there so we don't burden, anymore man hours on an issue that really is not that critical. CHAIRMAN COLETTA: So we're not spending any County money for variances? MR. SCHMITT: I would say if we're going to go this route, then the burden is going to be on the Skimmers to raise the funds and somehow we'll have to define who's going to pay for what, if we're, in fact, going to try to create a sign and put it on as part of the integral to the park sign. But there's a cost involved and we're going to have to figure out COMMISSIONER CARTER: Well, I think the ingenuity in this community might come to the rescue. We've got Sign0Cmtt. We've got a couple of other people who might be willing to work with Skimmers, as long as you can get that integrated, and when you get that intergrated, you can remove the one out here that takes away the headache, solves the problem. '-"q ~ APR - ~ 2OO3 Page 212 September 10, 2002 Now, we got to go back and deal with Blockbuster. MR. SCHMITT: I would say, I think that's a great suggestion from a standpoint of trying to get that property deeded to the Skimmers and then we can move fi.om there as to where we go from - - if, in fact, we want to put it on that location. But then, in fact, we got a significant piece of the variance process already in'place. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: Just t° summarize. Make sure we know where we're going. The Staff is going to look into putting -- integrating these two signs. MR. SCHMITT: Yes. COMMISSIONER COYLE: And we're also going to take action to see if FDOT will transfer ownership of their property to the Gulf Coast Skimmers or to Collier ,County. Will that work? MR. SCHMITT: What will happen is that -- COMMISSIONER COYLE: Then we could lease it to the Gulf Coast Skimmers, if we wish to do so; right. MR. SCHMITT: We have to figure out something some legal. But I know this has been quite awhile with the Skimmers working with FDOT and I know Senator Saunders has been involved in this, and that's news to me, I didn't know they were going to look to give that ProPerty to the County. COMMISSIONER COYLE: Well, if We. get into the process maybe we can move that along a little bit. CHAIRMAN COLETTA: Do we need this in the form of a motion or do we address it as a directive to Staff. COMMISSIONER FIAIJA: I just wanted to comment on what Commissioner Coyle just said. That is we have an NPO meet~,.g on Friday so we can bring it up before the NPO then. ~' CHAIRMAN COLETTA: Good-idea. AP}{- ~ 2~:3 Page 213 September 10, 2002 MR. MANALICH: Just for clarification, I assume by your comments that this all premised that the Board at this point or in the future is going to make a determination based on the record made by Senator Saunders that there's a public purpose in getting involved with this private entity for the reasons that Senator Saunders Outlined of the community, benefits and causes that have been served. So I'm just saying I assume that is part of the thinking process here. CHAIRMAN COLETTA: I would say so. Do you agree? COMMISSIONER CARTER: I would agree it's a public benefit; health, safety and welfare. MR. SCHMITT: I just need to point out that if, in fact, we secure that property or the Gulf Coast Skimmers secure that property fight here at Airport-Pulling Road and 41, the Blockbuster area, that there still will be a requirement to ,come in with a variance. We'll be down to one variance request. CHAIRMAN COLETTA: It's still -- one variance or two variances, it still comes from public fund's. That was one of the things I was trying to avoid by all this action we're taken.~ At that point in time, if they want to .come back, I have no problem with them coming back. But I don't think I'm going to change my opinion as far as using the public treasury 'to be able to underwrite the cost of a variance. I'll do everything elSe. I just can't see .spending that money. It opens that Pandora's box that we've'talking about. Commissioner Coyle. COMMISSIONER COYLE: I'll waive. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIAI.A: I'll waive too. CHAIRMAN COLETTA: Do you need to tell me what you're going to do with 10-E and -- APR - 8 2003 Page 214 ~ September 10, 2002 COMMISSIONER HENNING: Motion to approve Staffs direction or recommendation. MR. MUDD: In this particular case, the recommendation by the Staff is to move the funds out of the general fund for $4,000. CHAIRMAN COLETTA: No. MR. MUDD: That's what it says in the Executive Suman~. COMMISSIONER HENNING: I thought Staff was against it? MR. SCHMITT: Just to clarify, Commissioner, my recommendation was for it based on the gUidance from a previous Board. I was compelled to recommend approval based on the public record so that's why -- COMMISSIONER HENNING: I understand. I'll remove my motion. CHAIRMAN COLETTA: I'll, give it a try. I make a motion that we direct Staff to come up with a plan for using the sign at Sugden Regional Park to incorporate part of it in there for the water ski show, also move for them to work with FDOT to try to secure the land by Blockbusters so that we can work out something to accommodate the Skimmers. I'm not authorizing Staff to spend any funds for a variance at this time, but I also recommend that we grant them a six month extension for the signs that are akeady up while they work through this process of how they're going to handle it. COMMISSIONER HE--G: I'll secOnd that motion. And John, with that second, if we need to raise funds for a variance, we need to get involved. CHAIRMAN COLETTA: Yes, by all means. You can have a pie throwing contest of your favorite commissioners. volunteer Commissioner Henning. Page 215 And I'll APR - c, 2003 7 September 10, 2002 COMMISSIONER CARTER: Not my face, I don't care what you do. CHAIRMAN COLETTA: Any other comments? With that, we'll take a vote. All.' those in favor indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Thank you very much, John. Thank you, kids, we appreciate it. DIRECTIVE FROM GOVERNOR BUSH REGARDING STATE OF EMERGENCY TO ENSURE MAXIMUM CITIZEN PARTICIPATION IN THE ELECTION PROCESS Before we go to the next item, I have a directive I want to read from our Governor Bush. This is very important. "I hereby declare that based upon described certain conditions a State of Emergency exist. In order to ensure maximum citizen participation in the election process and to protect the integrity of the election process, for today's election all polling places in the State shall remain open for two hours beyond the regular scheduled closing time." This is because there's a number of different municipalities, counties that have also instituted, voting machines, new voting machines, new voting methods. They're nmning some difficulties handling the crowds that are there. I don't think this is tree in Collier County. So they will remain open until 9 o'clock. So that means instead of having to vacate this room at six, we have a littl~ more time. So talk slow and we'll go through everything with great detail. APR - ~ 2003 Page 216 ~ EXECUTIVE SUMMARY. o^.o cou. co ms..sjo.?,s o. PROVIDE ............ '~" "~'r~=R THE CODE FOR ILLUMINATED OPEN SIGNS PROPOSED NEW pl-;uw~vr~ AND FRONTAGE REQUIREMENTS FOR, FREE-STANDING SIGNS ~ To amend the current sign regulations to allow one illuminated sign noting the status of business operation to be installed inside the window of a business, pursuant to the specific direction of the Board given at the Workshop held January 29, 2003. Additionally, to consider modification of the sign code to add a variance provision for free-standing signs. CONSIDERATION'.. The last major revision to the Sign Code occurred on January 5, 2000, at Which time a provision was adopted that prohibits any illuminated sign, neon or otherwise, installed inside a business and intended to be seen from the outside. Since the adoption of that code the Board has heard comments from business owners concerning a fear that the public will not be aware a particular establishment is open for business unless an illuminated sign indicating that status is visible from the outside. During its workshop on January 29, 2003, the Board reviewed all the major changes to the sign code and provided staff input on those provisions/restrictions that needed to be revisited. More specifically, the Board directed staff to maintain the prohibition against neon-type signs consisting of e ×posed, gas-filled glass tubes that radiate direct light, in consideration of aesthetics and community character. Staff was asked to research other community codes and come back with a recommendation for other illumination sources for "OPEN" signs, at comparable cost to signs currently being utilized by local businesses. (see Exhibit A) The Board requested that the amendment language be limited to only "OPEN" signs, and not other copy or designs. Staff proposed the following language to the Development Services Advisory Committee (DSAC) who unanimously voted to approve of the proposal with the modification to allow neon-type lighting be included as an acceptable illumination source. The DSAC recommended the provision for neon apply to "OPEN" signs only. Staff recommendation: Amend Section 2.5.6. Signs exempt from permitting as follows: 2.5.6.22. One illuminated "OPEN" si n installed ms]de a business estabhshment ov]ded said si 1 is not illuminated usin ex sed as-filled lass tubin · 2 does not exceed 2.25 uare feet in size' 3 has a cabinet encl sed on all sides' and 4 includes a front anel that is clear or translucent. The onl allowable illumination source for said si is incandescen fluorescent halo en I Li ht EmiRin Diode or fiber tic li ht but the illumination source must not flash fade increase in bri mess or chane color. The described ' shall onl be illuminated durin hours that business is actuali o n to ublic. Nothin in this rovision is to be construed to allow a si that would otherwise be prohibited by this Code., Amend Section 2.5.7. Prohibited Signs as follows: APR 0.8 2003 2.5.7.30. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. Signs that comply with the provisions of Section 2.5.6.22. of this code are exempt from this section.: Assistant County Attorney Patrick White reviewed the proposed language, and has expressed uneasiness at the phraseology "OPEN" signs. He recommends that the language read: "One. illuminated ~'(?PE~?' sign indicating only the operational status at that time may be installed.. inside..." The proposed language will be presented to the Planning Commission and the Board at the following upcoming meetings: CCPC Wednesday, April 9, 2003, @ 5:05 p.m. CCPC Wednesday, April 30, 2003, @ 5:05 p.m. BCC Wednesday, May 21, 2003, @ 5:05 p.m. BCC Wednesday, June 18, 2003, @ 5:05 p.m. In the interim, staff received direction to consider modifying the code to add a variance provision for free-standing signs relating to the minimum amount of street frontage. The following language is being presented for discussion. 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. Single-occupancy parcels, shopl~ing centers, office complexes, business parks, or industrial parks having frontage of 100 to 149.9 feet on a public street, or combined public street frontage of 150 feet or more for comer lots, may aDolv for a variance to request a ground sign. All usual variance application fees will apply. If the Board of County Commissioners approves a variance, a ground sign may be erected upon issuance of a valid pe~-c, it subject to the following conditions: the ground sism shall I~ limited to 8 feet in hei~,ht, as measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uD_oermost portion of the sign structurel th~ maximum allowable sign area is 32 square feet: such si~n shall not be located close, than 10 feet from any vrooertv linel the si_c,n shall provide a solid pole cover no les, than 50 percent of the width of the sign, with architectural design features and coio~ cummon to those used for the main structure, lattice not being a sufficient pole Coverl ,~ minimum I00 square foot planting area shall be provid~ around the base of the sizn; all other uniform criteria and development standards for signs shall be metl thc :'---::~~ APR 0 8 2003 address for the building shall be displayed in numerals at least 6 inches high on the s_ign~ and no other free-standing or directional signs will be allowed on the same site. FISCAL IMPACT: There is no fiscal impact to Collier County. However, the proposed "open" sign provision will have a minimal fiscal impact to business owners as the proposed signs retail for approximately $100 - 150.00. The variance provision for ground signs is anticipated to have the following fiscal impact for business owners: $1,025 for the variance applicant, a permit fee of $128, plus any additional cost to modify or construct the ground sign. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Discussion item. The proposal may be presented to the Board at its upcoming LDC Hearing. Michelle Edwards Arnold Code Enforcement Director BY' ~~ Date: APPROVED ' ) eph Schmit/~Di~ision Administrator a ~Pmh~nity Development & Environment 1 Service EXECUTIVE SUMMARY TO PRESENT FINDINGS OF A SCHOOL ZONE SPEED REVIEW AND REQUEST BOARD DIRECTION TO TAKE AFFIRMATIVE ACTION TO BRING SCHOOL SPEED ZONES IN COLLIER COUNTY INTO COMPLIANCE WITH STATE GUIDELINES. OBJECTIVE: To provide the Board and the public with background information and data relative to the establishment of school speed zones and to request that staff be directed to bring Collier County school speed zones into compliance with Florida Department of Transportation (FDOT) guidelines, Florida Statutes and generally accepted engineering practice. CONSIDERATIONS: School speed zones (20 MPH speed zones in the vicinity of some elementary and middle schools) have been the subject of a number of recent inquiries to staffand are also of concern with respect to the consistent application of state requirements (Florida Statutes) and generally accepted engineering principles and guidelines (FDOT requirements). There are 25 school speed zones located in Collier County. Attachment No. 1 is a map depicting these locations. Members of the Traffic Operations staff reviewed all of these locations. Based on that review, a recommendation to remove six of these speed zones is being made at this time. Although the various school speed zones have been in place for varying numbers of years, a search of the Traffic Operations files indicates that there were a variety of reasons given for the establishment of these particular six school speed zones when they were initially implemented. The major issue appears to be a concern voiced by parents and school officials that the children would be in grave danger if the speed zone were not established. There is a Florida Statute (Chapter 234.021) that sets forth the conditions precedent to hazardous walking. In this statute, there are very specific issues and conditions that must be in place to constitute a hazardous walking condition and one that might lend itself to the creation of a school speed zone (20 MPH). These factors are: · The presence or absence ofwalkways parallel to the adjacent roadway. · The presence or absence ofwalkways perpendicular to the adjacent roadway · The posted speed limit on the adjacent roadway. · The traffic volumes on the adjacent roadway. · The presence or absence ofuniforme~ Trained crossing guards at an intersection. No._ IE) lb APR 8 8 2003 pg. Executive Summary Report to the Board on School Speed Zones Page 2 of 2 Attachment No. 2 is a listing of the 25 locations studied. It notes the adjacent street speed limit, the presence or absence of a sidewalk Or other walkway, the presence or absence of a traffic signal at the crossing location, the presence or absence of a school crossing guard at the intersection, and whether or not the location qualifies as a hazardous walking condition under the requirements of F.S. Ch. 234.021. Please note that none of the six locations requested for removal of the school speed zone reduced speed limit qualifies as a hazardous walking condition. In addition to the information set forth in the engineering report, the Sheriff's Office has been working with the Traffic Operations staff for a number of years to identify trouble spots that, if corrected, would ease traffic flow. In all of the cases cited for removal, there is no accommodation for SheriWs Deputy to pull errant motorists over to issue a citation. The practical result of this situation is that these locations are unenforceable. A number of road patrol deputies have voiced their frustration to Traffic Operations personnel over the years at the irony of having unenforceable regulatory speed zones in place and the attitude of general disrespect for legitimate traffic controls that this situation presents. Attachment No. 3 is a full copy of the referenced engineering report prepared by Steve Yu, P.E., Traffic Operations Engineer. FISCAL IMPACT: The costs for removal of pavement marking, advance warning signs, flashing beacons and other public notifications of the speed zones is estimated to be about - $350 per location for a total cost of about $2100. There will be an offsetting benefit as a result of the decrease in maintenance costs and electricity for the flashing beacons. Based on a renewal cycle of three to five years, it is estimated that over a 25-year period, about $30,000 will be saved in maintenance and energy costs. In addition, the cost savings to the public will be recognized in smoother traffic flow at peak hours and shorter trip times. GROWTH MANAGEMENT IMPACT: There is no growth management impact from this request. RECOMMENDATION.;,I'hat the Board acc~.t the in.fo/n~!ation offer and authorize staff to remove the six sohO/~d zone/~eat~~e attached engineering rep°rt' Edward J. Kale, P.E.,'~_ on Operations ~oirector / Robef~ W/T~pton, B.F_,gffraffic l~-xafions Manager . APPROVED BY: -~/~..q~/-~-~ Date: Norman [ .fFeder, AICP, Transportation Administrator Attachments: No. 1 -/[ap depicting 25 school speed zones reviewed No. 2 -(Condition list at 25 school speed zone locations No. 3 - Engineering Report -- AGE~,W~. ITIF~I. No,__' IIDL APR q)8 2O03 Pg._ 4~ COLLIER BLVD I.~ au A.LNnO~ mz a~l Pg. !'11 COLLIER COUNTY 20 MPH SCHOOL ZONE REVIEW # SCHOOL 20MPH SPEED SIDEWALK SIGNAL CROSSING TYPE HAZAROUS RECOM' NAME LOCATION LIMIT GUARD OF WALKING ENDAT~ MPH AREA CONDITION N I Avalon Thomason Dr. @ 30 Yes NO NO Residen YES To Be Elementary Sch. Entrance tial Maintained 2 Bethune S. 5' street 30 Yes No No YES To Be Elemenlar~ Maintained 3 East Naples Estey Ave. 25 Yes No NO Residen YES To Be Middle rial Maintained 4 East Naples Lakewood 25 Yes No No Residen Yes To Be MiAdir rial Maintained 5 Gok~a Gate 20 PI S W 25 Yes No Yes Residen Yes To Be Ekmen~ tial Maintained 6 Golden Gate 49* Stre~ 25 Yes No Yes Residen Yes To Be Elementary rial Maintained 7 Golden Gate 20 PI SW 25 Yes No Yes Residen Yes To Be Middle SCH rial Maintained 8 Big Cypress Golden Gate Blvd. 45 Yes Yes Yes No To Be Elementary @ School. Removed Entrance 9 Golden Golden Gate Pkwy 35 Yes Yes Yes Busines No To Be Terrace ~ 44a St. SW s Removed Elementary 10 Gulf view 5' Ave. N. 30 Yes Yes Yes City's Area Middle School To Be Maintained 11 Highlands Lake Trafford Rd. 45 Yes No No Yes To Be Elementary Maintained 12 Immokalee Escambia St. @ 30 Yes g-way Yes Residen Yes To Be Middle School lnu~nka!~e Dr. stop tial Maintained 13 Inunokalee N. 9' Street O 30 Yes a-way Yes Residen Yes To Be Middle School School Entrance stop tial Maintained 14 Lake Park Goodlette @ 14' 45 Yes Yes Yes Busines No To "' Elermm~ary Ave. N s Remove 15 Lake Trafford Lake Trafford 45 Yes Yes No Residen Yes To _ Elementary Rd.@ Sch tial Maintained Entrance 16 Lake Trafford N. 19' Street 30 Yes No No Residen Yes To Be Elementary tial Maintained 17 Naples High Goodlette @ 22nd 25 Yes Yes No Residen City's Area School Ave. rial 18 Naples Park I 11' Ave. @ 35 Yes No Yes Re~iden Yes To Be Elemcn!ary School Entnmce tial Maintained 19 Corkscrew Oil well @ Sch 45 Yes . yes Yes Residen No To Be Elem/Middle Entrance tial Removed 20 Pelican Marsh Airport @ School 45 Yes Yes Yes No To Be Elementary EnUance Removed 21 Pinecrest S. 9~ St. O School 30 Yes No No Yes To Be Elernenta~ Maintained 22 Poincianna Airport School 45 Yes Yes No Crossing No To Be ~!ementar~ Entrance Removed 23 Seagate Seagate $ West 35 Yes Yes No Residen Yes To Be Elementar~ Blvd. rial Maintained 24 Shadow lawn Shadow lawn Dr. 25 Yes No No Residen Yes To Be Elementary rial Maintained 25 Vineyards Vineyards Blvd. ~ 35 Yes No Yes Residen Yes To Be Elementary Sch Enlrance rial Maintained [¢'i'TACHMENT NO. Z AGE / OF / AGENDA,.i,TEM ~ APR 0 8 2003 [_Pg- To: From: C.G.: Date: Subject: Memorandum Robert W. 'lipton, P.E., Traffic Operations Manager Steve Yu, P.E., Traffic Operations Engineer Edward J. Kant, P.E., Transportation Operations Department Director January 15, 2003 School Zone Review A review of all Collier County school zones has been conducted recently. This review includes field inspections as well as utilizing various federal, state and county regulations, including the Florida Statutes. By review of the characteristics of traffic volumes, speed limits, sidewalks, curbs, traffic signals, school crossing guards and hazardous walk conditions, a table of school zone review has been generated and attached to the report. It is found that out of the total of twenty-five 20MPH School Zone speed reduction sites, the majority (19 sites) of them are appropriately located and functioned well but the following six 20 MPH speed reduction sites are not necessary based on the review: 1. Big Cypress Elementary .... 20 MPH speed reduction zone located on Golden Gate Blvd. @ School Entrance 2. Golden Terrace Elementary--- 20 MPH speed reduction zone located on. Golden Gate Pkwy @ 44th Street S.W. 3. Lake Park Elementary --- 20 MPH speed reduction zone located on Goodlette Rd @ 14th Ave. N. 4. Corkscrew Elementary/Middle School --- 20 MPH school zone speed reduction located on Oil Well Rd. @ school entrance 5. Pelican Marsh Elementary --- 20 MPH speed reduction zone located on Airport Rd. @ school entrance. 6. Poincianna Elementary --- 20 MPH speed reduction zone located on Airport Rd. @ School entrance. Florida Statutes Chapter 234.021 sets forth the definitions and guidelines for Hazardous Walking Condition. A copy of the appropriate statutes is included in the'appendix to this report. The major features considered in the Statute are: a) Walkways parallel to the adjacent roadway (sidewalks). b) Walkways perpendicular to the roadway (crossings). c) Speed limit posted on the adjacent roadways. d) Traffic volumes on the adjacent roadways. e) Presence or absence of crossing guards. Transportation Sen/ices D/vls~i"T CHMENI NO Transportation Operations Depar~?~ / Traffic Operations Section ~ t'Rt~r. - 0 8 2003t APR / .OF ': Analysis: For the above six school zones: (a) Walkways parallel to the road (sidewalks): The above listed (1-6) school zones are located on major roadways with posted speed limit of 45MPH. They all have sidewalks, which are 4 feet wide or more. All the sidewalks are either curbed or set off the adjacent roadway by more than 3 feet. Based on the definition of HAZARDOUS WALKING CONDITIONS - (a) WALKWAY PARALLEL TO THE ROAD from the Florida Statutes Chapter 234.021, the above (1-6) listed school zone sites are not considered as having hazardous walking conditions. (b) Walkways perpendicular to the road (street crossing): It is found that the major roads for the above six schools all have a traffic volume of more than 360 vehicles per hour, per direction, but less than 4000 vehicles during the time students walk to and from school. In addition, all crossing sites are signalized. By field observation, it is also found that all minor roads connecting to the listed school zones have a traffic volume of less than 360 vehicles per hour, per direction. Therefore, not warranted for Hazardous Walk Condition for the street crossing. Attached are a copy of SCHOOL ZONE REVIEW TABLE, a copy of Florida Statutes Chapter 234.021, a copy of FDOT document regarding school zones, crash diagrams, six school's GIS location maps and school zone pictures for your review. Conclusion: The above (1-6) listed 20MPH school speed reduction zones do not qualify as hazardous walking conditions. An unnecessary speed reduction zone tends to lessen respect for controls that are warranted and may cause traffic congestion and therefore harm the efficiency and safety of the roadway system. Recommendation: It is my recommendation to eliminate the above six 20 MPH Speed Reduction Zones while keeping the rest of the school zones unchanged for Collier County. AGENDA ITEM .o._. _LO APR 0 8 2003 Pg. ATTACHMENT NO. PAGE OF Transportation Services Division Transportation Operations Department Traffic Operations Section Approved: Thomas F. Barry, Jr., P.E. Secretary Effective: March 23, 2001 Office: Traffic Engineering Topic No.: 750-010-027-g ESTABLISHING SCHOOL ZONES AND SCHOOL CROSSINGS PURPOSE: To define the criteria and standards to be used in establishing school zones and school crossings on the State Highway System roadways that surround schools, both public and private. AUTHORITY: Sections 316.75,_316.1895, 318.21,234.01,234.021,235.19, and 335.10, F.S. Rule 14-15.010, F.A.C., Manual on Uniform Traffic Control Devices (MUTCD). SCOPE: Offices affected by this procedure are State Traffic Engineering, District Traffic Operations, Roadway Design, Maintenance, and State and District Safety offices. REFERENCES: Florida School Crossing Guard Guidelines: Available from the Florida Department of Transportation, Safety Office, 605 Suwannee Street, M.S. 82, Tallahassee, FL, 32399- 0450. Home to School Transportation Study: This study is published by and available from the Florida Department of Transportation, Safety Office, 605 Suwannee Street, M.S. 82, Tallahassee, FL, 32399-0450. Roadway and Traffic Design Standards: These standards are published by Department's Roadway Design Office and is available from the Florida Department of Transportation, Maps and Publications, 605 Suwannee Street, M.S. 12, Tallahassee, FL, 32399-0450. School Trip Safety Program Guidelines: Institute of Traffic Engineers (ITE). ATTACHMENT NO. '~ PAGE .~ OF / ~' AGENDA APR 0 8 2003 750-010-027-g Page 2 of 6 Traffic Regulation Approval Process, Topic No. 750-010-011. DEFINITIONS: School Area. Those streets and highways abutting the grounds of an active educational institution that includes school property. Only streets and highways that surround a school are included in the school area. School Zone. That portion of a street or highway located within a school area that is subject to a reduced speed limit at certain times of the day. A school zone is normally adjacent to the school property and may be established at other locations when justified by an engineering study. School zones are not to be applied in a blanket manner for all streets and highways within a school area. School Crossing. A designated official school student crossing on an adopted school walk route plan of a school safety program. Any crossing not so officially designated is termed a "pedestrian crossing." GENERAL: Traffic control in school areas is a sensitive subject. Responses to parental and political demands for more protection should be consistent with actual needs. Analysis has shown that at many locations, the traffic controls requested are unnecessary, costly, and tend to lessen respect for controls that are warranted. Regardless of the school location, safe and effective traffic control can best .be obtained through uniform application of realistic policies, practices, and standards developed through engineering studies. Several sections of the Flodda Statutes cover school areas and school zones. Sections 234.01 and 234.021, F.S. deal with hazardous walking conditions and establish criteda to determine if children who live within the normal non-busing area should be bused. Section 235.19, F.S. r~quires an annual review by local school boards of traffic contro-I-~-d-~atety device needs at school sites and necessary changes indicated by such review. Section 316.1895, F.S. establishes responsibility for maintenance and inspectio~-~lr~hool zones, standards for school zone signs and traffic control devices, and related requirements. Section 316.75, F.S. deals with the Department adopting uniform guidelines for the training of school crossing guards. Section 318.21, F.S. authorizes the funding of a school crossing guard program in a county or municipality with proceeds from traffic violations. Section 335.10, F.S. is the authority for the traffic regulation approval process. The Department's Home to School Transportation Stud]/covers Florida guidelines AGatha, IT.~M No. , ATTACHMENT NO. '~ PAGE "f' 0F ../~ APR 0 8 2083 750-010-027-g Page 3 of 6 containing suggested policies and procedures. ITE's School Trip Safety Program Guidelines provide guidelines for developing a school route plan, conducting an engineering study at a school location, and selecting the standard devices consistent with Part 7 of the MUTCD and the Department's Roadway and Traffic Design Standards. The Department's Florida School Crossing Guard Guidelines cover the administrative overview and mandatory training guidelines for the state's School Crossing Guard Programs. 1. ELIGIBLE SCHOOL ZONE LOCATIONS 1.1 1.2 Only public or private elementary, middle schools (jr. high), or federally funded Headstart facilities providing a full-time educational program are eligible for the markings, signs, and other traffic control devices referenced in Section 4.1. Except as noted in Section '~.'/, other educational institutions and facilities ara not eligible for the traffic control devices referenced in Section 4.1. These include universities, vocational technical schools, junior colleges, community colleges, nursery schools, high schools, and day care schools. These institutions may be considered for other types of traffic control devices such as pedestrian crossing signs or warning signs for a playground or driveway entrance. Traffic control devices are not normally needed at a high school, but when special circumstances occur, they should be addressed on a case-by-case basis, only used when needed, and justified by an engineering study. 2. SCHOOL ZONE SPEED REGULATIONS 2.1 As stated in Section 316.1895(5), F.S. "A school zone speed limit may not be less than 15 miles per hour except by local regulation. No school zone speed limit shall be more than 20 miles per hour in an urbanized area, as defined in Section 334.03, F.S. The speed selected in rural areas may vary from 15 mph upward to the posted speed. Such speed limit may be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a regularly scheduled school session and leaving a regularly scheduled school session." 2.2 School zone speeds are selected on the basis of an engineering analysis of the specific site. The analysis should include a vehicle spot speed study and a pedestrian group size study. Also, a vehicle gap size study should be done to document the length of time needed for adequate gaps in traffic and the number ATTACHMENT NO. 5 OF AGEND~,JTEM ~"'~ APR 0 8 2003 pg. Ot 2.3 2.4 3.1 3.2 3.3 3.4 750-010-027-g Page 4 of 6 of adequate gaps occurring when children are present at the crossing under review. When school speed zones are warranted, a speed regulation should be established in accordance with the Traffic Regulation Approval Process, Topic Number 750-010.011. Upon a request from_local government, a reduced speed zone may be used at school crossings at signalized intersections at locations adjacent to or near school property. SCHOOL AREA, ZONE, AND CROSSING STUDY RESPONSIBILITIES Florida law places the basic responsibility for school site planning and an annual review of school sites for proper traffic control and safety devices with each local school board in cooperation with the appropriate municipal, county, regional, or state agencies. Before the start of the school year local agencies should arrange for an annual inspection, by an appropriate expert in traffic control, of school zones under their jurisdiction by an appropriate expert in traffic control. This should be a representative of the city or county engineering department who fully understands Florida Department of Transportation standards for signing and pavement markings for school zones. Upon the request of a school district representative or school principal, the District Traffic Operations Engineer or his designee shall assist the school board and local officials in the determination of adequate traffic controls for school sites, areas, zones or crossings involving routes on the State Highway System. Such assistance should include, where appropriate, a site-specific engineering study. Such a study should be contingent upon inclusion of the site on an approved School Route Plan. When School Route Plans, engineering studies, or investigation of hazardous walking conditions indicate needed improvements on the State Highway System, the District Traffic Operations Engineer shall make or request of the appropriate authority, the needed improvements in a timely fashion. ,As stated in Section 316.1895(2), local govemment shall request signing for the federally funded Headstart facilities. 1 ATTACHMENT NO. 3 / PAGE ~ OF /"~ / APR 0 8 2003 eg. I0 s 4.2 4.3 750-010-027'g Page 5 of 6 IMPLEMENTATION The design, application, and installation of traffic control devices in school areas, zones, and crossings shall comply with the Department's Roadway and Traffic Design Standards, Index 17344. The typical application of signs, markings, and signals contained therein must comply with the MUTCD. In identifying school zone times in rural areas, where approach speeds are higher, flashing beacons should be used to increase the conspicuity of school zones. The provisions of Section 316.1895(6), F.S., notwithstanding, portable signs designating school zones, school zone speed limits, or school crossings are specifically prohibited (MUTCD). In lieu of portable signs, school officials may use only approved 28-inch fluorescent lime traffic cones or 28-inch school zone vertical panels within the roadway, during approved school hours, when the need to emphasize a school zone or school crossing exists. These devices shall be placed in both directions on the centerline at the advance school zone crossing sign when accentuation is needed. On multilane divided roadways, these devices may be placed on each lane line of the school zone or school crossing. The legend "SCHOOL" may be printed on the cone in four inch black vertical lettering. In accordance with Section 6F.56 of the MUTCD, traffic cones used for the above purpose must contain a white retroreflective collar, six inches high, or have an equivalent retroreflective area permanently affixed to the top of the cone. Local school boards may continue using 28-inch orange cones until July 1, 2005. For additional information on the 28-inch fluorescent lime cones or school zone vertical panels, contact the State Traffic Engineering Office at (850) 488-4284. School speed zones should be kept as short as practical and should not necessarily extend along the entire highway frontage of the school property. They should only be used where students are crossing or are in close proximity to the roadway. If, however, schools are located such that reduced speed zones for each school appear to run together, with less than 300 feet of separation between reduced speed zones, one longer school zone may be used. Under this option the times would probably be extended, but motorist confusion would be minimized. 4.4 School zones and signalized intersections should be independently justified control techniques, and the use of one neither requires nor precludes use of the ATTACHMENT NO.. PAGE '~ OF AGENn~{TEla APR I)S 21 3 4.5 0 750-010-027-g Page 6 of 6 other. When a school Crossing is warranted, it should be located at a signalized intersection whenever possible. However, all traffic control signal installations must meet one or more of the MUTCD's signal warrants. A school zone should not be established simply because a signalized intersection exists near a school. When a school crossing is located at a signalized intersection, the traffic engineer should determine if traffic movement restrictions are needed. Permissive left tums may be restricted dudng school zone operating hours and right-turn-on-md may have to be disallowed at some intersections. Field observations of all such crossings are recommended. School zones shall be maintained by the respective agency having jurisdiction per Section 316.1895, F.S. Maintenance and replacement of traffic control devices shall be done in a timely manner. TRAINING: w None required. FORMS ACCESS: None required. ATTACHMENT NO. ,.~ PAGE ~' OF /4 APR I] 8 28O3 Page 1 of 2 flsenate.gov View Statutes Select Year: 12-°°1 ........ n ~rs .............. Search Statutes Constitution Laws of Florida Order The 2001 Florida Statutes Title XVl ~ View Entire Cha_oter Education Transportation Of School Children 234.021 Hazardous walki_ng conditions.-- (1) DEFINITION.--As used in this section, "student" means any public elementary school student whose grade level does not exceed grade 6. (2) IDENTIFICATION.-- (a) When a request for review is made to the district superintendent of schools or the district superintendent's designee concerning a condition perceived to be hazardous to students in that district who live within the 2-mile limit and who walk to school, such condition shall be inspected by a representative of the school district, a representative of the county sheriff, a representative of the local safety council, if a safety council exists in the county, and a representative of the local governmental entity where the perceived hazardous condition exists. If any of such representatives determines that a condition is hazardous to such students according to the guidelines established by subsection (3) or based upon his or her findings upon inspection, he or she shall report to the Department of Education with respect thereto. Upon a determination that a condition is hazardous to such students, the district school board shall request a determination from the state or local governmental entity having jurisdiction regarding whether the hazard will be corrected and, if so, regarding a projected completion date. State funds shall be allocated for the transportation of students subjected to such hazards, provided that such funding shall cease upon correction of the hazard or upon the projected completion date, whichever occurs first. (b) It is intended that district school boards and local governmental entities work cooperatively to identify conditions which are hazardous to students who must walk to school. It is further intended that state or local governmental entities having jurisdiction correct such hazardous conditions within a reasonable period of time. (3) GUIDELINES FOR DETERMINING HAZARDOUS WALKING CONDITIONS.-- (a) Walkways parallel to the road.-- 1. It shall be considered a hazardous walking condition with respect to any road along which students must walk in order to walk to and from school if there is not an area at least 4 feet wide adjacent to the road, having a surface upon which students may walk without being required to walk on the road surface. In addition, whenever the road along which students must walk is uncurbed and has a posted speed limit of 55 miles per hour, the area as described above for students to walk upon shall be set off the road by no less than 3 feet from the edge of the road. 2. The provisions of subparagraph 1. do not apply when the road'along which students must walk: Is in a residential area which has little or no transient traffic; Is a road on which the volume of traffic is less than 180 vehicles per hour, per direct - f' No. ~-~ )n, du~ing APR 0 8 2003 Page 2 of 2 the time students walk to and from school; or c. Is located in a residentia area and has a posted speed limit of 30 miles per hour or less. (b) Walkways perpendicular to the road.--]t shall be considered a hazardous walking condition with respect to any road across which students must walk in order to walk to and from school: 1. If the traffic volume on such road exceeds the rate of 360 vehicles per hour, per direction (including all lanes), during the time students walk to and from school and if the crossing site is uncontrolled. For purposes of this subsection, an "uncontrolled crossing site" is defined as an intersection or other designated crossing site where no crossing guard, traffic enforcement officer, or stop sign or other traffic control signal is present during the times students walk to and from school. 2. If the total traffic volume on such road exceeds 4,000 vehicles per hour through an intersection or other crossing site controlled by a stop sign or other traffic control signal, unless crossing guards o.r other traffic enforcement officers are also present during the times students walk to and from school. Traffic volume shall be determined by the most current traffic engineering study conducted by a state or local governmental agency. History.--s. 2, ch. 81-254; s. 1296, ch. 95-147; s. 27, ch. 2000-235. Welcome · Session · Committee~ · Senators'· Information Center · Statutes and Constitutiorl · Lobbyist information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2002 State of Florida. Contact us. Privacy Statement ATTACHMENT NO. PAGE /c, OF AG ENp~_?T~U No. L.L~_ f ~. APR 0 8 2003 Pg. )~ Page 1 of 2 flsenate.gov View Statutes Select Year: 12001 Search Statutes Constitution Laws of Florida Order The 2001 Florida Statutes Title XVZ ~ Education Educational Facilities 235.19 Site planning and selection.-- View Entire Chapter (1) Before acquiring property for sites, each board shall determine the location of proposed educational centers or campuses for the board. In making this determination, the board shall consider existing and anticipated site needs and the most economical and practicable locations of sites. The board shall coordinate with the long-range or comprehensive plans of local, regional, and state governmental agencies to assure the compatibility of such plans with site planning. Boards are encouraged to locate schools proximate to urban residential areas to the extent possible, and shall seek to collocate schools with other public facilities, such as parks, libraries, and community centers, to the extent possible. (2) Each new site selected must be adequate in size to meet the educational needs of the students to be served on that site by the original educational facility or future expansions of the facility through renovation or the addition of relocatables. The Commissioner of Education shall prescribe by rule recommended sizes for new sites according to categories of students to be housed and other appropriate factors determined by the commissioner. Less-than-recommended site sizes are allowed if the board, by a two-thirds majority, recommends such a site and finds that it can provide an appropriate and equitable educational program on the site. (3) Sites recommended for purchase, or purchased, in accordance with chapter 230 or chapter 240 must meet standards prescribed therein and such supplementary standards as the commissioner prescribes to promote the educational interests of the students. Each site must be well drained and suitable for outdoor educational purposes as appropriate for the educational program. As provided in s. 333.03, the site must not be located within any path of flight approach of any airport. Insofar as is practicable, the site must not adjoin a right-of-way of any railroad or through highway and must not be adjacent to any factory or other property from which noise, odors, or other disturbances, or at which conditions, would be likely to interfere with the educational program. (4) It shall be the responsibility of the board to provide adequate notice to appropriate municipal, county, regional, and state governmental agencies for requested traffic control and safety devices so they can be installed and operating prior to the first day of classes or to satisfy Itself that every reasonable effort has been made in sufficient time to secure the installation and operation of such necessary devices prior to the first day of classes. Zt shall also be the responsibility of the board to review annually traffic control and safety device needs and to request all necessary changes indicated by such review. (5) Each board may request County and municipal govemments to construct and maintain sidewalks and bicycle trails within a 2-mile radius of each educational facility within the jurisdiction of the local government. When a board discovers or is aware of an existing hazard on or near a public sidewalk, street, or highway within a 2-mile radius of a school site and the hazard endangers the life or threatens the health or safety of students who walk, Hde bicycles, or are transported regularly between their homes and the school in which they are enrolled, tf shall, within 24 hours after discovering or becoming aware of the hazard, excluding Sat Sundays, and legal holidays, report such hazard to the governmental entity within the j nf which fh~ haTard i~ Incafpcl. Within =; dnvq affpr r~cpivinn nntific;~tinn hv th~ hn~rd, p ~TTACHNIENT NO. '~ PAGE // OF /4 Page 2 of 2 Satu s, and legal holidays, th~ governmenta ntity shall inv stigate th~ hazardous condition and either correct it or provide such precautions as are practicable to safeguard students until the hazard can be permanently corrected. However, if the governmental entity that has jurisdiction determines upon investigation that it is impracticable to correct the hazard, or if the entity determines that the reported condition does not endanger the life or threaten the health or safety of students, the entity shall, within 5 days after notification by the board, excluding Saturdays, Sundays, and legal holidays, inform the board in writing of its reasons for not correcting the condition. The governmental entity, to the extent allowed by law, shall indemnify the board from any liability with respect to accidents or injuries, if any, arising out of the hazardous condition. History.--s. 919, ch. 19355, :1.939; CGL 1940 Supp. 892(301}; s. 68, ch. 29764, 1955; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 4, ch. 73-338; s. 10, ch. 77-458; s. 102, ch. 79-400; s. 2, ch. 80-279; s. 9, ch. 80-414; ss. 19, 50, 52, ch. 8:1.-223; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 11, ch. 93-164; s. 4, ch. 94-292; ss. 12, 35, ch. 95-269; ss. 2, 11, ch. 95-341; s. 143, ch. 97-190; s. 29, ch. 97-384; s. 8, ch. 98-176. Welcome · Session · Committees · Senators · Information Center · Statutes and Constitution Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2002 State of Florida. Contact us. Privacy Statement IATTACHMENT NO. PAGE /2 OF /'~ APR 0 8 20O3 · ~' Pag~lof2 flsenate.gov View Statutes Select Year: 12001 ~--] Search Statutes Constitution Laws of Florida Order The 2001 Florida Statutes Title XXZZZ ~laDJr,~.~J.~ View Entire Chapter Motor Vehicles State Uniform Traffic Control 316.1895 Establishment of school speed zones, enforcement; designation.-- (1)(a) The Department of Transportation, pursuant to the authority granted under s. 316.0745. shall adopt a uniform system of traffic control devices and pedestrian control devices for use on the streets and highways in the state surrounding all schools, public and private. (b) The Department of Transportation shall compile, publish, and transmit a manual containing all specifications and requirements with respect to the system of devices established pursuant to paragraph (a) to the governing body of each county and municipality in the state, and the Department of Transportation and each county and municipality in the state shall install and maintain such traffic and pedestrian control devices in conformity with such uniform system. (2) Upon request from the appropriate local government, the Department of Transportation shall install and maintain such traffic and pedestrian control devices on state-maintained roads as prescribed in this section for all prekindergarten early-intervention schools that receive federal funding through the Headstart program. (3)(a) A school zone located on a state-maintained primary or secondary road shall be maintained by the Department of Transportation. However, nothing herein shall prohibit the Department of Transportation from entering into agreements with counties or municipalities whereby the local governmental entities would maintain specified school zones on state- maintained primary or secondary roads. (b) The county shall have the responsibility to maintain a school zone located outside of any municipality and on a county road. (c) A municipality shall have the responsibility to maintain a school zone located in a municipality. (d) For the purposes of this section, the term "maintained" with respect to any school zone means the care and maintenance of all school zone signs, markers, traffic control devices, and pedestrian control devices. (4)(a) A school zone maintained by a county shall be periodically inspected by the county sheriff's office or any other qualified agent to determine whether or not the school zone is being properly maintained. (b) A school zone maintained by a municipality shall be periodically inspected by the municipal police department or any other qualified agent to determine whether or not the school zone is being properly maintained. (5) A school zone speed limit may not be less than 15 miles per hour except by local regulation. No school zone speed limit shall be more than 20 miles per hour in an urbanized area, as in s. 334.03. Such speed limit may be in force only during those times 30 minutes before, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled ATTACHMENT NO. 3 PAGE /,,~ _0F /~ ,fin. e~OEND.,..A ~M .,--. APR 0 8 2003 · ' Page 2 of 2 breakfast program or a regularly scheduled school session and leaving a regularly scheduled school session. (6) Permanent signs designating school zones and school zone speed limits shall be uniform in size and color, and shall have the times during which the restrictive speed limit is enforced clearly designated thereon. The Department of Transportation shall establish adequate standards for the signs. (7) Portable signs designating school zones and school zone speed limits shall be uniform in size and color. Such signs shall be erected on the roadway only during those hours when pupils are arriving at and leaving regularly scheduled school session's. The Department of Transportation shall establish adequate standards for the signs. (8) Nothing herein shall prohibit the use of automatic traffic control devices for the control of vehicular and pedestrian traffic at school crossings in lieu of permanent or portable school zone signs. The Department of Transportation shall establish standards for automatic flashing signals. C9) All flags, belts, apparel, and devices issued, supplied, or furnished to pupils or persons acting in the capacity of school safety patrols, special school police, or special police appointed to control and direct traffic at or near schools, when used during periods of darkness, shall be made at least in part with retroreflective materials so as to be visible at night at 300 feet to approaching motorists when viewed under lawful Iow-beam headlights. (10) A person may not drive a vehicle on a roadway designated as a school zone at a speed greater than that posted in the school zone in accordance with this section. Violation of the speed limits established pursuant to this section must be cited as a moving violation, punishable as provided in chapter 318. History.--s. 1, ch. 71-135; s. 1, ch. 73-161; s. 1, ch. 74-63; s. 1, ch. 74-366; ss. 1, 19, ch. 76- 31; s. 2, ch. 76-159; s. 1, ch. 91-124; s. 23, ch. 96-350; s. 137, ch. 99-248; s. 10, ch. 9o~385. Note.--Formers. 316.184. Welcome · Session · Committee~ · Senators · Information Center · Statutes and Constitution · Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©;~000-2002 State of Florida. Contact us. Privacy Statement ATTACHMENT NO. PAGE_ ~ AGE.ND~TEM ~ I 0 8 200 ! EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE $206,000 IN ADDITIONAL FUNDING TO AUGMENT CURRENT APPROPRIATIONS FOR CONSULTING AND LEGAL SERVICES FROM CARLTON FIELDS UNDER THE EXISTING CONTINUING SERVICES CONTRACT FOR CONTINGENT GROWTH MANAGEMENT SERVICES IN SUPPORT OF THE CHECKBOOK CONCURRENCY LDC AND GMP AMENDMENTS, TRAFFIC IMPACT VESTING PROCESS, DEFENSE OF CHALLENGES TO THE NOTICE OF INTENT BY DCA TO FIND THE RURAL FRINGE AMENDMENTS IN COMPLIANCE, AND THE WORK PROGRAM FOR DEVELOPMENT OF LDC TO IMPLEMENT THE FINAL ORDER AMENDMENTS TO THE GMP. OB~IECTIVE: To apprise the Board of the work program tasks/costs associated with the development of the Rural (Eastern) Lands and Rural Fringe Amendments implementing LDC, including the Rural Lands Stewardship Area (RLSA), Stewardship Credit program and the Transfer of Development Rights (TDR) program for the Rural Fringe Assessment Area ($270,525). Also, to secure approval of supplemental funding for and recognition of legal and consulting services in excess of budgeted appropriations associated with the challenges to the Rural Fringe Amendments, and the FY03 Rural (Eastern) Lands GMP amendments development, adoption and compliance process in the amount of $206,000. BACKGROUND: The Board adopted the Rural Fringe Assessment Area GMP amendments on June 19, 2002, which were found in compliance by DCA on August 28, 2002. The finding of in compliance was challenged by two affected parties on September 16, 2002, which resulted in two weeks of administrative hearings before a DOAH Administrative Law Judge. The ALJ is expected to rule on the challenges in late April 2003. The Board adopted the Rural (Eastern) Lands Assesment Area GMP amendments on October 22, 2002, which were found in compliance by DCA on December 18, 2002. The DCA finding of in compliance was not challenged and the Rural (Eastern) Lands Amendments became effective on January 15, 2003. The Rural Lands Stewardship Area (RLSA) Overlay Stewardship Regulations to enable the establishment of Stewardship Sending (SSA) and Stewardship Receiving Areas (SRA) have been entered into the 2003 LDC Cycle I schedule for adoption on June 18, 2003. The Board gave policy direction to the County Manager and staff at it's regular meeting of May 14, 2002 and at a workshop on September 27, 2002 which resulted in the final adoption of extensive amendments to the Capital Improvement Element and Transportation Element of the GMP to enable the implementation of the first phase of a transition to real-time checkbook concurrency for roads by the adoption of amendments to Division 3.15 of the LDC on January 8, 2003. Implementation of Division 3.15 LDC includes the completion of a traffic impact vesting affirmation review process for c previously approved developments during the first half of 2003. The review proce~ underway. is nc~Arrl~ J CONSIDERATIONS: During the development of the FY03 County Budget, the preparation of LDC to implement the technically complex Rural Fringe and Rural (Eastern) Lands GMP amendments to fulfill the requirements of the Final Order, and for the litigation in defense of the final order amendments, was planned and budgeted with a total approved budget for outside legal and consultant services of $348,747 within the Comprehensive Planning Section Cost Center 111-138317. The work program (attached) for completion of the LDC project has been costed out by task and timing for entry into the three 2003 LDC Amendment Cycles by Carlton Fields at $270,525, utilizing the legal and technical staff of Carlton Fields, Jim Nicholas, PhD., and RWA, Inc. as sub- contractors for specific tasks working with County staff. The balance of $78,222 will be further reduced by two small outstanding contracts for services in support of the Golden Gate Area Master Plan Restudy and the Smart Growth Community Character Committee which will not exceed $40,000. This supplemental funding request is for fees previously incurred under our continuing services contract, as outlined in the attached memorandum of February 24, 2003 from Nancy Linnan, Esq. of Carlton Fields, and estimates for the identified continuing projects during the remainder of FY03 of $245,044 less available $39,000 for a total new funding request of $206,000. The portion of fees associated with the checkbook concurrency GMP amendments and LDC ($95,573) has previously been appropriated in Fund (101) Road & Bridges. FISCAL IMPACT: Approval of this supplemental funding request will increase the FY03 expenses appropriation in Comprehensive Planning Fund 111 by $206,000 with corresponding transfers of $103,000 from Fund (l 11) MSTD General Fund Reserves, and $103,000 from Fund (113) Community Development Reserves. The 50/50 split of non- transportation specific charges between Fund (111) and Fund (113) is consistent with the cost allocation policy for Comprehensive Planning Section functions associated with the Final Order in the FY03 County Budget. GROWTH MANAGEMENT IMPACT: This funding is needed to implement Growth Management Plan amendments Ordinance Nos. 2002-60; 2002-54; and 2002-32. STAFF RECOMMENDATION: That the Board approve budget amendment requests totaling an additional $206,000 in FY03 expenses appropriations and endorse the attached Work Program for the development and adoption of LDC to implement the Rural Fringe and Rural (Eastern) Lands GMP amendments including the Transfer of Development Rights (TDR) program, Stewardship Credits program and the establishment of Stewardship Sending (SSA) and Stewardship Receiving Areas (SRA). Attachments APR 2 2 2003 PREPARED BY: St~mVLitsinger, AICP ~ ~Co'-~n?rehensive Planning Malinger REVIEWED BY: Margaret '~ Pllanning S~ REVIEWED BY: 1~/~ Denny Baker Financial Admin. and HO~ng Director J~6Se/ph K. Schmjlt,_ A_dministrator ~nmunity Dev. & Environmental Services DATE: APR 0 8 2003 ~. ..~' CARLTON FIELDS MEMORANDUM To: Stan Litsinger From: Nancy Linnan Date: February 24, 2003 Re: Collier County Billing Via E-Mail stanlitsinger@colliergov.net Pursuant to your request, below is the breakdown of fees and costs billed to Collier County on the APFO/Concurrency, Eastern Lands/Rural Fringe, Fringe Challenges and General Comprehensive Plan matters this fiscal year. We have not yet billed Collier County on the Takings case (the Circuit Court lawsuit) or the Assessment Land Development Regulation files. Total Matter Fees Costs Fees/Costs Fringe Challenges APFO/Concurrency Eastern Lands/Rural Fringe General Comp Plan Matters Total Billed this Fiscal Year $87,439 $12,514.23 $45,091 $ 482 $70,113 $ 7,155 $ 99,953.23 $ 45,573 $ 77,268 $ 7.823.29* $230,617.52 * Balance after separating APFO/Concurrency, Eastern Lands/Fringe matters from Comp Plan file. As to fees for the remainder of fiscal year, I am totally guesstimating but I would think the Fringe Challenges could possibly come to $40,000. I say that because I know we have the Proposed Recommended Order to finalize (no transcript yet) and we are discussing the possible settlement of the mining issues that could, in turn, generate an amendment to the comp plan. That is why I suggest that number. Frankly, anything dealing with Lester seems to take more time. If a settlement does not proceed, the amount will be less here but the Takings case will cost more. For the APFO/Concurrency matter I would put down $50,000 because it would involve the comprehensive plan amendments, any potential land development regulations and the work in gathering the data on what is vested. Based on your phone call yesterday, I put Jack in contact with Don Scott and Susan Murray to make immediate arrangements to gather data on the DRIs and PUDs. We will create a separate concurrency/vested data file so you can charge back to Traffic. st.,ta~A ~ APR 0 8 2003 T,,M..~527837.! i~,~. , q The Eastern Lands/Rural Fringe is actually billed within General Comprehensive Plan matters. I do not expect that much separately on this. Work on the Eastern Lands will now shift to the LDR file and work on the Rural Fringe is either going to be LDR or Fringe Challenges. Nonetheless, just in case something unusual pops up, I put down $5,000. Finally, General Comprehensive Plan matters has covered more than just Eastern Lands and Rural Fringe. I have gotten involved in everything frOm Heritage Bay to Mirasol. I am putting down $15,000 to cover any other miscellaneous matters like that. Call if you have questions. TAL~527537. I 2 APR 0 8 2003 WORK PROGRAM Collier County Land Development Code Revisions For Fringe Area and Eastern Lands Amendments Overall AoDroach Work with Collier County to develop work program; isolate portions of program that will be prepared/carried out by County staff, Carlton Fields, sub consultants. Contract with sub consultants RWA (Bob Mulhere) and Dr. Jim Nicholas for work on the Fringe Area LDCs and contract with RWA for work on the Eastern Lands LDCs. Liaison with WilsonMiller to determine timing and work products from WilsonMiller on Eastern Lands LDCs. In order to meet required approval deadlines for the LDC, both the Eastern Lands and Fringe Area LDCs will be prepared in sections that will be processed during the two regular amendment cycles plus a special cycle. The cycles are: Cycle I: January 24 - June 18, 2003 Cycle II: (Approximate) May - October 2003 Cycle III: August 15, 2003 - January 7, 2004 'Eastern Lands - For Eastern Lands, the work effort will be divided into three sections: procedural issues, design standards and the environmental requirements as set out in the Group 5 policies. The first section will address procedural issues for both stewardship sending areas (SSAs) and receiving areas (SRAs). This would deal with the mechanism of how credits are transferred, conservation easements are created and the process of designating SSAs and SRAs. This would be targeted for initiation in Cycle I. WilsonMiller, representing the proposed developers of Ave Maria Community and College, has agreed to prepare a first draft of the Eastern Lands LDCs. Carlton Fields and RWA (Bob Mulhere) would then refine the initial draft with input from County staff and stakeholders, especially with regard to procedures for receiving and transferring credits, submittal requirements for staff review and BCC designation of SRAs. TAL~527117.2 The second section will address design standards for SRAs and protection measures for the development that could occur - specifically the standards for Villages, hamlets, towns, etc. Specific focus in the form of a case study should be toward the Ave Maria Community and College. Again, WilsonMiller ;hould prepare the initial draft. RWA would then refine the draft LDC with ~,,,t ',~gl~lOA ~ APR 0 8 2003 Carlton Fields and County staff. This section would begin in Cycle III for adoption. Co The third section will address the environmental requirements set out in Group 5 of the Eastern Lands policies and will be addressed concurrent with the major Fringe Area policies during the Cycle II. (See below) do County staff should work with WilsonMiller as necessary to incorporate mapping of Eastern Lands data layers into the County GIS system and produce a Natural Resource Map Atlas. This work, if not already accomplished, will need to be finalized during the first quarter of calendar year 2003. Fringe Area - For the Fringe Area, the work effort will be divided between RWA as the primary sub consultant and Dr. Jim Nicholas who will work specifically on the TDR issue. ao The majority of the Fringe Area LDC provisions, except for TDRs, along with issues addressed by County staff, will be processed during the Cycle II. These provisions are as follows: TAL~527117.2 Alternative alignments of east-west roadway connecting CR 951 to an extension of Wilson Boulevard. (County staff) Sending Lands Boundary Adjustments (County staff) Section 24 Red cockaded woodpecker assessment (County staff or biologist) Sending, Receiving and Neutral Land Parcel Identification Maps (County staff) The Rural Fringe Mixed Use District (RWA) Urban Residential Fringe Subdistrict Density (RWA) Residential In-fill (RWA) Density Blending Provisions (RWA) Essential Services within Sending Lands, NRPA Overlays, and Conservation Designated Areas. (RWA) Agricultural Uses and Clearing within Sending Designated Lands Conservation District (RWA) CCME Based Amendments/Tasks - In order of Priority (RWA) · NRPA Overlays · Protection of Native Vegetation Communities (Objective 6.1) Potable Water and Sanitary Sewer Sub-Element Based Amendments/Tasks - In order of Priority (RWA) · Rural Transition Water and Sewer Maps · Rural Transition Water and Sewer Amendments Other Amendments/Tasks Based Upon Adopted Rural Fringe Area Portion for the Rural and Agricultural Assessment Process. (RW~ APR 0 8 2003 6. Public TAL~527117.2 Definitions - Amend Division 6.3 with the following definition additions/revisions (RWA): Affordable Housing (redefined if necessary) Workforce Housing Transfer of Development Rights Rural Village Natural Resource Protection Area (NRPA) Rural Transition Water and Sewer District Zoning Atlas Amendments: The applicable zoning atlas maps will need to be amended to reflect the following: (County staff) Rural Fringe Mixed Use Zoning District Boundaries Sending Designations Receiving Designations Neutral Designations North Belle Meade Overlay Boundaries Natural Resource Protection Area (NRPA) Overlay Boundaries RWA will need assistance from Jim Nicholas to incorporate a process for monitoring and tracking transfers of development rights. In order to provide a basis for decisions regarding the establishment of a TDR "bank" and/or whether Collier County will make an initial purchase of TDRs, the County will coordinate two workshops - one for stakeholders and the second for the County Commission. Jim Nicholas will conduct the workshop to gain direction on administration, tracking and monetary support for the TDR program. He will then provide his recommendations to RWA for incorporation into Bob Mulhere's draft of the LDC. Dr. Nicholas, along with Carlton Fields and County staff, will review and edit the draft LDCs prepared by RWA. Although this work will be on going during the year, the TDR portion of the LDC will be processed in Cycle III. Hearings/Meetings Assume seven public hearings/meetings for each cycle. Presentations would occur before the following committees/commissions: EAC - Environmental Advisory Committee (1) DSAC Sub-Committee - Development Services Advisory Committee, sub- committee. (1) DSAC - Development Services Advisory Committee (1) CCPC - Collier County Planning Commission (2) BCC - Board of County Commissioners (2) APR 0 8 2003 bo In addition, for the Fringe Area only, Jim Nicholas will conduct two workshops on TDRs before a "stakeholders" group (appointed by the Board of County Commissioners) and before the Board of County Commissioners. The meetings will be coordinated by County staff and conducted by Dr. Nicholas to provide direction on administration, tracking and monetary support for the TDR program. Carlton Fields, RWA (Bob Mulhere) and County staff will also attend these workshops. Costs The costs reflected below are maximum costs developed for budgeting purposes. The costs assume that each consultant will be at every scheduled public hearing (21) and both TDR workshops. We do not believe this will be the case. We believe the actual costs will be less thanthat shown below. 7. Eastern Lands Carlton Fields a. Fees: Eastern Lands Sullivan @ $190/hr. 2. 3. 4. Coordination/Development of subcontracts, liaison with County and subcontractors - 10 hours Preparation and/or editing of LDCs prepared by WilsonMiller on procedural issues - 35 hours Review and editing WilsonMiller and/or RWA preparation of design issues - 40 hours Attend hearings/mtgs (incl. travel time) - 101 hrs. [ Note: A total of 21 hearings during 3 cycles @ 8hrs/hmg. = 168 hrs. 60% of the hearings attributable to Eastern Lands (101 hfs) and 40% to Fringe Area (67 hrs)]. Nancy Linnan @ $250/hr. 1. 2. 3. 4. 5. Review of subcontracts - 2 hrs. Assist in reviewing LDC procedural issues - 16 hrs. Review of LDCs for design issues - 20 hrs. Other coordination with County staff - 10 hrs. Attend hearings/mtgs (incl..travel time) - 101 hrs. TAI..~527117.2 Summary_ Fees: Sullivan - 186 hrs @ $190/hr ......................... $35,340 Linnan- 149 hrs @ $250/hr ............................ $37,250 $72,590 APR 0 8 2003 b. Expenses: Copy costs - Est .................. Telephone - Est ................... Travel - [See Note] ............ $500 $3OO $22,680 $23,480 c. Total Carlton Fields Cost for Eastern Lands .................................. $96,070 [Note: Travel costs are $900/trip X 21 trips X 2 persons = $37,800. 60% attributable to Eastern Lands ($22,680) and 40% to Fringe Area ($15,120)] RWA ao Fees: EastemLands 266 hours@$140/hour ...................... $ 37,240.00 40 hours@$55/hour ................... $ 2,200.00 312 hours ................................................................ $ 39,440 TOTAL COST - EASTERN LANDS LDC .................................. $135,510 Costs: Fringe Area Carlton Fields a. Fees: Fringe Area Sullivan @ $190/hr. Nancy Linnan @ $250/hr. TAL~527117.2 Coordination/Development of subcontracts, liaison with County and subcontractors - 10 hours Preparation and/or editing of LDCs prepared by RWA- 40 hours Attend heatings (See previous Note) - 67 hrs. Attend 2 TDR Workshops - 16 hrs. 2. 4. 5. 6. Review of subcontracts - 2 hrs. Review of LDCs from RWA - 30 hrs. Other Coordination with County staff - 10 hrs. Attend heatings (See previous Note) - 67 hrs. Attend 2 TDR Workshops - 16 hrs. APR 0 8 2003 Summary Fees: Sullivan - 133 hrs @ $190/hr ......................... $25,270 Linnan - 125 hrs @ $250/hr ............................ $31,250 $56,520 Co Expenses: Copy costs - Est ..................$500 Telephone - Est .................. $300 Travel - TDR WkShp x 2 ... $ 3,600 Travel - (See previous Note) $15,120 $19,520 Total Carlton Fields Cost for Fringe Area .................................. $76,040 RWA Fees: Fringe Area 270 hours @ $140/hour ..................... 25 hours @ $55/hour ..................... $ 37,800 $1,375 295 hours ............................................................. $39,175 James Nicholas~ Ph.D. a. Fees: Fringe Area 112 hours @ $150/hour ...........................$16,800 bo Travel Expense 6 trips @ $5001trip ................................. $3,000 Total ..................................................................... $19,800 TOTAL COST - FRINGE AREA LDC ................................... $135,015 TOTAL COST- EASTERN LANDS/FRINGE AREA ...................... . .. .. ..... $270~525 TAL~527117.2 6 APR 0 8 2003 Timing of Amendment Cycles 9. Timing - Eastern Lands: Note that Policy 1.13 (Eastern Lands) requires that the LDRs for the creation of the Stewardship District must be adopted within 1 year of the effective date of the Plan amendment. The goal is to bring the procedural issues in the Eastern Lands LDCs into Cycle I. Adoption of these LDCs will provide a basis for processing the Ave Maria Community DRI. The Group 5 environmental requirements to protect water quality and quantity, water regime and listed plant and animal species will be processed in the Cycle II. The Stewardship Area Overlay design standards will be processed during Cycle III. Timing - Fringe Area: The goal is to bring all of the Fringe Area LDCs, except the TDR provisions, into Cycle II. The TDR provisions will be processed in Cycle III. TAL.9527117.2 7 APR 0 8 200 · " EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $65,000 FOR OUTSIDE COUNSEL AND PROFESSIONAL SERVICES IN SUPPORT OF RESOLUTION NO. 2002-428 EXPRESSING CONCERNS REGARDING THE ACQUISITION OF THE MARCO ISLAND/MARCO SHORES UTILITY SYSTEM BY THE FLORIDA WATER SERVICES AUTHORITY. OBJECTIVE: For the Board to approve a budget amendment to pay for previously approved outside counsel and professional services in support of Resolution No. 2002-428 expressing concerns regarding the acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. On November 19, 2002, the Board of County Commissioners approved an Executive Summary and Budget Amendment transferring $35,000 from Utility Regulation Reserves to cover outside legal services to carry forward an earnest legal effort to express concerns regarding the acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. CONSIDERATIONS: Mr. Twomey and Ms. Fox have worked in the Courts and before the Public Service Commission to ensure that the County's interests are protected. They have achieved significant success up to this point in time. Thomas C. Palmer, Assistant County Attorney, has had discussions with Mr. Twomey and Ms. Fox and it has been estimated that an additional $65,000 will be necessary to pay for services to date and for services to continue on behalf of the County until this matter is essentially "complete" in the Legislature and the Courts. As noted previously, a question by opposing counsel has been raised as to the propriety of payment of legal services out of this fund. Therefore, until this issue is resolved, it has been deemed appropriate to request the funds for these payments to be made from the General Fund Reserves. If it is determined that it is appropriate to pay for legal services from the Utility Regulation funds, another budget amendment will be prepared and processed to reimburse the General Fund Reserves. The County Attorney is coordinating with the Clerk of Courts on these matters. FISCAL IMPACT: Estimated fiscal impact is $65,000 at this time to pay for serviCes to date and proceed as necessary. Funds are available in General Fund Reserves Fund 001, to be transferred to the Office of the County Attorney's budget. GROWTH MANAGEMENT IMPACT: Executive Summary. There is no growth management impact associated with the RECOMMENDATION: That the Board of County Commissioners approve a budget amendment from General Fund Reserves in the amount of $65,000 to allow outside counsel, Mike Twomey, and other professional services in conjunction with the County Attorney Office to express concerns through legal and administrative channels regarding the acquisition of the Marco Island/Marco Shore Utility System by the Florida Water Services Authority. Also, if it should be determined legally appropriate to expend funds from the Utility Regulation Reserves for legal services, that the Board of County Commissioners approve a budget amendment from Utility/~egulation (Fund 669) Reserves in the amount of $65,000 to reimburse the General Fund Reserves. REVIEWED BY: ~;'~/- / D.E. "Bleu" Wanace;nir or -CV S Operations ~t David C. Weigel, C~unty A(~rney EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS SET A PUBLIC HEARING DATE FOR JUNE 24, 2003 FOR CONSIDERATION OF A DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR PETITON DRI-2000-01, HERITAGE BAY LOCATED IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. OBJECTIVE: To set a public hearing date for the Board of County Commissioners (BCC) to consider Petition DRI-2000-01 being an application for a Development of Regional Impact (DRI) for a project titled Heritage Bay. CONSIDERATIONS: Collier County has received notification by thc Southwest Florida Regional Planning Council staff that the Development of Regional Impact (DRI)/Application for Development Approval (ADA) contains sufficient information for review and evaluation and as such requests Collier County schedule a public hearing as required by Chapter 380.06 (1), Florida Statutes. The purpose of this request is to set a public hearing date for the Board of County Commissioners to consider the Heritage Bay DRI (Petition No. DRI-2000-01). This DRI is a proposed mixed-use development permitting 3,450 residential dwelling units, 200 assisted living units, a golf course and a neighborhood tow~ center containing up to 40,000 square feet of building space and a maximum of 200,000 square feet of commercial uses of which 50,000 square feet is limited to offices. Compliance with said Florida Statute, requires that the appropriate local government shall give notice and hold a public hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance. The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of regional impact application may be reviewed. As a result, staff requests the public hearing date to be set for June 24, 2003. Given the limited scope of this public hearing item to set a public hearing date for the DRI, this petition has been placed on the summary agenda. FISCAL IMPACT: There is no fiscal impact generated by this Executive Summary. APR 0 H 2003- ~o / - GROWTH MANAGEMENT IMPACT: There are no growth management issues associated with this petition. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: There are no historical/archaeological issues associated with this petition to set a public hearing date. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) did not review this petition because the EAC does not normally hear a notice to set a public hearing date. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) did not review this petition' because the CCPC does not normally hear a notice to set a public hearing date. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) set a public hearing date for January 24, 2003 for consideration of a proposed Development of Regional Impact (DRI) Development Order for petition DRI-2000-01 Heritage Bay. 2 APR 0 2003 PREPARED BY: /~ RAY ~'LLOr~q'~, CHIEF PLANNER CURI~NT PLANNING SECTION REVIEWED BY: - .S/USAN MURRAY, AICP, MANAGE MK~'oA~T/~t~E~S~E, AfCP, O~mCTOR MM~ITY DEV. AN~ ENVIRONMENTAL SVCS. RVB/~ DATE DATE DATE 3 APR 0 8 2003 JHAR032003 Southwest Florida Regional Planning [2o..tmcil.. ~ 4980 Bavline I)rivc, 4th Flr~)r, N. Iq. Myers. FI, 33917-3909 (941) 65(5-7720 P.O. Bc~x 3455, N. Ft. Mycm, FL 33918-3455 SU,'NCOM 749-7720 FAX 941-656-7724 February 26, 2003 The Honorable Tom Henning Collier County 3301 East Tamiami Trail Naples, FL 34112 RE: "Heritage Bay" Application for Development Approval, DRI # 11-2001-154 Dear Chairman Henning: This letter is to provide written notice that the Heritage Bay Application For Development Approval contains sufficient information for review and evaluation by the Southwest Florida Regional Planning Council's staff. The purpose of this letter is to request that Collier County schedule a DRI public hearing for the Heritage DRI. Compliance with Chapter 380.06(1), Florida Statutes, requires that the appropriate local government shall give notice and hold a public hea4ng on the application in thc: same manner as for a rezoning as provided t,nder the appropriate special or local law or ordinance, except that such hearing proceedings shall be recorded by tape or a certified court reporter and made available for transcription at the expense of any interested party. The Statute also requires: (a) The notice of public heanng shall state that the proposed development is undergoing a development of regional impact review. (b) The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and repo-'ts on the development of regional impact application may be reviewed. (c) The notice shall be given to the state land planning agency, to the applicable regional planning agency, to any state or regional permitting agency participating in a conceptual agency review process under subsection (9), and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. (~ Printed on Recycled Pape~ TO: Chairman Henning PAGE: 2 DATE: February 26, 2003 RE: Heritage Bay ADA (d) A public heating shall be set by the appropriate local government at the next scheduled meeting. Receipt of notice by the Southwest Florida Regional Planning Council officially initiates the statutory review period of fifty days. In order to comply with rules of the Southwest Florida Regional Planning Council relating to DRIs, Chapter 29I-4, Florida Administrative Code, please coordinate with the Southwest Florida Regional Planning Council's staffregarding when to send the letter from the County that states the public hearing date has been set. Sincerely, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL David Y Burr Executive Director DYB/DLT/dlb CC.' Ms. Lynn Griffin, FDEP, Tallahassee, Florida Mr. John Czerepak, FDOT, Bartow, Florida Mr. Jim Beever, Florida Fish & Wildlife Conservation Commission, Punta Gorda, Florida Mr. Skip Bergrnann, US Army Corps of Engineers, Fort Myers, Florida Mr. James Golden, SFWMD, West Palm Beach, Florida Ms. Karen Johnson, SFWMD, Fort Myers, Florida Mr. Ray Bellows, Collier County Planning Services, Naples, Florida Mr. Gordon Romeis, FDEP, Fort Myers, Florida Ms. Kim Dryden, U.S. Fish and Wildlife Services, Naples, Florida Mr. Bernard Piawah, FDCA, Tallahassee, Florida Ms. Laura Kammerer, Division of Historical Resources, Tallahassee, Florida Mr. Lawrence Massey, FDOT, Fort Myers, Florida Mr. Richard Woodruff, WilsonMiller, Inc., Naples, Florida Mr. James Curry, US Home Corporation, Fort Myers, Florida APR 0 8 2003 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that Collier County has received an Application for Development Approval for a Development of Regional Impact (DRI) pursuant to Section 380.06 (1), Florida Statutes, from US Home Corporation for a project titled Heritage Bay. Approval of this application will result in the following development proposal: Heritage Bay is a planned mixed-use commtmity located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida. The planned community site is approximately 2,562 acres and will include a maximum of 3,450 residential dwelling units with a wide range of housing styles including single-family detached, and various forms of multi-family structures. Heritage Bay will include up to 54 holes of golf, an extensive wetland conservation area, and pedestrian walkways and nature trails. Three community Club/Town Centers will encompass 20 acres and contain up to 40,000 square feet of building area. The Activity Center site located at the ImmokaleedCR951 intersection will accommodate up to 50,000 square feet of office uses and 150,000 square feet of retail uses. The Heritage Bay DRI occupies the area of land made up of four contiguous sections of land in the Northeast quadrant of Immokalee Road and CR951/Collier Boulevard. Information and reports on the Development of Regional Impact may be reviewed in the offices of the Collier County Community Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. APR 0 8 2003 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 001 styled Board of County Commissioners Collier County, Florida vs. Rocco LacQuaniti regarding violation of Sections 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, of the Collier County Land Development Code, as amended. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-001 styled Board of County Commissioners Collier County, Florida vs. Rocco LacQuaniti. CONSIDERATION..'. On March 28, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended, the Collier County Land Development Code. An Order Imposing Fines/Costs in the amount of Seven Hundred and Eighteen Dollars and Ten Cents ($718.10) for the prosecution, fines and operational costs incurred in this case was approved by the Code Enforcement Board on May 23, 2002. Said Lien was recorded in Official Record Book 3052 Pages 1974, et. seq., in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of April 29, 2002 indicating compliance with the Order of the Code Enforcement Board. On December 16, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. APR 0 8 2003 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: REVIEWED BY: Shanelle Hilton Jane~/Po ~wers, Operations Manager APPROVED BY: ~t seph K. Sctfffiitt, Admimgtrator Date: Director Date: c3/~-'t',//~ APR 0 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-244O SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Hundred and Eighteen Dollars and Ten Cents ($718.10), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated May 30, 2002 recorded in O.R. Book 3052 Page 1974, and re-recorded in O.R. Book 3077, Pages 1319, et. seq., of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Rocco LacQuaniti has been satisfied in full. Lots 47 and 48, Block 16, of NAPLES PARK UNIT ONE less the North 10 feet thereof, according to the plat thereof as recorded in Plat Book 1, Page 106, of the Public Records of Collier County, Florida Folio No. 62429080005 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Rocco LacQuaniti, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Approved as to form f~al ~f~~ Ellen T. Chadwell Assistant County Attorney EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TIBURON - THE NORMAN ESTATES AT PELICAN MARSH UNIT TWENTY THREE" OBJECTIVE:: To grant final acceptance of the infrastructure improvement~ associated with that subdivision known as "Tiburon - The Norman Estates at Pelican Marsh Unit Twenty Three" CONS IDERATIONS: On January 14, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Tiburon - The Norman Estates at Pelican Marsh Unit Twenty Three". The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4 A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5 This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget· GROWTH MANAGEMENT IMPACT: There is no growth management impact APR 0 8 Executive Summary Tiburon - The Norman Estates at Pelican Marsh Unit Twenty Three Page 2 RECOMMENDATION' That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Tiburon - The Norman Estates at Pelican Marsh Unit Twenty Three" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing iinal acceptance, 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth. Senior Engineer Engineering Review Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date Date APPROVED BY' JO~e~/h K. Sch/mitt, Adm/inistrator C~m~Yunit¥ Dev. and Environmental Svcs. APR 0 '8 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 46 47 49 51 52 55 57 59 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN TIBURON - THE NORMAN ESTATES AT PELICAN MARSH UNIT TWENTY THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE ~AINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 15, 1998 approved the plat of Tiburon - The Norman Estates at Pelican Marsh Unit Twenty Three for recording; and WHEREAS, the Developer has consiructed 'and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security, and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is reconunending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Tiburon - Thc Norman Estates at Pelican Marsh Unit Twenty Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and mjofity vote favoring mme. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS CO~ J~n~R. COUNTY, FLORIDA TOM HENNING, CHAIRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney APR 0'8 2003 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PHASE THREE EAST, UNIT ONe", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Mediterra Phase Three East, Unit One", a subdivision of lands located in Section 12 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Phase Three East, Unit One" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total ~-' cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Mediterra Phase Three East, Unit One" be approved for recording. .) This project consists of 83 lots, along with future development Tracts, and is being developed by Bonita Bay Properties, Inc. The roads will be private; the County will maintain the water and sewer facilities upon completion and acceptance of the facilities. FISCAL IMPACT: The project cost is $3,393,724.19 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,176,048.00 - $2,217,676.19 The Security amount, equal to 110% of the project cost, is $3,733,096.61 APR 0 2003 Executive Summary Mediterra Phase Three East, Unit One Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $63,140.00 Fees are based on a construction estimate of $3,393,724.19 and were paid in November, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)$ 1,475.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 5,880.24 Drainage, Paving, Grading (.42% const, est.)$ 9,314.24 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $!7,640-74 Drainage, - $28,829.78 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HiSTORICAL/ARCHEOLOGICAL There are no outstanding environmental no historical or IMPACT: There are archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of ,,Mediterra Phase Three East, Unit One" for recording with the following stipulations: 1. Approve the amount of $3,733,096.61 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. APR 0'8 Executive Summary Mediterra Phase Three East, Unit One Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. HouldsWorth, Senior Engineer Engineering Review REVIEWED BY: / Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Elate'/ APPROVED BY: Joseph . chmit~, ~dminis{rator 1 Commun i~eCvhem~ opment & Environments Services ...... EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SOUTHEAST IMMOKALEE" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Southeast Immokalee", a subdivision of lands located in Section 3 Township 47 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS'. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Southeast Immokalee". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This project is being developed by the Empowerment Alliance of ,Southwest Florida and the Collier County Housing Authority as affordable farm worker housing. · Engineering Review Section recommends that the "Southeast Immokalee" be approved for recording. final plat of FISCAL IMPACT: The project cost is $317,153.34 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $111,081.43 - $206,071.91 The Security amount, equal to 110% of the project cost, is $348,868.67 APR 0 8 2003 " Executive Summary Southeast Immokalee Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 ~- Development Services Revenue generated by this project: Total: $3812.20 Fees are based on a construction estimate of $206,071.91 (does not include Immokalee water & sewer) and were paid in November, 2002. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)- $ 590.00 b) c) Paving, Grading (1.3% const, est.) GROW~I{ F~%l{AGEMENT IMPACT: Construction Drawing Review Fee Water Immokalee water & sewer Sewer (-0-% const, est.) - $ -0- Drainage, Paving, Grading (.42% const, est.)- $ 786.82 Construction Inspection Fee Water Immokalee water & sewer Sewer (-0-% const, est.) - $ -0- Drainage, - $2435.38 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION= Approval PLANNING SERVICES STAFF RECOMMENDATION= There are no historical or That the Board of County Commissioners approve the Final Plat of "Southeast Immokalee" for recording with the following stipulations: 1. Approve the amount of $348,868.67 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. APR 0 6 2003_ 2. Executive Summary Southeast Immokalee Page 3 Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houl-d~worth, Senior Engineer Engineering Review REVIEWED BY: ~ Thomas E. Kuck, P.E. Engineering Review Director, County Engineer D~te ' D~t~' APPROVED BY: /J~eph. K. ~'chm_itt, ~%dministrator _ mmunity Development & Environmental Services APR 0 8 2003 EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT OF $60,000 FOR THE EXPENDITURE OF MONIES FROM FUND 186 IMMOKALEE REDEVELOPMENT FOR THE PAYMENT OF THE PURCHASE, INSTALLATION, AND MAINTENANCE (FOR 5 YEARS), OF STREETLIGHTS BY LEE COUNTY ELECTRIC COOPERATIVE (LCEC). OBJECTIVE: To approve a budget amendment of $60,000 for the expenditure of monies from Fund 186-1mmokalee Redevelopment for the payment of the purchase, installation, and maintenance (for 5 years), of streetlights by the Lee County Electric Cooperative (LCEC). CONSIDERATIONS: September 30, 2002 the Community Redevelopment Agency approved an Agreement with Collier County for the installation of streetlights consistent with the approved 2002-2003 CDBG Project #0003 (Immokalee Streetlights). This is a reimbursement grant that requires the Immokalee CRA to pay for improvements and then submit all necessary paperwork to the Collier County Financial Administration Housing Department for reimbursement from CDBG funds. FISCAL IMPACT: The total amount to be funded is $60,000 which will be reimbursed to Fund 186 in the form of CDBG funds. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including Immokalee, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: Recommendation that the Board of County Commissioners (BCC) approve the attached budget amendment of $ 60,000 and the expenditure of monies from Fund 186-1mmokalee Redevelopment for the Davment of the purchase, installation, and maintenance (for5years), of streetlights by the Lee County Electric Cooperative (LCEC). b. AARrON BLAII~, URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION RANDY COHEN, MANAGER COMMUNITY PLANNING & REDEVELOPMENT SECTION DATE DATE RISViEWED BY: / ,, ) MARG~RF.~ J~NUE~STLE, AICP PLANNING,~ERVlCES DEPARTMENT DIRECTOR REVIEWED BY: -1- APR 0 8 2003 DENTON BAKER DIRECTOR FINANCE ADMINISTRATION AND HOUSING DATE APPROVED BY: ~ / ,JOSEPH K. SCHMI'I ' DATE !A[~MINISTRA_T_0.R_. tCOMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- APR 0 $ 2003 EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT FOR EXPENSES RELATED TO MOVING THE COMMUNITY PLANNING AND REDEVELOPMENT SECTION STAFF FROM THE DEVELOPMENT SERVICES BUILDING TO NEW OFFICES LOCATED AT 3050 NORTH HORSESHOE DRIVE. OBJECTIVE: To have the Board of County Commissioners approve a budget amendment for equipment and furniture required to move the Community Planning and Redevelopment staff to new offices located at 3050 North Horseshoe Drive. cONsIDERATIONS: Due to the increased number of staff within the Community Development and Environmental Services Division (CDES), it was neccesary to acquire additional office space. The Board of County Commissioners approved the funding for the lease of the new space on December 17, 2002 with the actual move anticipated to be in January 2003. The equipment and furniture that was being used by the Community Planning and Redevelopment staff belonged to the Comprehensive Planning Section and was needed by Comprehensive Planning to accommodate their newly hired staff. Due to a budgeting oversight, furniture and office equipment expenses were inadvertently left out of the Community Planning and Redevelopment Section's budget. Surplus furniture was not available. Unfortunately, staff was unable to obtain the furniture cost estimate from the vendor in time to include these costs in the budget amendment for the lease. Since the move to the new office location was initially scheduled in early January, five new employees were hired to fill vacancies in the Comprehensive Planning Section, the Current Planning Section and the Community Redevelopment Section starting in January. The delay by the vendor in providing cost estimates for the furniture, forced the move to be pushed back until the beginning of March. A space shortage was created when the Community and Redevelopment Section was unable to move to the new office space in January due to the lack of furniture, wiring, and network installation requirements. New employees were forced to work in storage and file areas and in other departments. Once the estimates were obtained, the new furniture could not be rdered until the furniture vendor had a purchase order on file. Enough money was available in the total operating budget to cover the furniture and equipment costs. However, there were not adequate funds in the specific line item to cover the cost of the furniture and equipment.. The original budget amendment was submitted in January 2003. Due to delays and revisions in the the executive summary, the furniture arrived and was installed. Staff was moved into the new facility. Expenditures totaling $72,200 were required to effectuate the move of the Community Planning and Redevelopment staff from its current location in the Development Services Building to the leased premises located at 3050 North Al:'i - 2003 Horseshoe Drive. The new office facility will house seven full time Community and Redevelopment employees, two employees from Immokalee on an occasional basis and one employee fron the Natural Resources Department along with a conference area to be used by all planning sections. The amount of $72,200 will be spent on the following equipment and furniture: 53,100 - office furniture and partitions 3,500 3,500 2,100 1,500 1,400 7,100 - network wiring - routing switch to ensure network connectivity - telephone wiring - telephones - printers and fax machine - computers This totals $72,200 Please note that upon completion of the County's new office building currently under construction, the equipment and furniture will be moved with staff back to the Community Development and Environmental Services Building. FISCAL IMPACT: The total cost of the equipment, contractual services and other related expenses is approximately $72,200.00. We are requesting that this be paid from MSTD General Fund, No. 111, "Reserve for Contingencies" under "Expenditure Object Code" 991010. GROWTH MANAGEMENT IMPACT: There are no growth management impacts regarding this action by the Board of County Commissioners. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment for expenditure of $72,200 in MSTD General Funds, 111, Reserve for Contingencies, 991010 as set forth in the attached budget amendment request in order to successfully move Community Planning and Redevelopment staff to its new office location in late Febr31aty 2003/early March 2003. SUBMITTED BY: Y~//~~/~'~~ REVIEWED BY: H. Denton Baker, Director mt¢: -',RT-O3 APR 0 8 APPROVED BY: ~ fiSmmunity Financial Administration and Housing Schmir~i~,~p,mn}Snt~atO~d/~nvironmcnta~rvic,s AEC08 270~ i EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER THE OPERATING BUDGET FOR THREE POSITIONS FROM TRANSPORTATION OPERATIONS AND TRANSPORTATION MAINTENANCE TO THE ALTERNATIVE TRANSPORTATION MODES DEPARTMENT IN THE AMOUNT OF $98,852 OBJECTIVE: Obtain Board approval of Budget Amendment to transfer the operating budget for three positions from Transportation Operations and Transportation Maintenance to the Alternative Transportation Modes Department in the amount of $98,852. CONSIDERATIONS: Two positions along with their job assignments transferred from Transportation Operations and one position from Transportation Maintenance to the Alternative Transportation Modes Department. These positions have been reassigned to the Alternative Transportation Modes Department to handle Landscape issues. Along with the transfer of a Senior Planner, Project Manager, and Senior Administrative Assistant a budget amendment is needed to transfer the salaries and operating budget for the remainder of the fiscal year. FISCAL IMPACT: A budget amendment is needed to transfer funds that were allocated to Transportation Operations and Transportation Maintenance and re allocate them within Alternative Transportation Modes budget in the amount of $98,852 as shown on the attached spreadsheets. There is no net increase in budget appropriations for Fund (101) as a result of this action. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budget amendments to transfer funds from Transportation Operations and Transportation Maintenance budget and appropriate in the Alternative Transportation Modes Department budget.. ~ SUBMITTED BY:///~/~]_ ~(Jif/L~ ( Slfftron Newman, Transportation Accounting Supervisor Date: Date: u~ o 0 o 0 00000000000000000000000 000000000000 O0 000 O0 ~ 0000000000000000000000000000000000000000000000 ~ ~ 00000000000000000000000000000000000000000000001, 0000000000000000000000000000000000000000000000i ~ioooooooooo~oooooooooooo~ooo~oo~oo~o-oooooooooo "l ~g~."l~ ;~ ,oooooooooo~oooooooooooo~ooo~oooooooo~oooooooooo U ~ iH ,i~ oooooooooo~oooooooooooo~ooo~ooooooo~oooooooooo w ~oo~ ~IU· ~ 0000000000~00000000~000000~00~0000~000~000~ ~ 0 ~ ~ 0000000~00000000000~00~000~00000000000~0~00~ ~ ~ 0000000~00~00000000~00~000~0000000~000~0~00~ ~ I I % 0 0 ~ ooooooo~ooooooooooo~.oo~oooooo~oo~o~oo~.~o~o . . ooooooo~ooooooooooo~.ooooooooo.oo~o~°°°~°°~-.~ o ~ 0000000000000000000~00000000000000~000~0~00~ ~ ~ 0000000~00000000000~00000000000000~000~0~00~ 0 APR B ~ 21RI3 Pg. ~ AGENDA I_I'EM .o. APR AGEI~IDA_ ITJ~M NO. ! J,.~_ ~'~_ I, -- APR 0 8 2~3 BUDGET AMENDMENT REQUEST Fm,,d Title: Transportation Services EXPENSE BUDGET DETAIL Fund Number:. ' I01 Da~e 3/17/2003 Cost Center Title Alternative Transportation Modes Cos~ Center Obiect Code No. Obj~ Co~ D~ption 163617 512J00 163617 514100 163617 521100 163617 522100 163617 523150 163617 523160 163617 524100 163617 631990 163617 643980 163617 634999 163617 640200 163617 640300 163617 640310 163617 640410 163617 641700 163617 641900 163617 641950 163617 643100 163617 645260 163617 646430 163617 646440 163617 646445 163617 646610 163617 646710 163617 646910 163617 647110 163617 649010 163617 649030 163617 649100 163617 649990 163617 651110 163617 651210 163617 651910 163617 654210 163617 652490 163617 652910 163617 652920 163617 652990 163617 654110 163617 654210 163617 654360 163617 654370 163617 764950 Soscial Security Health Life Life Workers Comp Subtotal Other Professional Fees Interdept Pa)anent Other Contractual Services Milage Reimbursement Out CnW Travel Prof Out Cnty Travel Reg Motor Pool Rental Cell Phone Telephone Allocated Postage, Freight Electricity Auto Insurance Fleet Maim ISF Labor Fleet Maint ISF Parts Fleet Maim ISA Non Maint Communicatin Equip R&M Office Equipment P.,&M Data Process Equipment Printing or Binding Licenses & Permits Clerks Recording Fees Legal Advertising Other Miscellanous Services Office Supplies General Copying Charges Minor Office Equipment Personal Safety Equipment Fuel & Lubricants Minor Operating Equipment Computer Software Under 750 Other Operating Supplies Books, Publications Dues & Memberships Other Training/Exiucafionai Organizational Dev~l~ Subtotml Operatiog Software Genernl Subtotal Capital Total Expense Budget Cost Center No.: 163617 Project Number:. N/A Increase Current Revised (Decree) ,~ nnd~ Bual~t 80,000 1=26,200 :'~ 20~,200 2,O00 3,g00 5,800 6,110 9,300 15,410 6,867 12,000 18,867 13,500 13,500 500 500 94,977 165,300 260,277 500 500 200 200 200 500 700 200 200 700 1,500 2,200 300 300 200 200 600 !,000 1,600 100 500 600 100 200 300 - 500 500 - 200 2~ - 1,000 1,000 - 100 100 100 100 1,000 1.000 200 200 50 500 550 200 200 100 100 100 100 200 1,000 1.200 200 !,000 1,200 ~ 200 225 300 900 1,200 100 100 500 500 500 500 300 100 400 200 200 400 100 100 200 200 500 700 300 100 400 200 100 300 3~ 15,2~ 19,0~ 98,8~2 ] AGENDA,,fI'E~Id APR O 8 2003 WHY ARE FUNDS NEEDED? Funds are needed for the Alternative Transportation Modes Deparirnent staff and operating budget as approved by the BCC WHERE ARE FUNDS AVAILABLE? Funds are available by reducing the transfer from the General Fund to EMS and increasing the u'ansfer to Transportation Fund 101. REVIEW PROCESS BUDGET DEPARTMENT: DATE FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: L AGENDA ITEM APR Pg. ~ EXECUTIVE SUMMARY STAFF RECOMMENDATION THAT THE BOARD OF COUNTYCOMMISSIONERS: CONDITIONALLY ACCEPT RECORDED EASEMENTS AND DEEDS FOR WHIPPOORWILL LANE; AND APPROVE AN INDEMNIFICATION AGREEMENT; AND ACCEPT PROVISION OF CASH ESCROW. Ali MATTERS PERTAIN TO THE LAND ACQUISITION AND CONSTRUCTION OF A ROADWAY ON THE PROPERTY ACCEPTED BY THE COUNTY FOR CONSTRUCTION BY PRIVATE PARTIES OF WHIPPOORWILL LANE OBJECTIVE: First: To secure the Collier County Board of County Commissioners conditional acceptance of easements from property owners along Whippoorwill Lane for construction of the road by private parties. Pulte Home Corporation and PR IV, a Florida Limited Liability Company have agreed to enter into a Hold Harmless and Indemnification Agreement with Collier County so that they may utilize the South Florida Water Management Permit currently in the name of Collier County in order to construct Whippoorwill Lane. Once the Collier County Board of County Commissioners conditionally accepts what Collier County staff has determined to be 100% of the right of way needed for the construction and acceptance of the road, the Hold Harmless and Indemnification Agreement and Escrow Agreement will be simultaneously presented to the Collier County Board of County Commissioners on today's agenda for approval. If the property is not released from all liens and encumbrances within sixty (60) days, from the day of conditional approval by the County, the acceptance will terminate and Pulte and PR IV shall be responsible for all costs associated with the deletion of the County from any recorded documents. Second: Secure the Collier County Board of County Commissioners approval of a Hold Harmless and Indemnification Agreement and Escrow Agreement with Orion Bank between Collier County and the purchaser of land along Whippoorwill Land, Pulte Home Corporation and the seller of the land, PR IV, LLC. Recently, through formal action of the Collier County Board of County Commissioners on February 11, 2003, Collier County delayed acceptance of these easements. The Collier County Board of County Commissioners also repealed Resolution No's. 2000- 147, 2000-166, 2000-414, 2000- 422, and 2001-246 pertaining to the involvement of the County in the construction of Whippoorwill Lane. The Board denied acceptance of any easements for Whippoorwill Lane until completion of the construction and acceptance of the road. At the February 11th meeting the Board also stated that all permits must be applied for, issued and executed in the name of the developer[s], not the County ....... The Board further instructed staff that an acceptable hold harmless and indemnification agreement must be drafted and entered into by the property owners protecting the County or a liability insurance policy, naming the County as an additional insured must be procured that is acceptable to the County. However, after recent further meetings with agents of the Pulte Home Corporation and the seller, PR IV, LLC, County staff agreed to recommend to the Collier County Board of County Commissioners that: 1. Since the Pulte Home Corporation and PR IV, LLC have been able to successfully acquire 100% of the land needed for construction of the roadway along Whippoorwill Lane, (as determined by County staff); then 2. County staff is recommending to the Collier County Board of County Commissioners that the Board allow the Pulte Home Corporation or PR IV to utilize the South Florida Water Management Permit currently issued in the name of Collier County for the construction of the roadway, solely at their expense; and 3. The Pulte Home Corporation and PR IV, LLC. will indemnify and hold harmless the County from any and all claims and liability of any kind resulting from the acquisition of the land and the construction, attempted construction, or failure to construct the roadway along Whippoorwill Lane. 4. In the event the purchase and sale of the Whippoorwill Woods Property to Pulte is not completed by April 30, 2002, PR IV will be responsible for the Hold Harmless and Indemnification provisions. Additionally, PR IV will post a $1,000,000.00 Letter of credit to guarantee the indemnification provisions under the Agreement. CONSIDERATIONS: First: The property owners along Whippoorwill Lane entered into an agreement concerning the construction of the Whippoorwill Lane roadway. Collier County is not a party to this agreement. In an effort by the DeVelopers to expedite the process, easements from most of the property owners were secured in the name of Collier County and recorded in the public records. Collier County staff did not participate in, nor authorize the acquisition of these easements. The easements and deeds and all needed title information from the landowners and their representatives, have been reviewed for legal sufficiency by Collier County staff. Collier County will not participate in any costs related to the construction of this road. The parcels acquired by the developers to be accepted by the County are identified in Composite Exhibit "A" to this Executive Summary. Second: The Whippoorwill roadway project is located on the south side of Pine Ridge Road, approximately ½ mile west of 1-75; and consists of the paving along Whippoorwill Lane and Nighthawk Drive, reconstructing roadway swales as well as installing drainage structures and pipes. The work along Whippoorwill Lane begins approximately 750 south of Pine Ridge road and ends in a cul-de-sac just south of the entrance to the Whippoorwill Woods development. The end of the road does not cross the Kensington p~ ~.~-~,,-- ~ ':.2~ · t AgR - 8 2003 Canal or the regional flow way which extends from the ~ section of land on the west side of the road, across Whippoorwill Woods to the 1-75 right-of-way and the D-2 Canal. The South Florida Water Management District permit, has been issued in the name of the County. The County has informed the South Florida Water Management District that it prefers permit 11-02182'P to be in the name of. Pulte or another property owner[s] along: Whippoorwill Lane. However the permit is currently still in the name of Collier County. Collier County, through this agreement, intends to ensure that it is adequately protected, indemnified and held harmless from the use of the South Florida Water Management District Permit No: 11-02182-P, issued in the name of Collier County, by Pulte and PR IV, LLC, jointly and severally, and for Pulte's construction of the roadway and for any claims resulting from the acquisition of the fight of way for the road. Under the agreement, Collier County is only allowing the use of the above- referenced permit on the condition that Pulte and PR IV, LLC shall have all responsibility for adhering to any and all permit conditions, in lieu of the County, including restoration of any protected areas and resolving any issues pertaining to the real property involved in the construction of the roadway, including removal of any hazardous substances and any environmental mitigation that may be required. The property owners along Whippoorwill Lane entered into an agreement pertaining to the private construction of this roadway. Collier County is not a party to this agreement. In an effort by the Developers to expedite the process, certain easements from most of the property owners were secured in the name of Collier County and recorded in the public records of Collier County. Collier County staff did not participate in, nor authorize the receipt of these easements. The recorded documents are being reviewed for legal sufficiency, land area, and clear title. Collier County staff began this process on or about January 24, 2003. Once reviewed and found acceptable, Collier County staff has agreed to present the acquired fights-of-way to the Collier County Board of County Commissioners for acceptance, conditioned upon adherence to the Indemnification Agreement. In order to protect Collier County from potential liability, it is recommended that the indemnification agreement be approved prior to any construction occurring and simultaneously with the acceptance of the easements for the roadway. The record needs to reflect that Collier County does not accept any responsibility for the construction or the completion of construction of this roadway. If the Pulte Home Corporation fails to complete the road, it shall be the responsibility of the Pulte Home Corporation and PR IV, LLC to return all easements to the property owners and bear all expenses for the completion of the road. A cash sum of $100,000.00 will be deposited into an escrow account for the immediate use of the County in the event of any claim. This cash amount is in addition to the insurance policy and personal liability of the parties. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. I"lo~ 3 APR 8 20g3 RECOMMENDATION: That the Board of County Commissioners: Conditionally accept the easements and deeds along Whippoorwill Lane without acceptance of any obligation to construct the roadway and with knowledge and anticipation of entry into a Hold Harmless and Indemnification Agreement immediately following this acceptance from Pulte Home Construction, Inc. and PR IV LLC. Approve the attached hold harmless and indemnification agreement, and the escrow agreement. Preparedb,,' ""1 [- ~ ' J,acqt~eline HubiSard Robinson /~ssistant county Attorney Reviewed by: Approved by: David ~. eigel nty Attorney / /~?C~./-_- ~,-~. .. Norma~l~ede{, Transportation Adm~mstrator / Date: Date: 20'.33 Mar 31 2003 16:20 P. 02 PARCELS 02.3, 4 and S Easement Area granted by Parcel 2 Owner: The F.~t 40 feet ofthe N ½ of thc SE 1/4 of the SW 1/4 of Section 18; Town~hip 49 South, l~n~ 26 B~g Co~cr Co~, ~lorid~ c0n~g 26,408 sq~ feet mor~ or less. E~ent ~ g~d by Pa~ 3 ~ner: ~e ~ 40 f~ of~e ~ ~ of~e ~ U4 of~c ~ 1/4 of~e SW 1/4 of S~on 18, - To~ip 4~ Sou~, ~Ee 26 ~ CoIHer Co~, Fl°fi~ c~n~in~E 26,408 s~e feet m'o~ or less. E~cment ~ granted by Parcel 4 OWner: ~= B~t 40 fe=t ~d ~e West i5 ~et off~e B~t 55 fc=t of~e No~ 62.~1 feet of~e ~ ~ of~c ' ~ 1/14 of~e SW 1/4 of Section 18, To--hip 4~ Sou~ ~'26 ~ CoIU=r Co~, FIofid~ con~g 27,3~ sq~c fleet more or less. E~cmen{ ~ea G~nted by P~ 5 ~ner: · ~ ~t 40 f~ ~ ~e Wc~ 15 feet of~c B~t 55 f=ct of~c So~ 317.5~ feet of~c · S ½ of~= S~ 1/4 of~e ~ 1/4 of Section 18, Tow~Mp 4~ Sou~, R~2e 26 ~ Collier Co~, ~lorid~ con~t 3 l, 172 sq~c fc~ mo~ or less. E~ement ~ca Granted ~' Farcel g ~ne~ ~c B~ 30 fe~ of~c So~ ~ of~e So~ ~ of~e No~ ~ of~e SE 1/4 0f~e ~ 1/4 of fe~ mo~ or le~s. E~ement ~ G~nt~.by Fa~el 7 ~e~ ~= ~ 30 fe~ of~ S~ ~ of~e So~ ~ of~c Nq~ ~of~e S~ 1/4.olde ~ 1/4 of fe~ m~c or less. ' , ' ttar 3'1 20O3 16:20 P.03 E~ement ~rea granted by Parcel 80wue~ The East 30 feet of the North ½'of the South ½ of.the N0.rth ½ of the SW 1/4 of the NW. 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, coll!~;ning 4,952.00 square feet more or less. PARCELS ~6~ and 10 Easement Area granted by Parcel 9 Owner:. The Bast 30 feet oft he South ½ of thc North ½ of thc Horth ½ oft he ~E 174 of t~e lq~ 1/4 of Section 1~, Township 49 South, Kan§e 26 Bast, CoIHer County, l~loridn- ' Easement Area granted by Parcel 10 Owne~. The East 30 fcct of the North Plak' (14) of th,- No,'~h Half'04) of the North Half (½') of the Southeest (1/4) of the Northwest Quarter (1/4) end the West 10 fcct of the Bast 50 foot'of the South 60 feet of the Best Half (½) o f ~he'Northeast Quert~. ( 1/4) of the Northwest Quarter (1/4) Section lg, Township 49 South, KanBe 26 Best, Collier County, Florida, contain~n§ 6,751 square fcct more or less. Easement Area granted by Parcel 11 Owner: Th~ But 30 fc=t of the east half (~) of the cast half (~) of the northeast quarter (~) of thc northwest quarter (~/~) of Section 18, Township 49 Soutl~ Range 26 Bast, Collier County, Florida; less the south 60 feet per Official P, ecords Book 1:559, Pa~e 14 end less th-, north 150' for thc Pine Rid§c P~oad right-of-way, 'end less that portion of thc cast 40 fcct ~s described in ttmt certain Order of TakinB per Official. Ke.co. rd Book 2660 a pa~es ~375 throu~=J~ 33 S3, cont~{-i-$1 S,413 square fe.-t, mot'- or less. Easement ,~rea granted by Parcel ~2 Owner:. The West 40 feet of the South ½ of the lqW 1/4 of the lqB 1/4 of Section 18, Township 4~. South, l~o~e 26 East, Collier County, Florida, c~ntn~i"~ 26,41~ s~u~re fee[ mo~ or .less. · Ares granted by Parke113 Owner by Special Warranty Deed:. .- The West 40 fc~t ofth~ SW 1/4 of the NE 1/4 of Se .~on 18, Township 49 South, 26 East, Collier County, P~orid~ 52,816 squar~ feet mom or less. l~ar 31 2003 18:20 P. 04 P.4.RC~EL//14 and 1~ Easement Area granted by PaFcel 14 Owner, · The West 40 feet of the West 50 feci the lqW 1/4 of the NW 1/4 of the SE 1/4 and the NW 1/4 ofthc Tq'B 1/4 of the NW 1/4 of the SE 1/4 of.Sect/on 15, Township 49 South, l~aa§e 26 East, Collier County, Florida, containing 26,405 square feet more'or less. Easement Area granted by Parcel 15' Owner: The West 40 feet of the Nort~ ½ of the South ½ of the l~,r~V 1/4 of~= SE 1/~ of Scion la, To~p 49 Sou~ R~ 26 ~ Co~c~ Co~, Flodd~ c~~ 13,20~ ~ fe~ mo~ or less.. FARCEL #16 Easement Area .oranfed by Parcel 16 Owner: The West .30 feet of the South Pi of the South ½ of the NW 1/4 df the SE 1/4 of Section 1 g, Township 49 South, Range 25 East, Collier County, Florida, containing 9,903 square feet more or less. P.~,.RCEL #17 and 1~ Easement Area graated by Parcel 17 Owner: Th~- West 40 feet of the North ½ of the SW 1/4 of the SE 1/4 of Section .18, Township 49 South, Range 25 East, Collier County, Florida, containing 26,408 gquare feet more or less. Easement Area granted by Parcel 18 Owner: The West 40 feet ofthe South ½ ofthe SW 1/4 of the SE 1/4 of Section 15, Township 49 South, Range 26 Fast, Collier County, Florida, containing 26,408 square feet more Or Jess. I EXECUTIVE SUMMARY RESOLUTION TO ESTABLISH A "NO PARKING" ZONE ALONG CAPRI BOULEVARD AS PLATTED IN ISLES OF CAPRI SUBDIVISION, PLAT BOOK 3, PAGES 41, 46, 52 AND 66; APPROXIMATELY SLX (6) SIGNS WILL BE NEEDED AT A COST OF $100 EACH FOR A TOTAL OF $600. OBJECTIVE: To obtain approval of the Board of County Commissioners (Board) to establish a "No Parking" zone along Capri Boulevard as platted in Isles of Capri Subdivision, Plat Book 3, Pages 41, 46, 52 and 66. CONSIDERATIONS: Upon the request of residents that a no parking prohibition be established along Capri Boulevard in the platted subdivision known as Isles of Capri, the Transportation Operations Department conducted a site investigation. Based on the roadway geometry and layout of the subdivision, it is apparent that any obstruction to Capri Boulevard could seriously hinder emergency traffic. It is, therefore, recommended that the Board prohibit stopping or parking along Capri Boulevard from Williams Marina following the curvature of the roadway for 150 feet (75 feet on either side of the centerline of the roadway curve), and for 50 feet on either side of the centerline of the Isles of Capri Fire Station. It is estimated that the cost for installation of new signs is $600 (six signs FISCAL IMPACT: ~ $100 each). Funds are available in Road and Bridge Fund 101. GROW'TH MANAGEMENT IMPACT: None RECOMMENDATION: Department of the parking restriction on Capri Boulevard, Operations Department to install the appropriate signing. PREPARED BY: 'E,T REVIEWED BY ~'-~ Attaclmaent: That the Board adopt the attached Resolution, notify the Sheriff's and direct the Transportation Nort~a~. Feder, Resolution / Director Administrator DATE: ~'~ / APR 0 8 2003 1 .2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 45 47 48 49 .~2 53 RESOLUTION NO. 2003- RESOLUTION TO ESTABLISH A "NO PARKING" ZONE ALONG GRIFFIS HIGHWAY, COMMONLY KNOWN AS ISLES OF CAPRI BOULEVARD, A PLATTED PUBLIC ROADWAY IN THE ISLES OF CAPRI SUBDIVISIONS. WHEREAS, on May 20, 1980, the Board o/,County Commissioners (Board) adopted Collier County Ordinance No. 80-47, as amended, regUlatin~ parking in the unincorporated areas of Collier County; and WHEREAS! Section Four, Paragraph 2, of said Ordinance authoriTM the Board to adopt resolutions designating certain areas along county roads as being areas in which parking, standing or stopping are restricted or prohibited, and upon adoption of said resolutions by the Board, such roads shall be posted with signs specifying the restrictions or prohibitions of parking, standing, or stopping; and WHEREAS, a request has been submitted for the establishment of a "No Parking" zone along portions of Griffis Highway, commonly known as Isles of Capri Boulevard, a platted public roadway in the Isles of Capri #1 Subdivision recorded in Plat Book 3, Page 41, in the Isles of Capri #2 Subdivision recorded in Plat Book 3, Page 46, in the Isles of Capri #3 Subdivisiofi recorded in Plat Book 3, Page 66, and in the Isles of Capri Business Section Subdivision recorded in Plat Book 3, Page 52 of the public records of Collier County; and WHEREAS, through an investigation of the area by the Collier County Transportation Operations Department, it has been determined to be in the interest of the county to establish a "Nb Parking" zone along portions of Griffis Highway, commonly known as Isles of Capri Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF CO[.LmR COUNTY, FLORIDA, that the following county road right-of- way be designated as a "No Parking" zone and said road be posted as necessary with signs specifying that parking is prohibited at any time in the following areas: "NO PARKING" is to extend along Isles of Capri Boulevard beginning at Williams Marina and following the curvature of the roadway for 150 feet; and "NO PARKING" is to extend 50 feet on either side of the centerline of the~tsles of Capri Fire Station. The effective date of the resection shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. TI-tiS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONF_aV~ COLLAR COUNTY, FLORIDA BY: BY.' Approved as to form and legal sufficiency: TOM ~G, Chairman Heidi F. Ashton Assistant Collier County Attorney APR 0 8 2O03 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 IN THE AMOUNT OF $86,$09.20 TO AJAX PAVING INDUSTRIES, INC. FOR THE GOODLETTE FRANK ROAD PROJECT, FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134. OBJECTIVE: To obtain Board of County Commissioners approval of Change Order No. 2 in the amount of $86,509.20 to Ajax Paving Industries, Inc. for the Goodlette Frank Road Project, Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. CONSIDERATION: On October 22, 2002, the Board of County Commissioners approved the contract with Ajax Paving Industries, Inc. for the Goodlette Frank Road Project, from Pine Ridge Road to Vanderbilt Beach Road (Agenda Item 10C). This Change Order represents the following changes to the contract: 1) Added additional Maintenance of Traffic to relocate existing traffic outside planned work area. 2) Revising the inlet top types, necessitated due to the relocating of utilities in order to construct the project, resulting in deducts and additions. 3) Coring existing asphalt to determine the additional embankment needed and to analyze the Pine Ridge Road intersection for overbuild in lieu of total reconstruction. 4) Removal of existing strain pole foundations. 5) Added actuated solid state traffic controller. 6) Changes in the sanitary sewer, raw water and reclaimed water lines, resulting in a deduct of $1,734.40. .~ISCAL IMPACT: Roads Increase Water (Decrease) Sewer (Decrease) Reclaim Water (Decrease) Total Change to Contract Changes to the contract are as follows: $88,243.60 Gas Tax & Impact Fees, Project 60134 $ (510.80) UserFees, Project 70028 $ (1,003.50) User Fees, Project 73028 $ (220.10) User Fees, Project 74028 $86,509.20 GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #65) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 2 in the amount of $86,509.20 to Ajax Paving Industries, Inc., for the Go0dlCtt$ Frank Road Project, Project No. 60134. AG,IFrND~, ITF.~ . APR 0 8 2003 SUBMITTED BY/~~. ,~ Lif~R. Tl~.orpe, P.E., Principal Project Manager Gregg R. Strakaluse, Director, T.E. & C.M.D. Roy An/~rs0n, P.E., Director, P.U.E.D. Steve CarOl, I~ector Norman/E. Fe.d~r, AICP, Administrator Tran//.~portation Division DATE:~- ~'~ ~ DATE:~O DATE: DATE: 3t~x-~_~ DATE: AGENDA ITEM,_/ APR B 8 211}3 Pg. Z CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette Frank Road PROJECT #: 60134 BID/RFP #: MODIFICATION #:. 2 NAME OF FIRM: Ajax Paving Industries, Inc. CONTRACT AMOUNT: ORIGINAL $12,496,051.66 CURRENT $ 12,681,421.59 CURRENT COMPLETION DATE(S): ORIGINAL: t0121104 CURRENT: 10121104 SUMMARY OF PROPOSED CHANGE(S): Revising inlets to facilitate utility installation, now.. detour to to facilitate construction, road coring to determine additional embankment and to eliminate complete re-build of the Pine Ridge Rd.IGoodlette Frank Rd. intersection, added an actuated traffic controller, removal of signal foundations that were in conflict with underground drainage and utilities: and realizing a cost savings by eliminating steel casings and adding concrete encasements. JUSTIFICATION FOR CHANGE(S): The proposed changes in some cases will save the County money and facilitate the construction of the road and the underaround utilities. PARTIES CONTACTED REGARDING THE CHANGE: Ajax Paving Industries, Mid- Continent Electric, Tom Deer (PBSJ) IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPRO~.~. ~'--- Date: DISAPPROVE: Date: COMMENTS: 11107/02 AC..-~. N DJ~ ITEM, No._ APR 8 8 2003 pg. --~ CHANGE ORDER #02 TO: Mr. BarryS. Roberls Ajax Paving lnduslxies Inc. 10501 Six Mile Cypress Pk~w, Suite 108 Fort Myers, FI. 33912-6400 FROM: Collia' Co,my Transpoffation Engineering & Conslmclion Management Department 2675 South Horsesho~ Drive, Suite 8401 Naples, Florida 34104 P.O. No.: 4500002260 Project Name: Goodlette Frank Road Widening Project No.: 600134 Construction Agreement Dated: Bid No.: 02-3434 Chanl~e Order No.: Two (2) Date: 3/5/03 Change Order Description: (s.~ Attached Change Ordm' Summary) Original agreement amount ............................................................... $12,495,051.66 Sum of previous change orders amount ............................................ $ 99,860.73 This Change Order Amount [add] .................................................... $ 86,509.20 Revised Agreement Amount .......................................................... $12,681,421.59 Original contract time in calendar days to substantial ............... 6900 daySday Adjusted number of calendar days due to previous change orders. This change order adjusted time is ....................................... 0 da Revised Contract Time in calendar days substantial 790 days Original Notice to Proceed dale .................................................. December 02, 2002 Completion date based on original contract time ......................... Octob~- 21, 2004 Revised completion date ............................................................. October 21, 2004 Revised completion dale to final ..................................... November 20, 2004 Your acceptance of lhis change order shall constitute a modification to our Agreement and xxill 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 acceplance. The adjustment, if any, to this Agreement shall constitute a thll 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 cos~/~ / Den~ti~f~ ~°ject Enginecr Con'ti, Project I~anager Reviewed by: .... t, '~.' ~,~ .... ~ ~ , Date: '.-/?/c ~ Roy B. Anderson, P.E., P.U.E.D. Director ? _..Eyn~-"R. Thorpe, P~, Principal Program Manager Date: Barry S. Roberts, Project Manager, Ajax Paving Industries, Inc. AGENDA ITEM. APR O 8 2003 Po. OZO~- AGEND~ ITEM,. No. I(e t'% -'1 APR I] 8 2003 Pg. ~ APR 0 8 2003 pg. · ~> Change Order # 2 Summary ROADWAY I)a¥ Items 425-1-.311 INLETS, TYPE P~I (<10') Pay Item removed from cot~t~act. Design Cltwnge 425-1-321 iNLETS, TYPE P-2 (<!0') Pay Item removed from cont'~act. Design Cbnnge 425-1--411 INLETS, TYPE 3-1 (<10') Pay llem added for construct ability to minimize potential conflicts. Design Change 425-1-412 INLETS, TYPE J-I (>10') Pay Item removed from cm~tract. Design Change 425-1-421 INLETS, TYPE .]-2 (<10') Pay Item removed ~om ccmtract. Desit,,n Change New Pa.y liems i0! -2-1 SPECIAL DETOUR ~DETOUR I) Do to a Desigxi conflicl with th~ Road~ay & Construction work. It was necessary to alter the MOT in order to relocate t~:a~c outside the plann~ work area. Design Change $ 50~950.00 increase 425-1-351 I N LETS, 'FY PE P-5 ~<i Pay Item added for construct ability to mhdmize polential conflicts. Design Change $ 228~8!3.40 Increas~ 425-1-351 INLETS, TYPE P-6 (<10') Pay Item added for construc~ ability to minimize potential conflicts Design Change $ 87~469.00 Inere~s~ 425-1-451 INLETS, TYPE J-I (<10') Pay ]tern added for construct abilfly to minimiz~ pot~mial confli~a Design Change S 45~507.44 Increa~ 425-i-452 INLETS, TYPi~ J-! (>10') Pay Item addexl for co~sLmct ability to minimize pmenlial conflicts Dea'ign Chnnge $ ?~650.28 inerea~ 425-1-461 INLETS, TYPE J-2 (<10') Pay Item added for con..nru~ ability !o minimi~ poteatial confli~s D~s~gn Chnnge S 28~974.40 lacrea~ 999-002 EXTRA WORK FOR MOT FOR CORING AN&YLSi$ Pay item add~l to ~h~ eonwaet fo£ MOT for lbo ¢orin~ op~ation porform~ to inv~ti~at¢ undm'lying baa~ material and lhickness of asphalt o~ C_~oodk~tl~Frank Road. Documented witl~ time and materials $ 2997.38 Increase AG, EN D~. ITEI~. I APR 0 8 2003 Po. 7 SIGNALS Pay Items · 670-~.! I 0 ACTUATED SOLID STATE CONTROLLER ASSEMBLY (T~2 TYPE 1) Plan Eh'or. There was a discrepancy between sheet T2 of 20 (Su~nmary of Quam. ities) and sheet T5 o1'20 (Pine Ridge Intersection Plan Sheet). Plan Error S 13~74.52 Increase New Pay Items 69~33-1 REMOVAL OF SIGNAL FOUNDATION This pay ~ was added to ~ cmmm:t to r~movc signal poles with 48" concrete encasement. Price n~i~! w#& ~e ~ontmoor. S 9~1.70 increase UTILITIES Pay Items FM-13 30" STEEL CASING, OPEN CUT Pay Item reduced to offset ~!lc concrete cn~ascment Rcm. WM-16 ~6' STEEL CASING, OPEN CUT Pa)' Item reduced to ot'l~ct the concrete encascmcnt item. EM-i i STEEL CASING 36~, OPEN CUT Pay item reduced Io offset the concrete encasement item. New Pax' Items · FM-21 CONCRETE ENCASENMENT 16" IN LIEU OF STELL CASING Protective option added to assist in lhe conflict resolution of the new utilities. Price negotiated with Ihe contractor. $ 18~060.00 Increase · V~'M-35 CONCRETE ENCASENMENT 24' IN LIEU OF STELE CASING Protective option added to assist in the conflict resolution of the new utilities. Price negotiated wu& the t retractor. $ 29,081.~0 Increase EM-16 CONCRETE ENCASENMENT 20" IN UEU OF SI'ELL CA~iNG Protective option added to as~is~ in the conflic~ resolution of the new utilities. Price negothtted witk tire comtt~ctor. $ 9327.10 Increas$ AGENDa. ITEM APR O 8 2063_ EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISIONERS APPROVE THE BUDGET AMENDMENT FOR THE LELY GOLF ESTATES BEAUTIFICATION MSTU FOR THE PURPOSE OF IRRIGATION AND LANDSCAPE IMPROVEMENTS TO THE MEDIANS ON ST. ANDREWS BLVD., PEBBLE BEACH BLVD., AND FOREST HILLS BLVD. OBJECTIVE: To obtain Board approval of a Budget Amendment for the Lely Golf Estates Beautification MSTU for the purpose of Irrigation and Landscape Improvements to the medians on St. Andrews Blvd., Pebble Beach Blvd., and Forest Hills Blvd. CONSIDERATIONS: The Lely Golf Estates Beautification MSTU Advisory Committee voted at their December 19, 2002 meeting to request staff to proceed with a Budget Amendment to move $28,000.00 from the Reserves for Contingencies to the Operating Budget to pay for replacement of the existing irrigation system which is failing due to its age and creating extensive and expensive monthly repairs to be necessary. i'.~,FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $28,000.00 from the Lely Golf Estates Beautification MJTU Reserves. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: Growth Management will not be affected by this budget amendment. RECOMMENDATION: That the Board approve the Budget Amendment in the amount of $28,000.00 for the Lely ~ Est~ates B/~}utification MSTU to transfer funds from Reserves. SUBMITTED BY: ~'~/~ DATE: Bo,bl~,~Petersen, Project Manager, Alternative Transp. Modes DATE:~ REVIEWED BY: ~\v~ - Modes Diane'~/~agg~,Difqctor, Alternative 'l'ransp. APPROVED BY: 'q .~._~- ~'"" DATE: Nc~mxfin E. Feder, AICP, Transportation Administrator / AGEND~ ITEM~ APR 8 8 2003 pg. ~ 83/21/2003 FRI 15:18 Services Beau t¢,'ca 'on Ado, ory ~ oo~/oo3 Meeting Called to Order at 4:03 pm. Location: Transportation Road Maintenance Conference Room. Attendance Taken: Present - Robed Cole, Bill Erickson, Ron Torp, Tony Branco and Bob Slebodnik, members; Bob Petersen, Transportation Road Maintenance; Robert Kindelan, Commercial Land Maintenance; Mike McGee, McGee & Associates. Jacqueline Silano, recording secretary. MINUTES OF JANUARY 16, 2003: Bob Cole moved to accept the minutes as amended; seconded by Ron Torp and carried unanimously. LANDSCAPE MAINTENANCE REPORT A. Robed Kindelan advised that regularly scheduled maintenance has been performed. The Pebble Beach renovation has been routine except the control wiring had to be abandoned in order to convert to the two-line system. All the median tips had to be dug up and some plant material replaced. /he sleeves were plugged with dirt and water had to be injected to clear every tip, Apparently there is no power at the meter and Florida Power and Light is looking into it. It appears that the mainline pressure may not require a booster pump but one will be installed if needed. It costs $19,970.39 for these improvements. C. There is a dead Carpenteria on Pebble Beach and a dead Oueen P~tlm on Doral that will need to be removed. o LANDSCAPE ARCHITECT'S REPORT A. Mike McGee reviewed the project and had no major concerns. B. Mr. McGee provided a written estimate for the renovations. Phase I, Pebble Beach Boulevard medians 14 - 19 cost $29,135.15; Phase I1, St Andrews Boulevard and Forest Hills Boulevard medians 3 - 12 will cost approximately $68,000 with a $6000 adjustment for median 5. Additional options to convert the conlroller system to Collier County central control system would cost $17,200 but can be done any time. A lengthy discuss;on ensued. ALTERNATE TRANSPORTATION MODES REPORT A. Copies of the current budget statements were provided and ~, 03/21/2003 Fill 15:18 Bo FAll Bob Petersen provided copies of a legal description identifying the ditch that drains storm water from the medians. This right of way will now be maintained by the Road Maintenance Department. Legal documents for the easement is being processed. Co Mr. Petersen advised that his department has been reorganized and his area is now called Alternate Transportation Modes under the direction of Diane Flagg. They will be relocating their offices. HOUSEKEEPING ITEMS Ao Mr. Slebodnik provided copies of his correspondence with Mr. Glen Price, Senior Field Supervisor, Collier County Road and Bridge Department, regarding the aforementioned ditch and drainage problems. A copy of a letter from Brad Davis, General Manager of the Hibiscus Golf Club, granting righl of way to the County was also provided. Mr. Slebodnik met with Sharon Newman on February 3"~ and provided copies of her e-mail to him regarding the allocation of Transportation staff time charged to this MSTU. The items were reviewed at length. Concerns were the charge for nine man-hours per month for clerical and the 30 per cent overhead charge. Bob Petersen said that the charges are being reviewed and he anticipates more equitable charges. ]-he group felt that maintenance fees that used to be incurred prior to the MSTU should be credited to these fees. Bob Slebodnik met with Vel Prince and Bob Petersen at the Baltusrol monument. He noted that George Ramsey, President of the Lely Civic Association, would pay for the new signage out el their budget, After clean-up, volunteers will landscape the area using donated plant-s and mulch. After some discussion, Ron Torp moved to rescind the motion made by a previous board to destroy the monuments; the motion was seconded by Bill Erickson and camed unanimously. It was estimated that it would cost approximately $500 to clean up the Baltusrol monument area. Bill Erickson made a motion authorizing the expenditure of up to $500 for this purpose; seconded by Ron Torp and carried unanimously. 9. NEW BUSINESS project. When the entrance areas on St, Andrews are improved, property owners will hopefully improve their propcrty at the same MSTU initiates its project. Bob Slebodnil( met with Robert Crow, director of Buena Vide, who has agreed . to a partnership for the improvements to that area. He also plans on meeting .with John Lowdermilk, the property manager of the Lely Square. When the entrance areas on St. Andrews are improved, private property owners will hopefully improve their property at the same time our MSTU initiates its 3rivate Iime .eJ31END~ ITEM No.__~_~[~ -2- APR 08 2(}03 03/21/2003 FRI 1S:19 FAX Mike McGee presented a concept drawing for the improvements to the U.S. 41 entrance. He estimated that with decorative lighting, the 5 foot concrete sidewalks for both sides of the road would cost approximately $36,138. If brick pavers were used and the width of the walkway was 8 feet, the cost would increase to $48,563. He estimated the lighting to be $2_2,500. Bob Petersen will provide the committee with information about the Pathway Advisory Committee at a future meeting There was a lengthy discussion regarding funding for the future projects. It was estimated that after October 1st, a $40,000 loan would be needed. As the loan will not be needed right now, Bill Erickson moved to rescind apnor motion requesting the loan and a budget amendment utilizing reserves. The motion was seconded by Bob Cole and carried un&nimously. Bob Cole made a motion requesting a budget amendment to move $28,000 from Reserves to Operating funds; seconded by Bill Erickson and carried unanimously. Based on the budget amendment, Bob Cole made a motion to proceed with the ~mprovements to Forest Hills Boulevard; seconded by Bill Erickson and carried unanimously. As there was no further business to discuss, the meeting was adjourned at 5:25 p.m. the next scheduled meeting will be held Thursday, March 20'" @ 4:00 p.m. at the Transportation Road Maintenance conference room on South Horseshoe Drive. ~00: i/003 AGENDA ITEM: No. ,; APR 0 8 20031 EXECUTIVE SUMMARY APPROVE FLORIDA POWER AND LIGHT LUMP SUM AGREEMENT TO RELOCATE 36 POLES ON IMMOKALEE ROAD FROM TWIN EAGLES TO WILSON BOULEVARD, PROJECT NO. 6001. (FISCAL IMPACT $90,729.00). OBJECTWE: To receive Board approval for a lump sum relocation agreement in the amount of $90,729.00 with Florida Power and Lighl (FPL) to proceed with relocating 36 poles from a private easement on Immokalee Road between Twin Eagles and Wilson Boulevard, Project No. 60018. CONSIDERATION: Typically, FPL relocation costs are paid by FPL, since they generally occupy our right-of-way. However in this case, the existing FPL lines requiring relocation are located in an existing FPL casement. Florida Power and Light (FPL) understands that this cost is based on Collier County's plans which are dated August 2002 and also agrees that any scope of work changes listed below will result in Florida Power and Light providing a revised lump sum cost which Collier County is obligated to pay. Collier County understands that thc cost of $90,729 is valid only for 180 days. FPL agrees to complete relocation within 150 days. The scope of work changes is: 1. Change in Collier County's plans/schedule which will affect FPL's relocation. 2. Any error in Collier County's plans which will affect FPL's relocation. Additional terms and conditions are contained in the proposed agreement. (See attached). Staff has reviewed the terms of this agreement and has determined they are reasonable. CTISCAL IMPACT: Funds in the amount of $90,729.00 are available in the Transportation Supported Gas Tax and Impact Fee Funds to pay for the road portion. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a Lump Sum Relocation Agreement with Florida Power and Light, for the relocation of 36 poles on lmmokalee Road, and authorize the Chairman to execute the agreement on County.. APR 0 8 2003 Pg. ~ ,. Principal Prpject ~anager APPROVED B~eg~R' gm , . . -- Director, T.E. & C.M.D. Steve-Cfiffeli, Director Purcha~g/Gene~l ~ervices Nor~a/fi E. Feder, AICP . Adm;istrator Transportation Division DATE: DATE: DATE: AGENDA ITEM .o. APR O 8 2003 Pg. ~ LUMP SUM RELOCATION AGREEMENT Applicant COLLIER COUNTY agrees to pay FPL the lump sum amount of $90,729 to relocate 36 POLES IN PRIVATE EASEMENT ON IMMOKALEE RD FROM TWIN EAGLES TO WILSON BLVD. Applicant understands that this cost is valid for 180 days from the date of this agreement and is based on the Applicant's plans which are dated 8/02. Applicant also agrees that any scope of work changes listed below will result in FPL providing a revised Lump Sum cost which Applicant is obligated to pay. These scope changes are: 1. Change in Applicant's plans/schedule which will affect FPL's relocation. 2. Any error in Applicant's plans which will affect FPL's relocation. Applicant agrees to pay FPL in advance the full Lump Sum amount for this relocation. This Lump Sum amount is non-refundable, provided, however if this agreement is terminated or indefinitely suspended, the Applicant shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore FPL's facilities to complete operation capability and FPL shall refund the balance. Applicant acknowledges that high voltage electric lines are located in the area of Applicant's project and agrees to warn its employees, agents, contractors and invitees, new and experienced alike, of the danger of holding on to or toucl~in~ a cable or other piece of equipment that is located or working clo~e to any overhead power line and to use all safety and precautionary measures when under or near FPL's facilities. Applicant acknowledges and agrees that it has read and will comply with the Notification of FPL Facilities attached hereto. Limitations of Liability. Neither Party shall be liable in contract, in tort (including negligence), or otherwise to the other Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed, for loss of use or under utilization of the Party's facilities, or loss of use of revenues or loss of anticipated profits resulting from either Party's performance, non-performance, or delay in performance of its obligations under this Agreement.. Indemnification. The Applicant shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or affiliates and their respective officers, directors and employees (collectively "FPL Entities") from and against any liabilities whatsoever, occasioned wholly or in party by the negligence of the Applicant, its contractom, subcontractors or employees, including attorney fees, for injury to or death of person(s) and property damage azising or resulting in counection with any activity associated with work or service under this Agreement, EXCEPT iftbe liability arises out of a claim made by an employee of the Applicant, its contractors or a~signs, the Applicant shall indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL Entities. The Applicant's obligation to protect, and hold FPL Entities free and unharmed agaln~t such liabilities shall be subject to the limitations set forth in Section 768.28 (5), Florida Statutes, except in the event Applicant pumhases insurance covering the liability with limits in excess of the statutot~j limits, then Applicant's said obligations shall extend up to but shall not exceed the limits of that insurance. Applicant's costs of defending FPL Entiti~ including Applkamt's attorneys' fees, are excluded from and are in addition to tho aforesaid limitation of liability for injury, death and property damage. Insurance. If the Applicant utilizes its own pe~onnel in th~ construction or maintenance work around the subject Facilities, the Applicant shall furnish FPL with evidence of insurance maintained by Applicant ins,~ from liabilities assumed under the above indemnification. Said insurance shall conUdn a broad forn endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and affiliates respective officers, directors and employees to be named as additional named insured on the an FPL Group Company ~DA ITEM APR 0 Il 2003 pg. Applicant's comprehensive general liability policy. Such liability coverage shall be primary to any liability coverage maintained by_ ,o~ on behalf of FPL up the $1,000,000 limit of liability. In the event that the policy is on a "claims made" basis, the retroactive date ofthe policy shall be the effective date of this or such other date as to protect the interest of FPL and the coverage shah survive the termination of this Agreement until expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort (currently, five years). If coverage is an "occurrence" basis, such insurance shall be maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or materially altered without at least thirty (30) days written notice to FPL. The Applicant shall provide FPL with evidence of such liability insurance coverage and the standard insurance industry from (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon reasonable request. Contractor Indenmification. The Applicant further agrees to include the following indemnification in all conltaets between thc Applicant and its general contractors who perform or are respons~le for construction or maintenance work on or aroumd the subject FPL Facilities: "The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands, liabilities and suits for bodily injuries or death ~0 person(s) or damage to property resulting in connection with the performance of the described by Contractor, its subcontractor, agents or employees. This indemnification shall extend up to but shall not exceed the sum orS1,000,000.00 for bodily injury or death of person(s) or property damage combined single limit and $3,000,000 occurrence aggregate. In the event the Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded fi.om and are in addition to the aforesaid limitation of liability for injury, death and property damage." Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the. above indemnity and further agrees to verify with its contractors that such insm-ance is in full force and effect. The Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name and address of Applicant's contractors prior to the commencement of the Relocation of FPL Facilities by FPL. FPL agrees to relocate its facilities identified above within 150 calendar days of receiving a Notice to Proceed from the Applicant. FPL shall not be respons~le for delays beyond its control and due to unforeseeable causes, such as acts of nature or a public enemy, acts of government, fires, floods, epidemics, quarantine regulations, strikes or lockouts. This agreement may be terminated at any time upon written agreement between the Applicant and FPL. Name: Title: Date: APPLICANT: By:. Print Name: Title: Date: to fora &/~l~sufftcte~c~ Assistant County £! !en To ChiM1 ATTEST: DWIGHT BY: E. BROCK , Deputy AGENDA. iTEM No. c oA,eR O 8 2003 Pg. A an FPL Group Comimny 2 EXECUTIVE SUMMARY APPROVE FINAL CHANGE ORDER AND PAYMENT FOR PROJECT #02-3366, SR84, DAVIS BLVD. PHASE II, PROJECT 060098, LANDSCAPE RENOVATION REDUCING THE CONTRACT AMOUNT TO $672,357.98. OBJECrlVE: To obtain Board approval of the final Change Order and final payment for Bid #02-3366 for SR 84 - Davis Blvd. Phase II, Project #60098, a Landscape Renovation to Hannula Landscaping, Inc. CONSIDERATION: Request Board approval of final Change Order and payment to Hannula Landscaping for the Landscape Renovation of Davis Blvd Phase II. The present contract amount is $692,040.75. The Change Order would reduce the overall contract amount by ($19,682.77). The revised contract amount would be $672,357.98. The Davis Blvd. Phase II Project was a landscape renovation project designed with the intention of preserving existing trees, shrubs, and groundcovers. Through construction, many of the shrubs were destroyed during construction or because of lack of water and needed replacement. As the new irrigation system was installed, unmarked existing utilities required relocating the pump station. Large boulders and construction debris were removed per specifications. The project installation is consistent in design throughout the 3 mile segment and consistent with the Streetscape Master Plan. .~FISCAL IMPACT: The present contract amount is $692,040.75. This Change Order will decrease the contract amount by ($19,682.77) bringing the final contract amount to amount to $672,357.98. GROWTH MANAGEMENT IMPACT: There is no growth management imPact. RECOMMENDATION: That the Board of CounTM COmmissioners approve a final Change Order reducing the overall contract amount by ($19,682.77) to a revised contract amount of $672,357.98. REVIEWED BY: ~ V~'°x r APPROVED BY: D~,~,. ~ransportation Modes Directo AGENDA ~TEM No. I1_~. (~'"~ APR 0 8 2003 CHANGE ORDER NO. 4 TO: CHANGE ORDER CONTRACT NO. Collier County Tran~oortation Ooerations 2705 Horseshoe Drive South NaPles, Florida 34104 DATE: FEBRUARY 28. 2003 PROJECT NAME: Davis Boulevard Phase II-A LandscaDe Renovation PROJECT NO.: 02-3366 P.O. NO. 206546 Under our AGREEMENT dated June 25. 2002. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Original Agreement Amount Sum of Previous Changes This Change Order (Decrease) For the Revised Contract Amount Thi~ Change Order (Add) Current Contract Amount $ 631.423.35 $ 60,617.40 $ 658.667.35 $13,690.63 $ 672.357.98 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: /~c~.~c//1 l'-)-t~k. ,2003 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DESIGN PROFESSIONAL AGENDAJTEM No. APR 0 8 2003 pg. CONTRACT MODICATION CHECKLIST FORM PROJECT NAME: Davis Blvd. Phase II - Landscape Renovations PROJECT #02-3366 P.O. Number 206546 * WORK ORDER # CONTRACT # 02-3366 CONTRACT NAME: Davis Blvd. Phase II - Landscape Renovations CONTRACTOR NAME: Hannula Landscaping CONTRACT AMOUNT: ORIGINAL: CHANGE ORDER 1: CHANGE ORDER 2- TIME EXTENSION: CHANGE ORDER 3: REVISED CONTRACT WITH OVERRUNS AND UNDERRUNS FINAL CHANGE ORDER 4: (DECREASE) (ADD) REVISED CONTRACT AMOUNT: $631,423.35 $56,592.90 $0 $4,024.50 $658,667.35 $33,373.40 $13,690.63 $672,357.98 CURRENT COMPLETION DATE (S): 147 days SUMMARY OF PROPOSED CHANGE (S) DECREASE IN THE AMOUNT $33,373.40 1) Delete 108 Yellow Alder @$7.80 each 2) Removal of Eucalyptus Mulch 3) Removal of Floratam Sod ADD IN THE AMOUNT $13,690.63 1) 136 Thryallis in median Number 1 (136 ~ $9.00) 2) 108 Thryallis substituted for yellow alder (108 ~ $9.00) 3) Add Electrical Conduit at pump station Number 3 (26' ~]~$14.90) 4) Remove 4 Sabal Palms and fill Holes 5) Remove 6 deteriorated live oaks 6) Remove green sewer pipe 7) Remove boulders over 18" Diameter (68.79 tons ~ 117.00FFon) 8) Remove stumps and fill holes (2 @ $185.00) 9) Manufacture vault brackets $842.40 $31,325.00 $1,206 $1,224.00 $972.00 $387.40 $604.80 $1,134.00 $500.00 $8,048.42 $370.00 $450.00 AGENDA. ITEM .o. APR 0 8 2003 Pg. _~ JUSTIFICATION FOR CHANGE (S): DECREASE TO CONTRACT: 1) Thryallis was not an item in the original bid list and was needed for the existing plant beds. The yellow alders were eliminated and substituted with thryallis. The base ¢~st of the yellow alder is $7.80. 2) Due to the loss of plant ~erial during construction, poor soil conditions, extension site preparation, the amount of mulch was reduced in the contract. 3) There was a decreased amount of sod needed because of the installation of an additional planting area. ADDITION TO CONTRACT: 1) 136 existing thryallis located on median one were lost due to mechanical injury during the installation of the irrigation and main irrigation lines, and lack of water. 2) 108 Thryallis substituted for yellow alder. Thryallis was not an item in the original bid list and was needed for the existing plant beds. The yellow alders were eliminated and substituted with thryallis. The base cost of the yellow alder is $7.80 and the unit cost of thryallis is $9.00. 3) Pump station Number 3 was relocated because of conflicting utilities. 4) Per change order number 4, this item was not included in the original estimate of costs. 5) Relocated live oaks from the original installation and from Davis Blvd Phase 2 died. There is no warranty for reloCated plant material. 6) Existing abandoned green sewer pipe removed for construction of the irrigation main. 7) Per the contract prices, all boulders over 18" in diameter were removed from the site and discarded. 8) Per the contract prices, 2 additional stumps were located from the previous installation, removed, and filled. 9) Substitution of vault bracket and welding required for durability and strength. PARTIES CONTACTED REGARDING THE CHANGE (S): McGee& Associates, landscape architect of record; Val Prince, previous project manager; Barbara LaPierre, Budget analyst; Mary Milat, Finance; Lyn Wood, Purchasing agent, Landscape Maintenance, Al Pesillo. IMPLEMENTATION STEPS: YES - Proposed change is consistent with the existing scope. YES - Change is being implemented in a manner consistent with existing agreement. YES - The appropriate parties have been consulted regarding the change. RECOMM . p" - -~ ~DATE: APPROVE: DISAPPROVE: DATE: APR 0 8 21 3 02/Sa/20B3 12:21 h~_LA LANDC-<2.AP I NG P~f~ DAVIS BLVD. FIN~ CHANCE ORDER ITEMS HANNULA LANDSCAPII~'G, INC. B2 ]3ase Contract Amount Change Order Number One Change Order Number Two (Time Line Extension) Change Order Number Three Subtotal Revised Contract With F~ai Ovgrruns/Underrun~ (See Attached Schedule Of Values) 631,423.35 4,024.50 $ 692,040.75 ITEMS PEN-DUNG: I. 136 Thryallis !. 105 Thryall/z For Yellow Alder 3. Add Electrical Conduit At Pump Station Number Three. (26' L.Ft. ~ $1.4.90) 4. Remove Four Sabal Palms And Fill Hole~ 5. Remove Six Deteriorated Live Oaks 6. Remove Green Sewer Pipe 7. Remove Boulders O~-er 15' Dia. (68.79 Tons ~ $117.00 / Ton) $. Remove Stumps And Fill Holes (2 ~ 9. Manufacture Vault Brackets ( Six At S75.00 Each) SWBTOTAL 9.00 9.00 1,224.00 972.00 387.40 604.80 1,134.00 500.00 8,048.43 370.1)0 450.00 $ 13,690.63 TOTAL 672.357.98 AGENDA,ITEM..., APR § 8 2003 Pg- 5 021D4/2B~3 12:21 2394985B1B Davis Blvd. Phase H Additional Work Pump Vaulta Hanuula Landscaping, Inc, HAN~_~A L/V,IL'C~C../%PIHG pACE Fabricate Brackets For Float Switches To Comply With Manufacturer Variations. No. Item Unit Total 6 Brackets S 75.00 $ 450.00 AGENDA.ITEM APR 0 8 2O03 EXECUTIVE SUMMARY RATIFY A CHANGE ORDER (NO. 8) IN THE AMOUNT OF ($21,162.19) TO TIIE K.E.R. Enterprises, Inc. (D.B.A. ARMADILLO UNDERGROUND) CONTRACT FOR THE WIGGINS PASS OUT FALL, PHASE I PROJECT, PROJECT NO. 51212. OI~ECTIVE: To receive Board of County Commissioners approval of Change Order No. 8 in the mount of ($21,162.19) to the ICE.IL, Enterprises, Inc.(D.B.A. Armadillo Underground) Contract for the Wiggins Pass Out Fall, Phase I Project, Project No. 51212. CONSIDERATION: On September 24, 2002, the Board of County Commissioners approved Agenda Item (16)(E)(10), authorizing the staff to begin contract negotiations with Armadillo Underground for the Wiggins Pass Out Fall, Phase I Project. This Change Order represents the final Change Order and is necessary to balance out the under runs and overruns of the fatal quantities. The original contract was issued to Armadillo Underground in the amount of $856,318,70. Prior approved changed orders for this contract added $50,000.46. The f'mal change order to close out the contract is for ($21,162.19) which will bring the total contract amount to $885,156.97. tr'~.'~_ISCAL IMPACT: This is a deduct change order in the amount of ($21,162.19) which ~-~ r-'~u~ee ~e ~ent contract amount of $906,319.16 to $885,156.97 and will close out the contract and project. No additional funds are needed. GROWTH MANAGEMENT IMPACT: This has no impact on Growth Management. RECOMMENDATION: That the Board of County Commissioners ratify a Change Order (No. 8) in the amount of ($21,162.19) to Armadillo Underground for the Wiggins Pass Out Fall, Phase I Project, Project No. 51212. SUBMITTED B Lyn~ R. lqn~o~e, P.E~ Princip~ Project Manager APPROVED BY: Gregg R. Strakaluse, Director, T.E. & C.M.D. APPROVED BY: . _. Mike Etelamal~, Director Transportation Road Maintenance st~v~-C~ar~ll, D~'~r - '! Purchash~General S. elhdces Norman_3E. Feder, AICP, Administrator raasportafion Division DATE: DATE:~~° DATE: ~/~ 7/0~_~ / DATE: .L APR 0 8 2003 CHANGE ORDER NO. ( 3 ) mhr~ TO: K.E.R En~mrnr~: Tn~. Armadillo Dnderground 2655 Roc~f~]] Rd. DATE: March 13 200~ EXHIBITE CHANGE ORDER CONTRACT NO. 02-3330 PROJECT NAME: Wiggins pa$$ Road o,~*F~!! Drainage Improvements Ph. I PROJECT NO.: 31212 Under our AGREEMENT dated March 12 ,2002. You hereby are authorized and directed to make the following change(s) in accordance with terms snd conditions of the Agreement: FORTHE~C~k~J~e~Deductive) Sum of:Twenty nn~ ~ho~.~ana; oneh~]nar~a sixty two and 19/100 ($21,162.19). Original Agreement Amount ~um of Previous Changes This Change Order ,.~'~) (Deduct) Present Agreement Amount 856,3]R_7n 50,000.46 885,156.97 The time for completion shall be (inc,-easedk~"~k by 23 3 calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The substantial completion date is Mar 21 0 3 and the final completion date is An~'- 4 n ~. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be perfor~ned subje-c~ 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: March 13: ,200~.. ~; CONTRACTO~ OVVNER: Keith Richmond Vice President BOARD OF COUNTY COMMISSIONERS DESIGN PROFESSIONAL By: GC-CA'E-1 AGENDAITEbld-> NO. APR 0 8 2003 pg. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Wi.q.qins Pass Road Outfall Draina.qe Im. Ph. 11 PROJECT #: 51212 BID/RFP #: MODIFICATION #: 3 NAME OF FIRM: K.E.R. Enterprises~ Inc. dlb/a~ Armadillo Underground CONTRACT AMOUNT: ORIGINAL $ 856,318.70 CURRENT $885,156.97 CURRENT COMPLETION DATE(S): ORIGINAL: N/A CURRENT: Apdl4, 2003 SUMMARY OF PROPOSED CHANGE(S): The purpose of this Chan.qe Order is to close out the proiect and balance out the bid items and dollars. JUSTIFICATION FOR CHANGE(S):AII proiects, at the time of completion, require a balancin.q Chanf:l. e Order since od.qinal bid quantities are never the same as final quantities. PARTIES CONTACTED REGARDING THE CHANGE: John Conti, Keith Richmond (Armadillo Under,qround), Ralph Andrew II (Armadillo Under.qround) IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT ~/~E,~MMEN DATION= DISAPPROVE: Date: COMMENTS: 11107/02 AGEND,~, ITEIL/F~ APR I)8 2003 Pg. ~ ARMADILLO UNDERGROUND #CU-CO41534 2655 RockfllI Road, Fort Myers, FL 33916 (941) 334-1722 FAX (941) 334-4372 T O CONTACT: PHONE: FAX: TERMS: Change Order Transpodation Services Division J Wiggins Pass Out fall 2675 S. Horseshoe Dr., #401 O Change Order No.: Naples, Florida 34104 B Phase I Collier County #3 Lynn R. Thorpe, P.E. DATE: March 26, 2003 774-8192 CONTRACT TIME CHANGE ( + ) 233 774-9370 - Net 10th of the month following invoice date DAYS. CHANGE ORDER SUMMARY PER ATTACHED SCHEDULE: Adjusting Quantity Gusset brackets Remove and replace Type "E" Curb Project Shut down Project Restart Cost CHANGE ORDER TOTAL: ($65,715.86) $1,354.50 $1,305.95 $38,266.16 $3,627.06 ($21,162.19) This change order includes simple slope trench safety. There will be additional charges if impassable rock and/or unforeseen conflicts are encountered. · Note: An additional 10 days will be requested if Additional bacteriological clearance is required. EXCLUSIONS: The following items are excluded from the price of this change order unless specifically mentioned: utility deposit fees, permits, tapping and/or connection fees, impact fees, taxes, fill dirt, grading, sod and/or seed, construction layout, engineering services, soil & material testing, asphalt repair, base material and/or repair, concrete repair, curb inlel tops, maintenance of traffic, erosion control, bonding, power supply to lift station control panel, clearing and grubbing, demolition, fire alarm tamper switches, fence, and/or surface restoration. TERMS: Payment is due as stated above with an approved account. Accounts over 30 days will be subject to a monthly service charge of 1.5% monthly (18%A.P.R.). If it becomes necessary to undertake any legal process to collect payment due for material and/or services, purchaser agrees to pay in addition to any costs or damages, a reasonable attorney's fees incurred by seller. Both parties agree a fax copy to be legally binding. PROPOSED BY: .~ ARMADILLO UNDERGROUND. /// KEITH E. RICHMOND ESTIMATOR SIGN: NAME: TITLE: DATE: Page I ACCEPTED BY: AGE. ND~ITEM No._ It~ APR O 8 2003 Pg' 1 -- ARMADILLO UNDERGROUND Schedule of Values Change Order Project: tWiggins Pass Out fall Phase I C.O. Date: March 26, 2003 Uhange Order #: !Collier County/13 Engineer: [A~ri'oli Barber & Brundag¢ t Item t Item ' ' Bid umt i Extended No, i Description .: Quantity Unit Price Amount ! Adjusting Quantity _ ' I 104--10-1 ,Bailed hay or straw barrier -87 Ea $10.50 ($913.50) t20-4 Subsoil Excavation .. - 1000 Cy $6.80 ($6,800.00) 121-70 Flowable Fill -494.5 Cy $ lO 1.30 ($50,092.85) 400-2-2 'Concrete C1 II (Endwalls) -10.03 Cy $1,173.00 ($11,765.19) 415-1-1 t~ Reinforcing Steel -374 Lb. $0.90 ($336.60) 430-190-123 Relay Existing 15" RCP _ -50 Lf $33.20 ($1,660.00) 430-830 "IPIug Existing pipe -i Ls i $962.00 ($962.00) 530-1 iRip Rap sand cement ~ -3 CyI $353.00 ! ($1,059.00) 570-5 iFertilizer ! 0.Il Tn i $1,293.00 t $142.23 575-1-3 :Sodding (Bahia) i 5163 Sy I $1.70 ~ $8,777.10 575-I-4 Sodding (St. Augustine) I 638.78 ,~ Sy i $3.40 $2,171.85 Utility Locates as needed 1 i Eal $265.00 $265.00 ~ Conc Boxculvert ] -4 Lf $293.00 ($1,172.00) 410-70 l['r'e~a~ DR18 Water main I, -18 ~1 L f* $18.40 ($331.20) $648.00 (S648.00) 6" Gate valve i -1 Ea CO#1-3 Field Density test! -44 Ea $16.10 ($708.40) C O# 1-4 Modified Proctor ~ -2 Ea $80.50 ($16'1-.00) CO#2-8 i15" Class Ill RCP i -3 Lf ~ $33.20 ($99.60) CO#2-1l 118" Class III RCP ! -9 ! 'Lf i $40.30 ($362.70) [ Adjusting Quantity Subtotal:t '~ii I ($65,715.86) 't, Gusset brackets Equipment: Cat 416B 4X4 robber tire backhoe 5.00 hr $20.70 $103.50 . 1-ton foreman Iruck w/tools 5.'00 hr $17.00 $85.00 Total Equipment: $188.50 Foreman Labor: [ ' w/burden 5.001 hr ,i $27.601 $138.00 t Loader / rubber tire loader operator 5.00 hr $16.~ ~ $82.80 Laborer w/burden 5.00 hr $ t ~. 18 $75.'90 Overhead & Profit Factor 1.100 Total Labor: , ~2"6.37 Materials: · ~ APR Collier #3 031~6t2003 p§. ARMADILLO UNDERGROUND Schedule of Values Change Order Item t Item Bid Un/t Extended No. I Description Quantity Unit Price Amount Gusset Brackets ' ' with bolts 1.00 Ls $1,060.00 $1,060.00 i Overhead & Profit Factor 1.100 i Total Material: $1,166.00 I Gusset brackets Subtotal: $1,354.50 Remove and replace Type "E" Curb t Equipment: Cat 416B 4X4 rubber tire backhoe 2.00 ! hr $20.70 $41.40 l-ton foreman truck w/tools I 2.00 hr $17.00 $34.00 Dump truck 70,000 lbs, GVW 2.50 hr $45.00 $112.50 ; Total Equipment: 1 $187.90 ' Labor: Foreman w/burden 2.00 hr $27.60 $55.20 ILoader / rubber tire loader operator 2.50 I hr $16.56 $41.40 iLaborer w/burden I 4.00I hr $15.18 $60.72 -- 'Overhead & Profit Factor ! Total Labor: i i [ $173.05 i Services t Type"E" Curb , 100.00 . Lf : $8.50 i $850.00 Disposal Fee 1.00 i Ls $50.00 $50.00 ]Overhead & Profit Factor [ 1.050 I Total Services: t $945.00' Remove and replace E curb Subtotal: $1,305.95 Project Shut down i Equipment: IKomatsu WA250-1 wheel loader 51.00 I la' $31.37 $1,599.87 Komatsu WA250-1 wheel loader (Rental) 31.00 hr $31.37 $972.47 Komatsu PC 400 LC-5 Excacator 39.50 hr $113.22 $4,472.19 Komatsu PC 400 LC-5 Excacator (Rental) 43.50 hr $74.37 $3,235.10 Cat 416B 4X4 rubber tire backhoe 3.00 hr $20.70 $62.10 ,Cat 416B 4X4 rubber tire backhoe (Rental) 17.00 hr $16.12 $274.04 1-ton foreman track w/tools 75.50 hr $17.00 $ 1,283.50 !Broom Sweep 23.50 hr $6.90 $162.15 iBroom Sweep (Rental) 52.00 I hr $5.62 $292.24 i Reversable Plate compactor 0.00 Collier#3 03/26/2003 AP~ 0 8 2003 ARMADILLO UNDERGROUND Schedule of Values Change Order Item ! Item t Bid Unit Extended No. i Description t Quantity Unit Price Amount ' iI~eversable Plate compactor (Rental) [ 0.00 hr $~.50 $0.00 Dun~p Truck 70000 Lbs GVW 45.'00 hr $37.42 $1'1'683.90 Flat bed truck 22.50 hr $23.25 . $523,13 . Total Equipment: i $14,560.68 · ., I LabOr: i Foreman w/burden ; 75.50 hr I $27.60 . $2,083.80 tExcavato~operatorw/burden l, 44.50i hr : $18.63I '$829.04 ILoader / rubber tire loader operator i 51.00 I hr $16.56 ! $844.56 ~Laborer w/bur'den i 251.00 hr $15.18 I $3,810.18 IFlaggers t 100.00 hr[ $12.75 $1,275.00 Administrative '~ lOverhead & Profit Factor i 2.90 hr $50.00 $145.00 ~ , 1.100 Total Labor: i I $9,886.33 ', '- ' Materials: ; i 9 ,.00 iAsphalt I 0.00' Tni $32.86 , $0.00 Lime Rock ' 0.00i Tn I $4.56 i $0.00 Tack i 0'00~ Gal I $2.76 $0.00 .ILip Rap 42.00 Tn i. $16.96 t $712.32 I Overhead & Profit Factor i ~ Total Material:; ! $1,796.65 "1 Material Storage: . { ~Box Culvert Storage ' 4.00 I Mo , $2,457.00 i $9,828.00 t Total Material Storage: [ ~ ! , I $9,a2a.00 r Flint and ~ .... Lease Trueifing: Doyle Inc. 26.00 Hr $55.00 $1,430.00 H & R Trucking 6.00 Hr $110.00 $660.00 ~Overhead & Profit Factor 1.050 I Total Lease Trucking: $2,194.50 i Project shutdown Subtotal: $'38,266.16 ! Project Restart Cost . : Equipment: l~oma~ PC400 LC-5 ~xcavator No. I~ Collier#3 03/26/2003 APR 0 It 2003 .... ~,,~ ~M ~ rT kin n-1-1T !'I M ~I~H M pg. 7 - ARMADILLO UNDERGROUND Schedule of Values Change Order Item [ Item Bid umt Extended No.) Description Quantity Unit Price Amount _. !Cat 416B 414 rubber fire backhoe 16.50 hr $20.70 $341.55 i l-ton truck w/tools 20.75 hr $17.00 $352.73 foreman !Overhead & Profit Factor 1.075 t Total Equipment: $1,191.84 i , Labor: - iForeman w/burden 20.75 hr $27.60 $572.70 i Excavator operator w/burden 3.66 lxr $18.63 $68.18 '~ Loader / rubber tire loader operator I 16.50 hr $16.56 $273.24 Laborer w/burden 1 80.50 hr i $15.18 $1,221.99 i Overhead & Profit FactorI~ 1.100 I Total Labor: ' S2,349.72 Materials: ' . Sanitizer I 120.00 o.oo !Overhead & Profit FactOr i 1.100 i Total Material:! i $33.00 ~ Services [ Backflow Pressure test ] 1.001Ea' $50.00 $50.00 IOverhead & Pr°fit F~ct°r i1 1.050 Total Services:I i $52.50 Project restart Subtotal: ] $3,627.06 '" tColller Connty Change Order #3 Total: t ($21,16L19) Collier #3 03/26/2003 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR THE LANDSCAPE MAINTENANCE AGREEMENT WITH PINEWOOD COMMONS HOME OWNERS ASSOCIATION. FOR THE FUTURE LANDSCAPING AND MAINTENANCE ON AIRPORT ROAD AND PINE WOOD CIRCLE OBJECTIVE: To request Board approval for the landscape maintenance agreement with Pinewood Commons Home Owners Association for future landscaping and maintenance within the right-of-way on Pine Wood Circle, a county road. CONSIDERATIONS: Collier County Transportation has reviewed the landscape and irrigation plans for Pine Wood Circle. The Pinewood Commons Home Owners Association is responsible for the installation and all future maintenance according to the agreement. "IzISCAL IMPACT: There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the landscape maintenance agreement with Pinewood Commons Home Owners Association for installation of landscaping and future maintenance along Pine Wood Circle fight-of-wa.y< SUBMITTED By: L~_..~ ~C~_ ~ ~e,~~. DATE~~~ P~? ~. Lulich, A~.~L~, Landscape Project Manager, Alternative Transportation Modes · . Dian~ 1 l~al~g, Alte,mat. ive Transportation Modes Director APPROVED BY: i?~ ~'~~------ DATE: No? E. Feder, AICP, Transportation Administrator Attachments: No(.1 - Landscape Maintenance Agreement APR I] 8 2093 Pg. LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ,2003 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and the PINEWOODS COMMONS HOME OWNERS ASSOCIATION for the landscaping and hardscaping improvements and landscape maintenance of the perimeter fight-of-way on AIRPORT ROAD AND PINE WOOD CIRCLE. WITNESSETH: XVHEREAS, these sections of Airport Road and Pine Wood Circle is within both the boundaries of the County; and ~VHEREAS, the fight-of-way line of this section of Pine Wood Circle borders on the property of Pinewood Commons Homeowners Association, and WHEREAS, Pinexvood Commons Home O~vners Association, has, at its expense, provided enhanced landscaping treatment along the perimeter of Airport Road and Pine Wood Circle (hereinafter referred to as "the landscaped area"); and more particularly described as "The east 160' of Tract H, Pinewoods Subdivision, according to the Plat thereof, recorded in Plat Book 12, Page 59 and 60, of the Public Records of Collier County, Florida." WHEREAS, Pinewood Commons Homeowners Association desires to maintain the enhanced landscaping for an indefinite period of time; and WHEREAS, it is agreed to by the County and Pinewood Commons Homeowners Association, that this Agreement is in the best interest of, and is of substantial benefit to, the general public. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the parties as follows: No. I.l j APR 0 8 2003 1. Pinewood Commons Homeowners Association has, at its own expense, completed the design work for the hardscaping, including irrigation lines and drainage facilities, in accordance with Florida Department of Transportation standards, for the landscaped area. 2. In general, the Pinewood Commons Home Owners Association has installed landscaped area, and has paid for all costs associated with the landscaped area including construction and installation. Pinewood Commons Homeowners Association shall be responsible for maintenance of the said landscaping. Maintenance activities shall be in accordance with the standard Collier County Landscape Operations Section specifications, as detailed in the attached Exhibit "A". 3. Pinewood Commons Homeowners Association expressly agrees for itself not to use the hereinafter-described right-of-way in a manner, which would interfere with or adversely affect the traffic operation or maintenance of Airport Road and Pine Wood Circle. 4. Should Pinewood Commons Homeowners Association fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to Pinewood Commons Homeowners Association in writing, specifying the nature of the deficiency in maintenance. Within ten (10) working days of receipt of such notice, Pinewood Commons Homeowners Association shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to Pinewood Commons Homeowners Association, and present the bill to Pinewood Commons Homeowners Association for all actual costs incurred in effecting the repairs. Pinewood Commons Homeowners Association shall cause these actual costs to be reimbursed to the County within thirty (30) days of receipt of the County's bill. 5. Pinewood Commons Homeowners Association, as it pertains to installation, construction and maintenance of the landscaped area as Indemnitor hereunder, shall indemnify, and hold harmless the County, from any loss or damages County may suffer as a result of claims, suits, demands, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against them arising out of Pinewood Commons Homeowners Association's use of the right-of-way for the purposes set forth in to the extent such use violates the terms of this Agreement. this A~eement AGENDA ITEM ~" No. I [[~{'~ I APR 13 8 2003 6. The Pinewoods Commons Homeowners Association shall secure liability insurance in the amount of $250,000.00 in a policy acceptable to the County, naming Collier County as an additional insured. Said policy shall be in place prior to the execution of this agreement. 7. County agrees to give Pinewood Commons Homeowners Association written notice of any claims filed against ~he County in connection with this Agreement within thirty (30) days of the date that the County is aware of such claim. 8. Prior to commencing work on any improvements contemplated by this Agreenaent, Pinewood Commons Homeowners Association must obtain a right-of-way permit fi'om the County xvhich shall address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures, if any, during the time that work is perforated. Pinewood Commons Homeowners Association shall be responsible for having the permit duly executed. 9. This Agreement shall remain in full force and effect from the date it is recorded in' the Public Records of Collier County, Florida and until the earliest to occur of either: (i) the County implements any plan that modifies Airport Road and Pine Wood Circle; or (ii) the County detem~ines that the improvements cause a safety or capacity issue; or (iii) the County determines that it is in the best interest of the County to terminate this agreement. 10. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall im~re to and be the obligation of the parties and their respective heirs, successors or assigns. 11. This Agreement constitutes the entire understanding among the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 12. This Agreement may only be amended by written agreement of all parties. 13. Provided the landscaping and construction has not commenced, the County may terminate this Agreement at any time by giving Pinewood Commons Homeowners Association sixty (60) days written notice. 14. Florida. This Agreement shall be governed in accordance with the laws of the State of AGEND.~ ITEM .o. APR 0 8 2003 Pg- Z~ IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Wi'tnes's' Signature Printed name Witp~ss, Printed name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman PINEWOOD COMMONS HOMEOWNERS AS~TION L/' Signature,-) Pff'nted-name and title Ap~___proved as to form and legal sufficiency: !, ubbard Robi on "~--A~istant County Attorney H: Jackie./Transportation RLS/Landscape Operations/Landscape Maintenance Agrmt-Pincwoods NO. APR 0 8 2003 Pg. 5 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 3 TO THE IMMOKALEE ROADfl-75 INTERCHANGE CONSTRUCTION CONTRACT IN THE AMOUNT OF $190,621.29 WHICH INCLUDES A PORTION OF WORK TO BE PAID FOR BY BRENTWOOD LAND PARTNERS, LLC. (PROJECT NO. 66042A) OBJECTIVE: To receive Board authorization of Change Order No. 3 to the Immokalee Road / 1-75 construction contract in the amount of $190,621.29 which includes Brentwood Land Partners' portion ($187,632.49) of work previously identified and agreed to under joint Agreement. Specifically this portion of work includes construction improvements to the Tarpon Bay Boulevard/Immokalce Road intersection and the northbound off ramp. Thc remaining $2,988.80 will cover adjustments, revisions and additions to the Immokalee Road/I-75 Interchange portion of' the project. CONSIDERATION: On June 25, 2002, the County and Brentwood Land Partners, LLC. (Developer) entered into an agreement to cooperatively make roadway improvements to the 1-75 interchange at Immokalee Road and at the future Tarpon Bay Boulevard intersection. Also to be noted is a substantial contribution of funds from the Florida Department of Transportation (FDOT) in the amount of $650,000. The total project cost for all improvements is anticipated at $3,000,000. On July 26, 2002, the Board of County Commissioners awarded a construction contract to Better Roads, Inc. to complete the improvements. These improvements are expected to be completed by early summer 2003. The result of these improvements will substantially reduce motorist delays associated with the interchange as well as provide for controlled access to Tarpon Bay Boulevard. Along with the additional work, the contractor is also being given additional time in the amount of forty-five (45) days. The additional work being added at this time is partially related to the funding contribution ($1,400,000) recently received from the Developer and approved by the Board on November 19, 2002. Construction plans for the interchange improvements are in hand and Change Order No. 3 is being presented to the Board at this time in order to expeditiously complete all of the remaining improvements. FISCAL IMPACT: Funds for these changes have been previously been approved by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Chang¢-OrdcrzNo:. · 3 in the amount of $190,621.29 to the Immokalee Road/I-75 Interchange P ojecth'i~"the'' iTEM construction of the additional work. . . · 1 - S UBMITTEDBY:/~~ ~ ~ t Mana Lyn~R. '~'ho. rpe, P.E., ~rincipal Projec ger APPROVED BY: ~- ~ /~ ' Gregg R. Strakaluse, P.E., Director, T.E. & C.M.D. Steve Ca~{ell, Director Purch~ir~g/Gene~a~ervices APPROVED BY: ~19~.'~~-~ No(-rn/~ ~. Feder, AICP, Administrator Tra~portation Division DATE: ~~,.f DATE: DATE: MAR 51 '03 0?:55 CCNTRACT MOI~IFICAT3ON CHECKLIST FORM PROJECT NA,~IE: lm~ckalee ~oadllo75 lnterche, poe PROJECT #: ,~6042 ~I~tRFP ~: _,,0~'338~ MODIFICATION ~: 3 NAME OF F~RM: 8e~r R0ads, inc. , CONTRACT AMOUr: ORIGINAL $ ~ CURRENT $~ CURR~NT COMPLET~ON DATE(S): ~RIGINAL: 312~3 CURRENT:~__~I14103 SUMMARY OF pROPOSED CHANGE(S}: Added sinn~l~tlon at N=ffhbm~e and ~mmc~ee R ad a I 'onai ~m t the no.bound off and ~ No~hbro ke tnt mectlo correc~d ma~ armr tn C.. ~ and addltio I i~ms at theo erth~m · ~ JUST~IFtCAT;CN ~FOR CHANGE(S): Thll lnte,rsectl,on will ~uim s,iqnal~ation. ~ o~her ddiflcns a~ ,due t e~i~ln ad u~In ~ field condi ! n nd omiss on. f~ ~n~i bid, ~ns. ~ PART~E$ CONTACT=-D REGARDING THE CHANGE: ~iteve Ritter (TE._CMO), Me_rk ~eeve~son Johnson En in fin , IMPLEMENTATION STEPS tChsck each before pro~,~edin~ with change) X Proposed change is consistent with the scope of the existing agreement ~( Change is being implemented in a manner consistent with the existing agreement ~ The appropriate :carries have l:een consulted regarding the change COMMENTS: 11/07/02 CHANGE ORDER TO: Better Roads, Inc. P.O. Box 9979 5590 Shirley Street Naples, FL 34101 FROM: Project Name: Agreement Dated: Change Order No.: Immokalee Road I 1-75 Ramp Improvements Collier County Transportation Engineering & Construction Management Department 2675 South Horseshoe Drive, Suite 401 Naples, Florida 34101 P.O. No.: 4500002259 Date: March 24, 2003 Three (3) Contract No.: 02-3381 Change Order Description: This Change Order presents Pay Item adjustments and New pay Items Update and the Items required to add the Signalization Items for Tarpon Bay Boulevard improvements along Immokalee Road. For the Brentwood LLC. Also, included is a correction for an addition error discovered on change Order No. 2. Original Agreement Amount ............................................................. $ Sum of previous change orders amount .................................................. This Change Order Amount $ RevisedAgreementAmount iiiii~ii~i~i~iiii~iiiiiiii~i~iiiii~i~i~ii~ii~i~i~i $ 1,928,170.77 804,206.46 190,621.29 2,922,998.52 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 180 4O 45 265 Original Notice to Proceed date ............................................................ Completion date based on original contract time Revised Completion date ..................................................... September 23, 2002 March 22, 2003 June 14, 2003 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and 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: March 24, 2003 Dan w. Dickey, CEI Project Manager I Johnson Engineering, Inc. Dat~ Recommended by: Steve Rilter, Project Manager Date Accepted by: Bc~ter Roads, Inc. (Sign and print or type name) Approved by Lynn Thorpe PE, Senior Project Manage~ Approved by: Authorized by: Gregg R. Slrakaluse, Director/T.E.C.M. Norm Feder, Administrator/Transportation Division AGENDA ITEM , u lC) ;._,,/6 APR B 8 2003 Pg. ~ CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS PROJECT MANAGER REVIEW Document circumstances prompting the change(s) request by... a. Identifying who initiated the change request b. Identifying the nature of the change If the change is deemed justified, review the odginal contract to determine... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. The protocol for authorizing changes to the agreement Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d. The impact of the change on the overall success/failure of the project Document the analysis of and the justification(s) for the change. Obtain preliminary review and input from one of more of the following: a. Other project managers b. Immediate supervisor c. Appropriate 3rd party consultants d. Purchasing and Contracts Agent e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. Certify the appropriateness of the change based on the information gathered in steps 1-5. · If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. If the change is deemed justified, identify the appropriate contract instrument (C.o., amendment, SA). Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. AG,~N O~ IT ,F-~ N o..~.J~.r_,).~ t _~-~---- APR 0 S 2003 CHANGE ORDER SUMMARY Change Order No. 3 Project: Immokalee Road / 1-75 Ramp Improvements Project No.: 66042 Contract No: 02-3381 P.O. No.: 4500002259 Contractor: Better Roads, Inc. Change Order No.: 3 Date: March 24, 2003 Description: This Change Order addresses several issues including additional adjustments for quantity recalculation, and additional quantities associated with the improvements at Northbrook Drive and Tarpon Boulevard. Issue 1: Additional Pay Item -Signalization for Northbrook and Immokalee Road Item Original New Quantity Unit Price Adjustment Number Description Quantity Quantity Adjustment Unit $ Amount $ 555-1-1 Directional Bore (L_,~_~ than 6 Inches) 0 259.000 259.00~ LF 13.30 3,444.70 Directional Bore (6 Inches to Less than 0 98.00~ 98.000 LF 15.20 1,489.60 555-1-2 12 Inches) 620-1-1 Grounding ElectrodeIF&l) 0 160.00~ 160.000 LF 4.9(] 784.00 630-1-12 =ondu~(F&l) (Underground) 0 2,242.00C 2,242.000 LF 3.6C 8,071.2C 630-1-13 Conduit, Under Pavement (F&I) (] 30.000 30.000 LF 14.80 '!.44.0C ~30-1-22 Condu~ (F) (Underground) (~ 357.000 357.000 LF 1.30 464.1(; 532-7-1 Cable (Signal) C 1.000 1.000 PI 2,063.50 2,063.50 Pull and Junction Boxes (F&I) (Pull 0 14.000 14.00(] EA 231.30 3,238.20 §35-1-11 Box) Pull and Junction Boxes (F&I) (Fiber 0 12.000 12.00C EA 612.50 7,350.~, §35-1-15 Op~:~ Pull Box) Electrical Power Service 0 1.00~ 1.000 EA 530.70 530.7U 639-1-13 (Underground) 639-2-1 Electrical Service Wire 0 22.00(] 22.000 LF 0.80 17.6(] Prestressed Concrete Poles (F&I DB) 0 1.00C 1.000 EA 872.6C 872.6(] 641-41-112 Type N-Il Serv) (12 Ft) 649-112.002 ~last Arm AssemblyA2-P2 (F&I) (] 1.00C 1.000 EA 17,619.00 17,619.0(: 649-113-003 Mast Arm AssemblyA3-P3 iF&l) (] 2.000 2.000 EA 19,257.00 38,514.0(; 550-51-311 ~'raffic Sicjnal (F&I) (3 Sect.) (one way) C 12.000 12.000 AS 480.50 5,766.00 Pedestrian Signals (F&I) (LED) (One (; 2.000 2.00(] AS 654.60 1,309.20 553-181 Way) Signal Head Auxiliaries (F&I) (Back 0 7.000 7.00C EA 54.30 380.10 559-101 P!~, 3 Section) Signal Head Auxiliaries (F&I) 0 2.000 2.00(; EA 694.50 1,389.00 659-107 (Aluminum Ped,~!nl) 663-74-11 Vehk'~e Datector OFIC 0 3.00~ 3.000 EA 7,602.00 22,806.00 659-120 ,ED Mod_u~ Yellow Indication 0 10.00(] 10.000 EA 163.80 1,638.00 pedestrian Delector (F&I) (Pole (] 2.00C 2.000 EA 86.3(] 172.60 665-11 Mount) ~,ctuated Solid State Controller (] 1.000 1.000 AS 12,838.6C 12,838.6(] 670-5-110 A_~_~_-_-~biy (TS2, Type 1) ~85-128 System A~iliaries {Interface Panel) (; 4.000 4.000 EA 221.5000 886.00' System Auxiliaries (Fiber Optic 0 4.000 4.00~ EA 871.1000 3,484.40 F~85-140 Modulator) ~9-1 Sign (;~;.e~ally Illuminated) 0 3.000 3.00C EA 1,465.8000 4,397.4C Total Signalization Northbrook $139,970.5~ Intersection at Immok=:== Rd APR O 8 2003 1 Issue No. 2 - Additional Pay Items and adjustments Ramps A, C &D tern Original New Quantity Unit Price Adjustment Number Description Quantity Quantity Adjustment Unit $ Amount $ 536-2 Guard Rail Shop Bent Ramp C 0 25 25.00(] LF 18.48 462.00 Guardrail Special Post Special 0 7.000 7.00(; EA 218.40 1,526.80 536-76 Length TOTAL: $t,988.80 Issue No. 3 Additional Pay Items and Adjustments for Ramp B and Northbrook- Brentwood LLC Item Ori~linal New Quantity Unit Price Adjustment Number Description Quantity Quantity Adjustment Unit $ Amount $ 104-11 ]'urbidity Barrier 0 50i 50 LF 15.000 750.00 331-72-30 ~,sphaltic co~c. Type S-1 (3" Thick) 0 3,743.49 3,743.49 SY 7.00 26,204.43 ¢25-1-369 ~od~y P-6 Inlet 0 1 I EA 1,133.045 1,133.0~) 536-73 F~emova; of Guardrail 0 80 80 LF 1.90 152.00 705-70 Tubular Delineators (~ 32 32 EA 35.00 1,120.00 706-3 RPMS Type B C 124 124 EA 3.40 421.60 639-1 Electrical Set,ce ¢ I 1 AS 5,460.00 5,460.00 649-A Relocate Traffic signals (~ I 1 LS 344.58 344.58 690-30-A Remove po~e 0; 3 3 EA 210.00 630.0(3 700-40A No Right Turn on Red Signs 0 I 1 LS 324.73 324.73 700-47-2 Sign existing on new post 0 4.000 4.00(; FcA 1,914.15 7,656.6(~ 715-541-1 TOTAL:Rel°cate Existing Street Light 0 3 3 EA 1,155.00 $47,6613'465'0~ Issue No.: 4 - After processing of Change Order No.: 2 an addition error was discovered that would increase the Total Only of the Change Order No: 2 value by $1,000.00. Change Order Summary: Amount Issue Description $ I Si~lnal at Immokalee Rd. and Northbrook Dr. BLLC 139,970.50 2 Additions Ramp A, C, D ICoilier Count~t 1,988.80 3 Additional Pay Items and Adjustments Northbrook BLLC 47,661.99 4 Correct addition error Chan~le Order # 2 (Collier CountT) 1,000.00 Total Change Order #3 $190,621.29 APR 0 8 2003 CHANGEORDER ~2 TO: Mr. Barry. S. Roberts Ajax Paving Industries Inc. 10501 Six Mile Cypress PIc~T, Suite 108 Fort Myers, FI. 33912-6400 FROM: Collier County TransporU~tion Engin~ring & Cons~uction Management Department 2675 South Horseshoe Drive, Suite ;~401 Naples, Florida 34104 Project Name: Goodlette Frank Road Widening Construction Agreement Dated: Chan~e Order No.: Two (2) P.O. No.: 4500002260 Project No.: 600134 Bid No.: 02-3434 Date: 315103 Change Order Description: (See Attached Change Order Summary) Original agreement amount ............................................................... $12,495,051.66 Sum of previous change orders amount ............................................ $ 99,860.73 This Change Order Amount [add] .................................................... $ 86,509.20 Revised Agreement Amount ............................................................... $12,681,421.59 Original contract time in calendar days to substantial ............... 690 days Adjusted number of calendar days due to previous change orders. 0 days~',~_ ?'r,. ~' This change order adjusted time is ....................................... 0 days '~/O,~O*~0e~ Revised Contract Time in calendar days substantial ................ 720 days "O~_ - Original Notice to Proceed date ..................................................December 02, 2002 Completion date based on original contract time ......................... October 21, 2004 Revised completion date .............................................................. October 2 I, 2004 Revi~d completion date to final .................................... November 20, 2004 Your acceptance of this change order shall constitute a modification to our Agreement and ~'ill be performed subject to all the same terms and conditions as conlained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and 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. ~ " Der~i '~t~l~. ,~y,~oject Engineer - /Cor~ti, Project t~anao, er Date: ~////7~'''~ Reviewed by: / / ' . ;~__d,..~- --.._---- Da~e: ~- ,~ Roy t~. Anderson, P.E., P.U.E.D. Director Reviewed by. t/~_.~ . . ..Lynn'lL Thorpe, P~,E~, Principal Pm~ M~ Approved by: Oe~ S~, T.E.C.M. Di~ .' ~n/~ . 'eder, AICP, Transportalon - ~ -' ~ Administrator AGENDA, ITEM .-.,~ No. l tS APR 0 8 2003 AGE. ~ID~ ITEM~ No._, I~ APR 0 8 2003 pg. (~ _ AGEND~ ITEM .o._ !~.~ !~ APR 0 8 2O03 Change Order # 2 Summary, ROADWAV Pax' Items 425-1-$11 INLETS, TYPE P-I (<10') Pay Item ~no¥cd from contract. Design Ch~arge S 222.323.~0 Decrea.-.e 425-1-321 INLETS, TYPE P-2 (<10') Pay Item removed fi.om Design Change $ 84.969.00 Decrease 425-1-411 INLETS, TYPE J-I (<10') Pay Item added for construct ability to minimize potential conflicts. Design Change $ 44.4{)';'.44 Decrease 425-1-412 INLETS, TYPE J-I (>10') Pay Item removed from contract. Design Change S '.~50.2!; Dec~-e::se 425-1-421 INLETS. TYPE J-2 (<10') Pay Item removed from contract. Design Change S 2~.2~4.40 Decrease New Pay Items 102 -2-1 SPECIAL DETOUR (DETOUR 1) Do to a Design conflict with the Roadway & Construction work. It was necessaD to alter the MOT in order to relocate traftic outside the planned work area, Design Change S 50,950.00 Increase 425-1-351 INLETS, TYPE P-5 (<10') Pay Item added for construct ability, to minimize potential conflicts. Design Change S 228,823.40 Increase 425-1-351 INLETS, TYPE P-6 (<10') Pay Item added for construct ability to minimize potential conflicts Design Change $ 87~469.00 Increase 425-1-451 INLETS, TYPE J-I (<10') Pay Item added for construct ability to minimize potential conflicts Design Change $ 45~507.44 Increase 425-I-452 INLETS, TYPE J-i (>10') Pay Item added for construct ability to minimize potential conflicts Design Change $ 7~6S0.28 Inerearm 425-1-461 INLETS, TYPE ,g-2 (<!0') Pay Item added for construct ability to minimize potential conflicts Design Change $ 28~974.40 Increase 999-002 EXTRA WORK FOR MOT FOR CORING ANAYLSIS Pay item added to the contract for MOT for the coring operation performed to inveatigat~ the underlying base material and thickness of asphalt on Goodletle~Frank Road. Documented with time and rnaterial~ sheet. $ 2997.38 Increase AGENDA ITEM APR 0 8 2003 -'l SIGNALS Pay Items 670-5-110 ACTUATED SOLID STATE CONTROLLER ASSEMBLY (TS2 TYPE I) Plan Error. There was a discrepancy bet~-een sheet T2 of 20 (Summary of Quantities) and shec~ T5 of 20 (Pine Ridge Intersection Plan Sheet). Plan Error $ 13,574.52 Increa~ New Pay Items 690-13-1 REMOVAL OF SIGNAL FOUNDATION This pay item v, as added to the co~lract to remove signal po~ with 45" concrete encasemcnt. Price negotiated with the controctor. $ 9~821.70 Increase UTILITIES Pay Items F~,~-13 30~ STEEL CASING, OPEN CUT Pay Item reduced to offset the concrete encascment item. ~; 19.~t¢.3.50 P'ecre~se ~,'M-I6 36" STEEL CASING, OPEN CUT Pay Item reduced to offset the concrete cncasement item. $ 2~.5q2.!~() Dccrc;~sc Reclaimed \V~tcr EM-I I STEEL CASING 36', OPEN CUT Pay Item reduced to offset the concrete encasemen! item. New Pax, Items FM-21 CONCRETE ENCASENMENT 16" IN LIEU OF STELL CASING Protective option added to assist in the conflict resolution of the new utilities. Price negotiated with the contractor. $ 18.060.00 Increase WM-35 CONCRETE ENCASENMENT 24" IN LIEU OF STELL CASING Protective option added to assist in the conflict resolution of the new utilities. Price negotiated with the contractor. S 29~081.20 Increase Reclaimed EM-16 CONCRETE ENCASENMENT 20~ IN LIEU OF STELL CASING Protective option added to assist in the conflict resolution of the new utilities. Price negotiated with the contractor. $ 9327.10 Increase AGEND,~ ITEM APR 0 8 2OO3 Pg. 'I7--,~ GOOOLETTE.FRANK ROAD WlDEN~HD PROJECT r FRO41 IqNE ~ R~ TO V~RB~T ~CH c~ ~ ~.: ~1~ TIME AND ~TE~S ~KSH~ NUM_R~E_R CLASSIFICATION TOTAL HOURS RATE 5% MARKUP AMOUNT 0.00 $ $ $ 0.00 $ $ $ 0.00 S S S 0.00 : $ S S 0.00 $ S 0.00 $ $ $ 0.00 S S S O.O0 S S S 0.00 $ $ $ ILABOR TOTAL $ EQUIPMENT UNITS DESCRIPTION TOTAL HOURS~ RATE 5% MARKUP AMOUNT 0.00 $ $ $ 0.00 $ S $ 0.00 S S 0.00 $ S S 0.00 $ S ; S 0.00 $ $ i $ 000 $ S $ 000 S $ $ 000 $ S [EQUIPMENT TOTAL I $ MATERIALS QUANTITY KIND UNIT PRICE 5% MARKUP AMOUNT 200 16" Concrete Encasement $ 86.00 S 90.30 S 18,()60.~" 290 20' Concrete Encesement $ 93.50 $ 98.18 $ 28.470.75 95 24" Concrete Encasement $ 95.50 $ 100.28 $ 9.,526.13 $ $ $ $ $ $ $ $ [MATERIALS TOTAL S 56.056.88 [TOTAL ADDITIONAL WORK COST I $ 5&.055.88 I WE HEREBY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT, SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SETTLEMENT OF THE MATTERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATERIALS, OVERHEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. AP/~OVED BY: PROdEGT MANAGER ACC~ BY: CON~OR DA~ · l'cicpbo#c: 239.594.7275 · Fa~.: ~$9.-~94..~881 AGENDA ITEM No._ ('b APR [} 8 TIME AND MATERIALS WORKSHEET LABOR CLASSIFICATION TOTAL HOURS R~,T~ , S% MARK,,U~ AMOUNT 0.00 S - $ $ 0.00 S $ 0.00 $ $ 0.00 S $ 0.00 S $ T 000 S $ $ 0.00 S ~ $ o.oo s $, o.oo s $ iS ILABOR TOTAL Is ' I EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE 5% MARKUP AMOUNT o.oo S ~$ S 0.00 S S $ 0.00 S $ S 000 S $ $ 0.00 S S S 0.00 S S S 0.00 S S S O.O0 $ S $ 0,00 S S S [EQUIPMENT TOTAL Is - ] MATERIALS QUANTITY KIND UNIT PRICE S% MARKUP AMOUNT (~ ADDINGPAYITEM690-33-I1 REMOVAL OF POLE FOUNDATIONS S 1~55900 S 1~63695 S 9,821.70 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ IMATERIALS TOTAL I S 9.821.70 ITOTAL ADDITIONAL WORK COST I s 9.821.70 I WE HEREBY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FUII AND COMPLETE SETTLEMENT OF THE MATTERS SET FORTH HEREIN. INCLUDIN~ AL1 DIRECT AND INDIRECT COSTS FOR EQUIPMENT. MANPOWER, MATERIALS, OVERHEAD~ND PROFIT RELATING TO THE I~SUES SET FORTH IN THIS DOCUMENT. pRIep4~ ~ PROJECT ENGINEER OVED BY: PROJECT MANAGER AC~=PTfiD 8¥: DATE · Velepbon¢: 259.5~q-4.7275 - Fax: !39.~94.5t~1 APR 0 8 2003 Iq-' GOOOLETTE-FRANK ROAD WtDENMG PROJECT FROM ~ RJOGE R O~1~, TO VN4~.RIL~T ~ ~D. COUN1Y PROJECT NO.: ~0'k14 CONTRACT NO.: emm~-e,~..~ mm~my COUNTY: COL/JER TIME AND MATERIALS WORY~HEET LABOR EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE 5% MARKUP AMOUNT 0.00 S S S 000 S S 0.00 S S S 0.00 S $ S 0,00 S S S 000 $ S S 0.00 S S S 000 S S S 0.00 S S S (EOUIPMFNT T~JTAI I$ MATERIALS QUANTITY KIND UNIT PRICE 5% MARKUP AMOUNT I Adding Pay Item 102-2-1 Special Detour $ 50,950.00 ' S 50~95000 $ $ $ $ $ $ $ $ ..... S $ $ $ $ $ IMATERIAL~ TL~TA I I S 50.950.00 jTOTAL ADDITIONAL WORK COST I $ 50,950.00 J WE HEREBY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SETTLEMENT OF THE MATTERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATERIALS, OVERHEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. PRE~AR~iO : PROJECT ENGINEER DATE A/~OVED BY: PROJECT MANAGER ~~"~ ACC~PTEU BY: C~TU~ DATE · l*¢dcphottc: Z39.594.TZT.n; Fax: AGENDA ITEM No. APR 0 8 2003 GOODLETTE4q~,ANK RO~D WIDENING PROJECT FROM PINE RIDGE ROAD TO ¥.4J4~ERBILT BEACH COUNTY PRO~..CT NO.: 801~4 CONTRACT NO.: 0Q~184 COUNTY: COLLIER TIME AN~) MATERIALS WORKSHEC-T ESTIMATE NUM;?R CLASSIFICATION TOTAL HOURS RATE 5% BARKUP NIIOIJflT 1 OPERATOR 13.50 $ 20.00 $ 21.00 $ 283.50 I OFF DUTY LAW ENFORCEMENT OFFICER 13.50 $ 40.00 $ 42.00 $ 567.00 2 FLAGGERS 54.00 $ 20.00 $ 21.00 $ 1,134.00 0.00 $ $ $ 0.00 $ $ $ 0.00 iS $ 0.00 $ $ $ 0.00 $ $ 0.00 $ $ ILABOR TOTAL UNITS DESCRIPTION ,TOTAL HOURS RATE S'~ MARKUP /ddOUNT 1 CRASH AT~ENENUATOR TRUCK 13.50 $ 45.00 $ 47.25 $ 637.88 000 $ $ 0,00 S S S 000 S S S 0.00 S S S 0.00 S S S 0.00 S S S 0.00 S S S ODO S S S IEQUIPMENT TOTAL ] $ QUANITY KIND UNiT PRICE 5% MARKUP A~OUNT 3 Days MOBILIZATION FEE PER DAY $ 375.00 $ - $ 375.00 $ $ $ $ $ $ $ $ $ $ $ S S S .-__ S S $ 1MATERIALS TOTAL I $ ? JTOTAL ADDITIONAL WORK COST I S ~.997.35 BY SIGNING THIS DOCUMENT THE CONTRACTOR AND COLUER COUNTY AGREE TO THE ESTIMATED HOURLY COST FOR EQUIPMENT, MANPOWER AND MATERIAL COST RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. PREPARE NEER DATE APPROVED BY: PROJECT MANAGER ? ACCEPTED BY: CONTRACTOR DATE . I-'a z: AGE A TEM ~,, O~-FRANK ROAD WIOENING PROJECT FRO~ IqNfE RIDGE ROAD TO YANDERB~T BEACN RD. COUNT~ PROJECT NO.: ~01~4 CONTRACT NO.: 00-3184 COUNTY: COLLIER TIME AND MATERIALS WORKSHEET LABOR NUMBER CLASSIFICATION TOTAL HOURS RATE 5% MARKUP I OPERATOR 13.50 $ 20.00 $ 21.00$ 283,50 I OFF DUTY LAW ENFORCEMENT OFFICER 13.50 $ 4000 $ 42.00$ 567.00 2 FLAGGERS 54.00 $ 20.00~ $ 2100 $ 1~134.00 0.00 $ $ $ o, oo $ S $ o.oo S S S o.oo s s $ o.oo $ S $ o,oo S s ILABOR TOTAL I $ 1.g84.S0 ! EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE 5% MARKUP I CRASH ATTENENUATOR TRUCK 13.50 $ 45.00 $ 47.25 $ 637.88 0.00 S $ $ 0.00 $ $ o.oo S S S o.oo s !s S ooo $ $ $ o.oo s s S o.oo S $ s 0.00 S :S S IEQUIPMENT TOTAL I $ c37.88 I MATERIALS QUANTITY KIND UNIT PRICE5% MARKUP AMOUNT 3 Days MOBILIZATION FEE PER DAY S 37500 $ S 375.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ NIATERIAL$ TOTAL I $ 375.00 I ITOTAL ADDITIONAL WORK COST I $ ,?..997.38 I BY SIGNING THIS DOCUMENT THE CONTRACTOR AND COLLIER COUNTY AGREE TO THE ESTIMATED HOURLY COST FOR EQUIPMENT, MANPOWER AND MATERIAL COST RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. PREP~.~ PROJECT ENGINEER OVED BY: PROJECT MANAGER ACCP..~ ! 1::13 BY: CONTRACTOR DATE DATE · 'rciephonc: 239.594.7275 - AGENDAITEM /UP APR O 8 2003 r~,~_ ,~ff GOOOLETTE-FRANK RDAD W1OEHING P~OJECT FROM PINE RIDG~ ROAD TO VANDERBLT BEACH RD. ~ '....~---I~ COUNTY PROJECT NO.: ~134 CONTRACT NO.: ~-3114 TIME AND MATERIALS WORKSHEET LABOR NUMBER CLASSIFICATION TOTAL HOURS RATE 5% MARKUP AMOUNT 0.00 $ $ 0,00 S S S 0.00 S S S 0.00 S S S 0.00 S S S 0.00 S S S 000 S S S O.OO S S S 0.00 S S S ILABORTOTAL I s ' I EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE 5% MARKUP AMOUNT 0.00 S S S 0.00 S S S 0,00 S S S 000 S $ S 000 S S S 0.00 S $ S 0.00 S S S 0D0 S S S 000 $ $ S IEOUIPMENT TOTAL I s ] MATERIALS QUANTITY KIND UNIT PRICE S% MARKUP AMOUNT 1.00 ACl~I&TIE~SO[~DITA~ECONI~tOU-ER~EMIB~¥~T~II~t'P~I~ $ 13~574§2 S $ 13~574.52 Plan Quanaty Error $ $ S $ $ S S $ S $ $ S $ $ $ S $ $ ]MATERIALS TOTAL I $ 13,574.52 ITOTAL ADDITIONAL WORK COST I s '~ 3.574.52 I WE HEREBY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SETTLEMENT OF THE MATTERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATERI~-S, OVERHEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. ~ ~ NR 2P~~D BY: P~OJECT MANAGER ACCEPTED BY: CONTRACTOR DATE DATE DATE AGENDA ITEM No. APR 0 8 2003 1719 Trnde C. amez Way, Uni~ l0 Naples, FT.. 34109 Sub. iccp: ~ ~ ~ ~s to n~ ~ ~ c~s to p~ ~s ~ ~ a ~il~ ~on ~ ~ ~ ~ will ~ ~ to zllow f~ ~ , ~e ~i~i~ ~ of 2. ~ing & co~ng 4. St~g Pl~t o~2.5" D. P~ ~ly 1~ L.F. of T.C$.W. ~e ~r AGI~ND~ ITEN', ....- APR 0 8 2003 pg. IC~ , Co~ P~je~ No. 60134 Re: Revised p~g of~io~l ~s ~r Ut~y c~es to p~ De~ Shs, Please a~ept this leaer ~ o~ revi~ pric~g ~m ~ o~ 1~ ~ Fe~ 6, 2003, l~t gave o~ ~ price to allow for MOT ~v~io~ d~ ~ ~ ~W p~ c~nges. We hereby submit the oHg~ price of ~5950 ~ss cr~it for asp~lt not fore~en to ~ ~d d~ to c~es ~ ~ ~ o~ o~g~ bid to Collier Cowry $15~ Total re~d pric~g requited ~50950 We apolog~ for ~e oversight oft~ cr~R m o~ o~ quote ~ you. All ot~ conditiom as p~ ~e odg~l leHer ~1 ~ply. If you ~ve ~y questions, or need additioml ~fo~aio~ pl~ feel ~ee to ~nta~ o~ O~Ce. Sincerely, Barry S. Roberts Project Manager .PR I) 8 2003 February 17, 2003 PBS&J 1719 Trade Center Way, Unit 10 Naples, FL. 34109 Subject: GoodletteJFrank Road Widening Project Subject: Updated prichag for P5 & P6's Please accept thc following as our price for revising the drainage structures on the project for P1 & p2's to P5 & P6 boxes and grates. Thc pricing on the structurcs in ow initial bid was a combination of box bottoms from our pipe subcontractor and thc top slab and lids from our concrete subcontractor. To revise thc project from the original P! & P's to P5 & P6'$ re. quires our concrete subcontractor to cast in place the tops and purchase grates. '['he additional expense of $100 that we are requesting per box is to allow for the purchase and installation of the grates. Based on the above explanation we submit to you the following unit prices: P5 boxes complete with top slab, throat & grate $3520.36 Each P6 boxes complete with top slab, throat & grate $3498.76 Each Inlets-JI-Less than 10' $4137.04 Each Inlets-J l-Greater than 10' $ 7650.28 Each Inlets-J2-Less than 10' $4139.20 Each As you can see, there is no additional mark-up beyond the $100 from our subcontractor. Also I have not added any monies to allow for preparing and zteaning up our base rock to allow for these lids to be installed. Tiffs is done to assi~'~ in the financial extra to resolve oar clearance issues. Please advise us as soon as poss~le as to whether this option will be pursued, as our subcontractor is at a standstill due to the 24" water line being stopped due to conflicts. Our subcontractor would like to proceed with the forge main immediately, as he will have the ability to receive boxes later this week. If you have any qu~tions, please feel free to contaa me. --~.,,~arryincerely' '/~ Project Manaser AGENDA ITEM APR 0 8 2003 EN G'INEERING Dennzs Day PBS & J - Consmuction Services 1 ? 19 Trade Center Way, Unit 10 Naples, Florida 34109 February 5, 2003 Re: Goodlct~c Frank Road - Inlet top analysis Dear Mr. Day: This letter is subWatted in-response to your RFI #8. Per your requr.~ we ate providing an estm~e :o analyze the inlet flow calculalaons with ~spect to flae pos.sfl~ili~ of changing ali Of the Jalet tops eta Ooodlene-Frank road f~om P-I's and P-Ts to P-S's and P-6's. Below is · ~able of~e c~st b~eakdo~ to perform thc tasks you are reques~ng. TASK Engineer VIII Engineer II Cost ., ~s) (~,) A~al,vze flow calculations [ 1 ~ S145/hr 4 ~ S64Pnr S401 Calculate new inlet offsets ! 0 ~ $145/'m' 8 (~ $64/hr $512 Total i $913 Per our telephone conversanon, this analysis will not include recaleulaUng quan~ties that may be affected by changang the inlet tops. Should the results ofoor drainage analysis show that P-$'s and P-6's de not adequate tn certain locations, additional budget will be required to address modifications that may need to be made in those areas. For 3'our records we have anached correspondence regarding the usc of P-S's and P-6's on Goodlette-Frank Road that we received from the County dUnng the desig~ phase of this project. We understand that the cost and consmactability benefits may outweigh the concerns of the County that are outlined in the auached correspondence. Please contact me if)mu have any questions or need any further :n for;natron. Sincerely, Johnson Engi~eeriag, Inc. 3.ndrew T, Logan, E.I. ATDatl Enc. cc: Chris Hagan John ConU Jared Bro~ File 235~ Staniord Court · Naples, Florida 34112 (239) 434-~333 · Fax (239) 434-9320 AGENDA ITEl/ APR B 8 2gg3 January 15, 2003 PBS&J-Construction Services I ? 19 Trade Center Way, Unit l 0 Naples, FL. 34109 Subject: Goodlette-Frank Road W'dening Project County Project No. 60134 Re: Updated Pricing for assistance in cutting asphalt cores Dear Sirs, Wc hereby submit to your company pricing for thc following itcms to assist in the cutting of asphalt cores on the above referenced project. I. Crash Atxcnuator truck $45 P/HR. 2. Crash Attenuator Driver $20.00 P/HR 3. FI--IP or Count)' SheritT Officer $40.00 P/HR 4. Flaggers w/vests & paddles 120.00 P/HR 5. Mobilization per day for items 1,2,3 & 4. $125 Each Day Please use the above pricing for the change order, and add General Contractor Mark-Up as per Collier County Specifications. I have taken the liberty of tentatively scheduling this work for January 22 & 23. Please advise me as soon as possible if this pricing and the dates work for you. Ifyou have any questions, or need additional information, please feel firee to contact our o~ce. Sincerely, ~ BarD' S. Roberts Project Manager AJAX =AVli~ INdUSTrIEs. 1:3~3'~ s,x ~-i ~"y=rllll ~..w~ '~r.;e 10~1 , FO~'t Mylfl. FL 33915.6400 . AGENDA, ITE~ No. '~, ol'~ 1,9- APR 0 8 2003 C:ONIlJ. ACT #0.: Q~1114 EXTRA WORK SUMMARy LOG NUMBF..~ CLASSIFICATION TOTAL HOUr_ _; / ,~'/'" .... *'--," 't ,.,~ 1( ,,~: ~...,. ~'..r' EQUIPMENT UNITS DESktOP l iON ITOTAL I MATERIALS .QUANTITY ~ND WE HEREBy A'rFEST THAT THE ITEMS AND QUAHTITiF.~ I, JST~D ON THE WORKSHEET ABOVE ARE ACCURATE AND CORRECT TO THE BEST OF OUR KHOWI. EDGF_ BY SIGNING THIS DOCUMENT THE CONTRACTOR AGREE_~ IN[TH THE INFORMATION USTED ABOVE. P.EP^R~ BY: ".OJECT PE.SO..E, i/ Z.~-lo 3 AGREED BY: GOhITR. ACTOR REPRESENTIVE ~ / z-~-/o~ · '~ 7 '..~ Tr~ae Cen:er Way, {Jmt l{~ · Pda;ales, Roriaa 34109 · Telepflone: 239.594,7275. Fas 239.594.3811, www. pbsj.cam APR 0 8 2003 Pg. ~4 ~'~ ~nP/oJ~'own#~ ~O/~pi/?/ ~ WO/~K 8(Jl~ LOG EQUIPMENT MATERL4.LS WE HEREBY A~EST ~AT ~E ITEM5 ~O QU~Es ~D ~ THE WO~HE~ ~OVE ARE ACCU~TE ~D ~R~CT TO ~E BEST OF OUR ~O~DG~ BY ~GNING ~13 DOCUME~ THE CONT~cT~ AGRE~ ~H THE INFORMA~ ~TED ~O~ PREPARED BY: PROJECT PERSONNEL -- -- . DATE DATE ;.7:~9 T:aoe Center Way, Unit ;,0 · Naples, Roricla 34]09 ,, Telepr~ane: 239.594.7275 · Fax: 23g.594.3851 · W~'w. pbsj.com AGENDA, ITE' ' No. APR 0 8 2003 NO.: CLASSIFICATION EQUII~IENT MATERIAI~ QUANTITY KiND WE HEREBY AI~rEST THAT THE ITEMS AHD QUANTITIES USTED O# ~E ~H~ ~0~ ACCU~TE ~D COR~ TO THE BEST OF O~ ~O~[ BY ~ ~ D~ CON~oR AGREE6 ~TH THE INFO~A~ON M~ ~ PREPPED BY: PROJECT ~ONN~ DATE :7[9 Trace Center Way. Jmt 10 ·/~aples, Florida 34X09 · "elephone: 239594.72?5 · I~a~. 239.5~4.3J~8). · www. pbq.com AGEND.~, ITEM APR 0 8 ~OR EQUIPMENT MATERIALS WE HEREBy A*;-rEST THAT THE ITEMS AND QUANTITIES M~TED O# THE WORKSHEET ABOVE ARE ACCURATE AND CORRECT TO THE BEST OF OUR KNOWLEDGE. BY ~IGNING THIS DOCUMENT THE CONTRACTOR AGREES W~TH THE IHFORMATK)N liSTED ABOVE. - P/~AI ' ~I~/'/~CTPER$Oi~NEL --GREED BY: CONTR, AC~v DATE AGEND.~ ITE" APR D 8 2003 Day, Dennis, R. From: Sent: To: Subject: Drew Logan [ATL~johnsoneng.com] Thursday, February 27, 2003 8:34 AM 'Day, Dennis, R.' controller assemi0¥ I checked with the signalize:ion designer and he said :ha: sheet 5 correctly shows the controller assembly. It should have been show1% in ~h~ summary of pay items table. Drew AGENDAJTEI~~ APR ~ 8 2003 February 17, 2003 Ajax Pavmg Inc. Arm: Barry Roberts 10501 Six Mile Cypress Parkway, Suit~ 108 F~ Myer, Flori~ 33912 SUBJECT: POLE FOUNDATION REMOVAL PRICE APPROVAL Dear Sir, $o~ De~cri~mm: Good.ne-Frank ~ F~m P~e ~e ~ ~ V~ik Beach Co~ Proj~a No.: ~ 134 Con~ No.: 00-3134 Co~': Co.er Le~ No. PBS&.[ ha~ received your letter dated February 17, 2003, with yom' price to remove sign~l pole £ounda'~ions encased in concrete. The price you quoted m you~ I. ~9o-]~.1 [ R.EMOVAL OF POLE FOb~DATION$ SL~BCOi%'I-R. ACTOR 'S PRICE $1559.0g Ea.. 2. 090-33.11 REMOVAL OF POLE FOUNDATIONS W/5% MARK UP S1636.95 We have reviewed and have accc'pted th~s price. It')ou have any quesrious, or if we can be of further assistance, please contact me at (239) 549-7275. Smcerely, Dermis K. Day Project Engmeer PBS&J CC: File John Con~. Projec£ M&nng~', CoUier Coun~ L)'nu Thorpe P.F~ Program Manager, Collier Coun~ Tom Deer, P.E~ Senior Project Engineer, PBS&J 1719 Traee Center V','ay, Un,t 10 · Nap,es, riot,os 34109 * Te:e,~flone: 239.5943275 · Fax: 239594.388! * *ww.pbsj.com AGENDA ITEY I NO. lO- APR 0 8 2003 pg. c~OI January 27, 2003 Ajax Paving Inc. Artn: Barry Roberts 10501 Six Mile Q,~ress Parlcway, Suite Ft Myers, Florida 33912 $ [~'~-~CT: REQL~'ST PRIC£ TO INC-ASE L'TILITV L~'I~ S IN CONC~ET~ iN Lii~j O1: ~rl~LL ~G Job Description: Goodl~e-Frank l~ad Widsmi~a From ~i~¢ ~d~ R~ to V~ih ~h R~ Co~ ~oj~t No.: 60134 Con~ No.: 00-3184 Co~: Colli~ Leaer No. 23 .~ Dear Sir, I am requesting a price for encasement of the new utility lines in concrete in lieu of using steel casing that is sho~ in thc plans. This alternative method was mentioned by Fred Sexton of Collier County Public Utilities Engineering Depamnent and approved by John Confi Collier Count). Project Manager at the last weekly progress meetng for use on this project. Fred s~ated that the concrete encasement should b~ a minimum of 12" :hick ~ith a minimum PSI o£2500. Please provide me with a cubic yard per linear foot price to encase a 16", 20", & 24" utility lines. T~is price shall include all cost associatr~l wi~ installation of the concrete encasement. If you have any questions, or if we can be of further assistance, please contact me at (239) 549-7275. Project ?BS&J :.? 19 Trade Cerv, er Way. Uni! ,~0 · Nal01es. FIonea 34~.09 · .-e;eono~e: 239594.7275 · Fax: 239.594.3881 · ww*.pbsl.com AGE, NDA J,TEI~ No._ / ( (P (""') APR I) pg. -.~>0 ._ PBS&J 1719 Trade Czr~er Wa~y, Uni~ 10 Naples, FL. 34109 Subject: Goodletle/Frank Road Widming Projo~ Subj¢~: Pricing t)r additioaal f~nds to allow for Utility ch~ges to plans Mr. Deer, This l~ner is e clemile~l explL,~iiou M'the MOT rm, lskx~ ~ will b~ ~ to glow for I~¢ ¢~lsa-u(aioa of the project with lt~ ~-w revised ufili~, phms, A. Wick~ing of rind: 14' of widenln~ ~ StLS0(~-(O to 512+00 Avcrs~c ofg' wid~nin~ from Stt 495.~00 to 499+50, The widcn, i~g r,(~sists of 1. Cunin$ o~t ~cl disp~in~ of rn~tri~! to ,llow for bL~rock dc uphslt 2. ]~ll~g & eo~ng sub, Tide 3. P[aca~ncm & coml~K~ion of 6' baud'ack Sawcutlmg edges B. Ovcr[~ymcilt ofrMd: ~" overl~ym~nt of road from Sts. 429-00 to 415'~-00 it ~6' wide %" overl,yment of road from SLa. d30'r00 to 435-*00 K 36' wi(M ~,', ovcrl~yrncnt of rc~d fTom 5rJ. 497'rO0 tO 502~00 il 24' wide ¢. C~opiag of fir~ h~dr~t. D. Plac~ appr0r, in~tc~. 100 L.F. of T.C.B.W. F. R~movel ofkid~ uphalt, T.C.B.W. ?rlc~ $65950 Note: This quote is for th~ ILr~e nc(th of Piz~'idse ~o iht South portion of thc V~u~Jcrbil~ B~ch intacbL~,C onJl,. Ifyc~J would Ii'kc darifi¢&tion regarding these irals mKI itentS pJMse conL~ct me at your coclvcllial~c. Since'ely BanT $. Robots Project Man~8~x AGENDA_ITEId No. tt¢C' APR 0 8 2003 February 1 g, 2003 PBS&J-Construction Services 1719 Trade Center Way, Unit 10 Naples, FL. 34109 Subject: Goodlette-Frank R~ad Widening Project County Project No. 60134 Re: Revised pricing of additional funds for Utility changes to plans Dear Sirs, Please accept this letter as our revised pricing fi.om the original letter dated February 6, 2003, that gave our initial price to allow for MOT revisions due to the utility plan changes. We hereby submit the original price of $65950 Less credit tbr asphalt not foreseen to be used due to changes that was in our original bid to Collier County $15000 Total revised pricing requested $50950 We apologize for the oversight of this credit in our original quote to you. All other conditions as per the original letter still apply. If you have any questions, or need additional information, please feel fi.ce to contact our office. Barry S. Roberts Project Manager " AGENDA ITEl .o. !1 5 lO APR 8 2003 February 17, 2003 PBS&J 1719 Trade Center Way, Unit 10 Naples, FL. 34109 Subject: GoodlettedFrank Road Widening Project Subject: Updated pricing for P5 ~' P6's Please accept the following as our price for r~vising the drainage structures on the project for PI & p2's to P5 & P6 boxes and grates. The pricing on the structures in our initial bid was a combination of box bottoms from our pipe subcontractor and the top slab and lids from our conc~te subcontractor. To revise the project from the original PI & P's to P5 & P6's requires our concrete subcontractor to cast in place the tops and purchase grates. The additional expense of $100 that we are requesting per box is to allow for the purchase and installation of the grates. Based on the above explanation we submit to you the following unit prices: P5 boxes complete with top slab, throat & grate $3520.36 Each P6 boxes complete with top slab, throat & grate $3498.76 Each lnlets-J1-Less than 10' $4137.04 Each lnlets-J 1-Greater than lO' $7650.28 Each [nlcts-J2-Lcss than 10' $4139.20 Each As you can sec, there is no additional hms-k-up be~'ond the $100 bom our subcontractor. Also I have not added any monies to allow for preparing and cleaning up our base rock to allow for these lids to be installed. This is done to assist in thc financial extra to resolve our clearance issues. Please advise us as soon as possible as to whether this option will he pursued, as our subcontractor is at a standstill due to the 24" water line being stopped due to conflicts. Our subcontractor would like to proceed with thc force main immediately, as he will have thc ability to receive boxes later this week. If you have any questions, please feel free to contact me. Sincerely, ~ Project Manager APR 0 8 2003 ENGINEERING Dennis Day PBS & ,l - Construction Services 1719 Trade Center Way, Unit l0 Naples, Florida 34109 Re: Goodlerte Frank Road - Inlet top analysis Dear Mr. Day: Februar), 5.2003 This letter ~s submi~ed in'response to your R. FI #8. Per your request we are providing ~n esnmate to analyze the inlet flow calculations with respect to the possibility of changing all of the inlet tops on Goodlette-Frank road from P-I's and P-2's to P-5's and P-6's. Below is a t~ble of the cost breakdown to perform the tasks you are requesting. TASK Engineer VIII Engineer II Cost . (~rs) ~rs) .-~alyze flow calculations [ l ;~ $145/Fir 4 ~ $64/hr $401 Calculate new inlet offsets[ 0 (~ S145/h~' 8 ~ $64/hr S512 Total t I $913 Per our telephone conversauon, this analysis will not include recalculating quanti~es that may be affected by changing the inlet tops. Should the results of our drainage analysis show th,al P-5's and P-6's are not adequate m certain locations, additional budget will be required to address modifications that may need to be made in those areas. For )'our records 'ac have anached correspondence regarding the use of P-5's and P-6's on Goodlette-Frank Road that we received from the County dunng the design phase of this project. We 'anderstand that the cost and constructabfli~, benefits'may outweigh the concerns of the County that are outlined in the anached correspondence. Please contact me if you have any questions or need any fu~her mformatlofl. Sincerely, Johnson Engineering, Inc. Andrew T. Logan, £.I. ATU ail Eric. cc: Chris Hagan John Conti Jared Brown 2330, Stanford Cou~t ,. Naples, Florida 34112 ~239) 434-C'333 · Fax (239) 434-9320 AG EtI~ID/~I~,TEI~ No. ! APR I) I PBS&J-Construction Services 1719 Trade Center Way, Unit 10 Naples, FL. 34109 Subject: Goodlette-Fmnk Road Widening Project County Project No. 60134 Re: Updated Pricing for assistance in cutting asphalt cores Dear Sirs, We hereby submit to your company pricing for the following items to assist in the cutting of asphalt cores on the above referenced project. 1. Crash Attenuator truck $45 P/HR. 2. Crash Attenuator Driver $20.00 P/HR 3. FlIP or County SheriffOfficer $40.00 P/I-IR 4. Flaggers wi vests & paddles $20.00 P/HR 5. Mobilization per day for items 1,2,3 & 4. $125 Each Day Please use the above pricing for the change order, and add General Contractor Mark-Up as per Collier County Specifications. I have taken the liberty of tentatively scheduling this work for January 22 & 23. Please advise me as soon as possible if thi~ pricing and the dates work for you. If you have any questions, or need additional information, please feel free to contact our office. Sincerely, ~ Barry S. Roberts Project Ma. nager AGENDA ,ITEM ~ .o. / APR 0 8 2003 / l pg. ~ etnD~oyee-owne~ comoany LABOR GOODLET IK ROAD V4DENING PRO~ECT FROM FIN~ ~ RO~D TO VANDER~LT BEAC~ RD. COUNTY I~OJECT NO.: ~134 CONTRACT NO.: ~41M COUNTY: COLLIER EXTRA WORK SUMMARY LOG EQUIPMENT UNITS DESCRJPTION TOTAL HOUr~ I cr~ r,H~'~>~ ~, ¥~,.~c~ ~' r I ~'~ /. '.., .~ ,~.. MATERIALS QUANTITY KIND_. WE HEREBY ATTEST THAT THE ITEMS AND QUANTITIES LISTED ON THE WORKSHEET A~IOVE ARE ACCURATE AND CORRECT TO THE BEST OF OUR KNOWLEDGE. BY SIGNING THIS DOCUMENT THE CONTRACTOR AGREES WITH THE INFORMATION LISTED ABOVE, AGREED BY: CONTRACTOR REPRESENTIVE · DATE !7',~ Trace Ce[~ter Way, Umt ).3 · Nap,es, Fior~(la 34109 · Telephone: 239.594.7275 · f~ 239.594.388). · w~M. pbsj.ccm AGEND~k ITEM APR I) 8 2003 GDOOLET' ~K ROAD W~G PROJECT FROM PINL ~ ROAD TO YANDE~T ~=ACH RD. ¢ONTRAC~ UO.: COUNTY: C(X. UE R NUMBER CLASSIFICATION TOTAL '~ ¢~'~"~'~'"f *~l"*'t~*",*$ II, 0 EQUIP'I~NT MATERIALS KIND WE HEREBY ATTEST THAT THE ITEMS AND QUANTITIES LISTED ON THE WORKSHEET ABOVE ARE ACCURATE AND CORRECT TO THE BEST OF OUR KNOWLEDGE. BY SIGNING THIS DOCUMENT THE CONTRACTOR AGREES WITH THE INFORMATION LISTED ABOVE. PREPARED BY: PROJECT PERSONNEL ' DATE AGREED BY: CONTRACTOR RC~?...RJ=.SENTiVE DATE Trace Cen:er ',;'ay, Jnit :0 · Nal:ies, Rorida 34]09 · Telephone 239.594.7275 · Fax: 239.594.3881 · www. pbsj.com APR 0 8 2003 Pg- -'~"~ G OOD~'I~ 1( ROAD FROtl FqNE . ~ ROAD TO VANDERBILT BEACH RD COUNTY: COLLIER An eml~o~e.own~d company F. XT~A WORK. ~UMMARy LOG UNITS D~CRIPTION TOTAL MATERIAL~ ..QUANTITY KIND WE HEREBY ATTEST THAT THE ITEMS AND QUANTITIES USTED ON THE WORKSHEET ABOVE ARE ACCURATE AND CORRECT TO THE BEST OF OUR KNOWLEDGIr BY ~4GNING THIS DOCUMENT THE CONTRACTOR AGREES WITH THE INFORMATION LJSTED ABOVE. PREPARED BY: PROJECT PERSONNEL DATE DATE :719 Tra:e Center v','ay. L~n,t I0 ·Napies. Flor,Cia 34!09 * Tele;~none: 239.594.7275 · Fax: 239.594.368). * ,~w.pbsl.com APR O 8 2003_ pg. ~)'~ GOOOLET' '1[ ROAD ~I~NI~Ki PROJECT FROM IRN ~ RO~D TO VANDERBILT BEACH RD COUNTY PROJECT NO.: 10'l ~4 * COUNTY: COCUER e/"P,'o)ee-owne~ CO.DaVy EXTRA WORK SUMMARy LOG lABOR .\ -~ ,~ · EQUU~ UNITS DESCRIPTION TOTAL HOUR~ MATERtAt. S QUANTITY I KIND WE HEREBY Al'rEST THAT THE ITEMS AND QUANTITIES U~TED ON THE WORKSHEET ABOVE ARE ACCURATE AND CORRECT TO THE BEST OF OUR KNOWLEDGE. BY ~GNING THIS DOCUMENT THE CONTRACTOR AGREES WiTH THE INFORMATION LISTED ABOVE. f~J-ECT PERSONNEL AGREED BY: CONTRAC~ivE -- [ ' ~ ~ ' u') DATE DATE -- :715 Tre'~e Center Way, Umt 10 · Nal~tes, Fioriea 34]09 · 'efephone; 239.594.7275 · Fax: 239.594.388]. · www. pbsi,com No. /~J~ u Da~', Dennis, R. From: Sent: To: Subject: Drew Logan [ATL~johnsoneng.com] Thursday, February 27, 2003 8:'-..~4 AM 'Day, Dennis, R.' controller assembly I checked with the signalization designer an= he said that sheet 5 correctly shows the controller asse~b!y. It should have been shown in the summary of pay items table. AGENDA ITEM APR 0 8 2003 Pg. z~ February 17, 2003 Ajax Paving Inc. Acm: Barry Roberts 10501 Six Mile Cypress Parkway, Suite 108 Ft Myers, Florida 33912 SUBJECT: POLE FOUNDATION REMOVAL PRICE .aPPROVAL Dear .Sir, Sob D~-ip6o~: Gcodlette-Frank Road Widening From Pine Ridge Road ~o Vanderbilt Beach Koad Coun~ Project No.: 60134 Con~ract No.: 00-3184 County: Collier Leo. er No. 44 PBS&J has received your letter dated February 17, 2003, with your price to remove signal pole tbundations encased Ln concrete. The price you quoted in your letXer is: 1. 690.33.11 R~MOVAL OF POLE FOUNDATIONS SUBCO.hrTKACTOR 'S PRICE 2. 690-33-11 REMOVAL OF POLE FOUNDATIONS W/5% MARK UP $155900 EA. $1636 95 EA. We have reviewed and haxe accepted this price. If you have any questions, or if we can b~ of further assista$~ce, please contact me at (239) 349-7275. Sincerely, Dennis R. Day Project Engineer PBS&J File 2.02 Juhn COMB. Projecl Managcr. Collier Count,/ Lynn Thorpe P.E. Program Manager. Coflier Count} lorn l}~er. P-E~ Senior Project Engineer, PBS&J 17I? Tracle Center Way, Unit 10 · hazes, F[oriOa 34109 · Telephone: 239.594.7275 · Fac 239.594.3881 · www. pOsi,com AGF..NDA. ITE! Ii0-I 1 APR 0 8 2093- I Janua-,3' 27, 2003 Ajax Paving Inc. Arm: Barry. Roberts 10501 Six Mile Cypress Parkway, Suite Ft Myers, Florida 33912 SUBJECT: REQU1E~T PRICE TO D/CA$E UTILIT'¥ LINT~ IN CON~ IN LIEU OF SI'ELL CASING Job Description: Goodlctte-Frank Road Widezfing From Pine Kidge Road to Vmderbilt Beach Road County Project No.: 60t34 Con~xact No.: 00-3184 County: Collier Letter No. 23 Dear Sir, I am requesting a price for encasement of the new utili~ lines in concrete in lieu of using steel casing that is sho~ in the plans. This alternafve method was mentioned by Fred Sexton of Collier Count)' Public Utilities Engineering Department and approved by John Conri Collier Comity Project Manager at the last weekly progress meeting for use on this project. Fred stated that the concrete encasement should be a minimum of 12" thick with a minimum PSI of 2500. Please provide me with a cubic yard per linear foot price to encase a 16", 20", & 24" utility lines. This price shall include all cost associated with installation of the concrete encasement. lfyou have any questions, or if we can be of further assistance, please contact me at (239) 549-7275. Sinc~ly, Project EdiCt PBS&J Trade Cen:er ~'~a~, Ur'it lO · Naples, Fioricla 34109 · Tetept~one: 239.594.7275 · Fax: 239.594.3881 · www.pbsl.com APR 0 8 2003 ~ebma~ 6, 2OO3 PBS~J 1719 Trite Ommr Way, Unit 10 Navies, FL. 341~ Subj~t: ~~ ~ W~ Pro~ Mr. ~, 16" co~ ~t ~.~ lO' c~ ~t S~.~ P.~ 24" c~ ~t $9~.~0 P~F Excisions: ~o f~ dy~ ~tin~ If ~e ~c~ ~ Ic~mblc m ~u p~ ~m ~ u a ~ ~ wi~ Proj~l AGENDAITEM No._ _~.~_,.~/~ -(0 APR I)8 2003 Pg' _ EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND RIVIERA FEDERATION ASSOCIATION, INC. (RFA) FOR THE MAINTENANCE OF A PORTION OF CHARLEMAGNE BOULEVARD AT NO COST TO COLLIER COUNTY WITH AN ESTIMATED SAVINGS TO THE COUNTY OF ABOUT $2500 OBJECTIVE: To obtain Board approval of a Landscape Maintenance Agreement between Collier County and RFA, an association of Homeowners' Associations in the Riviera Golf Estates neighborhood. CONSIDERATIONS: The R.FA has requested that they be permitted to maintain the existing grassed medians within the Charlemagne Boulevard right-of-way. Up to this time, the maintenance has been carried out by the Road Maintenance Department (formerly the Road and Bridge Section). The RFA has determined that they can better meet the needs and desires of their membership by taking over this task. Toward that end, an Agreement has been proposed (Attachment No. 1) to permit the transfer of this maintenance from Collier County to RFA. This Agreement is consistent with other similar agreements currently in place. _.~aFhbISCAL IMPACT: The cost of maintaining this section of median is estimated to be out $2500 annually. The positive outcome of executing the attached agreement is that is cost will no longer be necessary to be budgeted in Fund 111. GROWTH MANAGEMENT IMPACT: There is no growth management impact from the execution of the proposed agreement. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement and aufl,horize the Chairma/(to execu, t~' it on behalf of the Board. Edward J. Kant~sl~ria/~ion Operations Director REVIEWED BY: '~'/ ~'~g~//¢~.l'' Date: 3//7/O.3 Michael-E~n~.{, lff.~i., Road Maintenance DireCtor / Attachments: No. 1 7t Draft Agreement No.A_G.~ ITEM APR 0 8 2003 LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND RIVIERA FEDERATION ASSOCIATION, INC. THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ,2002 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, ("County"), and Riviera Federation Association, Inc. ("RFA"), whose mailing address is c/o R.S. Tibbetts, 351 Charlemagne Boulevard, Unit C101 Naples, FL 34112. WITNESSETH: WHEREAS, RFA desires to improve the appearance of the roadside along the Charlemagne Boulevard right-of-way by assuming the maintenance responsibilities for that portion of the right-of-way from Rattlesnake Hammock Road to Marseilles Drive. WHEREAS, RFA is desirous of maintaining and replacing as necessary the existing improvements, consisting of grassed medians for an indefinite period of time, at their sole cost and expense; and WHEREAS, RFA and the County agree that the level of service to be provided for said maintenance activities is over and above the County's base level of service for rights-of-way of a similar nature. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. If required by the County, RFA shall obtain any permits needed from the County for the maintenance of the improvements at no cost to the RFA. 2. RFA expressly agrees for itself, its successors and assigns, not to use the Charlemagne Boulevard fight-of-way in a manner that would interfere with or adversely affect the traffic operation or maintenance of the Charlemagne Boulevard fight-of-way by the County or the public. 3. Should the RFA fail to maintain the improvements in accordance with the County requirements, the County may provide notice to the RFA, in writing, specifying the nature of the deficiency. Within five (5) working days of receipt by RFA, its successors or assigns, of the notice, the RFA shall cause the appropriate n effected, at no cost to the County. ATTACHMENT NO. / PAGE, / OF. ,5 In the event damage to, or failure to nti~al~ JAPR 13 8 ~,~3 improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior written notice to the RFA, and present a bill to the RFA for all actual costs incurred in effecting the repairs together with invoices. The RFA shall reimburse the County for these costs within forty-five (45) days of receipt of the County's bills. 4. RFA shall indemnify and hold harmless the County hereunder, from any loss or damages the County, its employees and assigns may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs or judgments, including attorney's fees and costs of litigation, against them arising out of or related to the R.FA's, use of the Charlemagne Boulevard right-of-way for the purposes set forth in this Agreement. 5. The County agrees to give RFA written notice of any claims filed against the County in connection with this Agreement within 30 days of the date that the County is aware of such claim. 6. Prior to commencing the maintenance of the improvements, RFA shall obtain a right-of-way permit fi'om the County, which shall address, among other things, the timing of the work, maintenance of traffic flow during maintenance operations, and the permissible lane closures, if any, during the time that work is to be performed. 7. This Agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida, and until the earliest to occur of either (i) the County implements any plan that modifies the Charlemagne Boulevard right-of-way, (ii) the County determines that the improvements cause a safety or capacity issue, (iii) in the event of the formation of a Municipal Services Taxing/Benefit Unit in which the RFA elects to participate, or (iv) at the request, in writing, of the RFA to the County. In the event the RFA requests termination of the Agreement under sub-paragraph (iv) preceding, the County will assume maintenance responsibilities at the same or similar level of service as other like roadways. 8. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall insure to and be the obligation of the parties and their respective heirs, successors or assigns. 9. This Agreement constitutes the entire understanding between the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 10. parties. This Agreement may only be amended by written agreement of all of the 11. Provided the maintenance of the improvements has not commenced, the County may terminate this Agreement at any time by giving RFA, or its successors or assigns, 60 days written notice. IAIIACHhAENI NO. / PAGE 'z.- OF AGENDA ITEM No._ I APR 13 B 2003 12. of Florida. This Agreement shall be governed in accordance with the laws of the State 13. This Agreement shall not be construed as creating or transferring any property fights in Charlemagne Boulevard to RFA. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first written above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Witnesses: Print Name: Print RIVIERA FEDERATION ASSOCIATION, INC. Name and Title -'~ ' r! ~ ~' COUNTY OF COLLIER STATE OF FLORIDA //~ day of of Riviera personally t~c'& ,The foregoing instrument was acknowl.e4ged before ~e this ~~ Association, ~c., on beh[lf of the co. option, who is ~o~ to me or h~l, ~, ~ h~ produc~ suitable identification. ..:~-:?. ~s~ umw~ ~:~ My Co~ission ~ires: [PAGE .~ _OF -~ 3 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 3 IN THE AMOUNT OF $48,397.28 TO AJAX PAVING INDUSTRIES, INC. FOR THE GOODLETTE FRANK ROAD PROJECT, FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134. ~ To obtain Board of County Commissioners approval of Change Order No. 3 in the amount of $48,397.28 to Ajax Paving Industries, Inc. for the Goodlette Frank Road Project, Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. CONSIDERATION:. On October 22, 2002, the Board of County Commissioners approved the contract with Ajax Paving Industries, Inc. for the Goodlette Frank Road Project four and six lane road Project, from Pine Ridge Road to Vanderbilt Beach Road (Agenda Item 10C). This Change Order represents the following changes to the contract: l) Added additional embankment to compensate for removal of the existing asphalt pavement. 2) Remove sand cement riprap from the contract. 3) Added extra work in order to use the existing drainage pipe. 4) Added endwall treatments in order to decrease future maintenance cost. 5) Pay additional design costs to save additional money with regards to the street lighting system. (_-FISCAL IMPACT: Funds in the amount of 48,397.28 are available in the Transportation SUpported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #65) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 3 in the amount of $48,397.28 to Ajax Paving Industries, Inc., for the Goodlette Frank Road Project, Proi~ct No. 60134. ~n R.fThorpe, P.E., Principal Project Manager Gregg R. Strakaluse, Director, T.E. & C.M.D. St'e~e dar~vl bit'tot ~ Purchasing/~ :ner/l~rvices / N ~~~ t ido~nr'D/~s ~nAdministrat°r DATE:~ ~.b~ DATE: DATE:---~/~ ~/O~ DATE: APR 0 8 2003 P~ PROJECT NAME: BID/RFP #: NAME OF FIRM: CONTRACT MODIFICATION CHECKLIST FORM Goodlette Frank Road MODIFICATION #: 3 Ajax Paving Industries1 Inc. CONTRACT AMOUNT: ORIGINAL $12,496,051.66 CURRENT COMPLETION DATE(S): ORIGINAL: 1012tl04 CURRENT: 1012tl04 PROJECT #: 60134 CURRENT $ 12,729,818.87 SUMMARY OF PROPOSED CHANGE(S): A, adding embankment to compensate for the existing pavement removal, modifying the proposed drainage design and revisin¢; the proposed li;Ihti,,~! system to save the County contract dollars. Revising the discharee design into pond JUSTIFICATION FOR CHANGE(S): The proposed changes will save the County tax dollars, facilitate construction and reduce future maintenance. p~!;IT~CONTACTED REGARDING THE CHANGE: Aiax Paving Industries, Mid- Electric, Tom Deer (PBSJ) IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT MANAG.~R RECOMMENDATION: APPROV~F.~~ ,~~ Date: DISAPPROVE: Date: COMMENTS: 11107102 APR 0 8 2003 F:,9 c,~ CllANGE ORDER 003 TO: Mr. Richard J. Billlan Ajax Paving industries Inc. 10501 Six Mile Cyprcss Pkwy, Suite 108 Fort Myers, FI. 33912-6400 FROM: Project Name: Goodlctte Frank Road Widening Construction Agreement Dated: Chanse Order No.: Two (2) Colli~n County Translx~atiofl Engineering 8: Cor. stmction Management l~partment 2675 South ltor~sho~ L~'ive, Suim #401 Naple~, Florida 34104 P.O. No.: 4500002260 Projecl No.: 600134 Bid No.: 02-3434 Date: 3/'25/03 Change Order Description: (See ARached Change Order Summary) Original agreement amount ............................................................... $ 12,495,051.66 Sum of previous change orders amount ............................................ $ 186,369.93 This Change order Amount [add] .................................................... $ 48,397.28 Revised Agreement/Imount ............................................................... $ 12,729,818.87 Original contract time in calendar days to substantial ............... 690 days Adjusted number of calendar days due to previous change ~rders. 0 days This change order adjusted time is ....................................... 0 days Revised Contract Time in calendar days substantial ................ 720 days Original Notice to Proceed date .................................................. Completion date based on original contract time ......................... Revised completion date .............................................................. Revised completion date to final ..................................... December 02, 2002 October 21, 2004 October 21, 2004 November 20, 2004 Your acceptance of this change order shall constitute a ~nodification to our Agreement and will be perforated subject to all the same terms and condi',ions as contained in our Agreement indicated above, as fully as if the same were repeated in :his acceptance. The adjustment, if any, to this Agreement shall constitute a full and final selflement of any and all claims of the Contractor arising out of, or related to, the change se[ forth herein, including claims for Prepared by: Dennis l~.~-Pr?ject ~.uginecr / / ~' ,7-~ ,-'~ ~ i_ ,'.; ..; Review'ed by: .~.--~4.~,,, ,~<~. (.,/~tt,-~,--~- Date: . Jo.,~i Conti, Project Manager Reviewed by: /~/'6r Date: __ Roy B. Anderson, P.E., P.U.E.D. Director Ly/~ R.'Thorpe, P.E., Principal Program Manager Approved by: Date: .__ Accepted by: Gregg Strakaluse, T.E.C.M. Director Richard J. BilliOn, Project Manager, Ajax Paving Industries, Inc. AG D ITEM APR O 8 2003 AGENDA. ITEM .o. lto'~ APR 0 8 21303 pg. Chan ,.e Order # 3 Summary ROADWAY Pay Items 120-6 EMBANKMENT Additimxal quantity added zo the conWact lo gompensatc for removal of existing asphall. Plan Error $ 33,233.55 Increase 530-1 SAND CEMENT R{P RAP Pay Item removed from contract. Design Ckange New Pay Iteins 999-003 EXTRA WORK FOR CONNECTING EXISTING 24" IIDPE INTO S-$ Pay Item added for additional work to use existing drainage pipe. Negotiated Price $ 2933.33 Increase 999-004 EXTRA WORK FOR 2 NON FDOT CONRETE ENDWALLS Pay Item added to upgrade endwall treatment thai will decrease future maintenance cost. Negotiated Price S 25.683.00 Increase ROAi)WAY LIGHTING New Pay Items. 999-005 LIGtlTING PLAN REDESIGN FEE FOR VECP Pay item added to the contract for the contractor can proceed with re~iesigning thc roadway lighting to save Collier County tax dollars. 'Vegotialed Price $ bOg0.{gl Increase AGENDA ITEM APR 0 8 2003 Pg. 5 _. EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING EXECUTION OF A FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FOR THE RURAL SAFETY REFUGE PROJECT; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To obtain Board of County Commissioners approval of a Resolution authorizing the execution of a Florida Department of Transportation Local Agency Program agreement for rural safety refuge project; and to provide an effective date. CONSIDERATIONS: The Rural Refuges Project has a functional relationship to the inter-modal transportation system by providing and encouraging an alternative means of transportation from automobiles to bicycles and pedestrians. The project would upgrade and improve the neighborhood's environment by providing a safe haven for school children to wait for the school bus. Currently children are standing or sitting in the roadway and chaining their bikes to street signs and power poles. .~?_FISCAL IMPACT: A budget amendment is needed to recognize revenue and expenses in the amount of $135,125 for the Rural Safety Refuge Project. The funds will be appropriated within the Gas Tax Fund under project number 45050. Funds are being reimbursed to the County by the Florida Department of Transportation for the Rural Safety Refuge Project. GROWTH MANAGEMENT IMPACT: This Agreement is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board enter into the LAP Agreement with the FDOT for the Rural Safety Refuge Project, approve the attached Resolution and authorize the Chairman to sign the Resolution on behalf of the Board and approve the necessary budget amendment. Prepared by: Date: I~b etersen, Project Manager, Alternative Transportation Mode~ Reviewed i~~FiI Date: '~> ! ' ~ ] ~_,~ by: _ r ' I Diane,, gg, Alternative Transportation Modes, Directo Approved by: ~//t ~r~ Date: Norma E. Fede rtation Services Administrator ,APR $ 2O03 Pg- I - ! RESOLUTION NO. 2003- 2 3 A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF '~ FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FOR THE RURAL SAFETY REFUGE ~ PROJECT; PROVIDING AN EFFECTIVE DATE. $ WHEREAS, the Collier Coumy Board of Commissioners (Board) wishes t~ provide g Rural Safety Refuge Shelters for School children; and 10 WHEREAS, the State of Florida Department of Transportation (FDOT) is autlu:~z~l I 1 under Section 334.044, Florida Statutes, to enter into a Local Agency Pnagram (LAP) Agreement 12 with certified agencies; and 13 WHEREAS, Collier Count)' is a certifie:l agency;, and 14 WHEREAS, the purpose of the LAP AL. Teement is to provide for the FDOT'$ 15 participation in Collier County's "Rural Safety Refuge" Project, further described in Exhibit t 6 "A'; and 17 WHERE. AS., tile Board believes such an Agreement to be in the best interest of the 18 citizens of Collier Count-:'. 19 NOW THEP~FORE, be is resolved by -J'~e Board of County Commissioners, of Collier 20 County that: 21 SECTION ONE: The Board does hereby authorize its Chairman to execute the FDOT LAP 22 Agreement attached hereto as Exhibit "B' for participation in the "Rural Safety Refuge" Project ~ wherein Collier County agrees to pa)' the estimated project costs of$135,125.00 and complete the project on or before December 31, 2003. 25 SECTION TWO: Upon completion of the projects as set forth in the LAP Agreement, the 26 FDOT agrees to reimburse :he es~irnated projects cos~ of $135,125.00 to Collier County. 27 SECTION THREE: This Resolution shall take effect immediately upon its passage. This 28 Resolution adopled after motion, second and majority vote favoring same this __ day of 29 ,2003. 30 ATTEST: 31 DWIGHT E. BROCK, Clerk 32 33 By: 34 Deputy Clerk 35 36 Approved as to form and Legal Sufficiency: 39 ~}~queline Hubl3&rd RobinsSh ' a0 ~e~sistant Count)' Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORiDA By:. Tom Henning, Chairman API 2O03 Pg. C~' OFFICE OF THE CO UNTYATTORNEY INTEROFFICE MEMORANDUM TO_· FROM: DATE: RE: Gerald Morris, Senior Planner-AltTrans Modes Jacqueline Hubbard Robinson, Assistant County Attorney February 20, 2003 Resolution Agreement w/FDOT re: Rural Safety Refuge Project (RLS TRN03012301) The attached agreement and resolution have been reviewed for legal sufficiency and form. However, please understand that the second paragraph of the agreement in section 6.00 permits the Florida Department of Transportation to offset money from other County projects. This paragraph states: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payrnents due for work or services done under any a~eement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. If you have any questions, please contact this office. cc.' David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Norman Feder, Transportation Administrator Diane Flagg, Director- AltTrans Modes H: Jackie/ Transportation/ Memo to Gerald Moa-is 22003 .APR 2003 Pg. 3 State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT FPN No 199452-1-58-01 Federal No: 8888 893 A FPN No. Federal No: County No. Fund: 215 Org. Code: .~(314~31rllR~3 Fund: Org. Code: Contract No: 525-010,-40 CONSTRUCTION OGC - 11/02 Pa3.1 of 12 FLAIR Approp: FLAIR Obj.: ~n~ FLAIR Approp: FLAIR Obj.: Vendor No.: F .~_qRnnn.~_~R1 n? Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an a.qenc¥ of the State of Florida, hereinafter called the Department, and C. nlli~,r ~n~mf.v; Affn' FinRnn~_ r")P,nf · ?R71 Air,nnrf Rd. RfR ?R?; NR,nle_% FI R4117 hereinafter called the Agency. WlTNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in ail areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: ~1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in 'ublic Transc)~)rtation Shelter and as further described in Exhibit "A" attached hereto and by this reference made a part ,~ereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. · 1.01 Modifications and Additions: Exhibit(s) A & B are attached hereto and by this reference made a part hereof.' 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the'project on or before 12/31/2003 If the Agency does not complete the project within this time pedod, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to -,-mdertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency I initiate and consummate, as provided by law, all actions necessary with respect to any such ma', 2.04. Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of th~ 525--010-40 CONSTRUCTION' OGC - 11/02 Page2 of 12 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agenc'y shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $135,125.00 . This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Depa~ment's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available fo expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supporte~ shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Feder Where correctable non-compliance with provisions of law or FHWA requirements exists, federal fun¢ until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department m in parcel or project costs in part or in total. ,Y de~.~Rrtl~i§a~l~)O3 pg. 525-010-40 CONSTRUCTION- OGC o 11/02 Page 3 of 12 ,-or any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. .J2 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: 'All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards dudng its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards dudng its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. ~porting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. l'he a~~i(F[~l~l .-.. items are to be received by the appropriate FDOT office no later than 9 months after the end of the rel ipil~lltt.'s lY 2OO3 525-010--40 CONSTRUCTION OGC - 11/02 Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred All recipients of funds from this agreement, including those contracted by the Agency, mUst submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the aI ~uun[/~~ _(i~M within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not b~ CelqFs?ere(~la~.~_ cn of contract by the Department. - - APR 6' 2003 7 Pg. 525-O10.40 CONSTRUCTION OGC - 11~)2 Page 5 of 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having beenadvised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred , the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration ~,- the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.0'1 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficienc with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination o specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may A ~.lude any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and .,ntracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and cost of which are otherwise includable as project costs. The termination or suspension shall be ca~ with the latest schedule, plan, and costs approved by the Department or upon the basis of terms ar :)ther ~~rJ~E~e d conditions -- APR 2003 Pa. ~' ..... 525-010-40 CONSTRUCTION OOC - 11/02 Page 6 ~ 1' imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonabl time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomp!ished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the oppo~unity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms 'covered "debarred," "suspended,' ineligible," "lower tier covered transaction,' 'participant,' "person," pdmary covered transaction," "principal," "proposal,' and "voluntarily excluded," as used in this clause, have the meanings set oul Coverage sections of rules implementing Executive Order 12549. Contact the Department for assis copy of those regulations. a n ~leo~~itT~E~M API $ 20O3 525010-40 CONSTRUCTION OGC - 11/02 Page 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,' provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: he Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or a~ency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfeq recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the .particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil .~Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, he Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the require..=n.~l~T~j~r~ the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency ~u APP,. 8 2003 525-O10-40 CONSTRUCTION- OGC - 11/02 Page 8 of 1~ 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not 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. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter sha!l h~.ve any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which ma then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has no1 ~.~,er~i~[TEMi pa~a - , agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its applicatio~ foilI hereunder. - 525-010-40 CONSTRUCTION OGC - 11/O2 Page 9 of 12 3.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge o expense adsing out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act b the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the c!@im and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any dght herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one ._p_.arty participates in the defense of the claim at trial, that party is responsible for all expenses at trial. .,J.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all app~upriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approvedportions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrumenL 13.'13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the "'"'ency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a memb~.r - 2,ongress an officer or employee of Congress, or an employee of a member of Congress in conr awarding of any federal contract, the making of any federal grant, the making of any federal loan, cooperative agreement, and the extension, continuation, renewal, amendment or modification of ar grant, loan, or cooperative agreement. 525-010-40 CONSTR!JCTION OGC - 11/02 Page 10 of 12 If any funds other than federally appropriated funds have been paid by the Agency 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 this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (~) wil O will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors wil~ result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice provided to the Depa~ment. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Title: BOCC Chairman or Desginee Title: Director of Production Attest: Attest: ' Title: Clerk Title: Executive Secretary As to form: As to form: At t~...Cn ey g District Attorney See attached Encumbrance Form for date of fundi,~g approval by Comptroller. APr $ KI03 J I Pg. ~.~ FPN NO.199452-1-58-01 525-010-40 CONSTRUCTION 0GC - 11~)2 Page 11 of 12 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated PROJECT LOCATION: Rural area of Collier County The project O is (~) is not on the National Highway System. '~'"he project O is ~ is not on the State Highway System. PRO. iFC, T fbFRC, RIPTtON: Construction and inspection of school bus safety shelters. SPECIAL CONSIDERATION BY AGENCY: All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2001 edition as amended, and (2) The FDOT roadway and traffic design standard, 2001 edition as amended, and (3) For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive NegOtiation Act" b) FDOT "Project Development and Environmental Manual," where appplicable c) The Local Agency Program Manual SPECIAL CONSIDERATION BY DEPARTMENT: -""he Department shall reimburse the Agency upon completion of work, subject to funds availability, in .u rrently FY 02/03). h~. v~.~r nrnnr~mm~ci AGENDA ITEM .o. AP R pg. 525-010-40 CONSTRUCTION OGC - 11102 Page 12 of 12 AGENCY NAME & BILLING ADDRESS Collier County Attn: Finance Department 2671 Airport Rd., Ste. 202 Naples, Florida 34112 LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT 'B" SCHEDULE OF FUNDING FPN. NO. 199452-1-58-01 Name Various rural locations PROJECT DESCRIPTION Termini Various school bus stops throughout some rural areas of Collier County. Length N/A FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK by Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS P.E. 2002-2003 2003-2004 2004-2005 Total PE $0.00 $0.00 $0.00 Right-of-Way 2002-2003 2003-2004 2004-2005 Total Riqht-of-;¥ay Cost $0.00 $0.00 SO.O0 Construction 2002-2003 S135,125.00 $0.00 $135.125.00 2003-2004 2004-2005 2005-2006 Total Contract Costs $135,125.00 $0.00 $135,125.00 Constr~ion Engineering and Inspection 2002-2003 $0.00 $0.00 $0.00 2003-2004 2004-2005 $0.00 $0.00 $0.00 Total Construction Engineering To,al Consl~ucSon Cost $135,125.00 $0.00 $135.125.00 ESTIMATED TOTAL COST OF THE $135,125.00 $0.00 $135,125.00 PROJECT The DepartJnent's fist. al year begins on July 1. For this project, funds are not projected to be availabte until after The Department will notify the Agency, in writing, when funds are available. July 1st each fiscal year. AGENDA ITEM No. /C: ~' Apr 2003 pg. /5~' EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 3 IN THE AMOUNT OF $6,157.30 TO BETTER ROADS, INC. FOR THE LIVINGSTON ROAD PROJECT, PHASE III, FROM PINE RIDGE ROAD TO IMMOKALEE ROAD, PROJECT NO. 62071, AND AUTHORIZE RELEASE OF WCI COMMUNITIES IN EXCHANGE FOR PAYMENT OF $297,791.50. OBJECTIVE: To obtain the Board's approval of Change Order No. 3 in the amount of $6,157.30 to Better Roads, Inc. for the Livingston Road Phase III Project, Pine Ridge Road to Immokalee Road, Project No. 62071, and its authorization of a general release of liability in favor of WCI Communities, Inc., upon payment of the sum of $297,791.50 to the County. CONSIDERATION: On September 24, 2002, the Board of County Commissioners approved the contract with Better Roads, Inc. for the six lane Livingston Road Phase III Project, from Pine Ridge Road to Immokalee Road (Agenda Item 1 OH). This Change Order represents work to be done at the Tiburon golf cart crossing, north of Vanderbilt Beach Road. Pursuant to a Developer's Contribution Agreement with WCI Communities, Inc. ("WCI'), the golf cart crossing was to be constructed and paid for by WCI. On April 23, 2002, the Board of County Commissioners approved an Amendment to the Developer Contribution Agreement to allow for an extension of time within which to complete the crossing improvements as required. (Agenda Item 16B(7)) As a result of this commitment, the crossing was included in the design plans for this Project. WCI commenced the work but was unable to complete the embankment work as required. The County's contractor, Better Roads, is able and willing to complete and warranty the improvements as part of its roadway construction. The County has demanded that WCI either complete the work or pay the County the cost of completing the construction of these improvements within ten days, which staffhas calculated at $297,791.50. A copy of the demand letter is attached. The preceding amount was calculated as follows: 1) Current bid items, which include embankment, guardmil and appurtenances, and handrail 2) Additional work at cart crossing (This Change Order) 3) Less embankment (credit) installed by WCI Total due $415,134.20 $ 6,157.30 ($123,500.00) $297,791.50 WCI has agreed to pay the County if it can be released from any further obligation as to the embankment item. The County Attorney's Office has prepared a general Release, which releases WCI of any future liability for claims arising out of or relating to the construction of the golf cart crossing and does not affect any of WCI's future responsibilities for the maintenance and use of the golf cart crossing or its obligations under its Developer Contribution Agreement, as amended. The County remains o, wor Coun,'s o a tor, warranty the embankment work once it is completed. WCI has issued two checks for the total amount of $297,791.50. Copies of these checks are attached hereto. Once the Board has authorized the release, the checks will be delivered to the County and an executed Release provided to WCI. FISCAL IMPACT: Funds in the amount of $297,791.50 will be received from WCI Communities, Inc. and deposited in the Transportation Supported Gas Tax Fund (313). This amount includes the additional work for this change order which is estimated at $6,157.30. There is no cost to the County to enter imo this Change Order and have the embankment work completed. GROWTH MANAGEMENT IMPACT: This has no impact on Growth Management. RECOMMENDATION: That the Board of County Commissioners 1. approve Change Order No. 3 in the amount of $6,157.30 to Better Roads, Inc., for the Livingston Road Phase III Project, Project No. 62071; and 2. authorize the Transportation Division Administrator to sign the Change Order; and 3. approve the Release and acceptance of payment from WCI Communities, Inc., in the amount of $297,791.50; and 4. authorize the Chairman to execute the Release upon receipt of payment. AGI~ND,~ ITEM APR 0 8 2003 pg. SUBMITTED B~~. ~ l~yn~R~ '~horpe, P.E., Principal Project Manager Gregg R. S~ak~use, DirectS,, T.E. & C.M.D. steve ~a~'r~l], D~eetor Purchasi ~jGent~ri~Ser~ices APPROVED BY: ~ !7:~fff¢~--~dm~ntstrator Norman ;. Feder, AIC , ' ' 'ransportation Division DATE: ..~o DATE: ~'~ DATE: AGEN D~A ITEI~ No. APR 0 8 2003 Pg. GENERAL RELEASE That COLLIER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), for and in consideration of the sum of TWO HUNDRED NINETY-SEVEN THOUSgaNrD SEVEN HUNDRED NINETY-ONE AND 50/100 DOI .I .ARS, ($297.791.50), the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, and forever discharge WCI COMMUNITIES, INC., a Delaware corporation ("wcr'), as well as its employees, agents, attorneys, representatives, successors and assigns, of and from any and all, and all manner of, actions and causes of action, rights, suits, covenants, contracts, agreements, judgments, claims, warranties, implied or express, and demands whatsoever in law or equity, arising from and by reason of the construction of the golf cart underpass within the Livingston Road right-of-way, and as more specifically described in the. Amendment to Standard Form, Collier County Developer Contribution Agreement for Road Impact Fee Credits for WCI Communities, Inc., and attachments, whether known or unknown, foreseen or unforeseen, including any claims for bodily and personal injury, death, or property damage. This Release is expressly limited to claims that are related to the construction of the underpass and shall not be construed as releasing WCI from future liability for its maintenance or use of the golf cart underpass or the easement within which such improvements lie. In witness whereof, the Chairman of the Board of County Commissioners of Collier County, has set his hand hereunto on this ~ day of April, 2003. ATTEST: DWIGHT E. BROCK COLLIER COUNTY, a political subdivision of the State of Florida , Deputy Clerk By: TOM HENNING, as Chairman Approved as to form and legal sufficiency: I fl / ('{/? · Ellen T. Chadwell Assist~t County ARomey AGENDA ITEM APR 0 8 2003 CHANGE ORDER#,3 TO: Better Roads, Inc. P.O. Box 9979 1910 Seward Ave. Naples, Ft 34109 FROM: Collier County T.E.C.M.D. 2675 Horseshoe Dr. South Suite 401 Naples, FL 34104 Project Name: Livingston Road ill Project No. #62071 Pine Ridge to Immokalee Purchase Order Dated: Purchase Order No.: Change Order No.: October 24, 2002 207487 (Better Roads) 3 Date: March 17, 2003 Change Order Description: I Additional work at Touchstone Overpass to Correct improper placement of ,fill by WCI. By accepting this change order the con[factor, Better Roads, Inc., accepts & warrants the final roadway including the fill matedal placed previously by (Ptease See Attached Detailed E~tanation). Original agreement amount .................................................................................................. This Change Order ............................................................................................................. Revised Agreement Amount .............................................................................................. Original contract time in calendar days ....................................... Adiusted number of calendar days.due to previous chanoe orders This change order adjusted time is ........................................................................ Revised Contract Time in working days ............................................................... Odginal Notice to Proceed date ............................................................................. Completion date based on original contract time ....................................................... Revised completion date due to change order(s) ....................................................... 750 days 0 days 0 days 750 days November 4, 2002 November 30, 2004 November 30, 2004 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all of the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shell constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. APR 0 8 2003 pg. 5 Accepted by: Approved by: Reviewed by: .=repared bT. ,/,~seph Mf'Restino, Better Roads, Inc. G-'7'egg'R. Strakaluse, Director, T.E. & C.M.D. Date: Date: ,' / ~.,~,,.._. / ..- \,¢~._ .~-.- Date: ...~.b~/nn R;~Thorpe I~ Principal Project Manager, T.E. & C.M.D. - I ;/- / /' ~ ~.~"i i )....----~---~ Date: Mlcnaei Marioh. AiM Enaideerina. Proiec~ Ena. Approved by: Date: Norman E. Feder, AICP, Transportation Administrator NofGENDA ITEM APE 0 8 2003 ~-~ 1 Additional work at Touchstone Overpass to Correct improper placement of fill by WCI. By accepting this change order the contractor, Better Roads, Inc., accepts & warrants the final roadway including the fill material placed previously by WCI. Add Pay Item: S-002 Touchstone Overpass ILS $6,157.30 = $6,157.30 Subtotal = $6,157.30 TOTAL THIS CHANGE ORDER ADD $6,157.30 APR O 8 2003 ~1. (/9 Z AGENDA,. ITEM .o. !,_,~ APE I:1 8 2003 Pg. ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livingston Road Phase III PROJECT #: 62071 BID/RFP #: 20-3413 MODIFICATION #: 3 NAME OF FIRM: Better Roads, Inc CONTRACT AMOUNT: ORIGINAL $18,899,386.08 CURRENT $ 19~179~437.49 CURRENT COMPLETION DATE(S): ORIGINAL: Nov. 30, 2004 CURRENT: Nov. 30, 2004 SUMMARY OF PROPOSED CHANGE(S): Additional work to be done at the existing Touchstone cart crossin.q (Tiburon - WCI Communities, Inc.). The money for this Change Order will be reimbursed by WCi Communities, inc. JUSTIFICATION FOR CHANGE(S): This work is necessary so as not to delay the nPniaet and tn ;n~P-~ that th~ rn~d i~ h,~ilt tn ~nt~hi~ ~t~ndnrd~ PARTIES CONTACTED REGARDING THE CHANGE: Ms. Ellen Chadweil. Michael Beaudette (WCI Communifies~ Inc.), Michael Marion and Denis Roza (Aim En_aineerin.cl ( our CEi) IMPLEMENTATION STEPS (Check each before proceeding with change) ~X Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT '~R RECOMMENDATION: Date: ..~//'~/'C'--~' DISAPPROVE: Date: COMMENTS: APR 0 8 2003 Pg. q COLLIER COUNTY _ ~ DAVID C. WEIGEL 3301 Tamiami Trail East ~ Heidi F. Ashtort Naples, Flodda 34112-4902 ~ Jennifer A. Belpedio Telephone: (239) 774-8400 ~ Ellen T. Chadwell Via Facsimile (498-8277) and U.S. Mail Ramiro Maf~ich William E. Mountford Thomas C. Palmer Michael W. Petttt Jacqueline Hubbard Robinson Marjorie M. Student Patrick G. White Robert N. Zachary FAX: (239) 774-0225 Vivien Hastings, Esq. WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134 Re** Developer Contribution Agreement for WCI Communities Demand for Performance Dear Ms. Hastings: As your recent letter indicates, you are aware of the deficiencies relating to the fill placed by WCI for the golf cart overpass and the current incomplete status of the work. Pursuant to the Developer Contribution A~eement and the amendment thereto, WCI is to complete the construction of the golf cart underpass by March 15, 2003. The date reflects an adjustment, as permitted by the amendment, to the original deadline of November 1, 2002 as a result of delays in permitting. I don't believe there is any dispute about this deficiency and the need to scarify and re-compact the existing fill before completing the overpass construction. (see MACTEC Engineering Letter Report d. 1/16/02) To date WCI has placed only 19,000 cubic yards of fill on the site. In light of WCI's responsibility to place an additional 60,482 CY in order to complete the a~eed- upon work, it doesn't appear likely that WCI will meet this deadline. Work on the overpass has been halted for more than three months due to the defective fill. Further delay is adversely impacting the County's project schedule and the contractor's ability to complete its performance. At this juncture the County has no choice but to demand that the work be continued immediately by WCI and completed as expeditiously as possible. Section 1.0 of the Amendment provides that, in the event the work is not completed by March 15, 2003, liquidated damages will accrue at $2,106 a day. The County is willing to propose the following alternative. Due to the fact that the County may be able to mitigate delay damages resulting from WCI's failure to complete the overpass work by March 15, 2003 by having the road contractor, Better Roads, correct and complete the work, the County is willing to accept cash payment from WCI for the estimated cost of correcting and completing that portion of the embankment work associated with the overpass. However, any such agreement would require that payment be made within ten (10) calendar days. This cost has been estimated by our project manager at $297,791.50. Thi: ~ .... APR 0 8 2003 cubic yards of fill at $8.45CY. This estimate, of course, does not include any liquidated damages. Please consult with your client and get back to me no later than March 17, 2003. · If we fail to receive any written assurances of performance from WC-I by that time, we will consider WCI in breach and proceed accordingly. Sincerely, Ellen T. Chadwell Assistant County Attorney /etc cc: Gregg Strakaluse, P.E., Director. T.E.C.M.D. Dale Bathon, P.E., Principal Proj. Mgr. Lynn R. Thorpe, P.E., Principal Proj. Mgr. David C. Weigel, County Attorney AGENDA, ITEM APR 0 8 · ~g! L[GAL Fax: 235-,50-8277 T-385 ,> 00Z/003 F-g65 ~lar 2r~ 2003 WCI CoMMu m S, I c. Facsimile Cover Sheet To: . Company~ · - " Phone: Fax: From: Company: Phone: .... 'Fax: Date: P=ges including cover page: ,Comments: WCt- Communities~ f,94],) 49s- AGENDA,ITEM No._ I~t'~ ~- APR 0 8 2003 i_pg. i7~' ~r-~5-03 '~dCl 04:16pm LEGAL From- Fax:239-~98-8277 T-385 P 003/003 F-965 ~OF ~o " i ~0 AGF_~D~I~ APR 0 I) 2093 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 02 FOR THE BAYSHORE BEAUTIFICATION MSTU FUND (160) IN THE AMOUNT OF $112,249. OBJECTIVE: To obtain BCC approval of a budget amendment that will allow unexpended funds in FY 02 Bayshore Beautification MSTIJ Fund (160) to be carried forward and appropriated within the fund. CONSIDERATIONS: Funds were appropriated in FY 2002 for The Bayshore Beautification MSTU Fund. Staff was unable to encumber all the appropriated funds before the end of the fiscal year. Therefore allowing for an additional carry forward that will be appropriated within the fund. FISCAL IMPACT: A budget amendment will be needed to recognize the additional carry forward in the amount of $112,249 and will be appropriated in the Bayshore Beautification MSTU Fund under Improvements General for future improvements within the MSTU. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners authorize the necessary budget amendment to recognize additional carry forward in FY 01. PREPARED BY: /'/",..7/~f"/l ,Sharon Newman, Accounting Supervisor Transportation Services Division Nol~m}[l E. V~det'; AICP, Tran~l~rtation Administrator DATE: DATE: -- AGEND,~ ITEM-- APR 0 8 2003 _ Pg._ EXECUTIVE SUMMARY APPROVE REQUEST FOR THE U.S. ARMY CORPS OF ENGINEERS (USACE) TO PERFORM A DREDGING ASSESSMENT OF GOODLAND CANALS OBJECTIVE: To obtain Board of County Commissioners approval to request that the USACE perform a Goodland Canal Dredging Project Assessment Study. CONSIDERATIONS: There are areas in Goodland in need of dredging. On May 28, 2002 the Board of County Commissioners denied a TDC Grant Application from the Goodland Civic Association for up to $150,000 for an engineering study of six areas in Goodland. On September 26, 2002, Commissioner Henning, Goodland Civic Association President Mike Barbush, and two representatives of the Jacksonville District of the USACE made a site visit. USACE recently provided a Memorandum for the Record indicating that dredging one of the six areas might produce benefits exceeding the cost of dredging. The Memorandum recommends a $10,000 Assessment Study, funded by USACE, to confirm that the benefits would be in excess of the costs. If so, a follow-up Section 107 Study would be conducted if such study costs less than or equal to $100,000, to be funded by USACE. The Assessment Study does not obligate the County to a Section 107 Study. Costs beyond that would be evenly split between USACE and an undetermined source to be pre-approved by the BCC. FISCAL IMPACT: There is no fiscal impact related to this action. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to send the attached letter requesting that USACE conduct the initial study of Goodland. SUBMITTED BY: REVIEWED BY: P~ts Manager Date: Ron Hovell, P.E., Coastal Projects Manager Roy 1~. Anderson, P?Lr.., Pjt~olic Utilities Engineering Director ~:~x-~/¢) -~_ _~'~~ Date~~~ APPROVED BY: es ~r. DeLony, ~ublic Utilities Administrator APR 0 8 2 03 CESAJ-PD-PN MEMORANDUM FOR RECORD Subject: Goodland Site Visit and Meeting 28 February 2003 1. The commissioners of Collier County requested an engineering study for a dredging project in the Goodland, Florida area. This request was made in the enclosed letters dated 15-17 September 2002. A site visit and meeting was held on 26 September 2002. Attending the meeting were Mike Barbush of Goodland, Collier County Commissioner Tom Henning, Mr. George Strain, Chief of Plan Formulation Branch Jacksonville Corps of Engineers (CESAJ), and Bradd Schwichtenberg, Chief of Coastal Navigation Section (CESAJ). Meeting discussions follow. 2. Goodland, Florida is a unique community that incorporates commercial and recreational navigation in a small urban setting surrounded by diverse natural resources. Six areas were investigated where shoaling is affecting navigation. See attached map. Table 1 provides area descriptions. Table 1: Area Descriptions Area/Location Len~tth x Approx Number of Public Access Width x Depth Volume Commercial Or Facilities of Shoal~ (ft) (cy) Vessels 1: Palm Ave 70 x 10 x 10 520 2 Public Ramp West (2 shoals) 2: Palm Ave 200 x 15 x 10 1,100 2 None East (1 shoal) 3: East Court 300 x 15 x 10 1,700 Charter None (1 shoal) . 4: East Court 200 x 5 x 15 600 None None 5: Goodland E 80 x 120 x 10 3, 600 None None 6: Papaya 100 x 10 x 10 400 7 Public fish processing 26 September 2002 4. Section 107 of the River and Harbor Act of 1960 (Public Law 86-645) as amended, allows the Corps of Engine.ers to study and if warranted, participate in the costs of c0hstruction of small_navigation projects. Section 107 allows the Corps to study a small navigation project if the project will "result in substantial benefits to navigation" and if "benefits are in excess of costs". At least 50% of the benefits must be from commercial navigation, and public use must be allowed. 5. Areas 4-5 have no commercial traffic and ti~erefore cannot be considered. It is unlikely that Areas 1, 2 and 3 will generate benefits in excess of costs. Due to the APR 0 8 2003 number of vessels and small shoaling quantity, Area 6 may be able to generate sufficient benefits in excess of costs. It is recommended that the Corps send a team of economists and planners to investigate the potential for a 107 study for Area 6. 6. The cost of such an investigation will be approximately $10,000 and will be borne 100 percent by the Federal Government. Collier County could be the local sponsor for this effort. The investigation team will prepare a short report determining the possibility of proceeding with a Section 107 Study. The Corps will need a letter from the local sponsor ensuring participation in the initial investigation before proceeding. Encls ~,"~?ief, Plan Formulation Branch APR 0 8 2003 PG. (PUT ON BOARD OF COUNTY COMMISSIONERS' LETTERHEAD) March 12, 2003 Mr. Richard Bonner Deputy District Engineer for Civil Works U.S. Army Corps of Engineers, Jacksonville District Third Floor Executive Office 701 San Marco Boulevard Jacksonville, FL 32207 SUBJECT: Goodland Dredging Project Dear Mr. Bonner: Collier County is interested in having representatives from the USACE Jacksonville District come to the village of Goodland in unincorporated Collier County to do a $10,000 assessment, funded by the USACE, to see if sufficient potential navigation benefits could be generated to warrant a Section 107 Study. Mr. George Strain and Mr. Bradd Schwichtenberg of the USACE Jacksonville District made a site visit on September 26, 2002. Mr. George Strain's February 28, 2003 Memorandum for Record stated that dredging the Area 6 inlet located near Stan's Restaurant may be able to generate benefits in excess of cost, which is the requirement of having a Section 107 Study done. If the assessment does indeed show sufficient potential benefits, Collier County would like the USACE to proceed immediately with a 107 Study paid for by the USACE if such study costs less than $100,000. Please inform Collier County of the cost of the 107 Study once it is determined. If the shoals were removed and the canal dredged, the fishing community would receive an economic benefit because traffic to and fi.om this village would improve. The local and state economy would in turn be uplifted. Call me at (239)774-8097 if you would like to discuss this matter. Sincerely, Tom Henning, Chairman Commissioner, District 3 APR 0 8 2ij03 ! EXECUTIVE SUMMARY APPROVE A WORK ORDER, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON & MOORE ENGINEERS, INC. FOR THE ANNUAL MONITORING OF HIDEAWAY BEACH AND T-GROINS, PROJECT 90006, IN THE AMOUNT OF $87,492 OBJECTIVE: To obtain Board of County Commissioners approval of a work order with Humiston & Moore Engineers, Inc. for performing surveys and providing an engineering report in the amount of $87,492. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified fu'ms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of fu'ms, fi.om nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CPE) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the Hideaway Beach Annual Monitoring project with a budget of $100,000. This budget was again approved on September 18, 2002 as part of the total County budget. Humiston & Moore Engineers, Inc. has submitted a proposal in the amount of $87,492 for the annual monitoring of the Hideaway T-groins and beach. This fu'm received work orders worth approximately $335,000 during the first year of their contract and has received approximately $62,000 in the current (second) year of their contract. On February 21, 2003, the Coastal Advisory Committee recommended the approval of this work order under the existing budget and the Tourist Development Council made the same recommendation on February 24, 2003. FISCAL IMPACT: The funding for this work order is available from the $100,000 of the project budget. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a work order, under contract # 01-3271 with Humiston & Moore Engineers, Inc., for $87,492, and authorize the Public Utilities Administrator to execute the work order. AG£NDA IT£N NO. i C_ APR 0 8 2003 PG_... I : SUBMITTED BY: Ron Hovell, P.E., Coastal Projects Manager Rg~t B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY: c//"~-~.'/._zz ,.,_ / ~ u ,/.'-.-~ - : '-' - - '- $1~eph.e~YY.--Carnell, p~fi'~sing/General Services Director ~ames W. DeLony, P.7 Public Utilities Administrator APR 0 8 2003 WORK ORDER #HM-FT-03-01 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Hideaway Beach Monitoring (90006). The work is specified in the proposal dated March 11, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM-FT-03-01 is assigned to Humiston & Moore Engineers. Scope of Work: a. Task I - Surveys, two sets b. Task II- Compaction testing c. Task III- Report d. Task IV - Meetings, Presentations, etc. Schedule of Work: Complete all work by January 15,2004. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I $58,578.00 Task II $ 2,240.00 Task Ill $19,674.00 Task IV $ 7,000.00 (time and materials) TOTAL $87,492.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A'_' of the Agreement.. PREPARED BY: ~ ;2~[/~'°D Ron Hovell, P.E., Coastal Projects Manager / 15ate REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date AUTHORIZED BY: James W. DeLony, P.E., Public Utilities Administrator Date ACCEPTED BY: Humiston & Moore Engineers Authorized Company Officer ~)ate Ken Humiston, P.E., President Type or Print Name and Title APR 0 8 2003 | HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMI~ING 5679STRAND CouRq' ~.FLC~IDA34110 FAX:239 594 2025 PHONE:239 594 2021 March 11, 2003 Mr. Ron Hovell, P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Re: Proposal for Monitoring of the Hideaway Beach T-Groin Project Performance: April 2003 and November 2003, (6th year monitoring) Continuing Services Contract RFP-01-3271 HM File No. 13-008 Dear Mr. Hovell, As requested, we are providing you with this proposal for the continued monitoring of the T-groins and comprehensive monitoring of the Hideaway Beach shoreline. Specifically, we are providing you with this proposal for the April 2003 and November 2003 monitoring of the performance of the Marco Island T-Groin Project, as required by DEP to satisfy the monitoring requirements of the temporary installation. Monitoring requirements were negotiated between the DEP Office of Beaches and Coastal Systems (now the Bureau of Beaches and Wetland Resources), the Florida Game and Fresh Water Fish Commission (now the Fish and Wildlife Conservation Commission) and the U.S. Fish and Wildlife Service, as detailed below. Scope of Work: Task A: Surveys are required for post construction, 6-months and thereafter at 6-month intervals for 7 years, comprising a total of 15 surveys. This survey will constitute the 6m year of monitoring. The full scope of work consists of surveying a total of 41 beach profiles along Hideaway Beach, 10 profile lines within the entrance to Collier Bay, 2 profiles which extend north and west of Coconut Island and coverage around and across Coconut Island. These surveys have eliminated the 22 profiles previously collected further inside the inlet and bay area (C-11 through C-32), due to the documented stability of the channel in those areas. Task B: Compaction monitoring is required each year and the results must be provided to DEP. The results will be coordinated with data collected by the Collier County Natural Resources Department. Compaction was completed in February of 2003 for the 5~ year monitoring and will be completed early in 2004 prior to the 2004 sea turtle nesting season. Page 1 of 2 APR 0 8 .003 [ Task C: Monitoring reports and project performance assessments are required annually. The monitoring report will be filed by April 30th prior to the 2004 sea turtle nesting season. Task D: Additional Services, to be provided on a time and materials basis, to attend meetings with County staff or representatives of Hideaway Beach regarding performance of the structures, or any other tasks required by the county which are not specifically included in Tasks A through C. A budget of $7,000 is recommended for this task. Should additional services requested by the county exceed this budget, a request for a contract amendment to perform such services will be submitted to Collier County for approval prior to conducting those services. The costs associated with the surveys and reports are listed for the year 2003: (Task) Description (A): Surveys (2) (B): Compaction Testing for Report (C): Analysis & Report (2 full copies, 13 without appendices) (D): Additional Services, Meetings, Presentations... Total: Basic and Additional Services (Tasks A through D) Annual Cost $58,578 2,240 19,674 7,000 We propose to provide the services for tasks A, B and C above on a lump sum basis, billed on a monthly as percentage complete. We propose to use Sea Systems Corporation (SSC) as our subconsultant to collect the hydrographic and beach profile data. Additional Services ('i'ask D) will be billed on a time and materials basis Should you have any questions regarding this request, please give us a call. Sincerely yours, HUMISTOI~ & MOORE ENGINEERS Brett D. Moore, P.E. Enclosures Page 2 of 2 HUMISTON & MOORE ENGINEERS · NAPLES, FLORIDA APR 0 B 2003 EXECUTIVE SUMMARY APPROVAL OF CONTRACT C-15374 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) TO PARTICIPATE IN A 3-YEAR STATE WIDE MONITORING EFFORT IN THE AMOUNT OF $7,800.00 ANNUALLY OBJECTIVE: To have the Board of County Commissioners approve a 3-year agreement bet~ ~n Collier County and the South Florida Water Management District (SFWMD). This contract will become effective retroactive to October 1, 2002. It will allow Collier County to participate in the state wide monitoring effort to obtain water quality data. CONSIDERATION: The scope of the agreement complies with and is consistent with the Pollution Control & Prevention Department's (PC&PD) efforts relative to surface water quality monitoring and contributes to the implementation of the Growth Management Plan. "Exhibit M" of the Contract is available at the Public Utilities Division's Pollution Control & Prevention Department. PC&PD agrees to collect surface water quality samples from three (3) sites as part of the Surface Water Temporal Variability (SWTV) Network. PC&PD agrees to attend Florida Department of Environmental Protection Ambient Meetings and training sessions as outlined in Exhibit C of this agreement. All other agreements and/or requirements are listed in the attached Contract C-15374. FISCAL IMPACT: SFWMD will fund 100% of the County's cost to implement this agreement, at the amount of up to $7,800.00 for the work conducted for Fiscal Year (FY) 02/03, $7,800.00 for FY 03/04 and $7,800.00 for FY 04/05. Funds and associated expenditures are budgeted and incorporated into Water Pollution Fund 114 for FY 02/03, and will be incorporated through FY 04/05 or until the end of the agreement. GROWTH MANAGEMENT IMPACT: Approval of this agreement will significantly contribute to the implementation of Objective 2.2 and Policy 2.2.4 listed within the Conservation and Coastal Management Element of Collier County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners: (1) Approve the attached Agreement C-15374 with the South Florida Water Management District. (2) Authorize the Chairman of the Collier County Board of County Commission to sign Agreement C-15374. Executive Summary Agreement C-15374 Page 2 PREPARED BY: l~ymond E. Smit~ Director DATE: ~-/fi' ~ .3 Pollution Control & Prevention Department Tffomas G. Wides, Director ~ Public Utiliti~O~partment a'rrax~avr'~'~"~Ja~s W. DeLony, P.E~.... " nistrator Public Utilities Division APR 0 8 2~03 ,~o. ,,7... ORIGINAL SOiJTH FLORIBA WATER MANAGEMENT DISTRICT - ,,' AGREEMENT 15 ;; i'v'7. !5' THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) IIEREBY ENTERS INTO TillS AGREEMENT WITH: Name: COLLIER COUNTY, FLORIDA This number must appear on all Invoices ,~'h:l Cor~IponaVence POLl C-15374 MBE PARTICIPATION: 0% Address: 3301 E. TAMIAM/TRAIL BUll.DING D NAPLES, FL 34112 J Project Manager: Raymond Smith Telephone No: (239) 732-2502 Fax No: (239) 732- 2574 Hereinafter referred to as: COUNTY PP, OJECT TITLE: COLLECTION OF SURFACE WATER QUALITY SAMI~LES IN COLLIER COUNTY The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Special Provisions Exhibit "H" - NOt Applicable Exhibit "B" - General Terms and Conditions Exhibit "I" Exhibit"C"- Statement of Work Exhibit"J" Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" Exhibit "E" - Not Applicable Exhibit "L" Exhibit "F" - Not Applicable Exhibit "M" Exhibit "G" - Not Applicable - Not Applicable - Not Applicable - Not Applicable - Not Applicable - FDEP Flowdown Provisions TOTAL AGREEMENT AMOUNT: $23,400.00 Multi-Year Funding (If Applicable) Fiscal Year: Ocu~x 1, 2002-Sepmnber 30, 2003 $7,800.00 Fiscal Year:. October 1, 2003-September 30, 2004 $7.800.00' Fiscal Year: October I, 2004-September 30, 2005 $7,800.00* *Subject to District Governing Board Annual Budget Approval AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Not-to-Exceed AGREEMENT TERM: Three (3) Years District Project Manager: CAROLE MADDOX Telephone No: (561) 681-2500 Fax No. (561) 681-6310 EFFECTIVE DATE: October 1, 2002 District Contract Administrator: Johanna Labrada (561) 682-2720 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Department SUBMIT NOTICES TO THE COUNTY AT: COLLIER COUNTY, FLORIDA 3301 E. TAMIAMI TRAIL BUILDING D NAPLES, FL 34112 Attention: Raymond Smith IN WITNESS WHEREOF, the authorized r. ep,resentative hereby executes Conditions under which it is issued. COLLIER COUNTY, FLORIDA Accepted By: Tide: Date: Signature of Authorized Representative Tom Henn±ng, Cha±rman Approved as to form & legal sufficiency this AGREEMENT on this date, and accepts all Terms and SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Date: Frank Hayden, Procurement Director APR 8 2003 SOUTH FLORIDA MANAGEMENT DISTRICT WATER A'GREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" Gc.~crai Tea'ms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. 1. A new Article 1.4 is hereby added as follows: "The COUNTY agrees to comply with the applicable flowdown provisions for services performed in conjunction with the Exhibit "C" Statement of Work. The flowdown provisions are set forth under Agreement Numbers C-13803 and C-13805 executed between the DISTRICT and the Florida Department of Environmental Protection (FDEP), attached hereto as Exhibit "M" and made a part of this AGREEMENT. Applicable provisions of this AGREEMENT include the following: From C-13803: (Funding provided through this Agreement to the COUNTY includes all travel expenses.) Section XI - Subcontracting; Section XII - MBE/WBE and Small Business Utilization; Section XlII - Small and Rural Business Utilization; Section XX - Audit: Access to Records; Section XXFII - Debarment and Suspension, and Section XXIV - Lobbying. From C-13805: (Funding provided through this Agreement to the COUNTY includes all sampling activities.) Section 5B - Fair Share Objectives; Section 5D - Acknowledgement of Federal Government's Participation; Section 9A Maintenance of Books, Records and Documents; Section 12A Lobbying Activities; Section 13 - Compliance with Applicable Rules and Regulations; Section 16 - Insurance; Section 24 - Debarment and Suspension; Section 26, Attachment H, - Contract Provisions." 2. Contract Term This AGREEMENT shall be effective on the date of execution by the parties and shall remain in effect for three (3) years subject to satisfactory performance by the COUNTY, and the renewal of FDEP Agreements C-13803 and C-13805 on the anniversary of its effective date. Further funding for this AGREEMENT shall be in writing through a duly executed amendment .md is subject to availability of funds, the renewal of FDEP Agreements C-13803 and C-13805 and Governing Board budgetary appropriations of funding. Page I of 1, Exhibit "A", C-15374 ITC# APR 0 8 20O3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to thc satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hcrc:o as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to he provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page I of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on Page I of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in Page I this AGREE~I' to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of thc final DISTRICT budget for each subsequent fiscal year ff funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is.performed pumuant to thc Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT do~s not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page I of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to,exceed budget, including but not limited to, copies ol~approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. of 8, Exhibit "B" Contract File:\County~doc 02/2_8/03 I O SOLITH FLORIDA WATER MANAGEMENT DISTRICT EXIIIBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page I of the AGREEMENT. Ail formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. · · All correspondence to the DISTRICT under this AGRF..I*.MENT shall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. ^ RTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that ..it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT rial:her agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subconu'acts any part or all of the work hereunder to any third party, 'the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/RE~IF~ 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGRF-F3/IENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting party shall have the option to terminate this AGREEMENT Page 2 of 8, Exhibit "B" Contract File:\Count,~h~ o?tgg/f}3, , I.o._ I1.~ ~ i APR 0 8 2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS at thc expiration of the ten (10) day time period. Should the DI,qTR1CT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arisea which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or thc possibility of damgge to equipment or property. Thi~ provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained aa a result of such delay, fxom the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitxary or capricious. The COUNTY shall then be obligated to suspend all work efforts aa of the effective date of the notice and until further whtten direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on Page 1 of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and repons directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or repons. Such records shall Page 3 of 8, Exhibit "B" Contract File:\County.doc 02/28/0} ! A~pQ^ xxt~ -m J APR 082003 ...... ! PG.. 7 zx. SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENi!,ILS~L~ TERMS AND CONDITIONS be maintained and made available for inspectio_q for a period of five years from completing perf(,~al~c¢ and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to lhis AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availabilio/ of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive rifle, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the-COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other insmmaents necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represent~ and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have !;w~en developed solely by or for the COUNTY, or lawfully acquired under license f~om a third party, including the fight to sublieense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The COUNTY will maintain any such equipmeni in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable comxol. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired thc right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY acces~ to certain third Page 4 of 8, Exhibit "B" Contract File:\County,~ fl?r28/03 , I I ,APR 0 82003 SOUTH FLORIDA WATERExHiBiTMANAGEMENT,,B,, DISTRICT GENERAL TERMS AND CONDITIONS party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of' the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICI', in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 Thc COUNTY shall be responsible and liable for the payment of all of its FiCA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or other~tise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law.. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY Page 5 of 8, Exhibit "B" Contract File:\Count;.~c / APR 0 82003 ! SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exc~nption under the Statute. 8.8 The COUNTY shall tnakc reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private a,~tthorizations and permits, prior to thc commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, ES., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The 'COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have tim duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGR~'JZ. MENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the perfo~ on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREF~MENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGRIZ. b':MENT performance. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBED participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines Page 6 of 8, Exhibit "B" Contract File:\Count''~t'~ ngt?R/03 , [ APR 082003 ! SOUTH FLORID^. WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS for public notice and award of such contracts. In the event subsequent competitive contract awards do result in Mf~VBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the o!hcr's initiatives to the extent allowed by law. ARTICLE 11 - YEAR 2000 COMPLIANCE Article 11 is hereby deleted. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this AGREEMENT to the =ontrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its fights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically refereed to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGRF. EMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to ha~'ardous conditions. 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potemiai hazards, personal hygiene and required personal protective Page 7 of 8, Exhibit "B" Contract File:\Count-.'.a--" n~_~? .: ! APR O 82003I I // L SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 13.3 The CGUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid servi::c-q and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 8 of 8, Exhibit 'B" EXHIBIT "C" STATEMENT OF WORK COLLECTION OF SURFACE WATER QUALITY SAMPLES 1.0 INTRODUCTION The South Florida Water Management District (District) and the Collier County Environmental Services Division (County) have been collaborating on the collection of water quality data for the Florida Department of Environmental Protection (FDEP) for the past three years. This Agreement will involve the collection of surface water samples and field parameters as part of thc FDEP Ambient Monitoring Program, as well as attendance at FDEP Ambient Meetings and tr,~ini~g sessions. The County will collect samples from three (3) sites that are part of the Surface Water Temporal Variability (SWTV) Network portion of the FDEP Ambient Monitoring Program. 2.0 OB~[ECTIVES The primary objectives of this Agreement are to 1) obtain water quality data that fulfill District agreements with FDEP; 2) partner with a local government to execute a state wide monitoring effort; 3) reduce District monitoring costs; and 4) allow for redirection of staff to legislatively mandated projects. 3.0 SCOPE OF WORK The County shall obtain field parameters and collect surface water samples on a monthly basis at three (3) SWTV network locations. The County shall follow the methodologies of sampling provided in FDEP's "Status and Temporal Variability Monitoring Networks Sampling Manual" (see Exhibit "M"). The sampling sites are designated as BARRNRVR (latitude 255728N/longitude 812119W), LKTRAFRD (latitude 262522N/longitude 812937W) and MGGC@31 (latitude 261004N/longitude 814601W). The County shall ship the samples to the FDEP Laboratory for analysis on the same day that samples are collected. The County shall submit all the proper paper work to FDEP Laboratory with the samples 'and fax copies of these forms to the District Project Manager. Lastly, the County shall have at least one representative attend the FDEP Ambient Meetings and training sessions as they become available. 4.0 WORK BREAKDOWN Task 1. FDEP Surface Water Temporal Variability (SWTV) Network Sample Collection The County shall collect monthly surface water samples from three SWTV sites located within Collier County. Collection bottles will be provided by FDEP. The County shall collect the required samples and ship them on the same day to the FDEP laboratory for analysis. The County shall follow the methods of collection detailed in Attachment A and ensure that all the proper equipment and supplies are used during sample collection. The County shall be knowledgeable of project details prior to sampling. The County shall document relevant field conditions and readings and submit all the required paper work to FDEP with the sample Page I of 2, Exhibit "C" Statement of Work to Agreement No. C-15374 N0. APR 0 8 2003 shipment. The County shall fax a copy of the proper paper work to the District Project Manager on the same day as collection. Task 2. Attend FDEP Ambient Meetings and I'rofessional Training Appropriate County staff shall attend the FDEP Ambient Monitoring Program meetings and relevant training session as they are offered. The County shall ensure all technicians working on projects conducted under this agreement receive basic water quality sample collection training from the FDEP or an equivalent vendor approved by the District. The County and District Project Manager will be available to discuss the status of this Agre~..ment as needed. Task 3. Reporting The County shall submit four (4) progress reports to the District; one within fifteen (15) days of the end of each quarter. Each progress report shall indicate work completed during the reporting period and any quality assurance issues or problems encountered during the completion of the tasks outlined in this Agreement. Page 2 of 2, Exhibit "C" Statement of Work to Agreement No. C-15374 NO. ~G~/~,~ ITE~ APR'0 8 2003 PG. Iq- PAYMENT AND I)ELIVERABLE SCHEDULE The County shall invoice the District on a quarterly basis. Payment of invoices will be contingent upon delivery and acceptance by the District of all deliverables and work products due within the invoiced period. Task Deliverable Description Due Date Quarterly Payments Task 1 Collect SWTV field measurements and fax Date of Collection -0- results to Project Manager. Collect SWTV samples and ship to FDEP Date of Collection -0- with chain of custody. Collect samples according to the methods Date of Collection -0- given in Exhibit "M". Task 2 Travel to FDEP Ambient Meetings and To Be Determined $3,000.00 Training ($750.00 per quarter) Task 3 Submit Progress Report indicating work Quarterly $4,800.00 performed to District Project Manager. ($1,200.00 per quarter) TOTAL PAYMENT NOT-TO-EXCEED $7,800.00 Page I of 1, Exhibit "D" Payment and Deliverable Schedule to Agreement No. C-15374 .... EXECUTIVESUMMARY APPROVE THE CORRECTED SOURCES OF $71,155 IN FUNDS FOR THE UTILITY PORTION OF THE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES CHANGE ORDER FOR GOODLETTE-FRANK ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) FOUR AND SIX LANE IMPROVEMENTS, PROJECT 60134. ~ To receive Board of County Commissioners approval of a correction to the sources of funding for the previously approved Change Order No. 1 for the Construction Engineering Inspection (CEI) services by PBS&I, Inc. for the Goodlette-Frank Road four and six lane construction project from Pine Ridge Road to Vanderbilt Beach Road. CONSIDERATIONS: On September 24, 2002 (Agenda Item 16-B-2) the Board approved an agreement for Construction Engineering & Inspection Services with PBS&J, Inc. for the Goodlette-Frank Road project. On January 28, 2003 (Agenda Item 16-B-6), the Board approved a change order in the amount of $71,155 to that agreement. The executive summary erroneously stated that funds for the change order would come from water and sewer impact fees. The funds should come from water and sewer user fees. These projects are included in the Water and Wastewater Master Plans approved by the Board on December 11, 2001 (Agenda Items 8A and 8B) and in the 2003 budget adopted by the Board on September 18, 2002 (Agenda Item 2). FISCAL IMPACT: The change order requires funds totaling $71,155. Budget amendments are needed to transfer $47,455 from project 70071 - CCDOT Water Relocates to project 70028 - Goodlette-Frank Road Water Relocates and to transfer $23,700 from project 73065 - CCDOT Sewer Relocates to project 73028 - Goodlette-Frank Road Sewer Relocates. The source of funds is user fees. GROWTH MANAGEMENT IMPACT: This work involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve the corrected sources of $71,155 in funds for the utility portion of Construction Engineering and Inspection Services change order for Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road and approve the necessary budget amendments. SUBMITTED BY: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department AGENDA I1' Et~ a -T- APR - B 2003 Executive Summary Approve Corrected Sources Page 2 REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: Roy B. Anderson, P.E., Director Pubfic Utilities Engineering Department DATE: S~l~hen Yf~amel:, P~/ing D~ector APPROVED BY:/,,/Jame4 W. DeLony, P.E./Public Utilities Administrator RFD:rfd ,~o. la a. 'W APR - 8 ND3 EXECUTIVE SUMMARY REJECT BID 03-3482 SOUTH COUNTY WATER RECLAMATION FACILITY BELT FILTER PRESS SERVICE PLATFORM ADDITIONS OBJECTIVE: That the Board of County Commissioners (Board) reject Bid 03-3482 for the South County Water Reclamation Facility (SCWRF) Belt Press Service Platform Additions and authorize Purchasing and Public Utilities staff to re-bid. CONSIDERATIONS: The belt press walkways around the three existing SCWRF Belt Filter Presses are used by operations personnel everyday for routine operation and maintenance. The proposed walkway modifications are necessary to address a safety concern that the existing walkway configuration did not allow safe access to certain portions of the Belt Press. Bids were posted on FebrUary 4, 2003. Ten notices were sent and four bid packages were requested. One bid was received on FebrUary 25, 2003. The bid was non-responsive because a list of subcontractors and a list of material manufacturers were not given. The bid amount is $99,700, which is 166 percent of the project estimate of $60,000. When this project is approved, it will be funded by a combination of SCWRF Operating Funds and the SCWRF Miscellaneous Improvements Project. The Wastewater Department operating budget will fund the first $50,000 of construction cost for the SCWRF as approved by the Board on September 18, 2002 as Agenda Item 2. Any balance over $50,000 will be funded from the $150,000 allocated for the SCWRF Miscellaneous Improvements Project within the Capital Budget as approved by the Board on September 18, 2002 as Agenda Item 2. The construction of the Belt Filter Press Service Platform Additions is a part of this Miscellaneous SCWRF Improvements Project identified in the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10(A). The source of funds is Wastewater User Fees (414) and County Water/Sewer Operating Fund (408). On March 19, 2003, Purchasing directed Public Utilities to write an Executive Summary if Public Utilities elected to reject the bid, based on Section VI.D.1 of the Purchasing Policy of Collier County established under Board Resolution 97-435. Staff recommends that the Board reject the bid received under the original invitation and that the contract be re-bid for subsequent award by the Board. FISCAL IMPACT: There is no fiscal impact related to this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio of the Governing Board of the Collier County Water-Sewer District, reject Bid Number 03-3482 SCWRF Belt Press Service Platform Additions and authorize staffto re-bid AGENDA ITEM~ No. t{~O-.. ~ APR - 8 2003 Pg._ f Paul Kwa, P.E., Project Manager Karl W. Boyer, P.I~., Principal Project Manager REVIEWED B¥: ~ ,~, ~~'~ Date: 4 S~ve ~ar~ell ,[l~urchasing Department Director JOte c.C~eatham, W/a~tewater Department Director Roy//~. Anderso9, P..~, Pufllic Utilities Engineering'Director APPROVED BY: ~~ Date: ~'~7~~ .~~.~ es W. DeLony, P.E.,/Public Utilities Administrator APR 0 8 2003 EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF SIX (6) FIRMS FOR CONTRACT NEGOTIATIONS RELATED TO ~ 03-3484 "FIXED TERM INSTRUMENTATION AND CONTROLS ENGINEERING SERVICES" FOR MAXIblUM ANNUAL FEES OF $500,000 PER FIRM PER YEAR OBJECTIVE: To enable staff to procure specialty instrumentation and controls (I&C) engineering sen-vices in an efficient and cost-effective manner to the benefit of payers of Water and Sewer rates and impact fees. I&C is an essential component for all public utilities infrastructures and process systems. Procurement of solid, reliable I&C frameworks enables greater productivity among operational staffs, allows personnel to perform their tasks more efficiently; and extends the life and effectiveness of machinery and equipment. CONSIDERATIONS: Request for Proposal (RFP) 03-3484 was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on February 7, 2003. Notices were sent to 150 firms with 21 vendors requesting full packages. 11 responses were received by the due date of March 7, 2003. A Selection Committee Meeting was held on March 24, 2003 and after review, ranking and discussion; by consensus of the members, the following 6 firms were recommended for award: Camp Dresser & McKee, Inc. Carollo Engineers McKim & Creed Q. Grady Minor & Associates RKS Consulting Engineers, Inc. Westin The RFP referenced that work orders would be issued in accordance with the County's Purchasing Policy. For each work order, assignment is contingent upon further Board approval per individual project. Purchasing Policy Section VII limits each work order assignment to a maximum initial amount of $90,000 and a maximum initial contract amount of $500,000. FISCAL IMPACT: There is no fiscal impact related to this item. It is anticipated that upon award of engineering services agreements that the scope of work will be consistent with funds budgeted in FY2003 and beyond for various projects needing I&C Engineering services. Funds are available for multiple projects in the Fiscal Year 2003 budget as approved by the Board on September 19, 2002. The anticipated work orders will be consistent with the 2002 Update to the Water and Wastewater Master Plans as adopted by the Board on February 25, 2003 as agenda item 10(A). Source of funds is anticipated to be Water User Fees (412) and Sewer User Fees (414). GROWTH MANAGEMENT IMPACT: This has no growth management impact. RECOMMENDATION: That the Board of County Commissioners, as ex-officio the governing board of the Collier County Water-Sewer District, approve the Committee's selection of firms pursuant to RFP 03-3484 and authorize staff to begin Contract negotiations with the selected fro,ns. No. Dennis McGee, P.E., Utilities Engineering Instrumentation/SCADA Manager REVIEWED BY: Date: 26 ic Utilities Engineering Director APPROVED BY: ~ff~.u.~-~.(~..td Z~- Date: Si~hen ~/~amell, Purc~tor e~ DeLony, P.E.: Public J~lities Administrator APR 0 8 2003 PG. ~ EXECUTIVESUMMARY APPROVE CHANGE ORDER 2 TO WORK ORDER 61 FOR CONSTRUCTION OF THE WESTERN INTERCONNECT FOR WASTEWATER COLLECTION SYSTEMS, IN THE DEDUCT AMOUNT OF $4,725. OBJECTIVE:. To minimize disruptions to sewer service by providing means to reroute flows to optimize availability of existing wastewater treatment capacity. CONSIDERATIONS: On June 12, 2001 (Agenda Item 16-C-5) the Board approved funding, waived requirements for formal competition, waived the upper limit of $50,000 on individual work orders under Contract 00-3087 for Underground Utility Contractors, and authorized execution of the necessary agreements, work orders, and/or purchases, related to the recommended sewer interconnects for peak season 2002. After receipt of bids from underground contractors qualified under Contract 00-3087, which was approved by the Board on September 12, 2000 (Agenda Item 16-G-I-(h)), Work Order 61 was issued to the low bidder, Mitchell and Stark Construction Company, Inc. on January 15, 2002, for construction of a major part of the Western Interconnect, between Naples Production Park and Grey Oaks. On March 11, 2003 (Agenda Item 16-C-4) the Board approved Change Order 1 to Work Order 61. Change Order 2 reconciles estimated bid quantities with actual final quantities. It results in a credit of $4,725 for not installing 350 feet of class 100 pipe that was replaced by DR-18 pipe under Change Order 1. This project is included in the 2003 budget adopted by the Board on September 18, 2002 (Agenda Item 2). FISCAL IMPACT: Change Order 2 results in a credit of $4,725 to Project 73076, the North - South Sewer Interconnect. GROWTH MANAGEMENT IMPACT: This project is included in the 2001 Wastewater Master Plan adopted by the Board on December 11, 2001, Agenda Item 8A. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Public Utilities Engineering Director to execute, Change Order 2 to Work Order 61 in the deduct amount of $4,725 to Mitchell and Stark Construction Company, Inc. SUBMITTED BY: ~,~,~d~,(~. lq:-. Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department APR 0 8 Executive Summary Approve Change Order 1 Page 2 REVIEWED BY: REVIEWED BY: REVIEWED BY: William D. Mullin, PE, Principal Project Manager Public Utilities Engineering Department Roy/B. Anderson, P.E., Director Public Utilities Engineering Department %,~?z~.,.~ I? 2,,~-.~":v Jo~,eph B. Cheatham, Wastewater Director DATE: DATE: DATE: tor~(ephen ~Camell, Purchas~ APPRO~D W. DeLony, P c Utilities Administrator RFD:rfd APR 0 8 2003 PG, ,c~ CIIANGE ORDER TO: Mitchell & Stark Const. Co., Inc. 6001 Shirley Street Naples, Florida 34109 FROM: Collier County Government 3301 East Tamiami Trail, Bldg. H Naples, Florida 34112 Project Name: Western Interconnect for Wastewater Collection Systems Work Order Dated: January 15, 2002 Work Order No.: 61 Change Order No.: 2 Date: March 14, 2003 Change Order Description: Reconcile estimated bid quantifies with actual final quantities as follows: 1. Delete 350 LF of install 12~ CL I00 PVC force main @ $13.50 per LF = - $4,725.00 TOTAL: -$4,725.00 Original agreement amount ............................................................... $467,677.00 Sum of previous change orders amount ............................................ $109,486.09 This Change Order Amount ............................................................... $ - 4,725.00 Revised Agreement Amount ............................................................... $572,438.09 Original contract time in calendar days .......... ; ................................. 210 Adjusted number of calendar days due to previous change orders ....... 0 This change order adjusted time is ........................................................ 0 Revised Contract Time in calendar days ........................................... 210 Original Notice to Proceed date ............................................................ 1-30-02 Completion date based on original contract time ......................... 8-28-02 Revised completion date .............................................................. 8-28-02 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and 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: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department Date: '3 -/'q -O 3 Accepted by: Brian R. Penner, Vice President Mitchell & Stark Construction Company, Inc. Date: Approved by: Date: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Authorized by: ~'~ 6~ Q~~I'~ J~eph I~. Cheatham, Wastewater Director Date: (For Use by Owner: Fund: 413 Cost Center: 263613 Object Code: 763100 Project No.: 73076) -! APR 0 8 2083 PG.."~, ,__ _ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Western Interconnect for Wastewater Collection Systems PROJECT #: 73076 BID/RFP #: Work Order 61 MODIFICATION #:. 2 NAME OF FIRM: Mitchell & Stark Construction Company, Inc. CONTRACT AMOUNT: ORIGINAL $ 467~677.00 CURRENT COMPLETION DATE(S): ORIGINAL: 8-28-02 CURRENT: 8-28-02 CURRENT $_577~163.09 SUMMARY OF PROPOSED CHANGE(S): PVC force main @ $13.50 per LF. Delete 350 LF of Install 12" CL 100 JUSTIFICATION FOR CHANGE(S): actual final quantities. Reconcile estimated bid quantities with PARTIES CONTACTED REGARDING THE CHANGE: Contractor, Desi,qn Professional, Wastewater Director, and Utilities En.qineerin.q Director. IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: v'~u-~.~ ~, ~;;~.~I Date: 3-17-03 DISAPPROVE: Date: COMMENTS: 11/07/02 APR'O 8 2DD3 EXECUTIVE SUMMARY AFFIRM STAFF APPROVAL OF CHANGE ORDER 2 TO WORK ORDER UC-004 FOR THE RELOCATION OF WATER AND SEWER MAINS RELATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION'S WIDENING OF U. S. 41 FROM BAREFOOT WILLIAMS ROAD TO EAST OF SR 951, IN THE AMOUNT OF $13,124. OBJECTIVE.'.. To minimize disruptions to water service associated with the timely ¢onstruction of this important road improvement project. CONSIDERATIONS: On December 17, 2002 (Agenda Item 16-C-5), the Board approved a construction work order to Mitchell and Stark Construction Company, Inc. for the relocation of Collier County's underground water and wastewater facilities along SR 951 to accommodate the road-widening project. The work order was issued under Contract 02-3345 for Underground Utility Construction, which was approved by the Board on May 18, 2002 (Agenda Item 10-R). On March 11, 2003 (Agenda Item 16-C-1), the Board approved Change Order 1 to this work order. The relocation or adjustment of County utilities for Florida Department of Transportation (FDOT) projects was included in the 2001 Water and Wastewater Master Plans adopted by the Board on December 11, 2001, Agenda Items 8A and 8B. Funds are included in the 2003 budget adopted by the Board on September 18, 2002 (Agenda Item 2). The Florida Department of Transportation (FDOT) is widening U.S. 41 from Barefoot Williams Road to east of SR 951. During construction, a Collier County water main crossing over a box culvert in front of Lely Resorts was found to be leaking. Staff has negotiated a change order with Mitchell and Stark to investigate the leaking pipe and replace existing fittings as necessary to repair the leak and prevent similar leaks at other fittings in the culvert crossing. FISCAL IMPACT: Funds totaling $13,124 are needed for this change order. These funds are budgeted and available in Project 70045, FDOT Joint Projects (Water). The source of funds is user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, affirm staff approval, and authorize the Public Utilities Engineering Director to execute Change Order 2 to Work Order UC-004 in the amount of $13,124 to Mitchell and Stark Construction Company, Inc. Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department DATE: SUBMITTED BY: Executive Summary Approve Change Order 2 Page 2 REVIEWED BY: REVIEWED BY: REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Roy/B. Anderson, P.E., Director Public Utilities Engineering Department DATE: DATE: DATE: St,~hen Y/~a~ell, ;~ Dire/tor _es W. DeLony, P.E., P~lic Utilities Administrator RFD:rfd CHANGE ORDER TO: Mitchell & Stark Const. Co., Inc. 6001 Shirley Street Naples, Florida 34109 FROM: Collier County Government 3301 East Tamiami Trail, Bldg. H Naples, Florida 34112 Project Name: SR 90 (US 41) from Barefoot Williams Road to East of SR/CR 951, Water & Wastewater Facilities Relocations. Work Order Dated: December 17, 2002 Work Order No.: UC-004 Change Order No.: 2 Date: March 13, 2003 Change Order Description: Inves6gate pipe joints in leaking water main in front of Lely Resorts and replace fittings where required. Materials only 16" bend, sleeve & megalugs Labor to replace flanged bends with MJ bends 16" sleeve, megalugs, 16" DI pipe Labor to investigate bends TOTAL: 4 each @ $1,007.00 = $4,028.00 4 each @ $500.00 = $2,000.00 1 each @ $1,096.00 = $1,096.00 1 LS @ 6,000.00 = $6,000.00 $13,124.00 Original agreement amount ............................................................... $308,533.00 Sum of previous change orders amount ............................................ $ 34,120.00 This Change Order Amount ............................................................... $ 13,124.00 Revised Agreement Amount ............................................................... $354,777.00 Original contract time in calendar days .............................................. 75 Adjusted number of calendar days due to previous change orders ....... 0 This change order adjusted time is ........................................................ 0 Revised Contract Time in calendar days ............................................. 75 Original Notice to Proceed date ............................................................ 1-23-03 Completion date based on original contract time ......................... 4-8-02 Revised completion date ..................... i ........................................ 4-8-02 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and 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: ;~o,_ ~,~ zrjU~ ~e.~,,~,s~_~ Date: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department /f~" ~ "' Date: Accepted by: Brian R. Penner, Vice President Mitchell & Stark Construction Company, Inc. Approved by: Roy B. Anderson, P.E., Director Publi~Llxtili~g2 En/gineerin/g Department Authorized b~ (/~~~W '~ire, ctor Pa{al E Mattausch, ater D' Date: Fund: 412 Co~tCenter: 273512 Object Code: 763100 Project No.: 70045 ($13,124.00) ~0..,, 16, C. ;~' APR 0 8 2003 Mitchell & Stark Construction Co., Inc. 6001 Shirley Street Naples, FL 34109 ph. 941-S97-216S fax ~MI-S66-7865 FACSIMILE (~Fax: From: Date: Pages: COLLIER COUNTY UTILITY ENGINEER/NG MR. RON DILLARD 530-5378 BRIAN PEN]VER 3/10/03 1, including this cover page. US 41 WATERMAIN BOX CULVERT FITTING CHANGE OUT Thc following is our price for the above reference work. Mat. only 16"45 bend,sl~ve~jneagalugs LABOR CHANGE OUT FL. 45 BEND q-O MJ BEND 16"sleevc,megalugs, 16 dip pipn Labor check out to see if fi. 45 bend is existing 4EA AT $1007.00-- $4028.00 4EA AT $500.00 TM $2000.00 I EAAT $1096.00 =$1096.00 ILS AT $6000.00 = $6000.00 TOTAL $13124.00 APR 0 8 2o . .3 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Water & Sewer Relocations for widenin,q US 41 from Barefoot Willia~T,S Road to ~_~_M of SR 951 PROJECT #: 70045 & 73045 BID/RFP #: Work Order UC-004 MODIFICATION #: 2 NAME OF FIRM: Mitchell & Stark Construction Company, Inc. CONTRACT AMOUNT: ORIGINAL $ 308,533.00 CURRENT $ 342.653.00_ CURRENT COMPLETION DATE(S): ORIGINAL: 4-8-03 CURRENT: 4-8-03 SUMMARY OF PROPOSED CHANGE(S): Investi.qate pipe ioints in leakin.q existin.q water main in front of Lely Resorts and replace fittinqs where required. JUSTIFICATION FOR CHANGE(S): To repair leak and prevent future ones. PARTIES CONTACTED REGARDING THE CHANGE: and Utilities En.qineerin.q Director. Contractor, Water Director, IMPLEMENTATION STEPS (Check each before proceeding with change) _X_ Proposed change is consistent with the scope of the existing agreement _X_ Change is being implemented in a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: *~"~ r~''c'~'<~~ Date: 3-13-03 DISAPPROVE: Date: COMMENTS: 11/07/02 EXECUTIVE SUMMARY APPROVE METCALF & EDDY WORK ORDER #ME-FT-O3-01 AND WORK ORDER #ME-FT-03-02 FOR THE EMERGENCY RESPONSE PLAN REQUIRED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) FOR WATER ~SYSTEM FACILITIES AT COLLIER COUNTY PROJECT 70170 AND APPROVE BUDGET AMENDMENTS. OBJECTIVE: To fund the Emergency Response Plan work which is a requirement of the United States Environmental Protection Agency (USEPA) grant project which assesses the vulnerability of Collier County's water system to terrorist attacks and to enhance related security improvements and responsiveness to emergency situations. CONSIDERATIONS: Following the events of September 11, 2001, USEPA received a supplemental appropriation to improve the safety and security of the Nation's water supply. The funding is intended to reduce the vulnerability of water utilities to terrorist attacks and to enhance their security and ability to respond to emergency situations. The USEPA solicited grant applications to encourage and assist large, publicly owned drinking water systems to perform vulnerability assessments of their facilities. The USEPA's objective is to help make drinking water systems across the United States as safe as possible within the shortest possible time frame. All grant applications from public water utilities that serve populations over 100,000 were considered for award. Funds up to $115,000 were available for each grant applicant. Metcalf & Eddy, Inc. prepared and submitted a grant application dated April 26, 2002, on behalf of Collier County for $114,966. This amount was for professional engineering services to conduct the vulnerability assessment. Collier County received the Vulnerability Assessment grant award dated June 27, 2002, for $114,966 from the USEPA. The Grant Assistance identification number is HS- 8320501-0. The grant agreement was executed by the Public Utilities Administrator on July 26, 2002 and mailed back by Federal Express to the USEPA prior to the July 31, 2002 deadline. The grant work was to be completed by December 31, 2002. The Board approved on September 10, 2002, as Agenda Item 16(G)(1), Work Order #ME-FT-02-4 with Metcalf & Eddy to do the vulnerability assessment for $114,966. The Board approved work order also included the USEPA Grant Agreement executed by the Public Utilities Administrator. In December 2002, the USEPA indicated that they were offering three-month time extensions for the vulnerability assessment study that would push the grant agreement deadline to March 31, 2003. County requested the time extension and received the amendment on February 21 2003. This amendment was e~ec~ta-ted by.-th,e. ' A~E;,iDA ~'~-EM APR - $ 2003 / Executive Summary Approve Budget Amendment for Emergency Response Plan for County Water System Page 2 of 2 Public Utilities Administrator on March 5, 2003, to meet the required deadline and approved by the Board on March I1, 2003, as Agenda Item 16(C)(5). County has already received the funds to reimburse the USEPA grant. The Vulnerability Assessment Study, included in the 2002 Water Master Plan Update approved by the Board on February 25, 2003, was certified and submitted to the USEPA on March 25, 2003. A requirement of the USEPA grant is to complete an Emergency Response Plan within six months from the date the Vulnerability Assessment Study is certified and submitted to the USEPA. Staff has currently negotiated new work order tasks related to the Emergency Response Plan with Metcalf & Eddy. It is estimated an additional $90,385 for Work Order #ME-FT-03-1 and Work Order #ME-FT-03-02, is required to complete these new tasks. The Work Order is pursuant to Fixed Term Engineering Contract #003119 approved by the Board of County Commissioners on April 10, 2001. FISCAL IMPACT: The Water System Vulnerability Assessment Study grant (Project # 701701) expense was budgeted in FY 03, but the grant revenue was not. A grant amount of $114,966 was received from the United States Environmental Protection Agency. A budget amendment for $114,966 is required to recognize the receipt of this grant amount. A budget amendment is needed for the Emergency Response Plan (Project # 701702) in the amount orS100,000. This will cover the work orders for Metcalf & Eddy in the amount of $90,385 and a contingency of $9,615. The balance of the budget amendment, $14,966 will be placed into the Water Capital Project Fund's (412) Reserves. The source of funds for the Emergency Response Plan is the Water User fees. GROWTH MANAGEMENT IMPACT: Staff recommends that the Board of County None. RECOMMENDATIONS: Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve Metcalf and Eddy Work Order #ME-FT-03-1 and Work Order #ME-FT-03-2 in the amount of $90,385 for the Emergency Response Plan; authorize the Public utilities Engineering Director to execute these Work Orders; and approve the necessary budget amendment. Mo-ha~'V. Ti~an~pi, P.E., Senior p~toject Manager Public Utilities Engineering Department Executive Summary Approve Budget Amendment for Emergency Response Plan for County Water System Page 3 of 3 REVIEWED BY: ( .,~AI,~,~ DATE: Wi~i'a~'D'.-Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: /d,~ /~ a/~'''~ ~'~ Roy B/ Anderson, P.E., Director Public Utilities Engineering Department DATE: REVIEWED BY: Pa~ul Mattausch, Water Director Public Utilities Division DATE: REVIEWED BY: Steven ~. Carntfll, Director Purchasing Department a e.ov . (/"~Jam~-W. DeLony, P.E., AXtministrator ~.....~ic Utilities Division DATE: DATE: WORK ORDER # ME-FT-03-1 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Tabletop Em~rtenc¥ Response Exercise Thc work is specified in the proposal dated ~ which is attached hereto and made a part of this Work Order. In accordance with thc Terms and Conditions of thc Agreement referenced above, Work Order #~E-PT-03-I is assigncd to bi. etcalf & Eddy. lnc~ ~cope of Work:_ Tasks shall be conducted as indicated in the attached l~lcl~alf & Eddy. Inc. proposal dated FebF~ riL1L!.~ 200_ 3. ~ Complete tasks within 49 days from notice to proceed. ~ In accordance with Article Pive of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (lump sum) All Tasks . $7,510 TOTAL FEE $7,510 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Mohan V. Thampi, P.E., Senior Project Manage~ -- / Date Public Utilities Engineering Department REVIEWED BY: --Piul Mattausch, Water Director Public Utilities Division REVIEWED BY: Date Ray Smith, P.E., Pollution Control Director Public Utilities Division APPROVED BY: Date Roy B. Anderson, P.E., Director Public Utilities Engineering Department ACCEPTED BY: ATTEST: Type Name and Title MVT:mvt Project - Tabletop Emergency Response Exercise By: ~etcalf & Eddy. lac, Name of Firm Mark Blanch~, Vice President Pg.___~_ WORK ORDER # ME-FT-03-2 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Emertencv Resoonse Plan The work is specified in the proposal dated March 4, 2003, which is attached hereto and made a part of this. Work Ordcx. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #ME-FT-03-~ is assigned to Metc~lf & Eddy. Inc. Scope of Work= Tasks shall be conducted as indicated in the attached Metcalf & Eddy, Inc. proposal dated March 200~. Schedule of Work: Complete tasksby September 30, 2003. Compensation: In accordance with Article Five of the Agreement, thc County will compensatc the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A' of the Agreement). All Tasks $82,875 (lump sum) TOTAL FEE $82,875 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: REVIEWED BY: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department ul ~sch Water Director a ~tilitie's Division REVIEWED BY: APPROVED BY: Ray Smith, P.E., Pollution Control Director Public Utilities Division Roy B. Anderson, P.E., Director Public Utilities Engineering Department Date Date ACCEPTED BY: Date: ATTEST: ~F,~lum Heitn. Prolect Hana~er Type Name and Title MVT:mvt Project - Tabletop Emergency Response Exercise By: Metcalf& Eddy Inc. Name of Firm / .... IAPR - B 7.003 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. UC-023 (EXHIBIT A) IN THE AMOUNT OF $535,600.00 FOR FOUR PUMP STATION IMPROVEMENTS TO KYLE CONSTRUCTION INC., UNOER CONTRACT 02-3,345 - ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONTRACTING SERVICES, PROJECT NO. 73051. OBJECTIVE: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve a work order for pump station improvements to Kyle Construction Inc., CONSIDERATIONS: This project is included in the 2002 Water and Wastewater Master Plan Update adopted by the Board on February 25, 2003 and is consistent with the current Fiscal Year capital improvement budget approved by the Board of Collier County Commissioners on September 18, 2002. The Master Plan Update identified that pump stations 107, 108, 134, 146 and 313.10 are in need of improvement/rehabilitation necessary to maintain the operation to provide reliable service (Exhibit B). In accordance with the procurement policy of the Collier County, and under contract # 00-3119, Fixed Term Utilities Engineering Services, dated April 10, 2001, staff approved a work order to Greeley and Hansen LLC, to provide Engineering services related to the design, permitting, and construction services for the pump station improvements. In accordance with the procurement policy of Collier County, staff requested cost proposals from five of the nine contractors under the contract # 02-3345 "Annual Contract for Underground Utility Contracting Services" dated May 28, 2002. This contract requires that work orders over Two Hundred Thousand Dollars ($200,000.00) must be approved by the County Attorney and Board of County Commissioners. Staff received cost proposals from three of the five contractors and found them as fair and reasonable and concluded that Kyle Construction Inc. submitted the lowest, responsive and responsible proposal for four pump stations. The proposal amounts tabulated (Exhibit C) were as follows: Company P.S. 107 P.S. 108 P.S.134 P.S. 146 P.S. 313.1 Total Kyle $0.00 $231,500 $91,800 $98,900 $113,400 $535,600 Const. Haskins $490,000 $280,000 $155,000 $257,000 $167,000 $1,349,000 Inc. Quality N/A N/A N/A N/A N/A N/A Staff~ also received an alternate proposal on a condition that the improvements for all five pump stations' work to be awarded to one firm, tabulated (Exhibit D). However, this proposal was rejected because the total cost for the improvements was higher than awarding individual pump station improvements to the lowest bidder. The Contractor has satisfactory performance records on previous projects involving similar work ........ A comparison of the Engineer's estimate (Exhibit E) and the lowest bid is as foll~ ~/s: No. J ~ ~_~ P~.~~ Executive Summary Approve Work Order Page 2 Engineers Estimate: Estimate $201,070.00 $110,600.00 I $86,590.00 $92,100.00 $490,360.00 Lowest bid: Kyle Const. $231,500.00 $91,800.00 $98,900.00 $113,400.00 $535,600.00 The difference in dollars between the Engineer's Estimate and the lowest bid proposal is listed below: Difference in $ $30,430.00 $(18,800.00) $12,310.00 $21,300.00 The difference in percentage between the Engineer's Estimate and the lowest bid proposal is listed below: Pump Sta. P.S. 108 I P.S.134 IP.s' 146 IP's' 313'1 ~ Dfference in % 15% (17%) 14% 23% In the above tables, the total cost proposal submitted by Kyle Construction Inc., for the P.S 108, P.S 134, P.S 146 and P.S 313.1, is $535,600.00. The engineer's estimate is $490,360.00. The variation is approximately 9%. In regard to the cost proposal submitted by the contractors for pump station 107, the cost variation between the engineer's estimate and the contractor is over 60% and therefore staff recommends re-bidding this work. FISCAL IMPACT: Funds totaling $535,600 are needed and are available in project # 73051 Pump/Lift Stations Rehab. The source of funds is sewer user fees. GROWTH MANAGEMENT IMPACT: This Project is consistent with the 2003 Wastewater Master Plan adopted by the Board of Collier County Commissioners on February 25, 2003, under Item 10(A). The project involves maintenance/rehabilitation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Award work order (Exhibit A) in the amount of $535,600 to Kyle Construction. 2. Authorize the Public Utilities Engineering Director to execute the necessary work orders. Executive Summary Approve Work Order Page 3 SUBMITTED BY: REVIEWED BY: REVIEWED BY: .,//'~~~__ ~--?~- DATE: .~/'z4 Shanthi Sridhar; Project Manager Public Utilities Engineering Depa~ment . ~~. M~in,~.E.,~rincipal Project Manager Public Utilities Engineering Depa~ment ~ ~ ~ DATE: Roy ~ Anderson, P.E., Director Publi~ Utilities En~ineerin~ Depa~ment 'Purchasing/General SeNices Depadment ~hoatham, Wastowater Diroctor ~astowator ~apa~m~ da~os W. ~okony, ~., AOministrato (~blic Utilities DivisiOn NO.~ APR 0 8 _ PG. B Exhibit A WORK ORDER # UC-025 "Annual Contract for Underground Construction" Contract #02-3345, dated May 28, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions et the Contract referenced above, for work known as: Project: Pumpinq Station Improvements - PS: 108, 134, 14(}, 313.10 The work is specified in the proposal from K¥1e Construction Inc., dated February 28, 2003, 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 # U(~-02~ is assigned to K¥1e Construction Inq. "' (Firm Name) Scope of Work: Pump Station Improvements (Four) Schedule of Work: Complete within 195 (one hundred and Ninety live) days. Liquidated Damaqes: Per contract 02-3345 dated May 28, 2003. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I Pump Station 108 Task II Pump Station 134 Task III Pump Station 146 Task iV Pump Station 313.10 $231,500.00 $91,800.00 $98,900.00 $113,~00.00 TOTAL FEE $535.~O0.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the Agreement. Sha'fi[~i{'Srid~'~r; Project Manager Date AUTHORIZED BY: AUTHORIZED BY: Public Utilities Engineering Department William D."~'ullin, P.E., Principal Project Manager Public Utilities Engineering Department Jose~l~ B. Cfheatham, Wastowater Director. Wastlt~vater Department Date APPROVED BY: Roy B. Anderson, Director jPublic Utilities Engineering Department Clnarl~s Abrab'am. ¥i¢e Presidenl -.-'' ' -Signature -- (Print Name) Approved as to Form a, nd Legal Sulficiency: Thomas Calmer, A~ssistant County Att~--~ey l)agc I of i Date Signature (Print Name) N0.~ Exhibit B ~5 25 27 ~- I:~REELEY AND HANBEN ,.Lc 3.5 15 COLUER COUNTY PUBLIC UTILITIES FY 2002 PUMPING STATION , --, IMPROVEMENTS AREA ~AP !' APR 0 8 2~3 PG. I Exhibit E COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT FY 2002 PUMPING STATION IMPROVEMENTS - PS 108.00 CONSTRUCTION COST ESTIMATE Greeley and Hansen December 2002 Item Description Unit Quantity Unit Price Total Price 1 LS $10,000.00 $10,000.00 1 LS $6,000.00 $6,000.00 2 EA $28,600.00 $57,200.00 1 a Mobilization 1 b Demolition 1 c 8" CP 3300 Pump w/467 Impeller Including Base Elbow & Rail Assembly 1 d 6" CP 3152 Pump w/454 Impeller Including Base Elbow & Rail Assembly 1 EA S 18,200.00 $18,200.00 le Discharge Piping 8' DIP 8' Plug Valve 8" Check Valve 6' DIP 6' Plug Valve 6' Check Valve 10' DIP 8'x6' Tee 3" Quick Disconnect Assemble Connection to Existing 10' Force Main I LS $22,670.00 $22,670.00 44 LF $30.00 $1,320.00 2 EA $2,800.00 $5,600.00 2 EA $2,500.00 $5,000.00 22 LF $25.00 S550.00 1 EA $2,400.00 $2,400.00 1 EA $2,000.00 $2,000.00 10 LF $40.00 $400.00 1 EA $600.00 $600.00 1 EA $3,000.00 $3,000.00 1 LS $1,800.00 $1,800.00 1 f Valve Vault and Access Doors 1 EA $10,000.00 $10,00O.00 1 g Wet Well Top and Access Doors 1 EA $2,500.00 $2,500.00 1 h Interior Wet Well Coating (includes wetwell repairs) I LS $8,500.00 $8,500.00 I i Electrical Work and New Panel 1 LS $12,000.00 Total Construction Cost - Item No. 1 $12,000.00 $147,070.00 Bypass Sewage Pumping (980 gpm) 1 LS $54,000.0O Total Construction Cost - Item No. 2 $54,000.00 Total Construction Cost $201~070.00 Page2of 5 APR 0 8 2003 Exhibit E Item Description 1 a Mobilization 1 b Demolition 1 c 6' CP 3152 Pump w/454 HT Impeller Including Base Elbow & Rail Assembly 1 d Discharge Piping 6' DiP 6" Plug Valve 6' Check Valve 6" Tee 3" Quick Disconnect Assemble Connection to Existing 6' Force Main 1 e Valve Vault and Access Doom I f Wet Well Top and Access Doors 1 g Electrical Work and New Panel COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT FY 2002 PUMPING STATION IMPROVEMENTS - PS 134.00 CONSTRUCTION COST ESTIMATE Greeley and Hansen December 2002 Unit Quantity I LS 1 LS 2 EA Unit Price $5,0O0.0O $5,000.00 $18,20O.00 1 LS $15,200.00 44 LF $25.00 2 EA $2,40O.0O 2 EA $2.0O0.00 I EA $50O.00 I EA S3,000.0O I LS $1,80O.00 1 EA $8,000.00 1 EA $4,00O.0O 1 LS $12,0O0.0O Total Construction Cost - Item No. 1 Bypass Sewage Pumping (280 gpm) 1 LS $25,000.00 Total Construction Cost - Item No. 2 Total Construction Cost Total Price $5,00O.00 $5,O00.00 $36,4O0.0O $15,200.00 $1 ,lO0.OO $4,800.00 S5OO.0o $1,80o.0o $8,000.00 $4,000.00 $12,O00.00 $85,600.00 $25,00O.0O $25,000.00 $110,600.00 Page 3 of 5 APR 0 8 2003 Exhibit E COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT FY 2002 PUMPING STATION IMPROVEMENTS - PS 146.00 CONSTRUCTION COST ESTIMATE Greeley and Hansen December 2002 Item Description I a Mobilization I b Demolition 1 c 4" CP 3140 Pump w/480 Impeller Including Base E~oow & Rail Assembly ld Discharge Piping 4' DIP 4' Plug Valve 4' Check Valve 4' Cross 3' Quick Disconnect Assemble Connection to Existing 4" Force Main I e Valve Vault and Access Doors 1 f Interior Wet Well Coating I g Electrical Work and New Panel Unit Quantity Unit Price 1 LS $5,000.00 1 LS $5,000.00 2 EA $10,400.00 1 LS $13,790.00 44 LF $22.50 2 EA $2,000.00 2 EA $1,800.00 1 EA S400.0O 1 EA S3,00O.O0 1 LS $1,80O.O0 I EA $8,000.00 1 LS $4,000.00 I LS $10,000.00 Total Construction Cost - Item No. 1 2 Bypass Sewage Pumping (181 gpm) · t LS $20,000.00 Total Construction Cost - Item No. 2 Total Construction Cost Total Price $5,000.00 $5,000.00 $20,800.00 $13,790.00 $990.00 S3,60O.O0 $3,00O.00 $1,8oo. O0 $8,000.00 $4,000.00 $10,000.00 $66,590.00 $20,000.00 $20~000.00 $86~590.00 Page 4 of 5 AGENDA ]T£1~ ~ ,0._ I~- t .L? APE 0 8 200 , ,c. I0 Exhibit E Item Description 1 a Mobilization 1 b Demolition 1 c 6" CP 3140 Pump w/436 HT Impeller Including Base Elbow & Rail Assembly 1 d Discharge Piping 6' DIP 6' Plug Valve 6' Check Valve 6' Tee 3' Quick Disconnect Assemble Connection to Existing 6' Force Main 1 e Valve Vault and Access Doors 1 f Wet Well Top and Access Doors 1 g Electrical Work and New Panel COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT FY 2002 PUMPING STATION IMPROVEMENTS - PS 313.10 CONSTRUCTION COST ESTIMATE Greeley and Hansen December 2002 Unit Quantity 1 LS 1 LS 2 EA Unit Price $5,000.00 $7,500.00 $18,200.00 I LS $15,200.00 44 LF $25.00 2 EA $2,400.00 2 EA $2,000.00 1 EA $3,000.00 I LS $1,800.00 1 EA $8,000.00 I EA $6,000.0O 1 LS $12,000.00 Total Construction Cost - Item No. 1 2 Bypass Sewage Pumping (200 gpm) I LS $20,000.00 Total Construction Cost - Item No. 2 Total - Construction Cost Total Price $5,000.00 $7,500.00 $36,400.00 $15,200.00 $1,1o0.o0 $4,800.00 $4,000.00 $500.00 $3,000.00 $1,800.00 $8,000.00 $6,000.00 $12,000.00 $72,100.00 $20,000.00 $20,000.0O $92~100.00 Page 5 of 5 U.o. APR 0 8 EXECUTIVE SUM MARY AWARD OF RFP f/03-3454, "GOLDEN GATE AQUATIC FACILITY CONCESSION" WITH AN ANTICIPATED REVENUE OF $1800 FOR THE REMAINDER OF FY 03 Objective: To continue to provide concession services at Golden Gate Aquatic Facility through the use of a contracted vendor. Considerations: Request for Proposal #03-3454 was posted on November 8, 2002 with invitations to bid sent to six (6) vendors. Opening date was December 6, 2002. The selection committee accepted the proposal of the only respondent, That's Amor6 in Napoli, inc. The concessionaire is authorized to sell drinks, snacks, food, and related sundries, and to conduct any other lawful activity approved by the Director of the Parks and Recreation department. The term of the agreement shall be for five ($) years. The general public has responded positively to the concession at Golden Gate Aquatic facility. Fiscal Impact: The County shall receive fifteen (15) percent of the gross monthly revenues or a minimum monthly payment of $300, whichever is greater. Revenue is budgeted in the Golden Gate Aquatic and Fitness, Concession Fees. Revenue is anticipated to be $1800 for the remainder of fiscal year 2003. Growth Mana.qement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners award Contract #03- 3454 to That's Amor6 in Napoli, Inc. and authorize the Chairman to sign the agreement after County Attorney review and approval. Submitted by: ~nda O.~o~-'~n~ OPeratio~s/~oordinatoD~ate:- £ ~ Parks apd Recreation Dep~'tmenf Marm O. Ramsey, Director Parks and Recreation Department ~;t~'~e Callnell~' D~ector Purchasing Department Reviewed by: 0, o: 3-'Z?-o3 Approved by: Jol~'Dunnu~lq Administrator Di~sion of Public Services No..2, b APR 0 8 2003 EXECUTIVE SUMMARY APPROVE THE SENIOR COMMUNITY SERVICE EMPLOYMENT HOST AGENCY AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT BE~3NEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE WORKFORCE COUNCIL OF SOUTHWEST FLORIDA, INC. OBJECTIVE: To have Collier County Board of County Commissioners become a host agency for the Senior Community Service Employment Program, sponsored by the Workforce Council of Southwest Florida. CONSIDERATIONS: The Work Force Council of Southwest Florida provides assistance to a variety of individuals seeking employment throughout the region. The Council has a long history of working with partners in the private and public sectors training and assisting individuals in obtaining skills necessary for meeting the employment needs of the area. The Senior Community Service Employment program employs workers over the age of 55 years xvho often have years of experience in the work force. The Senior Community Service Employment Program assists seniors in gaining competitive employment and new work skills through approaching public and private sector employers to agree to serve as a training ground for older workers. The host agency determines what job duties would be performed and provides supervision for the older workers. They can work at the host agency 20 hours per week. Collier County Board of County Commissioners serving as a host agency for The Senior Community Service Employment program provides not only a benefit to seniors seeking out opportunities for employment, but also to Collier County Board of County Commissioners as it seeks to meet the growing needs of our community, while at the same time minimizing the addition of full time employees. Employees provided by the Senior Community Service Employment program are provided at no cost to the entity that is sponsoring them. Salaries and benefits are paid directly by the SCSE program. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the agreement with the Workforce Council of Southwest Florida, Inc. enabling parti~,,ik,g§en d.a'x t.~... / APR O/8 21103 as a host agency to older worker trainees, through the Senior Community Service Employment Program. REVIEWED BY: . ~~/n~ge Rossler, Case ManageD~,te: ~.../I~uman Se. syqfeeffDepa~ment .;...~./~,cf~.$~Q ~.~3/~x,.~ _ Date: B:~r~ Wil~s, Director, ~ ~n Se~ices Department ~ ~'~ [ } A' ~~ Date: Jo~ Dunnuck, Adminis~ator Public Se~ices Division APPROVED BY: NO. /~ - ~', APR 2003 __ EXECUTIVE SUMMARY APPROVE A SUPPLEMENTAL TDC CATEGORY "A" GRANT APPLICATION, BUDGET AMENDMENT AND TOURISM AGREEMENT AMENDMENT FOR LOWDERMILK PARK RENOVATION, IN THE TOTAL AMOUNT OF $150,000 Objective: To improve the beach park experience of residents and visitors by funding the replacement of thc concession area at Lowdermilk Park. Considerations: The Beach RenourishmentgMaintenance Committee recommended approval of the initial grant application submitted by the City of Naples for renovations to the Lowdermilk Park concession area at their October 5, 2000 meeting. The Tourist Development Council recommended approval at their November 20, 2000 meeting. The Board of County Commissioners approved the $216,425 grant on January 9, 2001, agenda item 16.A.9, and they approved the County budget on September 20, 2000 that included $216,425 for the renovation of Lowdermilk Park. A Tourism Agreement was executed with the City of Naples on January 9, 2001 allowing for the reimbursement of any costs for this project up to $216,425. The consultant provided an engineering report that warrants replacement, rather than renovation, of the structure. The City of Naples has therefore submitted this supplemental grant application for approval in the amount of $150,000. The Coastal Advisory Committee and Tourist Development Council unanimously recommended the approval of this supplemental grant application at their meetings of February 21 and 24, 2003 respectively. The Parks and Recreation Advisory Board also unanimously recommended approval at its March 19, 2003 meeting. Upon its completion in July 2003, the new concession area at Lowdermilk Park will feature a new open deck with seating, a larger covered deck area with seating, a larger concession area, expanded restrooms plus an additional family rest room with changing table, and a larger upgraded shower deck. Fiscal Impact: The $150,000 will be transferred from Tourist Tax Reserves to the Lowdermilk Park Renovation project for a total project cost of $366,425. Growth Management Impact: No Growth Managexnent Plan impact is associated with this action. Recommendation: That the Board of County Commissioners 1) approve the TDC Category "A" supplemental grant application for $150,000; 2) approve a budget amendment transferring $150,000 from the Tourist Tax Fund Reserves to the Lowdermilk Park Renovation project; and 3) authorize the Chairman to execute a Tourism Agreement amendment after County Attorney review. /.:,~,:I,~D~'~' ' ,~' t'~;:' .... ,I.~ APR - 8 2 03 ',~ [~. Submitted by: Reviewed by: Approved by: Date: ~aadda O.-To~wn~nd,'Oi~erations Co6rdinator M/'la O. Ramsey, Direct~or P~ :s and Recreation Department joi Dunnuck, Administrator- Dt ision of Public Services Date: Date: E ,//~//~ Agend&~ .o. /~, ~" APR 0 8 2003 EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION IN THE AMOUNT OF $75,000 TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FOR THE FLORIDA BOATING IMPROVEMENT PROGRAM Objective: To expand recreational boating opportunities for County residents and visitors using available grant opportunities. Considerations: The Florida Fish and Wildlife Conservation Commission is encouraging counties to apply for grants to improve recreational boating in their areas through the Florida Boating Improvement Program (FBIP). FBIP provides competitive grant funding to county governments for enhancement of recreational boating throughout the state. The program receives funding through a portion of fuel taxes. Grantees are given approximately one year to complete their projects. The Parks and Recreation Department would like to apply for a FBIP grant to partially fund the survey, engineering, and design costs for Goodland Boating Park. Grant funding will help the Department to fast track development of this facility, thereby enabling the Department to capitalize on the use of existing permits which were secured by the former property owner. The Parks and Recreation Department has already begun the process of requesting that existing permits be transferred and modified to suit the property's new intended purpose. Preliminary cost estimate for the survey, engineering and design of the project is $150,000. Parks and Recreation will request $75,000 in grant funding and provide a cash match of $75,000. Fiscal Impact: The $75,000 match will be included in the proposed FY 04 budget for Fund 346, Regional Park Impact Fees. Growth Mana.qement Impact: Goodland Boating Park will be inventoried as a regional park facility in the Growth Management Plan. Recommendation: That the Board of County Commissioners approve the attached Resolution authorizing the submittal of a grant application to the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program and authorizing the County Manager to designate a Submittedby: ~~ ~/~~~Date: "~'-3~anda O. ;lCowiisea~, O )e~tions ~d~fordinator Parks and Recreation De >anment Project manager to administer the grant. APR 0 2003 Reviewed by: Approved by: Jo[tn Dunnuck, Administrator D/~ision of Public Services Date: APR 0 I 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 RESOLUTION NO. 20O3- RESOLUTION AFFIRMING AN APPLICATION FOR A GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM WHEREAS, the State of Florida Fish and Wildlife Conservation Commission encouragea countiea to improve t~-reational boating in their areas through the Florida Boating Improvement Program (FBIP); and WHEREAS, Collier County desires to develop a new boating park on a County-owned parcel of land in Goodland to enhance the recreational boating opportunities for Collier County residents and visitors; and WHEREAS, Staff is requesting that the Board of County Commissioners aft'mn submittal of a grant application on behalf of Collier County and to authorize the County Manager to designat~ a staff project manager to perform all necessary acts to obtain these grants, and to accomplish the goals of such a grant if awarded to the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners affirms submittal of the grant application, attached hereto, and authorizes the project manager to apply for and administer the grant on behalf of the Board with all understandings and assurances contained therein, and also authorizes Staff to act in accordance therewith. This Resolution adopted this ~ day of ~ 2003, after motion, second and majority vote in favor of adoption. A'rrEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Tom Henning, Chairman Approved as to form and Assistant County Attorney Agenda ~tem, No. APR 2003 EXECUTIVE SUMMARY ADDITION OF VENDORS TO SUPPLEMENT CONTRACT #03-3426 "QUICK COPY SERVICES" (ESTIMATED DOLLAR AMOUNT $40,000). OBJECTIVE: To obtain quick copy services for use by various Collier County Departments, in a cost efficient and responsive manner. CONSIDERATIONS: On December 17, 2002, Bid # 03-3426 was awarded to Cecil's Quick Copy under Agenda item 16.E.1. Two bidders replied to the invitation. The award included quick copy services for various types and sizes of documents. The initial award did not including awarding pricing for the reproducing of construction plans and specifications (section III parts A, B, C of the bid invitation) as staff did not believe that the prices received for those items were competitive. Subsequent to the initial award, staff has obtained prices for the plans and specifications work. Pursuant to Section V.A.3 of the purchasing policy, Staff recommends adding this work to the contract based on recent quotes received from Midwest Reprographics and Color Tech. Additionally, some departments have encountered delays in getting some of their quick copy jobs processed on a timely basis. In order to ensure uninterrupted service to the using departments, staff is recommending awarding quick copy pricing to Color Tec and Midwest Reprographics on an secondary and tertiary basis respectively. FISCAL IMPACT: The total estimated fiscal impact associated with the modified contract award is $40,000 annually. Funds are appropriated the operating budget of the using department for the fiscal year 2002/2003 GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact. RECOMMENDATION: That the BOCC approve the addition of Midwest Reprographics and Color Tec as additional vendors to contract # 03-3426 for quick copy and plans/specifications work as specified herein. ×x/ SUBMITTED BY: _xx~'~~/~ -~' Scott D. Johnson Purchasing Agent REVIEWED BY: Date: 3'/~' 47~ ~ ~'). ~/~"Date: '?:3t~phen Y.VCarnell REVIEWED BY: Purchasing/General Service., ~ ~ Date: Skip Camp Intedm Administrative Services Director NO,. ~ APR _ '~ec '05 02 OS:03p M? qWEST REPRO RCCTIMG ~95143431 Bid 03-3426 "Quick Copy Services" P 00~/014 Board of County Commissioners Collier County Government Center Naples, Florida 34112 CONTRACT PROPOSAL Date Due: November 13.2002 ~_ ;2:30 D.m. RE: Bid No. 03-3426 -- "Quick Copy Services" Dear Commissioners: The undersigned, as bidder, hereby declares Hat he has examined the sPecifications and informed himself fully in regard to all conditions pertaining to the work to be done for Quick Copy Services as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County and to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: *** See Following Pages *** Any discounts or terms must be shown on the Proposal Form. will be considered and computed in the tabulation of the bids. terms for less than 15 days payment be offered. Prompt Payment Terns: ~% .... Days; Net 3~0 Days Addenda received (if applicable): #1__.._ ~2_..___ #3.._.~ Such discounts, if any, In no instance should 0 8 2003 O5 02 06:03p MZqWEST REPRO ~3-~0 F~'a~0ii~*,.0untyPurcha$in: Bid 03-3426 "Quick Copy Services" RCCTI~G P~95143431 T-$$g P*OIO/~I4 F-541 p.3 PROPOSAL (cont.) Section I, A. 8%" x 11", 20~ white bond, black ink, single original. Quantity One-Sided 1 - 100- 100- 200 - 300 - 400 - 500 - 600 - 700- 800- 900 - 1,000 - $ $ $ $ $,, $ _ per copy per copy .. per copy per copy __ per copy per copy ....per copy per copy per copy per copy per copy Two-Sided 20# white bond, black ink, coflated, multiple originals. per copy per ropy per copy per copy per copy per copy per copy per copy per copy per copy per copy Quantity One-Sided Two-Sided 1 - 300$ . 9& per copy · !/ 3o -5oo , pe copy :_ / 501 - 1,000 $ per copy 1,001 - 3,000 $_ _ per copy $' 3,001 - 5,000 $_ per copy $ ~ I .... 5,001 - 10,000 $ per copy $ 10,000 + $ per copy $ 8%" x 14", 20~ white bond, black ink, single original. per copy per copy per copy per copy per copy Der copy per copy Quantity One-Sided Two-Sided 1 - 100 $ .'~)~ 400- 200 - $ 300 - 500 - 600 - $ .,. 7OO- $ soo. s____ 900 - $ 1,000 - per copy per copy per copy _ per copy _ per copy per copy _ per copy per copy .__.__ per copy per copy ~'- _ per copy $ e(b per copy $ per copy $. per copy $ per copy $. per copy - per copy $ per copy i ~/~. _percopy per copy . _ per copy AG~ N'DA |TE~I' , No./,~-,~-- ~ APR 0 8 2003 *Dec OS:03p H?qWEST REPRO RCCTIHG ?°95143431 p.4 '05 02 i~:O0 From-Collie, ,.aunty Purchasi,l NI ?~! DB44 Bid 03-3426 "Quick Co~ S~ices" PROPO~L (conL) D. a~" x 14", 20~ ~ite bond, black ink, collate, muppie original. P.011/014 F-NI Quantity One-Sided Two-Sided 1 - 3rJO 301 - 500 501 - 1,000 1,001 - 3,000 3,001 - 5,000 5,001 - 10,000 10,000 + $ per copy $ ,. $ / ,, per copy $ ,,, $ per copy $ ._ $, j~ per copy $ ~, $ ~' per copy $ Section II. A. 8½" x 11", 20# white bond, COLOR COPY, single original. per copy per copy per copy per copy per copy per copy ., pe.r copy Quantity One-Sided 1 - 100 100 - 200- 300 - 400 - 500 - 600 - 700 - 800 - g00 - 1,000 - $ $ . $. Two-Sided _ per copy _ per copy per copy per copy per copy per copy per copy ~ per copy per. copy per copy per copy 6%" x 11", 20~ white bond, COLOR COPY, collated, per copy per copy per copy per copy per copy _ per copy _ per copy _ per copy $ ! per copy $ ~,aJr-~'- per copy $ -~r per copy multiple originals. Quantity One-Sided /_ 1-300 $ · Oy~' per copy 301 - 500 $ ~. per copy 501 - 1,000 $ ] ~ copy 1,001 - 3,000 $ per copy 3,001 - 5,000 $ [ per copy 5,001 - 10,000 $ ~jF per copy 10,000 + $ per copy Two-Sided $ $ $ $ $ $ $ per copy per copy pm'copy per copy per copy , per copy ~ ~ .. per copy 11No- ,/~ "°'-'/ APR 0 8 2003J RCCTING ?~9S143431 p.S Dec Os 02 OS:03p M-nWEST REPRO I).c-O~-oZ 13:l]T-----Froa-Collia. ,,ounty Purchasing O644 To65g P.012/014 F-~41 Bid 03-3426 "Quick Copy Services" PROPOSAL (cont.) C. 8%" x 14", 20# white bond, COLOR COPY, single original Quantity One-Sided 1-100 100- 200 - 300 - 400 - 500- 600 - 700 - 800- 900 - 1,000 - $ $ $ , $ $ $ per copy per copy per copy per copy per copy per copy per copy per copy per copy per copy per copy 8W' x 11", 20~ white bond, COLOR COPY, collated, Two-Sided s .LO $ $ $ $ $ $ $ $ , per copy per copy per copy per copy · per copy per copy per copy per copy · per copy per copy per copy multiple originals. Quantity One. Sided Two-Sided 1-300 $ .~.~ per copy $ 501 - 1,0~ $, ~r ~py $ 1,001 - 3,000 $ per copy $ 3,001 - 5,000 $ ~r copy $. 5,001 - 10,~ $. per copy 10,0~ + $ per copy $ Section IlL A. 11" x 17', 20~ white bond, black ink, single original Quantity One-Sided -3oo $ . 301 - 5O0 $ } 501 - 1000 $ 1001 - 3000 $ per copy per copy per copy per copy B. 11' x 17", 20# wfllte bend, COLOR COPY, single original Quantity One-Sided 301 - 500 ~ 501 - 1000 1000 - 30O0 __ per copy __ per copy per copy per copy per copy per copy per copy per copy per copy per copy per copy AGENDA ITE~ APR 0 8 2O03 Pg. ~ ~)ec 05 02 06:04p M*rqWEST REPRO ~3~1 ; ~,,~-Cot~y Purcha;in~ RCCTIHG p~95143431 B41 t'3Z 0844 T-KB P.013/014 F-541 Bid 03-3426 "Quick Copy Set'vices" PROPOSAL (conL) C. 24" x 36", 20~ white bond, black ink. single original. Quantity One. Sided I - 300 S ~, O"]~' per copy 301 - 500 $ ~ C>"'t~;- per copy 501 - 1000 S . O"t ~" per =opy 1000- 3000 $ . om~' per copy Do Additional Charges: Stapling Laminating 3-Hole Punching Binding 8~" x 11" 20~ Colors 8~" x 14" 20~ Colors per ~py ~r b~k per book M p.S 1] AGF-.J'IDA LTEM APR 8 2003 JAN--O?--O$ TUE 02:26 P'* COLORTEC 2395921052 P.02 Bid 0~-3426 "Quick Copy Services" CONTRACT PROPOSAL From: Date Due: November 19, 2002 ~ 2:30 p.m, Board of County Commissioners Collier County Government Center ick Copy Services" .The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Quick Copy Services as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County and to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: *** See Following Pages *** Any discounts or terms must be shown on the Proposal Form. will be considered and computed in the tabulation of the bids. terms for less than 15 days payment be offered. Such discounts, if any, In no instance should Prompt Payment Terns: % ~ Days; Net . 30 _ Days Addenda received (if applicable): #1 _ #2. #3 AGE NO~ ITEM APR O 8 2003 J~--07--03 TU£ 02~27 P~ CO50RTEC 239592~g~2 Bid 03-3426 "~mick Col~ $~w~ces" PROPOSAL (cont.) Section I, A. 8~" x 11", 20~ white bond, black ink, single original. Quantity One-Sided 1 - 100 $ , t~ L per copy 100 - $.. ~ 0 ~ per copy 200 - $~ per copy 300 - $....., o ~_ _ per copy 400 - $_ t r)-~_ per copy 600 - $ , ~ ~ ~ ~PY 600 - $. ,, ~ ~ per ~py 700 - $ ~ ~ ~ per copy 800 - $ , ~ ~ per ~py 900- ~~ per copy 1,000 - _ per ~py Two-Sided- ~, ~ per copy per copy per copy per copy per copy per copy per copy per copy per copy per copy per copy Bo 8½" x 11", 20~ white bond, black ink, collated, multiple originals. Quantity One-Sided Two-Sided 1 - 300 $ * 0 ~ per copy 301 - 500 $._~ per copy 501 - 1,000 $, r~ '~ _ per copy 1,001 - 3,000 $, ~ per copy 3,001 - 5,000 $ , ~'L~ per copy 5,001 - 10,000 $. (~ per copy 10,000 + $ , ~,~_ . per copy per copy per copy per copy per ~py per ~py per copy per ~py 8½" x 14", 20~ white bond, black ink, single original. Quantity One-Sided Two-Sided 1 -100 100- 200 - 300 - 400 - 500 - 600 - 700 - 800 - 900 - 1,000 - $ ,._~._.__ per ropy $ ~ per copy ip er copy $ ~._[_C~,~,~,~,~,~,~ per copy per copy $ ~ per copy per copy !_~per copy per copy per copy per copy per copy $~ per copy $., O~,S , per copy $, o ~c::; . per copy $ - 0-?,~ per copy $ '0~ ___ per copy $. ,O.~S per copy $._~ per copy $. , 0._~_~ per copy $ · D,'~ per copy $ ~, 0~,~' per copy I' AG£NDA APR O 8 200 Pg. ~ : JA~--07--05 TUE 02:2? P' COLORTEC ~95921852 P.04 Bid 03-3426 "Quick Copy Se'jwices" PROPOSAL. (cont.) D. 8~" x 14", 20~ white bond, black ink, collated, multiple originals. Quantity One-Sided 1 - 300 301 - 500 501 - 1,000 1,001 - 3,000 3,001 - 5,000 5,001 - 10,0O0 10,000 + Two-Sided- ~ ~ ; per copy $ _. ,C~ ~ per copy per copy $ ~ per copy $_ ~O ~% per copy $ ~ per copy per copy , (~:~' per copy per copy $. , O~C:; per copy $. · O ~ per copy $ , O ~ . . pe.r copy Section II. A. 8'W' x 11", 20~ white bond, COLOR COPY, single Original. Quantity One-Sided 1-100 ~~ per copy 100 - per copy 200 - $~ per copy 300- $~ ,.~~ per copy 400 - $ per copy 500 - $ , L~ per copy 600 - $ ~ c~-'~, ' per copy 700 - $. ~ q~ per copy 800 - $ , ~.~ per cOpy 900 - $ ,~[~_ _ per copy 1,000- $,~.4~ per copy 8~,~' x 11", 20~ white bond, COLOR COPY, collated, Quantity One-Sided 1 - 300 301 - 500 501 - 1,000 1,001 - 3,00O 3,001 - 5,000 5,001 - t0,000 10,000 + ,70 per copy ~er copy ~er copy 3er copy 3er copy ~er copy ~er copy Two-Sided $_ ,-~O per copy $_ _, ~0 per copy $. , L~ percopy ~ :~c.~"~ . per copy _ per copy $ _, ~ . per copy $. ,q~ percopy $ ,,CC~ _ per copy $. , cir~per copy $ ~O,~ per copy $ ,(4~ per copy multiple originals. Two-Sided - p-~ .,~cc- $~' ~ C) per copy $ ~ per copy $~ per copy $ _ s q'~ per copy $., ~ q'~ per copy $ , L-L3 per copy $_ , ~ .percopY AG£~ APR O 8 2003 Pg; 11 TUE 02:25 P~ COLORTEC ~$~5~21052 P.O$ Bid 03-3426 "Qai=k Copy Services" PROPOSAL(conL) Co 8½" x 14", 20~ white bond, COLOR COPY, single original. Quantity One-Sided 1 - 100 100 - 200 - 300- 400- 500 - 600 - 700 - 800 - 900 - 1,000 - Two-Sided per copy $_ ,'TE) per per copy $ ~H~ . per per copy $ - . U % . per per ~py $_ ,L~c:j per per copy $ , c~ c; per percopy $- , LJC~. per per copy $ , q'~ ' per .percopy $ , ~ ,per per copy $. 45 per per copy $ '~q~ per 20~ white bond, COLOR COPY, collated, multiple originals. Quantity 1 - 300 301 - 500 50~ - 1,000 1,001 - 3,000 3.001 - 5,000 5,001 - 10,000 10,000 + One-Sided $$~ per copy . per copy $ , ~.b,._ per copy $~.j, ~' _ per copy $ _~_~ _ per copy $$__~~ per copy ~ per copy copy copy copy copy copy copy copy copy copy copy copy Two-Sided per copy per copy per copy _.per copy per copy per copy per copy Section IlL A. 11" x 17', 20# white bond, black ink, single original Quantity 1-300 301 - 500 501 - 1000 1001 - 30OO One-Sided ~0~ per copy ~ ,~~_ per copy per copy $.~.(~ per copy B. 11' x 17', 20# white bond, COLOR COPY, single original Quantity One-81ded I - 300 301 - 500 501 - 1000 1000 - 3000 !per copy per copy per copy per copy APR O 8 2083 ' ~--g7--0S TUE 02:29 P" COLORTEC Bid 03-3426 "(~ick Copy Services" Co De P~OPOSAL (cont.) 24" x 36", 20~ white bond, black ink, single original. Quantity One-Sided 1 - 300 301 - 500 501 - 1000 1000 - 3000 $ 1~. ~c~ per copy $~ per copy $$~ per copy per copy Additional Charges: Stapling Laminating 3-Hole Punching Binding 8~" x 11" 20~ Colors 8%" x 14" 20~ Colors $. , ~) ~ per copy II ¥ I") $ ,01 perl~ ~,,~ '~.SO c~,_~., . $ .~_.~_.~_ per book- "~ per M - ,G~,?.Z,..,,,~.'~ - ,o./~ c., '1 APR 0 8 2003 EXECUTIVE SUMMARY RECOMMENDATION TO REJECT BID NO. 03-3468 FOR PUMP & MOTOR REPAIR OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, reject Bid No. ¢3-3468 for Pump & Motor Repair and authorize Staff to reissue a modified bid. CONSIDERATIONS: Several County Departments, such as Water, Wastewater, and Facilities, use the Pump & Motor Repair bid for maintenance of County equipment. On December 11, 2002, 99 notices were sent, 14 packages were requested, and 7 bids were received. After bids were received on January 22, 2003, a bidder contended to Staff that there was a deficiency in the formula used to calculate the award of the bid. Staff has reviewed this matter with the County Attorney's Office and though the issue raised by the bidder is a debatable point, Staff is recommending that the Board reject the bids received under the original invitation and the contract be re-bid for subsequent award by the Board. FISCAL IMPACT: There is no fiscal impact in the approval of this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this Executive Summary. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, reject Bid No. 03-3468 for Pump & Motor Repair and authorize Staffto reissue a modified bid invitation. SUBMITTED BY: REVIEWED BY: APPROVED BY: Wood, Purc-ha~ing Agent Steph~m Y. ~ell, Purchasing Director ~strative sD:trve;~r .o. APR 0 8 2003 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3462 "FIXED TERM PROFESSIONAL PLANNING SERVICES FOR RIGHT OF WAY ACQUISITION" (ESTIMATED DOLLAR AMOUNT OF CONTRACT NOT TO EXEED $500,000 ANNUALLY PER FIRM) OBJECTIVE: To receive Board approval of Committee's ranking of firms for professional services related to engineering analysis and rate testimony related to providing Planning Services related to right of' way acquisition, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: For the next five (5) years (or more), Collier County will be attempting the largest right-of-way acquisition program in its history. The County will require the services of planners in connection with acquisitions by condemnation. In order to obtain the highest quality of expertise and experience on a continuing basis, it was determined that it would be most cost effective and efficient to have firms on contract. A Request for Proposal was issued for the purpose of establishing a contract with firms capable of providing professional services to the County under the direction of' the Office of the County Attorney, including but not limited to, the following: Identify how the utility of the property is affected in both before and after the taking by applying accepted planning principles and practices and governing laws including the Collier County Land Development and Collier County Growth Management Plan, evaluate altemative land uses and/or conceptual plans both before and after the taking and identify lost utility/damages to the property, identify conceptual land uses in both before and after scenarios, preparation and/or reporting of damage studies, identify conceptual access in before and after scenarios, attend mediation if requested, preparation of exhibits for trial, testimony in eminent domain proceedings (hearings, depositions and trials), and testimony at hearings on expert fees and review of owner's planning fees. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on December 13, 2002. Notices were sent to 168 firms and responses were received from eight firms by the due date of January 24, 2003. A Selection Committee meeting was held on March 26, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms were selected for the short list as follows (in no order). The number of firms selected is five, providing a diversity of size, experience, abilities and locations. With Board approval, negotiations will commence with all of these top ranked firms. 1. TBE Group 2. RWA Consulting 3. Coastal Engineering 4. George F. Young, Inc. 5. Q. Grady Minor FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the C selection of firms. (2) Authorize staff to begin Contract negotiations with the five listed firms. No. /t,,~' --~ ~mmittee's ~ Pg. SUBMITTED BY: APPROVED BY: Kelley War~, Senior Purchasing and Contracts Agent ' Steve ~amel~, Director, Purchasing/General Services Dept. APPROVED B~(.~-Z_--- ~ _'~'..-~,)~--0'~ D'~id Weigel, County Attorney AGEND .t. iT EM.-~ APR - 8 pg. ~-- ~ Z rn o APR - 8 2003 EXECUTIVE SUMMARY APPROVAL OF THE PREFERRED PROVIDER PAYOR ORGANIZATION AGREEMENT PORTION OF THE MANAGED CARE AGREEMENT BETWEEN COMMUNITY HEALTH PARTNERS AND COLLIER COUNTY. OBJECTIVE: To receive approval of the Preferred Provider Payor Agreement portion of the managed care agreement between Community Health Partners and Collier County which was inadvertently omitted from the agenda packet submittal for agenda item 16E4, approved by the Board on November 19, 2002. CONSIDERATION: Agenda item 16E4 was submitted to the Board of Commissioners on November 19, 2002 for approval. The item involved the approval of a contract between Community Health Partners and Collier County for Managed Care Fees and Services to service the County's Group Health and Workers' Compensation Programs. The Board approved the item at that time as part of the consent agenda. The agreement was subsequently executed and sent to Community Health Partners. In February 2003, the staff of Community Health Partners contacted Risk Management staff and informed them that a portion of the agreement appeared to be missing. In reviewing the matter, it was determined that the entire agreement was propedy submitted to and approved by the County Attorney's office for legal sufficiency, however, a portion of the agreement was inadvertently omitted when the entire agreement was submitted to the Board. The portion of the agreement in question, known as the Preferred Provider Payor Agreement, governs the administration of claims payments and the fees to be charged by participating physicians and providers. To assure that the proper Board approvals are received, the portion of the agreement known as the Preferred Provider Payor Agreement is being resubmitted to the Board for approval at this time. It is requested that the Board approve this agreement for the Chairman's execution. FISCAL IMPACT: There is no fiscal impact associated with this approval. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. RECOMMENDATION: It is recommended that Board approve the portion of the contract between Collier County and Community Health Partners, Inc. for Group Health and Workers' Compensation managed care services known as the Preferred Provider Payor Agreement, authorizing the Chairman to execute same. ,o./:. ,. APR 0 8 2003 i SUBMITTED BY: REVIEWED BY: ~--~-~.y~/~/---- Date: .~/~ 7/~ >'Je(f Walker, CPCU, ARM Director, Risk Management /~?~.~. :~,:~'?t~ Date: SkiP Ca~p, J-nterim Administrative Services Administrator i A GEN Il' M- · APR 0 8 2003| .! NCH System NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. PREFERRED PROVIDER PAYOR AGREEMENT ~s PREI~ERRED PROVIDER pA,~OR AGREEMENT (the "Agreement") effective a~ of the '] ~ y of P~JO0~.~ l~.t', 200~, (the' Effective Date"), is entered into, and replaces all previous Agreements and Letters of Agreement, by and between Naples Physician Hospital Organization, Inc. d/b/a Community Health Partners ("CLIP") and Board of Codnty Commissioners Collier County, Florida, ("Payor"). WlTNESSETIt: WHEREAS, Commtmity Health Partners has as its primary objective arranging for the delivery or provision of certain health services through a cost effective, coordinated, and integrated health care delivery system. WHEREAS, Payor has adopted a self-insured employee benefit plan for the provision of health care benefits to Plan Members; WHEREAS, Payor, a self-insured employer, is ultimately responsible for payment of health care benefits in accordance with the terms and conditions of this Agreement; and WHEREAS, Payor desires to increase control over the cost of providing health care benefits to Plan Members and enters into this Agreement to arrange for CHP, through ClIP Providers, to render Plan Benefits to Plan Members under Payoffs various Benefit Programs. NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning ascribed thereto: 1.1 Agreement. This Preferred Provider Payor Agreement. 1.2 Benefit Program- Payor's self insured employee benefit plans covered under this Agreement as listed on Schedule 1.2, as amended from time to time. 1.3 Clean Claim. A claim that the payor has not disputed in accordance with paragraph 5.2 of this agreement and has all required substantiating documentation similar to the information required to complete HCFA- 1500 forms or UB-92 forms permitting timely payment on the claim. 1.4 Cooayment. That portion of CHP Providers' charges, determined in accordance with this Agreement, for Plan Benefits to be paid by or on behalf of a Plan Member under a particular Benefit Program in excess of the Deductible required by Payor. Page I 02/27/03 -- AG£NoJ, ITEIq / ! APR O 8 20031 1.5 Deductible. That portion of the charges for Plan Benefits for which Payor has no obligation to pay or reimburse on behalf of Plan Members under a particular Benefit Program. 1.6 Medical Emergency. The sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity which, if not immediately diagnosed and treated, could reasona~bly be expected to result in serious physical impairment to a bodily function, or serious and permanent dysfunction of any body, organ or body part, or to cause other serious medical consequences which include placing a Plan Member's health in permanent jeopardy. 1.7 CHP Hospital. Naples Community Hospital and North Collier Hospital which have contracted as independent contractors with CHiP to provide certain Health Benefit Plan to Plan Members or Workers' Compensation Benefit Plan to Plan Employees. 1.8 CHP Physician. A physician who has contracted as an independent contractor with CHP and is listed by CHP as a Participating Provider in the electronic directory provided to the payor, as the same may be amended or updated from time to time. Changes to CHP Provider listing shall not require notice pursuant to Section 2.2. A physician who may participate in the WorkCare Program. 1.9 ClIP Provider. A CHP Physician, CHP Hospital, and any licensed health care facility or professional, who or which has entered into a written agreement with CHP and is listed in ClIP directory, as the same may be amended or updated from time to time upon notice to Payor. Changes to CHP directory shall not require notice pursuant to Section 2.2. A Provider who may participate in the WorkCare Program. 1.10 Plan Benefits. Those inpatient and outpatient services that are ordered for Plan Members by physicians and other licensed health care providers, covered under a Benefit Program, and within the scope of CHP Providers' service capabilities and this Agreement. 1.11 Plan Member. Any person who has elected to receive health care benefits from or through Payor's Benefit Program and who is eligible to receive Plan Benefits under a Benefit Program included in this Agreement. ARTICLE H - PROVISION OF SERVICES 2.1 Payor Representations and Warranties. Payor represents and warrants that the terms of this Agreement do not conflict with any other agreements, whether written or oral, between Payor and any other third person or entity. For purposes of CI-IP Providers compliance with Rule 4-153, Florida Administrative Code, Payor represents and warrants that its Benefit Programs are completely and fully self-insured, except for any reinsurance or similar form of stop-loss insurance, and that (I) no part or portion of any expenses incurred by a Plan Member are directly reimbursed to a Plan Member by a third party commercial insurer and (ii) no Plan Member is indemnified from and against the expense by a third party commercial insurer provided or arranged for by Payor. 2.2 Medical and Hospital Services. CHP Providers shall make available their usual and customary services to Plan Members in accordance with each CHP Provider's then current policies and procedures. CHP may increase or decrease the level and types of services made available under this Agreement; provided, however, ClIP shall provide Payor with thirty (30) days, if possible, if not than with reasonable prior notice of any material reduction in services arranged by CHP. During the term of this Agreement there may be additions to or deletions from the listing of CHP Providers. Page 2 o. :z,.o3 I APR 0 8 200t shall not be deemed a breach of this Agreement or cause for termination provided that such changes do not materially interfere with the ability of CHP to perform in accordance with the terms of this Agreement. 2.3 Medical Records. Each CHP Provider shall maintain medical records of Plan Meml~ers in accordance with applicable state and federal laws. All medical information concerning Plan Members is confidential and privileged. Medical information shall not be disclosed to any third party including Payor or its representatives without the duly executed consent of the affected Plan Member or his legally authorized representative, unless reqmred to do so by law or l~y court order. Subject to a Plan Member or a Plan Member's legal representative consenting to the release and/or duplication of medical records, each CHi:' Provider shall permit, during normal business hours, the inspection and/or copying of a Plan Member's medical records including emergency room records. The party copying such records shall reimburse the CHP Provider its reasonable costs and charges incurred in providing copies of Plan Members' medical records. Nothing m this Agreement shall require a CHP Provider to provide access to any Plan Member's medical records in violation of applicable state or federal laws or regulations. 2.4 Grievances. Any complaints received by Payor or its claims administrator with respect to the provision of Plan Benefits by a CHP Provider shall be forwarded to CHP and shall be submitted for resolution in accordance with the CHP's then current patient grievance resolution procedures as the same may be in effect from time to time. 2.5 Force Majeure. Neither CHP nor any CHP Provider shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service or employment deemed resulting, directly or indirectly, from Acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, employee strikes or work interruptions, earthquakes, floods, hurricane, failure of transportation or any similar or dissimilar cause beyond the reasonable control of such party. ARTICLE HI - BENEFIT PROGRAM and REQUIREMENTS 3.1 Benefit Program Requirements. Payor shall provide CHP copies of the rules, and benefit plan design, and other conditions to be followed by CHP Providers and Plan Members with respect to providing Plan Benefits under a particular Benefit Program. To the extent of any conflict between the terms of this Agreement and such policies the Plan Benefits shall govern if the Plan Benefits address the specific conflict and if not the terms of this Agreement shall govern provided, however that in no event shall this Agreement amend the Benefit Program. 3.2 Benefit Program Design. Payor shall include incentives for Plan Members to utilize the services of ClIP Providers under the Benefit Programs included in this Agreement. These incentives shall at be a greater deductible or copay or decreased coinsurance rate of benefits for out of network provider services. There shall be a minimum 10% differential for in network vs out of network benefits. Page 3 0~24/03 APR ARTICLE IV - PLAN ADMINISTRATION 4.1 Eligibility Requirements. Payor shall define and determine all eligibility requirements for Plan Members. Payor shall be solely responsible for all costs and expenses associated with its & Benefit Pro_mares. 4.2 Employee Retirement Income Security Act of 1974 ("ERISA"). For purposes of ERISA and any other applicable state or federal laws, neither CHP nor any ClIP Provider shall be deemed the "Administrator" or "Named Fiduciary," of any Benefit Program. Payor shall not seek to bar any CHP Provider from payment for Plan Benefits rendered to Plan Members based on any claims and defenses arising under ERISA or other similar state and federal laws. 4.3 Identification System. Payor shall implement and maintain an identification system established for the purpose of verifying the eli~bility of Plan Members to receive Plan Benefits under the applicable Benefit Program and this Agreement. Such system shall include an identification card provided to each Plan Member that includes the following information: Payor's logo, Payor's name and phone number, phone number for eligibility verification, address for claims submission, phone number for inpatient pre-certification, if any, employer or group name, plan type and account number, and CHP logo. 4.4 Notification of Claims Payment Administrator. Upon execution of this Agreement, Payor shall provide CHP with written notification of its designated third party administrator, if any, and shall thereafter provide CI-IP with written advance notice ninety (90) days prior to any changes. 4.5 Dissemination of Information. CHP shall provide to Payor, at no charge, an electronic directory of CHP Provider information, to be provided quarterly, at a minimum. Upon request of Payor, CI-IP shall print and copy paper directories for the enrollees of the Payors benefit plan. Payor shall pay CHP $.50 per copy of paper directories. CI-IP shall maintain an updated website, at no charge, and provide the website address to the Payor for access to CHP Provider information. Payor shall prepare and distribute to all Plan Members information booklets, brochures, and other information describing the benefits of utilizing the services and items offered by and through CI-IP and each CHP Provider. Clip shall provide to Payor or Payor's designated claim administrator the demographic information for each CHP provider and will update Payor or Payor's designated claim administrator monthly of any changes to this information. Update provider information shall be sent to the Payor's claim administrator via email in excel or access format or via paper. 4.6 · Sharing of Data. Payor shall provide or cause to be provided to ClIP those reports and other information listed on Schedule 4.6 to permit CHP to assess the efficiency, effectiveness, and quality of services provided pursuant to this Agreement. 4.7 Network and Program Fees. Payor shall pay CHP the fees listed on Schedule 4.7 as compensation for CHP providing Payor access to and use of the CHP Participating Provider network and each CHP Program. Page 4 02124103 APR 0 8 2003 ARTICLE V - REIMBURSEMENT 5.1 Compensation Rates. Each CHP Provider shall be compensated for Plan Benefits rendered to Plan Members pursuant to this Agreement, Schedule 5.1, as such, the fee schedule ,nay be amended by written mutual agreement from time to time. ClIP shall notify Payor and Payor's claim administrator, in writing, of any changes to the f~e schedule within sixty (60) days prior to implementa6on of the changes. Changes to the fee schedule shall not be deemed an amendment to the agreement requiring the consent of the Payor. Fee schedule rates determined by Current Resource Based Relative Value Scale for medical procedures and Healta Care Financing Administration (HCFA) weights, for Hospital Diagnostic Relational Grouping (DRG), shall be adjusted annually according to national updating of the RBRVS and HCFA by the respective US Government agencies. 5.2 Claims Processing Procedures. CHP shall require each CHP Provider to provide Payor or Payor's designated representative with billing invoices and appropriate documentation of thc services prodded by such CI-IP Provider. Payor or it designated agent shall pay all Clean Claims (described below) within thn'ty (30) clays of receipt of each clau'n. For purposes of the Agreement, claims shall be deemed received by Payor three (3) days after thc date of mailing by a CHP Provider to Payor or the designated agent and shall be deemed paid by Payor only upon actual receipt of funds by the CI-IP Provider. If additional information is required to pay a claim, Payor or its agent shall request the information in writing within thirty (30) days of receipt of the claim. In the event additional information is not requested in a timely manner a claim as submitted shall be deemed a Clean Claim. In the event Payor elects to audit a claim which is submitted for payment, Payor shall provide written notice of such audit to the CHP Provider and thc CI-IP Provider shall bc afforded thc opportunity to participate in the audit process. All audits shall be completed within thirty (30) days. Fadure of Payor or Payor's designated representative to comply with Section 5.2 shall result in the plan benefit payment to be determined from billed charges, no discount shall be applied nor will the of the CHP fee schedule be applied to the claim. 5.3 Physician Fees Excluded. Unless otherwise expressly provided for to the contrary in Schedule 5. I, compensation and charges submitted by a CH? Hospital are exclusive of any fees incurred by or on behalf of a Plan Member for Plan Benefits rendered by a CH? Physician or other CH? Provider. With respect to a CH? Hospital all charges and related reimbursement are exclusive of any fees incurred by or on behalf of a Member for services rendered by anesthesiologists, radiologists, emergency room physicians, pathologists, or any other hospital-based physician. 5.4 Late Filed Claims. CHP Provider claims shall be filed within 120 days of the date of Plan Member's discharge or the date services were rendered; provided, however, no CH? Provider shall be denied payment based upon a failure to submit a claim within one year 5.5 Non-Liability for Payment. CH? shall not be liable for the payment of any claims relating to Plan Benefits or any other services rendered by any CH? Provider. ClIP is neither implicitly nor explicitly the insurer, reinsurer, guarantor, indemnifier or underwriter of any Benefit Program or Payor's obligations to Plan Members. 5.6 Retroactive Denials. Payor shall not reduce any payment due, or assert a claim to any payment made including, without limitation, on the basis of medical necessity, to any CHP Provider for services rendered pursuant to this Agreement if Payor or its agent provided preauthorization approval for such services. Payor shall not arbitrarily or capriciously deny payment for services rendTea .... Provider in accordance with the terms of this Agreement. Payor shall provide notification and an explanation m wt'iting to the affected CHP Provider of any permitted denial of paymem. In the absence of the required notxfication and explanation, the CH:P Provider shall be entitled to seek payment directly from the Plan Member or other responsible person for the service rendered notwithstanding any other provision in this Agreement to the contrary. ' 5.7 Waiver of Copavments and Deductibles Prohibited. In the event a provider other than a CHP Provider or such other health care providers that are directly or indirectly under contract to Payor to render Plan Benefits to Plan Members ("Non-Plan Provider") renders services to an Plan Member and the Non-Plan Provider waives all or any portion of the applicable Copayment or Deductible, Payor shall calculate the benefits payable under the Benefit Program on the basis of the Non-Plan Provider's billed charges less the amount of the waived Deductible and/or Copayment [e.g. if the Non-Plan Provider's charge before the waiver is $100 and the waived amount is 20% then benefits would be paid on $80 and not $100 such that if benefits for Non-Plan Providers is 70/30 coverage, the amount Payor would pay to the Non-Plan Provider is ($80)(.70)=$56] 5.8 Assignment of Benefits/Balance Billing Prohibited. Except for the collection of Copayments and Deductibles and provided timely payment is made by Payor pursuant to and in accordance with the terms of this Agreement, CHP Providers shall not bill or attempt to collect from any Plan Member reimbursement for Plan Benefits rendered pursuant to this Agreement nor bill or attempt to collect the difference between the amount of reimbursement payable under this Agreement and the standard charges for the services rendered; This Section 5.8 shall not apply in the event Payor fails to make timely payment, or arbitrarily or capriciously denies payment, for services rendered. 5.9 Non-Plan Benefits. Nothing in this Agreement shall prohibit or limit the right of a CH2P Provider to seek payment directly from a Plan Member or other responsible person for any services, which are not Covered Plan Benefits. 5.10 Member Payment Liability. To the extent permitted by law, CI-IP Providers shall not be precluded from billing Plan Members directly for services rendered in the event Payor does not make payment to the CI-IP Provider within thirty (30) days of submission of a Clean Claim, or immediately in the event of Payor's insolvency, bankruptcy, liquidation, or placement by governmental authorities under receivership or supervision. 5.11 Third Party Beneficiary Status. Each CHP Provider is intended to be a beneficiary of the provisions set forth in this Article V and shall have the right and standing to seek enforcement of the rights and benefits afforded each CHP Provider under this Article V. 5.12 Coordination of Benefits. In any case where a Plan Member has coverage from a third party payor (excluding Medicare and all other federal programs, as applicable) other than Payor which is primary to the coverage provided by Payor and the third party payer is billed by and makes payment to a CHP Provider for Plan Benefits rendered to the Plan Member, Payor shall pay the CHP Provider the difference between the amount paid by the primary payor less any applicable deductible set forth in the Plan Benefits and the compensation rates contained in Schedule 5.1. However, in the event Medicare is the primary payor, Payor shall pay to the CHP Provider the amount of any Deductible, Copayments, and Plan Benefits which are not benefits under Title XVIII of the Social Security Act, as amended, to the extent permitted by law. hPR 0 8 2003/ 5.13 Withhold. Payor agrees to allow administrative withhold applied to claim payments made to CHP Provider's. This administrative withhold shall be calculated from each claim payment being made to the CHP provider according to the benefit plan. Four point five percent (4.5%) of the benefit plan payment shall be withheld from the CHP provider, withholds shall be accumulated monthly by the claim administrator and sent directly to CLIP. CHP shall pay the payors' claim administrat~r a mutually agreed upon administration fee for administrating this withhold. The withhold percentage and the administration fcc for administrating the withhold may be adjusted from time to time by CHP without amendment to this agreement. ARTICLE VI -TERM AND TERMINATION 6.1 Term. The initial term of the Agreement shall be for one (1) year, from ,__ to , and shall automatically renew for successive one (1__) year terms unless either party gives the other notice of it intention not to renew at least ninety ( 90 ) days prior to the annual anmversary of the Effective Date after the initial term of this Agreement. 6.2 Automatic Termination. This Agreement shall automatically terminate as of the effective date of termination of Payor's Benefit Programs if no other successor or substitute self-insured plan is adopted by Payor. This Agreement shall automatically, terminate as of the effective date of termination of Payor's self insured benefit program. Payor shall provide ClIP written notice no less than ninety (90) days prior to the effective date of termination of each Benefit Program covered under this Agreement. 6.3 Termination With Cause. If either party materially breaches this Agreement the "Non-Breaching Party" shall have the right to give the "Breaching Party" written notice of the alleged breach and the Breaching Party shall have thigy (30) days following receipt of such notice to cure the breach to thc reasonable satisfaction of the Non-Breaching Party. If the breach is not cured to the reasonable satisfaction of the Non-Breaching Party withLn the thirty (30) day period the Non-Breaching Party shall have the right to immediately terminate this Agreement. 6.4 Obligations After Termination; Continuation of Care. Termination of the Agreement shah not affect the rights, obligations and liabilities of the parties arising out of transactions occurring prior to termination. Termination of this Agreement shall be without the consent of or notice to any Plan Member or any other third party. Upon the termination of this Agreement for any reason or cause, CHP Providers shall cooperate with Payor by taking reasonable and medically appropriate measures to assure the assumption of medical care and services to Plan Members then under the care or treatment of CHP Providers. Each CHP Provider shall be compensated for such care in accordance with the terms of this agreement. CH? Providers shall furnish any information and take any action including, without limitation, continuing to provide care, for up to thirty (30) days, as Payor may reasonably request in order to effectuate an orderly and systematic termination of CH? Providers' duties and activities under this Agreement and the transfer of patient care obligations. The obligations under this section shall survive the termination or expiration of this Agreement. ARTICLE VII - GENERAL PROVISIONS 7.1 contractor. Page 7 02/24/03 Relationship of Parties. Payor and CH? acknowledge that CH? is an independent 7.2 Recitals. Each of the recitals set forth above are true and correct and are incorporated into and made part of this Agreement by reference. 7.3 Limitation of Assignment. This Agreement shall not be assigned by either party without the prior express written consent of the other party. '~ 7.4 Binding on Snccessors in Interest. To thc extent permitted by this Agreement, the provisions of, and obligations arising under, this Agreement shall extend to, be binding upon, and inure to the benefit of the successors and assigns of CHP and Payor. 7.5 Severability; Changes in Law. If any part of this Agreement is determined to be invalid, illegal, inoperative or contrary to law or professional ethics, the part shall be reformed, if possible, to conform to law and ethics; the remaining parts of this Agreement shall be fully effective and operative to the extent reasonably possible. If any restriction contained in this Agreement is held by any court to be unenforceable and unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions shall be enforced independently of each other. 7.6 Conformance With Law. Each party agrees to carry out all activities undertaken by it pursuant to this Agreement in conformance of all applicable federal, Florida and local laws, rules and regulations. 7.7 Time of the Essence. Time shall be of the essence with respect to each and every term, covenant, and condition of this Agreement. 7.8 Attorney Fees. In the event of any action, dispute, litigation or other proceeding relating to or in connection with this Agreement, each party shall be responsible for their own fees, costs, and expenses of counsel incurred in connection with that action, dispute, litigation or other proceeding. 7.9 Entire Agreement/Amendments. This Agreement supersedes all previous contracts and constitutes the entire agreement between the parties relating to the subject matter of this Agreement. Oral statements or prior written materials not specifically incorporated in this Agreement shall not be of any force and effect. In entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement and no others. Except as otherwise expressly provided in this Agreement to the contrary, no changes in or additions to this Agreement shall be recognized unless and until made in writing and signed by an authorized officer or agent of CHP and Payor. 7.10 Governing Law. This Agreement has been executed and delivered and shall be construed and enforced in accordance with the laws of the State of Florida excluding and without application of any choice of law principles except to the extent pre emptied by federal law. Any action brought by the parties whether at law or in equity shall be commenced and maintained and venue shall properly be in Collier County, Florida. The parties knowingly, intentionally and irrevocable waive any claim that any suit, action or proceeding brought in Collier County, Florida has been brought in an inconvenient forum. Each party-further waives all rights to any trial by jury in all litigation relating to or arising out of this Agreement. 7.11 Waiver of Breach. No provision of this Agreement shall be deemed waived unless evidenced by a written document signed by an authorized officer or agent of CHP and Payor. The waiver by either partly of a breach or violation of any provision of this Agreement shall ~,-[ Page 8 0 24 03 i A, PR 0 8200 be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement unless specifically provided for in the written instrument consenting to the waiver. 7.12 _Paragraph and Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way thc mcarung or interpretat~ion of this Agreement. 7.13 Gender and Number. When the context of this Agreement requires, the gender of all words shall include the masculine, feminine, and neuter, anlt the number of all words shall include the singular and plural. 7.14 Execution. This Agreement and any amendments may be executed in multiple originals, each cotmterpart shall be deemed an original, but all counterparts together shall constitute one and the same instrument. 7.15 Additional Assurances. The provisions of this Agreement are self-operative and do not require further agreement by the parties; provided, however, at the request of either party, the other shall execute, except as otherwise provided in th/s Agreement, any additional instruments and take any additional acts as may be reasonably necessary to effectuate this Agreement. 7.16 Construction. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. 7.17 Authority. Each signatory, to this Agreement represents and warrants that he possesses all necessary capacity and authority to act for, sign, and bind the respective entity on whose behalf he is signing. 7.18 Notice. Any notice given pursuant or relating to this Agreement shall be given by United States mail, postage prepaid, certified or registered mail, return receipt requested, hand delivery, or overnight delivery, and delivered to the addressee at the following address unless otherwise changed in accordance with the provisions of this Section: To: Community Health Partners: 408 Goodlette Road South Naples, Florida 34102 Attn: Contracting Dept. To: Board of County Commissioners Collier County, Florida: 3301 Tamiami Trail East Naples, FL 34112 7.19 Cumulative Remedies. Remedies provided for in this Agreement shall be in addition to and not in lieu of any other remedies available to either party and shall not be deemed waivers or substitutions for any action or remedy the parties may have under law or in equity. 7.20 Marketing and Promotion. Payor and CHP each reserve the right to and control of its name, symbols, trademarks, logos and service marks presently existing or established in the future. Payor may list each CHP Provider's name, address and telephone number and a description of its services in Payoffs roster of participating providers. Payor agrees that CHP may use its name in any publication listing the names of managed care programs and health benefit plans with which CHP contracts. Except as provided in this Section, the use of any written promotional documents, publicity, media advertising, o. ~r.i~:t,.~_---- I Page 9 o2 ,2 ,o APR 0 8 2003 PO. // or any other materials for public disclosure carrying the name, trademark, service mark, or a pictorial likeness of either party shall require the prior written consent of the other party. 7.21 Confidentiality. Payor shall take all reasonable precautions to maintain the confidentiality of this Agreement and any related information provided to or discovered by Payor oS'its authorized representatives and shall not disclose this Agreemeat, the terms thereof, or such other information to any party other than a party dkectly involved in the transaction contemplated by this Agreement. 7.22 Coordination of Defense of Claims. Payor and ClIP shall promptly notify the other of any claims or demands asserted by third parties which arise under or related to this Agreement. The parties shall make all reasonable efforts, consistent with advice of counsel and the requirements of the · respective insurance policies and carriers, to coordinate and assist in the defense of all claims in which the other party is either a named defendant or has a substantial possibility of being named. This Section shall survive termination or expiration of this Agreement. 7.23 Compliance with Laws and Regulation. Notwithstanding Section 7.5, in the event any applicable federal, state, or local law or any regulation, order or policy issued under such law is changed (or any judicial interpretation thereof is developed or changed) in a way which will have a material adverse effect on the practical realization of the benefits anticipated by one or both parties to this Agreement, the adversely affected party shall notify the other party in writing of such change and the effect of the change. The parties shall enter into good faith negotiations to modify this Agreement to compensate for such change. If an agreement is not reached within 30 days of such written notice; the Agreement may be terminated by either party. Page i0 0~'24i03 APR 0 8 ?..003 SCHEDULE 1.2 DESCRIPTION OF BENEFIT PROGRAMS To be attached here. Page 12 02/24/03 AGENDA l T E~"k"~1 NO /~PR 0 8 2003 SCHEDULE 1.8 CHP PROVIDERS Hospitals. Naples Community Hospital North Collier Hospita.. 1 Physicians, Institutional and .ancillary Providers as indicated in the electronic listing provided to payor quarterly by CHP. Providers subject to change without amendment to this contract. Page 13 02/24,03 APR 0 8 ?.003 To be attached here. SCHEDULE 3.2 UTILIZATION REVIEW PROGRAM Page 14 02~24/03 APR 0 8 2003 .o.~/~ I SCHEDULE 4.6 CItP PROVIDER DATA PREPARED BY PAYOR Report 1. Provider Claim and Utilization Data While the exact format outlined below is not required, the elements listed are required. Payor shall produce and send to CHP quarterly Provider Utilization P~eports including the following information from claims submitted by CHP preferred providers and other providers: Provider Name Provider Tax ID Patient Date of Patient Sex (M/F) Procedure Code Birth (CPT) Dx Code (ICD9) Dx Code (ICD9) Dx Code (ICD9) Date of Service Charge Amount Primary Secondary Third Mm/dd/yy Negotiated Allowable Amount These reports should be sent on 3 I/2" diskette or via electronic mail in Microsoft EXCEL or ACCESS format. Please include the field layout legend and indicate if files have been "zipped". Page 15 02/24/03 APR 0 8 200-3 SCHEDULE 4.7 NETWORK ACCESS Payor shall pay Community Health Panners a Network Access in the amount of $1.50 per employee per month. The fee shall be received by Community Health Partners by the 20th of each month. Fees to be disbursed to: Community Health 15artners 408 Goodlette Road S. Naples, FL 34102 Page 16 02/24/03 APR 0 8 2003 Schedule 5.1 Compensation Rates COMMUNITY HEALTH P.4RTNERS FEE SCHEDULE For BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA The prices quoted are based on the assumption that Comm~-tity Health Partners network providers are the designated Preferred Providers. It is assumed, theref6re, that the employer's deductible and co- payment portion of its plan is established to cover medical costs at the highest .level lbr care within the network and at the lowest level for any covered care that ~s available but is not utilized within this Preferred Provider Network. The confidential prices of the parties within Community Health Panners, collective agreements are as follows: I. For Beneficiaries °fHeaith and Welfare Payors A.I Subject to the terms of this agreement, Community Health Partners shall accept as payment in full for inpatient covered services the charges identified below: NAPLES COMMUNITY HOSPITA~L / NORTH COLLIER I]OSPITAL INPATIENT SERVICES Type of Service Pricing Adult or Child Service DRG $7000.00 per HCFA weight Adult or Ckild Rehabilitation Service DRG $7000.00 per HCFA weight Obstetrics Adult or Child Services DRG $7000.00 per HCFA weight Page 17 0~24/03 INPATIENT HOSPTIAL DRG PRICING Per Case Rate $7000.00 per HCFA weight For DRG pricing that exceeds above the billed charges, billed charges will be the method of reimbursement. *DRG weights will be determined yearly by HCFA. INPATIENT HOSPITAL STOP LOSS: For individual admissions for which billed charges exceed $50,000, DRG per case rates will apply up to the first $50,000.00 of billed charges; then the balance of the charges (above $50,000) will be discounted 75% of billed amount for reimbursement. When the DRG allowance exceeds $50,000.00 the Stop Loss provision does not apply. APR 0 8 2003 OUTPATIENT HOSPITAL and EME_R_GENCY ROOM 15% Discount t¥om billed charges. OIrYPATIENT SERVICES - NON HOSPITAL SPECIAL PRICING: HOME NURSING SERVICES 15% Discount of Billed Charges for Home Nursing Services. See Infusion Therapy for Special Infusion Therapy pricing. DAY SURGERY FACILITY .(does not include Surgeon fees) 15% Discoimt from billed charges. LABORATORY AND DIAGNOSTIC SERVICES includes MR/, CT, PET, etc_. Pricing based on the Physicians fee schedule per Procedure Code (CPT). Non listed procedures 20% discount fi'om billed charges. (80% of billed charges) OUTPATIENT PHYSICAL REHABILITATION (Includes Speech, Physical and Occupational Therapy) Pricing based on the Physicians fee schedule per Procedure C°de (CPT). Non listed procedures 20% discount from billed charges. (80% of billed charges) PHYSICIAN FEE SCHEDULE Physicians fee schedule is 115% of current RBRVS. Non listed procedures 20% discount from billed charges. (80% of billed charges) CHIROPRACTOR FEE SCHEDULE Page 18 02/24/03 Pricing based on the Physimans fee schedule per Procedure Code (CPT). Non listed procedures 20% discount from billed charges. (80% of billed charges) f-eR 0 8 2003 DURABLE MEDICAL EQUIPMENT (DME) DME .fee schcdule is 115% of current RBRVS. Non-Listed procedures 30% discount from billed charges. (.70% o£ billed ctiarges) ANESTHESIA AND ASSISTANT SURGERY Anesthesia Pricing Assistant Surgeon Pricing Based on the most current Relative Value Base Weight Unit of anesthesia procedure, established by the American Society Association of Anesthesiologists. $45.00 per 15 minute unit. Formula as follows: Base Unit + time x $45.00 = allowance. Modifier 80 = 20% of max. Surgical allowance Modifier 81 = 10% of max. Surgical allowance Modifier 82 = 20% of max. Surgical allowance Page 19 02/24/03 APR 0 8 2003 p,a. ' ,~--~-~ HOME INFUSION THERAPY: HOME INFUSION 'ITIERAPY Per Diem Pricing* TPN 1 liter $140.00 TPN 2 liter $165.00 TPN 3 liter Amibiotics Additional Antibiotics $195.00 $ 75.00 + AWP . $ 40.00 + AWP Chemotherapy $ 70.00 + AWP Steroids $ 70.00 + AWP Hydration 1 liter $ 55.00 + AWl) Hydration 2 liter Hydration 3 liter Pain Management (IV, SQ) Pain Management (Epidural) Enteral Nutrition Pentamidine Aerosolized Pentamidine IV Human Growth ttormone Hematopietics (Neupogen, Procrit) Des feral Heparin IVIG Dobutamine Prolastin Catheter Care Infusion Nursing Visit Infusion Nursing Hour Multiple Therapy Payments 1 '72=~/Y~ $ 65.00 + AWP $ 75.00 + AWP $ 75.00 + AWP $ 90.00 + AWP $ 17.00 + AWP $ 90.00 + AWP 75.00 + AWP. 25.00/shipment + AWP 25.00/shipment + AW'P 80.00 + AWP 65.00 + AW1) 70.00 + AWP 75.00 + AWP $ 75.00 + AWP $ 8.00perday $ 65.00 $ 35.00 100/70/50/50 % of contract *Per Diem includes medication charged at AWP pharmacy compounding fees, ancillary medical supplies, equipment rental, medication and supply home delivery, JCAHO accredited clinical pharmacy. Unlisted Infusion Therapies - 60% of Usual and Customary (U&C) gJ For Any Covered Services not addressed above, subject to the terms of the agreement, the Hospital and other network Ancillary Facilities shall accept as payment in full for inpatient and outpatient Covered Services an amount equal to 85% of its published billed charges. Page 20 02,~4/03 APR O 8 2003 IN WITNESS WHEREOF, the parties have caused this Letter Agreement to be duly executed as of this day of ,2003. ATYEST: Dwight F. Brock, Clerk of Courts Dates: Sec~fWitn~k g BOARD OF COUNTY COMMISSIO~RS COLDER COUNTY, ~O~DA By: ......... Tom Henning, Chairman NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. cl/b/a COMMJ,I~TY ItEALT~ PARTNERS Allen'~&/.. W~e~: .D., Co-Chairman David ~.~Gr~hairman Approved as to form and legal sup~enc~ :-f Assistant County .~ttome~ [ ' Print Names CORPORATE SEAL (Corporations only) Page I 1 02/27/03 ,A, PR 0 8 ~,,a..._.,~?_-,?-- 3 EXECUTIVE SUMMARY TO REQUEST BOARD APPROVAL FOR PUBLIC SAFETY RADIO SYSTEM EXPENSES ASSOCIATED WITH THE RECONSTRUCTION OF TWO (2) FDOT RADIO TOWERS THAT THE COUNTY CURRENTLY LEASES SPACE ON AT TOTAL COST OF $171,658. OBJECTIVE: To request Board approval for public safety radio system expenses associated with the reconstruction of two (2) FDOT radio towers that the County leases space on at a total cost of $171,65l~. CONSIDERATIONS: On October 25, 1994 the Board approved a contract with Ericsson Inc. now M/A COM Private Radio Systems for the 800 MHz radio system. During system implementation in 1995, spaced was leased for County radio equipment at two tower sites owned by the Florida Department of Transportation (FDOT). These sites are located on State Road 29 and Interstate 75 (Miles City) and at the 63-mile marker of Interstate 75 on the north side of the interstate. In 2001, FDOT began a long-term project of statewide technology upgrades to support intelligent transportation systems for the interstate network. FDOT determined that the Miles City and 63-mile marker towers would be replaced as part of this project. Collier County uses a significant amount of tower capacity at both sites and this tower space has been provided to the County at no cost. FDOT has requested that the County provide a radio equipment shelter for FDOT as cost sharing on this project. Staff concurs that this is a reasonable request. It was anticipated that funding would be needed in the last quarter of calendar year 2003, an FY 04 budget request. FDOT has opted to accelerate the construction of the Miles City tower and the County will need to complete its relocation to the new towers by June 2003. The 63-mile marker tower was completed earlier this year and Collier County's transition to this tower was completed by M/A COM as part of a lease agreement between the County and M/A COM for shared use of facilities for the State of Florida Law Enforcement Radio Network. Itemized below is the remaining work that needs to be completed: · Installation of antennas and cable at the new Miles City Tower. · Removal of existing equipment from the old 63-mile marker site and Miles City. · Reimbursement of FDOT for actual cost of the radio equipment shelter. Staff solicited quotes from the County's current radio system maintenance provider and 2 additional firms for the demolition/removal of existing equipment and for the installation of new microwave dishes, radio antennas and associated cabling. A summary of the quotes received is listed in the following table (lowest quote in bold print): Firm Demolition/Removal New Installation Goff Communications $18,425 $110,498.00 SBA Network Services N/A $ 88,720.00 Communications International Inc. N/A $73,232.45 Executive Summary Page 2 The additional funds requested are unanticipated maintenance expenses at an existing site. Maintenance tests have determined that antenna cables are exhibiting symptoms of damage from lightning strikes. Prior to degradation in performance, replacement is being recommended. The materials and labor to replace 1,500 feet of antenna cable will be $30,000. Once this work is complete, these expenses will be submitted for insurance reimbursement. FISCAL IMPACT: A budget amendment in the amount of $171,658 will be required to transfer funds from the 800 MHz Radio Communications Fund (188) reserves. Fund 188 is used for operational and maintenance costs associated with the 800 MHz system, with revenues generated from a surcharge on moving traffic violations, reimbursement from radio system users for specific maintenance and equipment costs, and lease payments from tenants on a County owned tower. During the implementation and warranty phases of the radio system, reserves were built up recognizing that annual expenses post warranty would exceed revenues. Based upon current revenue and expenses, Fund 188 will be self sufficient in FY 04 but radio system expenses may require some General Fund support in future budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners: · Authorize the Communications International Inc. to install replacement equipment at the Miles City tower at a cost of $73,232.45. · Authorize funding of additional radio system maintenance expenses - $30,000. · Authorize Goff Communications to remove County equipment at the Miles City and 63-mile marker sites at a cost of $18,425. · Authorize reimbursement to FDOT for the actual costs of a radio equipment shelter not to exceed $50,000. · Authorize necessary Budget Amendments PREPARED BY: ~ ~c"~___ John DMy,~ Co~cations M~ager B~ ~elrod, Inf~fi°n T~olo~ Director Steve C~ell, Purch~idg Director ~VIEWED BY: Skip C~p,]ntefim A~inis~tive Semites Adminis~tor I APR 0 8 2003 EXECUTIVE SUMMARY APPROVAL TO OPT-OUT OF A FORMAL MANAGED CARE ARRANGEMENT FOR WORKERS' COMPENSATION INSURANCE PURSUANT TO CHANGES IN THE FLORIDA WORKERS' COMPENSATION STATUTES, CHAPTER 440. OBJECTIVE: To seek approval from the Board of Commissioners to opt-out of a formal managed care arrangement for the County's Workers' Compensation program for the purpose of limiting the number of physicians in the network, which will result in improved case management. CONSIDERATION: in 1994, the State Legislature approved changes to Florida's Workers' Compensation Statute, Chapter 440, requiring employers to adopt a formal managed care program to provide medical care to injured workers. The effective date by which employers were required to comply was January 1, 1996. In response to this requirement, Collier County entered into a contract with the WorkCare program administered by Community Health Partners, to comply with the requirements of the law. During the 2001 session, the Legislature amended FS 440.134 (2)(a) to allow employers the option to "opt-out" of a formal managed care program. Scores of employers across the state have chosen to opt-out of managed care. Staff has reviewed the advantages of opting-out of a formal managed care arrangement and has also sought advice from the County's Workers' Compensation legal counsel, Doug Nail, and Johns Eastern, the County's claims administrator. As a result, staff is recommending that the County choose to opt-out at this time. The primary advantage to opting-out of a formal managed care arrangement is that it will enable the County to limit the number of physicians and providers the County utilizes for medical care, thus resulting in stronger case management. The County's desire is to offer to injured employees only those physicians who have demonstrated a commitment to the goals of high quality care; return to work; communication and responsiveness; and prompt case closure. Currently, there are over 450 physicians and providers under the managed care program, some of whom the Risk Management staff does not wish to utilize. However, if the County remains under the current managed care arrangement, the entire list of Physicians must remain available. Staff wishes to reduce the number of available physicians to approximately 60. While it is recommended that the County opt-out of a formal managed care arrangement, staff believes it would be advantageous to continue to utilize the case management services provided by WorkCare as they have been found effective in meeting the County's goals. The County can opt-in to a managed care network in the future if this proves necessary or beneficial. AGENDA I_TEM# APR 0 8 003 FISCAL IMPACT: There is no cost associated with this recommendation. The County will enjoy a savings of $1,000 per year by avoiding a managed care filing fee. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. RECOMMENDATION: It is recommended that the Board opt-out of a formal managed care arrangement for its Workers' Compensation program as permitted by Florida Statute 440.134 (2)(a) but continue to utilize WorkCare for case management services. S U B M ITT E D BY:~"~j-'c---- / ~ff Walker, CPCU, ARM Director, Risk Management REVIEWED BY: //'~~,~'~"~ 'SiT, ip~Camp', Date:-~/'~'/~-_~ Date: ~?/.~,/~d ? Interim Administrative Services Administrator EXECUTIVE SUMMARY APPROVAL TO AWARD WORK ORDER #VC-02-06 UNDER RFP #02-3349, GENERAL CONTRACTOR SERVICES, TO VARIAN CONSTRUCTION COMPANY FOR THE PARTIAL RENOVATIONS OF THE 6TIt FLOOR OF THE COURTHOUSE FOR THE CLERK OF COURTS CRIMINAL AND CIVIL DEPARTMENTS IN THE SUM OF $156,800.00. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Work Order #VC-02-06 with Varian Construction Company for renovations to the 6th floor of the Collier County Courthouse for office space for the Criminal and Civil Departments. CONSIDERATIONS: The Board of County Commissioners approved funding for partial renovations of the 6th floor of the Courthouse for the Clerk of Courts Criminal and Civil Departments. As part of this renovation project, construction contractors were solicited to provide quotes for the scope of work. On March 3, 2003, formal notices were distributed to the five General Contractors on the annual County Contract. On March 13, 2003, three bids were received and opened in response to the request under RFP #02-3349 for the renovations to the 6th floor of the Courthouse. Varian Construction Company was the apparent lowest qualified bidder at $156,800.00. Monies for this project were allocated in FY03 Budget. FISCAL IMPACT: Funds are budgetedin the R~novation project (§2001) in the County Wide Capital Improvement Fund (301). Source of funds is Ad Valorem. GROWTH MANAGEMENT IMPACT: This request does not impact the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners award Work Order #VC-02-06 to Varian Construction Company for renovations to the 6th floor of the Collier County Courthouse and a~cn~ze the Facilities ,Management Director to sign the Work Order after review and 7~.th County_~_ ~.y s Office. B~.q Robert Fuentes, P~bject Manager / PREPARED Department of Fa{ilities Management ! REVIEWED BY: Jac/C~ognale, P~cil~P~oject Manager partment of Facilities Management DATE: N ~' APR 0 8 2003 EXECUTIVE SUMMARY Work Order #VC-02-06 Page 2 REVIEWED BY'~/'~-~ .. _ _. DA~: Daniel R'. Rodnguez, ln.~m ~ctor Faci]ja~lEs Management Department of REVIEWED BY: Ste~he~ ¥. c , ' Purchasing Department DATE: APPROVED BY: ~kip'~a~p,"[n~erim Adn~inistrator Administrative Services Division DATE: ~o. -~~____-I I APR O 8 NO3 I 239-775-1178 Fax 239-732-0820 WM VARIAN CONSTRUCTION CO. General Contractor CG C061412 CC C057950 QUOTE SCHEDULE Building "L' SIXTH (6th) FLOOR RENOVATIONS QUOTES UNDER CONTRACT #03-3488 GENERAL SERVICES CONTRACTORS March 13, 2003 Acknowledge Addendum #1 dated March 7, 2003 Having become familiar with the conditions at the project site and having carefully examined the contract documents, schedules, and drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following limp sum of: Base bid lump sum: FIFTY THOUSAND TWO HUNDRED FIFTY DOLLARS AND 00/100-- ($50,250.00) Add Alt~ 1: Carpeting Total base bid plus alternate $__106,550.00-- $ ~56,800.~__ By: William J. Varian, CGR, CAPS President This proposal is good for 30 days 03-031 1400 Blue Point Ave. #102 ° Naples, FI 34102 -- AGENDA ITEM._'I .o. i/[.-z~'~ 1 APR 0 8 2003 Pg'~__..- -: . SURETY CONSTRUCTION COMPANY March 13, 2003 Mr. Robert Fuentes Collier County Gov. Facilities Management 3301 East Tamiami Trail Naples, FL 34112 Atto: Robert Ref: Building L 6~ floor Renovations This letter shall serve as our proposal to provide supervision, labor and material at the above referenced job to complete renovations per plan sheets Al and A2 dated 2-11-03, plan sheet SP1 dated 1-20-03, Specifications, and Addendum One provided by Victor J. Latavish, AIA. Base Bid Price: Carpet Alternam Add: TOTAL BID INCLUDING ALTERNATE $ 55,867.00 $123,150.00 $179,017.00 Sincerely SURETY CONSTRUCTION COMPANY E~qmator 28441 South Tamiami Trail. Suite 109 Bonita Springs, Floticla 34134 Telephone (941) 992-6030 FAX [94~) 992-7977 CGC ~0288','0 CGC #031578 CGC #031632 SURETY CONSTRUCTION COMPANY BACKGROUND JEREMY DEAN 2731 2nd Street N. E. Naples, FL 34120 Attended Kingsbridge Upper School, England, Graduated 1986 Attended Plymouth CFE, England, 1986 - 1988 Employment History with Surety: Surety Construction Company, Bonita Springs, Florida Supervisor - August,~9 to Present Bokrand Homes (Custom Homes) Carpenter, Foreman - 1997 - August, 1999 ZEP Construction Foreman - 1996 - 1997 Tamiami Transportation Owner- 1995 - 1996 ZEP Construction, Ft. Myers Form Carpenter, Crane Operator, Foreman - 1992 - 1994 First-Aid and CPR Certifed Supervisor on a few County Projects: PROJECT Sheriff's Comm. Center Bldg. F 5=h Flr PROJECT DESCRIPTION Expansion of 911 Dept. Renovation of IT Dept. Sheriff's Crime Scene Bldg. B. Elections HUD Office N. Naples Library Renovation of Interior Renovation of Interior Renovation of Suite #270 Wood siding repair DATE February 2003 November 2002 September 2002 August 2002 March 2002 Sept. 2000 Non County Projects: Fancy Nails Eclectic Furniture 28441 South T-4mim'niTrail, Suite 109 Bonita $~ing.~ ~ 34134 Telel:~one (941) 992-6030 CGC #O2867O CGC #031578 CGC #051632 Tenant Improvement Tenant Improvement June Dec. 2001 2OOl ~Pl~ I'! ~ ~nn~ QUOTE SCl~F~DULE BUILIDNG "L" SIXTIt (6TM) FLOOR RENOVATIONS QUOTES UNDER CONTRACT # 03-3488 GENERAL SERVICE CONTRACTORS Having become familiar with the conditions at the project site and having carefully examined the con~act docments, schedules and'drawings, the undersigned propose to furnish all materials, labor and equipment for the entire work in accordance w/th the documents and applicable codes and ordinances for the following lump sum off Addendum # i dated March 7, 2003 Acknowledged Base bid, the Lump Sum of Seventy Five Thousand Two Hundred 00/100 Dolla~ $75,200 Add Alternate # 1: One hundred fourteen thousand five Dollm~ hundred seventy one and 00/100 $114,571.00 Carpeting $ 11&;~71 nO Total Base Bid plus Alternate # I $ 1 8 9,7 71, O 0 Donald E. Brooks, Manager Title Corporate Seal .o.~ ! APR 0 8 2003 QUOTE SCHEDULE BUILIDNG "L' SIXTH (6TM) FLOOR RENOVATIONS QUOTES UNDER CONTRACT # 03-3488 GENERAL SERVICE CONTRACTORS Having become familiar with the conditions at the project site and having carefully examined the contract documents, schedules and' drawings, the undersigned propose to fin~.qh all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Addendum # 1 dated March 7, 2003 Acknowledged Base bid, the Lump Sum of ~qavaney Fi va Tho,,~anc] 00/100 [75:200.00) Dollars Add Altemate# 1: One hundred fourteen thousand five Dollars hundred seventy one and 00/100 ($114,571.00) Carpeting $ I I '~; K71 Dfl Total Base Bid plus Alternate # 1 $ 1 8 9,7 71.0 0 Brooks~d LLC B.y:_ N eof idd yped) Donald E2 Brooks, Manager Title Corporate Seal APR082003 I WORK ORDER # VC~02-06 "General Contractor"s Services" Contract #02-3349, dated June 11, 2002 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: Renovations 6~h Floor Courthouse, Clerk of Courts, Criminal and Civil Division Departments. PROJECT: The work is specified in the proposal dated March 7,2003, from Varian Construction Co. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #VC-02-06 is assigned to Varian Construction Co. Scope: Contractor to provide labor and materials for the renovations of the 6=h floor Courthouse (BLDG. L) as per Architectural drawings from Victor Latavish AIA dated March 3, 2003. Schedule of Work: Complete within 90 days. Liquidated Damaqes: NONE Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL FEE $ 156,800.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. REVIEWED BY: Jack Crognale, Pricipal Project Manager Facilities Management Department Date AGENDA 'ITEM ~l' APR 0 8 2003 Work Order #VC-02-06 Page 2 APPROVED BY: Daniel R. Rodriguez, Interim Director Facilities Management Department Date Varian Construction Co. ATTEST: (Corporate Secretary) By: Typed Name and Title By: Signature (or) witnesses (2) (1) Signature (Print Name) (2) Signature (Print Name) Approved as to Form and Legal Sufficiency: Tom Palmer Assistant County Attorney APR082003 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND AMERICAN TOWER, L.P. AT AN ANNUAL COST OF $24,768 OBJECTIVE: Request Board approval of a Lease Agreement between Collier County and American Tower, L.P at an annual cost of $24,768. , CONSIDERATIONS: On October 26, 1994, the Board contracted (contract No. 94-2201) with Ericsson Inc., now MiA COM Private Radio Systems Inc. for construction of the 800 MHz radio system. On June 25, 2002, the Board approved the addition of two sites for the radio system. The. Lease under consideration today will provide space for antennas on an existing tower and for a radio equipment shelter in the Corkscrew area at Immokalee Road and Randall Boulevard. This tower was constructed with a total height, including antennas, of less than 200 feet. Collier County's proposed use will exceed the 200-foot level. With the extended tower height, the County will be responsible to install lighting on the tower in accordance with FAA regulations. FISCAL IMPACT: The total FY 03 cost is $12,384 for tower rent and $16,408 for the tower lighting. Tower rental payments for FY 04 will be $24,768. Funds are available by appropriating carry forward revenue of $54,21 lto be applied to the tower rent and lighting - $28,792 and the balance will increase contingency reserves - $25,419. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: · Authorize the Chairman to execute the lease agreement between Collier County and American Tower, L.P. following execution by American Tower; · Authorize the necessary Budget Amendment; · Funding of utility costs and propane fuel for the emergency generator from Fund 188. APR O 8 ZOO3 ! ATC SITE NAME I NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire LICENSE AGREEMENT ATC Contract No: This LICENSE AGREEMENT ("Agreement") made this day of ., 2003, ("Effective Date') by and between American Tower, L.P., a Delaware limited partnership, with a place of business at 10 Presidential Way, Wobum, MA 01801 ("Licensor') and Collier County, Florida wilh a place of business at 3301 Tamiami Trail East, Naples, FL 34112 ("Licensee'). The altached Terms and Conditions are incorporated herein by this reference. TOWER SITE INFORMATION: Site Name: Coil(screw Site Number:. 22910 Address and/or location of Tower Site: 13240 Immokalee Road, Collier County, Naples, FL 34120 Coordinates: Lat. 26-16-31.61N Long. 81-35-35.47W .N_OTI~C.E & EMERGENCY CONTACTS; · Licensee's local emergency contact (name and number): John Daly/239-982-0638. · Licensor's local emergency contact (name and number): Network Operations Communications Center (800) 830-3365. · Notices Io Licensee shall be sent lo the address above to the attention of Information Technology, John Daly. · Notices to Licensor shall be sent to the address above to the atlention of Contracts Manager. APPROVED USE OF TOWER SITE BY UCENSEE; ~'ransmitting frequencies: 855-860MHz & 6525-6875 MHz Receiving frequencies: 855-860 MHz & 6525-6875 MHz Antenna mount height on tower: 175' & 195' ft. AGL (See Exhibil'A for specific location description) All oIher permitted use of the Tower Site including, wi{bout limitation, Licensee's Approved Equipmenl (as defined in Section 1 herein), frequencies, channels and the identification and location of the Licensed PremiseS(as defined in Section 1 herein) at the Tower Site are described in Exhibit_s A and B, are incorporated herein by reference and made a part hereof. FEES & TERM.. The "Monthly License Fee' shall Ue Two Thousand Sixty Four and No/100 Dollars ($2,064.00), adjusted on July 1, 2003 and on each July 1st thereafter during the Initial Term and during any Renewal Terms by the "Annual Escalator". If the Commencement Date is eadier than July 1, 2003, then the Annual Escalator adjustment made to the Monthly License Fee on July 1, 2003 shall be pro-rated for each full calendar month betWeen the Commencement Date and July 1, 2003. The Annual Escalator shall be five percent (5%) per year. The "Site Inspection Fee" shall be: One Thousand Five Hundred Dollars ($1,500.00), as adjusted annually by a percentage rate increase equal to the Annual Escalator. Initial Term: The "initial Term" of this Agreement shall be for a period of five (5) years beginning on the Commencement Date. Subject to Section 1, lhe "Commencement Date" shall be defined as the earlier of: (i) lhe commencement of installation or construction of any improvements by Licensee at the Tower Site; or (ii) May 30, 2003. Renewal Terms: The 'Renewal Terms' of this Agreement shall be three (3) additional periods of five (5) years each. Electricity for operation of Approved Equipment is to be provided by (check one): [] Licensor at the monthly rate of $ ,, adjusted annually by the Annual Escalator and subject to Sections 3 & 5 OR [] Licensor, wiih such being included in the Monthly License Fee and subject to Sections 3 & 5, OR [] Licensee. at its sole expense. OTHER PROVISIONS: Other provisions: (check one): [] None [] As listed below a. Notwithstanding anything to the contrary in this Agreement, Ihe offer to Licensee expressed in this Agreemenl shall automatically become null and void with nb further obligation by either party hereto if a structural analysis of Ihe Tower Site completed after the execution of this Agreement by Licensor but before the Commencement Date of the installation of Licensee's Additional Equipment indicates that lhe Tower Site is not suitable for Licensee's Additional Equipment unless Licensor and Licensee mutually agree that structural modifications or repairs shall be made to the Tower Site on mutually agreeable terms. b. SSIS shall be a fee of One Thousand Five Hundred Dollars ($1,500.00) pursuant to Section 9 below. c. Licensor and Licensee agree and acknowledge that this Agreement is contingent upon a satisfactory SSIS. APR 0 8 003! ATC SITE NAME I NUMBER: Corckscrew, FL./22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire IN WITNESS WHEREOF, tile Parties, each in consideration of the mutual covenants contained herein, and for other good and valuable consideralion, intending to be legally bound, have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date first above-wrilten; provided, however, that lhis Agreement shall not become effective as to either Party until executed by bolh Padies. AS TO THE LICENSOR: DATED: Witness (signalure) (print name) Witness (signature) (print name) AS TO THE LICENSEE: DATED: American Tower, L.P., a Delaware limited padnership By: ATC GP, Inc., its sole general partner By: Print Name: Joellen Mitchell Title: Vice President ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Tom Ftenning, Chairman BY: Deputy Clerk Approved as to form and legal sufficiency: · "T/,-/-~ )~--~omas C. Palmer Assistant County Attorney ATC SITE NAME I NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire TERMS AND CONDITIONS GRANT OF LICENSE. Licensor hereby agrees to license to Licensee space for the housing, installation and operation of the communications equipment specifically described in Exhibit A altached hereto ("Approved Equipment") with the location of such Approved Equipment being more specifically described in Exhibits A and B ("Licensed Premises") at the communications tower, antenna structure or rooftop facility described in the Tower Site Information section on page 1 ('Tower Site'). All Apt~oved E. quipment ~ be and mma~ Licensee's personal properly. Licensor shall maintain the communication facility located on the To.ar ~ ia good corm~ioa and in a manner which will not dislurb Licensee's reasonable use of lhe Licensed Premises. I.iceasee shai also have a ~ to: (i) install and maintain wires, cables, conduits and pipes either within, over, under or along the Tower Sile; and (i~ to use any specirm right of way for access to the Tower Site, each at locations mutually agreed upon by Licensor and Licensee. In the event any public utility is unable to use the existing right-of-way, Licensor agrees to grant an additional right-of-way at the Tower Site either to Licensee or to the public utility at no cost to Licensee to the extent permitted under the Ground Lease at a location acceptable !o the Licensor. Subject to Section 15 herein, Licensee shall be solely and directly responsible for any and all property damage that results from the installation of any cables or utility wires by Licensee or any company or person retained by Licensee, including, without limitation, any property damage that results from the accidental culling of utilily wires or cables of any other party operating at the Tower Site. Licensee shall notify Licensor no less than five (5) days prior to the date upon which Licensee intends to commence any construction or installation at lhe Tower Site, together with a construction schedule, so as to provide Licensor with an opportunity to be present during any such installation or construction. In addition Io lhe foregoing, Licensee shall notify Licensor of the actual date of Licensee's commencemenl of any installation or construction at the Tower Site no more lhan five (5) days following such commencement,*and with such notice in writing in the form of the notice attached hereto as Exhibit D. In the event that Licensee fails to provide such written notice the date of such commencement for the purposes of the determination of the Commencement Date of this Agreement, then the Commencement Date shall be deemed to be the Effective Date. Licensee's right to cure under this Agreement shall not be applicable to a failure to deliver timely written notice of such commencement notice. Licensor shall provide Licensee with one set of keys and/or codes to access the Tower Site so that Licensee shall have the right of access to the Licensed Premises 24 hours per day, 7 days per week, to the extent permitted under the Ground Lease. Licensee shall be responsible for ensuring that Licensor has, at all limes, a complete and accurate written list of all employees and agents of Licensee who have been provided the access codes to the Tower Site. EXHIBITS. Wilh~ forty-five (45) days following the commencement of the installation of the Approved Equipmenl, Licensee shall provide Licensor with as-built drawings or construction drawings of the Approved Equipment as installed in both hard copy and electronic form ("Construction Drawings'), such Construction Drawings shall include lhe location of any shelters, cabinets, grounding rings, cables, and utility lines associated with Licensee's use of the Tower Site. Upon receipt, Licensor shall insert hereto the Construction Drawings as Exhibit C. In the event that Licensee fails to deliver the Construction Drawings as required by this section, Licensor may cause such Construction Drawings to be prepared on behalf of Licensee and Licensor shall assess a fee for such Construction Drawings of cost, including in- house labor, plus twenty percent (20°/~,), which upon invoice shall become immediately due and payable. In the event of inconsistency or discrepancy between (a) Exhibit A and Exhibit B hereto, Exhibit A shall govern, and (b) between Exhibit _A (with respect to Approved Equipment and anlenna locations) together with Exhibit B (with respect to ground space installation locations) and Exhibit C hereto, Exhibits A and B shall govern, notwithstanding any approval or signature by Licensor or its employees. Any such inconsistency or discrepancy between Exhibits A, B and C as set forth in the foregoing sentence shall be deemed a material default by Licensee hereunder. LICENSE FEES; TAXES; ASSESSMENTS. The Monlhly License Fee, as adjusted by the applicable Annual Escalator, shall be payable in advance on the first day of each calendar month beginning upon the Commencement Date. If the Commencement Date is not the first day of a calendar month, the Monthly License Fee for the first partial month shall be prorated on a daily basis. The Monthly License Fee for any last partial month in the term of this Agreement shall also be prorated on a daily basis. Licensee shall be solely responsible for all utility charges directly attributable to lhe Approved Equipment, except as otherwise provided on page 1 of this Agreement. Licensor shall be responsible for the payment of its pro rata share of any applicable taxes or govemmental assessments against the Tower Site or Licensee's personal property and improvements thereon owned and mainlained by Licensor. Licensee shall be responsible for the payment of any applicable taxes, fees or governmental assessments against any equipment, personal property and/or improvements owned, leased or operated by Licensee or directly associated with Licensee's use of the Licensed Premises. Licensee agrees to pay .or reimburse Licensor for any and all taxes, fees, or other costs and expenses assessed upon or paid by Licensor to the United States Forest Service or Bureau of Land Management altributable to Licensee's Approved Equipment, Licensee's use of or Licensee's presence at the Tower Site. All payments due under this Agreement shall be made to Licensor at the address listed on page I or such other address as Licensor may notify Licensee of in writing and/or upon such invoice. All payments due under this Agreement shall be rounded up to the nearest whole dollar amount. The CPI means the Consumer Price Index for All Urban Consumers, U.S. City Average (1982-1984=100), as published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised, such other government index or compulalion with which it is replaced shall be used ' ' · '- obtain substantially the same result as if the Index had not been discontinued or revised. ~ No..//~_'4..~ ~ ~.~ I ! APRO82003 ATC SITE NAME I NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire 4. TERM. The Initial Term of this Agreement shall be as specified on page 1. This Agreement shall automatically be renewed for the Renewal Terms, if any, also staled on page 1 unless eilher Party gives to the other one hundred eighty (180) days written notice of termination prior Io the expiration of the lhen-current term. Upon expiration, cancellation or termination of this Agreement for any reason, Licensee shall: (i) remove Ihe Approved Equipment and any olher property of Licensee from the Licensed Premises at Licensee's sole dsk, cost, and expense; (ii) deliver the Licensed Premises in substantially lhe same and in as good a condition as received (ordinary wear and tear excepted); and (iii) repair any property damage caused by the removal of the Approved Equipment wilhin 10 days of the occurrence of such damage, in lhe event that Licensor's right lo license space to Licensee at the Tower Site is subject to a right of first refusal for the benefit of a third party or consenl from Ihe underlying lessor of lhe Ground Lease, Licensor shall reserve the right Io terminate this Agreement in the event that such Ihird party fails to refuse, consent or waive (or is deemed to have refused or waived) such right or consent. 5. COMMON EXPENSES; UTILITIES. Licensee shall reimburse Licensor for Licensee's pro-rata share of costs and expenses incurred by Licensor for the maintenance, repair and replacement of common facilities at the Tower Site including, without limitation, damage to fences, gates, access roads, and Ihe lower structure. Notwithstanding lhe foregoing, lhe cost and expenses associaled wilh any damage which is direclly altdbulable to the acts or omissions of Licensee or Licensee's contraclors shall be borne solely by Licensee. Licensee shall not be required to pay any share of costs or expenses incurred Io replace lhe tower struclure. In the event thai Licensee also licenses space wilhin a building or shelter owned by the Licensor on the Tower Site, Licensee shall also reimburse Licensor for its pro-rata share of all common expenses incurred for the operation, maintenance, repair and replacement associated with such building or sheller, including, without limitation, the physical structure of the building, HVAC system, and common utility expenses. In the event thai Licensee is connecled to a generator or back-up power supply owned by lhe Licensor, Licensee shall also reimburse Licensor for its pro-rata share of all expenses incurred for lhe operation, maintenance, repair and replacement associated wilh such generator, including, withoul limilalion, fuel expenses and replacement. For the purposes of this section, a 'pro-rata share' of costs and expenses shall be delermined based on the number of licensees using the Tower Site on the first day of the month in which an invoice is mailed lo Licensee. Licensee shall reimburse Licensor for common expenses wilhin thirty (30) days following receipl of an invoice from Licensor. Licensor and/or Licensee shall be responsible for lhe ulility costs associated with lhe operation of Licensee's Approved equipment as set forth on page 1; provided, however, that (a) in no event shall Licensor provide Licensee with telephone service; and (13) in lhe event Ihal Licensor provides access to electricity or ulililies 1o Licensee for a fixed fee or inclusive in the Monthly License Fee, Licensor reserves the right to reasonably increase such fees based on any change in equipment or increased power requirements by Licensee. 6. INSTALLATION BY LICENSOR. Licensee shall submit to Licensor its scope of work requirements for Ihe installalion of its Approved Equipment within ten (10) business days following the Effective Date and wilhin a reasonable pedod of lime prior to any planned subsequent modification to or installation of additional Approved Eq[~ipmenl (but in no event less than fifteen (15) business days). Unless Licensor otherwise notifies Licensee, Licensor shall install or shall cause lhe inslallation of the Approved Equipment at the slandard market rate for such services (by experienced antenna system inslallers and excluding any discounls which may be offered or are available from time to lime). The Parties agree to diligently and in good faith negotiate a conslruction contract to install the Approved Equipment. If the Parties fail to agree upon the lerms and conditions of lhe construction contract, they shall select an appraiser to resolve any disputes in accordance with common induslry praclice. Both Parties agree to be bound by the appraiser's decision. 7. SITE INSPECTION. Not less lhan len (10) days prior Io the initial installation by Licensee of Ihe Approved Equipment or before lhe date of any subsequent modifications to or installation of addilional Approved Equipment, Licensee shall pay Licensor lhe Site Inspection Fee. In the event Ihat Licensor installs Licensee's Approved Equipment, Licensor shall waive the Site Inspection Fee with respect lo such inslallation. 8. LABELING. Licensee shall idenlify ils equipment and equipmenl cabinets (unless such cabinet is located in a building owned by Licensee) with labels permanently affixed thereto and slating Licensee's name, contact phone number, and installalion date. Licensee's coaxial cables shall be labeled al both Ihe top and bottom of the tower structure. Should Licensee fail to so identify its equipment, Licensor may, in its sole discretion, interrupt Licensee's operations at the Tower Site and shall constitute a default of this AgreemenL In addition, should Licensee fail lo label its equipment as required by lhis section, Licensor may label Licensee's equipment and assess against Licensee a fee of Seven Hundred Fifty and No/100 Dollars ($750.00), as adjusted annually by a pementage rate increase equal lo the Annual Escalator, which upon invoice shall become immediately due and payable. 9. WORK; ALTERATIONS; STRUCTURAL ANALYSIS & MODIFICATIONS. Licensee agrees that all of Licensee's property to be installed upon the Tower Sile and all frequencies utilized by Licensee pursuant to this Agreement will be in exact accordance with that specified in Exhibit A attached herelo. Licensee shall submit lo Licensor detailed plans and specifications accurately describing all aspecls of the proposed work to be performed including, without limitation, weight and wind load requirements and power supply requirements and evidence that Licensee has obtained all approvals, permits and consenls required by, and has otherwise complied with, all legal requirements applicable to the performance of the Work. Licensee agrees Ihat il will not make any alterations or additions to the Appro~=G ?~p~l~,lITEl~ "C'~. without the prior written consent of Licensor in each case obtained. An amendment to Exhibit A to this be prePared to reflect each addition or modification to Licensee's equipment from tirn~ ~'o t-~-mme to which~Licen.~or has 4 | APR 08 2003 ATC SITE NAME / NUMBER: Corckscrew, FI J22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire given its written consent. Any and all work at Ihe Tower Site shall be performed in accordance wilh the foregoing standards and by qualified conlractors approved of in advance by Licensor (which approval of contractors shall not be unreasonably withheld, except as otherwise provided in the following sentence). Licensor reserves the right, in its sole discrelion, to refuse to permit any person or company to climb any tower structure at the Tower Site. Such contractors shall have valid and current worker's compensation and general liability insurance cerlificales on file with Licensor, naming Licensor as an additional insured and which otherwise satisfy the insurance coverage requirements described in Section 14 of this Agreement. Subject to Section 768.28.F.S., Licensee shall indemnify, defend and hold harmless Licensor from and against any and all costs, claims, causes of action and liabilities of every nature and kind arising out of the acts and omissions of Licensee, its employees and agents or Licensee's conlractors or subcontractors. At its sole election, Licensor may, in its sole but reasonable judgment, perform or cause to be performed a structural analysis to determine the availability of capacity at the Tower Site for the modification and/or additional equipment at the Licensed Premises by Licensee. Nothing herein shall prevent Licensee from performing such analysis for its own account; provided, however, that Licensor shall approve such vendor in Licensor's sole discretion and Licensee shall provide a complete copy of any structural analysis that it performs to Licensor at no cost to Licensor no more than thirty (30) days following the completion of that analysis. If Licensor performs such an analysis or causes one to be performed, Licensee agrees promptly Io reimburse Licensor for all reasonable costs and expenses incurred by Licensor or Licensor's vendor in the performance of such struclural analysis within sixty (60) days following receipt of an invoice from Licensor. In the event a structural analysis is performed after the execution of this Agreement by Licensor but prior to the installation of Licensee's Approved Equipment, and such analysis indicates that lhe existing tower structure can not structurally accommodate Ihe proposed installation of Licensee's Approved Equipment thereon, Licensor or Licensee may terminate this Agreement upon written notice at any lime prior lo the commencement of Licensee's installation. With respect Io any permitted struclural modifications to the Tower or upgrade of utilities by Licensee that are approved by Licensor, Licensor reserves the right to simultaneously upgrade the tower structure or utilities in excess of the modification required to accommodate Licensee's Approved Equipment in order to increase capacily ("Excess Upgrade"); provided, however, that Licensor shall be solely responsible for the costs associated with such Excess Upgrade. Prior to the Commencement Date and/or prior to any Licensee-requested installation or modification Licensor may elect to perform a shared site interference study ("SSlS") and Licensee shall pay Licensor a fee of One Thousand Five Hundred and No/!O0 Dollars ($1,500) per study, as adjusted annually by a percentage rate equal to the Annual Escalator. This fee shall be payable at the time of Licensee's application or immediately upon a determination by Licensor that a SSIS is required. Licensor's performance of the SSIS shall in no way constitute a warranty or representation from Licensor that Licensee's proposed operations from the Tower Site will not suffer or cause interference with other users, but shall merely be a customary report intended to assist in the prevention of potential interference. 10. RF INTERFERENCE. (a) Interference with a Pre-Existing Use. Licensee's use of the Tower Site and its operation of all of its Approved Equipment thereon (including any subsequent modification or alteration thereto) shall be conducted in a manner that does not interfere electrically, or in any other manner whatsoever with any then pre-exisling use of the Tower Site by Licensor or other users of the Tower Site ("Pre-Existing Use"). In Ihe event that any Pre-Existing Use experiences interference caused by Licensee or Licensee's Approved Equipment (including any subsequent modification or alteration thereto), Licensee shall be notified in writing of such interference and Licensee shall power down its equipment and/or cease operations in order to correct and eliminate such interference within seventy-two (72) hours after Licensee's receipt of such notice. If Licensee does not cease all interfering operation within such seventy- two (72) hour period, Licensor shall have the right to disconnect Licensee's Equipment until such time as Licensee can affect repairs to the interfering Approved Equipment. If Licensee is unable to eliminate the interference, or reduce it to a level acceptable to Ihe affected user of the Pre-Existing Use, within a pedod of thirty (30) days following such initial notice (provided that during such 30 day pedod, Licensee may operate its equipment intermittently during off-peak hours for testing purposes only), then Licensor may, in addition to any other dghts it may have for Licensee's breach hereof, terminate this Agreement. In the event that Licensee is notified of any interference experienced by a Pre-Existing Use on the Tower Site alleged to be caused by Licensee's operations thereon, Licensee shall be obligated to perform whatever actions are necessary, at Licensee's sole cost and expense, to eliminate such interference and shall not be released from its obligation to continue to pay the Monthly Licensee Fee during any period that Licensee can not operate from the Tower Site pursuant to this Section 10. (b) Interference by a Subsequent Use. Licensor agrees that Licensor and Licensor's customers' use of the Tower Site whose equipment is installed or modified subsequent to the Licensee's then-current operation of Licensee's Approved Equipmenl Ihereon ("Subsequent Use') shall not, interfere with Licensee's then-current permitted operations. In the event that Licensee experiences interference caused by any Subsequent Use, licensee shall nolify Licensor in writing of such interference and Licensor shall, or shall cause the operator of the interfering Subsequent Use, to power down its equipment and/or cease operations in order to correct and eliminate such interference within seventy-two (72) hours after Licensor's receipt of such notice. If such Subsequent Use is unable to operate without causing such interference, or if such interference is not reduced to a level acceptable to Licensee, within a period of thirty (30) days (provided that during such 30 day period the Subsequent Use may be operated intermittently during off-peak hours for testing purposes only), Ihen Licensee may, in addition to any other rights it may have for Licensor's br~:,-~"~ hereof. the event that Licensor is notified of any interference experienced by Licens~E~ allc'~J-~M~fl~ ./T£M ~ terminatebe causedthisby aAgreement'subsequentln Use on the Tower Site, Licensor shall be obligated to perform (or cause to bi pell~i.~ gl 5 / APR 0 8 2003 ATC SITE NAME / NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire whatever actions are commercially reasonable and necessary, at no cosl or expense !0 Licensee, to eliminale such interference. (c) Interference wi~h Lighting and Building Systems and Building Tenants. In no event shall Licensee's use of the Tower Site or operation of any of its equipment thereon be conducted in a manner that inlerferes with Licensor's lighting system located on any of lhe towers, building systems, or, in Ihe event that Licensee's equipment is installed on the rooftop of a building, with equipment of any kind used by building tenants who are nol tenants of the Licensor. (d) No Illegal, Unpermitted Use or Unlicensed Frequency Protection. Notwithstanding anything to the contrary herein, Licensee shall not illegally transmit on any frequency, Iransmit on a channel or frequency not specified in Exhibit _A attached hereto, operate at variance from the specifications in ils FCC license or the FCC's rules governing Licensee's operation of its Approved Equipmenl, and Licensor shall not provide any protection to Licensee from interference from parties who are not Licensor's tenants at lhe Tower Site. Nothing in this Section 10 shall be deemed or interpreted lo provide any protection to Licensee from any form of interference from any person in Ihe event lhat Licensee is operating on any unlicensed frequency spectrum or pursuant to FCC Part 15. 11. 12. SITE RULES AND REGULATIONS. Licensee agrees to comply with the reasonable rules and regulations established from time to time at the Tower Site by Licensor in ils discretion, which may be modified by Licensor from time lo time upon receipt by Licensee of such revised rules and regulalions or in accordance with Licensor's obligations under the Ground Lease. Such rules and regulations will not unreasonably interfere wilh Licensee's normal business operations. CASUALTY; CONDEMNATION. For purposes of this Agreement it shall be deemed a Casualty Event, if the Licensed Premises or the Tower Sile is destroyed or condemned, in whole or part, whether by eminent domain or otherwise. In the event that the Licensed Premises or the Tower Site is wholly destroyed or condemned, whether by eminent domain or otherwise, this Agreement shall terminate without further liabilily lo either Party except for payment of the Monthly License Fees due up to the time of non-use by Licensee in case of such destruction or condemnation. If the Licensed Premises are partially destroyed or condemned and are usable by Licensee for its purposes, then Licensor shall, within one hundred and lwenty (120) days (which shall be extended for any delays directly caused by governmental aclion or inaction), repair the Licensed Premises or Ihe Tower Site with a reasonable reduction of the Monlhly License Fee to Licensee during lhe period of repair. In the event Ihat the site repair or reconslruction has nol commenced within one hundred eighty (180) days following such Casualty Event, Licensee may terminate this Agreement upon writlen notice to Licensor prior to the commencement of any such repair or reconslruction of the Tower Site. If, however, any such partial destruction or condemnation occurs within six (6) months prior to termination of this Agreement, either Party may terminate this Agreement wilhout further liability except for payment of the Monlhly License Fees up to the time of such destruction or condemnalion. Any Monthly License Fees prepaid by Licensee shall be returned to it as part of the operation of this section. 13. COMPLIANCE WITH LAWS. Licensor is responsible for ensuring that the tower structure at the Tower Site ~s operated in compliance with all governmental lighting and marking requirements. Licensor shall indemnify and defend Licensee from and against any loss, cost, or expense suslained or incurred by Licensee as a result of Licensor's failure to comply with duly issued governmental regulalions relating to tower lighting and marking. Notwithstanding anything to the conlrary in the Agreement, Licensee shall at all times comply with all applicable laws and ordinances and all rules and regulalions of municipal, state and federal governmental aulhorilies relating to the installation, maintenance, location, use, operation, and removal of the Approved Equipment and other allerations or improvements authorized pursuant to the provisions of this Agreement. 14. INDEMNIFICATION; INSURANCE. Each Party shall, Io lhe fullest extenl permitled by law, indemnify, defend and hold harmless the other Party, its respective Affiliates, and their respective directors, employees, officers, shareholders, successors and assigns against all claims, losses, costs, expenses, damages, and liabilities (except as otherwise provided in Section 15 of this Agreement) adsing from: (i) lhe negligence, willful misconduct or strict liability of such Party, or its agents, employees, representatives, contractors; or (ii) any matedal breach by such Party of any provision of this Agreement. In addition to lhe foregoing, Licensee shall indemnify Licensor for all costs and expenses associated with actions taken by Licensor to resolve any interference caused by Licensee or Licensee's Approved Equipment pursuant lo Section 10(a), (c), and (d). Neither Party shall be responsible or liable to the other for any damage arising from any claim Io lhe extent attribulable Io any acts or omissions of other licensees at the Tower Site. Wilhout limiting the foregoing in any way, bolh Parties, each at their sole cost and expense, agree to maintain comprehensive general liability and casualty insurance (including withoul limitation, an umbrella policy of no less than five million dollars ($5,000,000.00)) in amounts reasonably salisfactory to the olher Party with respect 1o its property and obligations hereunder. Notwithstanding anything to lhe contrary, Licensor may provide all or some of the insurance coverage limits required under this Section 14 through an umbrella policy. Such insurance policies shall contain a provision thai such policy shall not be canceled or amended wilhout thirty (30) days notice to the other Party. Upon the execution of this Agreement, Licensee shall deliver to Licensor a certificate evidencing such insurance coverage, on which Licensor shall be named as an additional insured wilh respect to the Tower Site. Further, Licensee shall deliver to Licensor a certificate evidencing such insurance coverage within thirty (30) days of each renewal of such policy. Licensor reserves Ihe right, from time to time, to increase lhe required liability limits described above in accordance with then-current customary insurance requirements in the tower industry nationally. I AGE~IC)A ITEI"t"-~; ~o. -- ATC SITE NAME I NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire 15. WAIVER OF CERTAIN DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY HEREBY WAIVES THE RIGHT TO RECOVER INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES AND THE MULTIPLIED PORTION OF ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORSEEABLE. 16. NOTICES. Any required or permitted notice or demand shall be made by certified mail. postage prepaid or via nationally recognized overnight couder service addressed to lhe olher Party at the address set forth on page 1. Either Party may modify, add, or delete notice addresses from time Io time by notice given in accordance with this section. Any notice or demand shall be deemed to have been given or made al the time it is deposiled in a United States Post Office or with a pdvate overnight courier service. 17. 18. ASSIGNMENT; SUBLEASING. Licensee may assign this Agreement as a whole with Licensor's prior written consent; provided, however, that Licensor's consent will not be required for an assignment to any person or entity which is controlled by, controlling or under common conlrol with Licensee ('Affiliates'). For these purposes, 'control" means ownership, directly or indirectly, of 50% or more of the voting stock, equity or beneficial interest or a general partner of any partnership. In no event may Licensee sublet, sublease, or permit any other similar use of lhe Tower Site or Licensed Premises by any other party. In no event may Licensee diplex or combine signals or grant any shared use rights for itself or others. In the event of a permitted assignment hereunder, Licensee shall be relieved of any of its obligalions under lhis Agreement arising on or after the effective date of such permitted assignment. Any permitted assignee shall expressly assume, and become bound by, all of Licensee's obligations under this Agreement. Licensor may freely assign, transfer, or sublease this Agreemenl and, in such event, Licensor shall be relieved of all of its obligations under this Agreement from and after the date of such assignment, transfer, or sublease. This Agreement shall be binding upon the successors and permitted assigns of both parties. Licensee shall pay Licensor a fee of $250.00 (which fee shall increase annually by a percentage rate increase equal to the Annual Escalator) in each instance in which Licensee requests an assignment of this Agreement or in which Licensee seeks an estoppel certificate, nondisturbance agreement, subordination agreement or other similar agreement. Notwithstanding anything to the conlrary, Licensor may condition its consent to any assignment, on among other things, requiring that Ihe assignee execute a new form of license agreement so long as the Monthly License Fee and Initial and Renewal Terms of such agreement are consistent wilh those set forth in this Agreement. QUIET ENJOYMENT. Licensor covenants and agrees that, upon Licensee's paying the Monthly License Fee and observing and performing all of the terms, covenants and conditions to be observed and performed by Licensee under this Agreement, Licensee shall be entitled to quiet enjoyment of the Licensed Premises during the term of this Agreement. 19. SUBORDINATION TO GROUND LEASE. The Parties acknowledge and agree that in the event Licensor's rights in the Licensed Premises and/or any part of the Tower Site is derived in whole or part pursuant to an underlying lease, sublease, permit, easement or other right of use agreement ("Ground Lease"), all lerms, condilions and covenants contained in this Agreement shall be specifically subject to and subordinate to Ihe terms and conditions of an applicable Ground Lease. In the event that any of the provisions of the Ground Lease are in conflict wilh any of the provisions of this Agreement (other than those provisions relating to the length of lerm, termination rights or financial consideralion), the terms of the Ground Lease shall control. Further, Licensee agrees to be bound by such Ground Lease as applicable to the access and occupancy of lhe Licensed Premises. In the event that the Ground Lease expires or terminates prior to the expiration of the Initial Term or applicable Renewal Terms, this Agreement shall automatically terminate upon termination of Licensor's dght to possession of the Tower Site and shall remove its equipment and any improvements from the Tower Site in accordance with this Agreement and any applicable provisions under the Ground Lease. Licensor agrees not to take any action with respect to the Ground Lease as then in effect which will cause the Ground Lease to be prematurely terminated during the term of this Agreement. Licensor hereby warrants and agrees that il shall exercise any existing renewal option available to it pursuanl to the Ground Lease through lhe end of lhe term of this Agreement. Upon Licensee's wrilten request, Licensor shall provide a copy of any applicable Ground Lease with the economic terms and other terms that Licensor deems reasonably confidential redacted, unless prohibited by lhe terms of such Ground Lease. Notwithstanding the foregoing, Licensor shall not be required Io pay any form of consideration to obtain the approval or consent of any lessor under a Ground Lease. 20. DEFAULT. Either Party shall have ten (10) days after receipt (or refusal !o accept delivery, which refusal shall be deemed receipt for the purposes hereof) of written notice from the other Party to cure any monetary default (provided, however, that if Licensee fails to make any payment of the Monlhly License Fee when due and cures such default two (2) times within any twelve (12) month period, then any further failure within the same twelve (12) month period shall be an automatic default with no cure period) and, except as olherwise provided in lhis Agreement with respect to RF interference, labeling and Construction Drawings, thirty (30) days after receipt of written notice from the other Party to cure any non-monetary default. Except with respect to RF interference, so long as the Party charged with lhe default diligently pursues a cure dudng the prescribed time period, that Party shall be given additional tim, reasonably necessary to cure the default. If subsequent to the foregoing requisite periods of time, there continues to I~ ~ an ~e~Def default, the non-defaulting Party may terminate Ibis Agreement upon written notice Io the defaulting P~ rty and~ institute any other available proceedings at law or in equity to recover damages from the defaulting Party. APR 0 8 ATC SITE NAME / NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire 21. 22. :)3. 24. 25. COLLECTIONS. Subject to the provisions of Section 20 above, Licensor may take any collections actions it deems necessary without further notice to Licensee, including, wilhout limitation, the disconnection or removal and storage of any and all of Licensee's equipment, including the Approved Equipment or all other Licensee property located on the Tower Site. Licensee shall pay all reasonable attorney's fees, court costs, removal and slorage fees (including any property damage caused thereby), and other items of cost or expense reasonably incurred by Licensor in recovering the Monthly License Fee or other fee or charge. No endorsement or statement on any check or letler accompanying a check for payment of any monies due and payable under the terms of lhis Agreement shall be deemed an accord and satisfaction, and Licensor may accept such check or payment wilhout prejudice to its right to recover lhe balance of such monies or to pursue any other remedy provided by law or in lhis Agreement. Licensor shall accept any such partial payment for the account of Licensee. Past due amounts under this Agreement will bear interest from the date upon which the past due amount was due until the date paid at a rate equal to: ti) eighteen percent (18%) per annum; or (ii) at a lower rate if required by law in the state in which this Agreement is Io be performed. In addition, Licensee shall be assessed a late payment fee equal to twenty-five percent (25%) of the then-current Monthly License Fee for any payment or reimbursement due lo Licensor under this Agreement which is overdue by ten (10) days or more and such fee shall be assessed for each thirty (30) day period thereafter thai any such amount (or porlion thereof) remains unpaid. GOVERNMENTAL APPROVALS; PERMITS. In the event Ihat any governmental permit, approval or authorization required for Licensor's use of, operation of, or right to license space to Licensee at Ihe Tower Site is challenged, terminated or withdrawn by any governmental authority or lhird party as part of any governmental, regulatory, or legal proceeding, Licensor may terminate this Agreemenl. In Ihe event that Licensor does not terminate this Agreement, Licensee may elect to install or continue to operate its equipment at its sole cost and risk. Licensee understands and agrees that, in the event of a governmental or legal order requiring the removal of Licensee's equipment from the tower or removal of the tower structure or any structural modification required to accommodate Licensee's Approved Equipment, Licensee shall do so promptly at its sole cost and expense. Licensor shall cooperate with Licensee in Licensee's efforts to obtain any permits or other approvals that may be necessary for Licensee's inslallation and operation of the Approved Equipment; provided, however such cooperation shall be subject to the foregoing: (a) Licensor shall not be required to expend any funds or undertake any liability or obligation in connection with such cooperation; (b) Licensor reserves the dght lo obtain such required approvals or permits on Licensee's behalf, at Licensee's sole cost and expense; and (c) in no event may Licensee encourage, suggest, participate in or permit the imposition of any restrictions or additional obligalions whatsoever on the Tower Site or Licensor's current or future use or ability lo license space at the Tower Site as part of or in exchange for obtaining any such approval or permit. In the event that Licensee's shelter or cabinets are installed above a third-party or Licensor-owned shelter or building, Licensee shall be solely responsible for oblaining any required consents or permits in connection with such shelter or cabinet installation. Licensee hereby consents 1o the stacking of a third-party or Licensor owned platform, shelter or cabinets above.or below Licensee's shelter or cabinets provided Licensor or such third party shall be solely responsible for all costs and expenses associated with obtaining any required consents or permits in connection with such shelter or cabinet installation above Licensee's equipment. In addition to the foregoing, in the event Ihat Licensee has not been requested to install a stackable shelter and does not utilize a stackable shelter, Licensee agrees that Licensor shall have the right to require Licensee to replace its shelter wilh a stackable shelter upon no less than thirty (30) days prior written notice at the sole cost and expense of a subsequent licensee who installs a stacked shelter above Licensee's equipment shelter. REPLACEMENT OF TOWER. Licensor reserves Ihe right, in its sole discretion, to replace or rebuild the tower structure or the top of the lower. In such event, Licensor shall provide Licensee with space at the Tower Site suitable to allow Licensee to continue to operate the Approved Equipment in a subslanlially similar manner during the construction period. Licensor shall be solely responsible for the costs associated with removing and re-installing the Approved Equipment. Licensor also expressly reserves lhe right to erect one or more towers on the Tower Site, subject Io Licensor's obligations to Licensee under lhis Agreement. Licensee shall also have the dght to establish a temporary facilily on the Tower Site to provide such services as Licensee deems necessary during any such construction by Licensor so long as adequate space is then available. The location of such temporary facilities shall be subject to Licensor's approval. GOVERNING LAW. ThiS Agreement shall be governed by the laws of the state of Florida, with the exception of its choice of laws provisions. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remaining provisions of this Agreement shall remain in full force and effect. Any approval, consent, decision, or election to be made or given by a Party may be made or given in such Party's sole judgment and discretion, unless a different standard (such as reasonableness or good faith) is provided for explicitly. EXCUSABLE DELAYS. If either Party is unable due Io causes beyond its reasonable control to carry out its obligations under this Agreement in whole or in part and if such Party gives wrilten notice and full details of an excusable delay (including, without limitation, a force majeure event) to the other as soon as practicable after the occurrence of the event, then the obligations of the affected Party will be suspended to the extent reasonably required as a result of such event. Excusable Delay means an event that is not within the reasonable control of the affected Party, inclu~ Lnq wifl~qu~[ limitation, war, riots, civil insurrection or acts of a common enemy, fire, flood, strikes or other labor difficulty acls~tlkfll~. or military authority, including governmental laws, orders, actions, inactions or regulations, embargo. No. /~-- ~- ATC SITE NAME I NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire 26. MISCELLANEOUS. Time is of the essence in this Agreement. The offer of license expressed in this Agreement shall automatically expire and become void if not accepted by Licensee and such acceptance received by Licensor within thirty (30) days from the Effective Date. The only means by which Licensee may accept this offer of license is by timely returning two unaltered copies of this Agreement, executed on behalf of Licensee, to Licensor. Upon Licensor's written request, Licensee shall promptly furnish Licensor with complele and accurate information in response to any reasonable request by Licensor for information about any of the Approved Equipmenl or utilities utilized by Licensee at any Tower Site or any of the channels and frequencies utilized by Licensee thereon. In the event that this Agreement is executed by Licensor, its Affiliates or any trade name utilized by the Licensor or its Affiliates and such signatory does not hold the real property or leasehold interest in the affected Tower Site, the execution of this Agreement shall be deemed to have been properly executed by the Licensor or Licensor's Affiliate which propedy holds such inlerest in the affected Tower Site. Either Licensor or Licensee may be referred to herein as a 'Party' and both Licensor and Licensee togelher may be referred to herein as the 'Parties'. At lhe sole election of Licensor, in the event that Licensee and Licensor enter into a master tower space license agreement ('New Agreement') which is applicable to this Tower Site during the Initial Term or any Renewal Term of the Agreement, Licensor may give notice to Licensee that this Agreement is terminated ("Termination Date') and Licensee and Licensor shall execute a New Agreement for the Licensed Premises and Licensee's Approved Equipment listed on Exhibit A hereto within thirty (30) days following such notice. Such New Agreement shall specify that the commencement date is the Termination Date. If Ihe New Agreement has pre- determined monthly license fee rates and/or annual escalalor rates that conflict with the Monthly License Fee and/or the Annual Escalator listed on page 1 of this Agreement, then the license fee rate and/or Ihe annual escalator rate in the Agreement shall govern. Upon the termination or expiration of this Agreement, Licensee shall immediately upon the request of Licensor deliver a release of any instruments of record evidencing such Agreement. Notwithstanding the expiration or earlier termination of the Agreement, Sections 14, 15, 20, 21 and 26 shall survive the expiration or earlier termination of the Agreement. No waiver of any of the provisions of Ihis Agreement shall constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly agreed to in writing by the affected Pady.. This Agreement constitutes the entire agreement of the Parties hereto concerning the subject matter hereof and shall supersede all prior offers, negotiations and agreements, whether written or oral. No revision of the Agreement shall be valid unless made in writing and signed by authorized representatives of both Parties. The offer of license expressed in this proposed Agreement shall automatically expire and become void if not accepted and executed by Licensee and such acceptance received by Licensor within thirty (30) days of the Effective Date. ATTACHED EXHIBITS: Exhibit A: List of Approved Equipment and location of the Licensed Premises Exhibit B: Site Drawing indicating the location of ground space for Licensee's equipment shelter or space in Licensor's building (as applicable) Exhibit C: As-Bt~ilt Drawings or Construction Drawings to be attached within 45 days after Commencement Date in accordance with Section 1. Exhibit D: Form of Commencement Date Notice. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] AGENO& ].TEN ¢2 NOo~ APR O 8 2003 ATC SITE NAME / NUMBER: Corckscrew, F1_/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire Exhibit A Approved Equipment Initials: ATC SITE NAME 1 NUMBER: Corckscrew, FL/22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire Site Exhibit B Drawing indicating the location of ground space for Licensee's equipment shelter or space in Licensor's building (as applicable) Licensee shall not commence installation until Licensor has approved in writing said drawing and attached it hereto. Initials: / ATC SITE NAME / NUMBER: Corckscrew, FLr22910 CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire Exhibit C As Built Drawings or Construction Drawings To be attached hereto within 45 days of the date after commencement of installation or construction of Licensee's Approved Equipment at the Tower Site. No. ,/~/~-~"'"'- , APR 0 8 2003 ATC SITE NAME I NUMBER: Corckscrew, FLI22910 CUSTOMER SITE NAMEI NUMBER: Big Cod(screw Fire Exhibit D Form of Commencement Date Notice [Date] Via Return Receipt Requested First Class Mail American Tower Attn: Contracts Manager Re: ATC Tower Site # Dear Contracts Manager: In accordance with Section 1 between , ATC Tower Site Name: of that License Agreement ("Agreement") dated ("Licensor") and ("Licensee"), this letter serves as notice that Licensee commenced its construction and/or installation at the Tower Site described above on ,20 The Agreement states that the Commencement Date for the purposes of the Monthly License Fee is the earlier of the commencement of installation or construction or , 2 (but in no event later than 45 days after the Effective Date of the Agreement. In accordance with the Agreement, the correct Commencement Date for this Agreement is ,2 . if you have any questions, please contact me at Sincerely, EXECUTIVE SUMMARY REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION OF MARCH 15, 2003, RESULTING IN $285,637.25 IN NET REVENUES. OBJECTIVE: TO present the results of the recent County property auction to the Board of County Commissioners for ratification, and authorize, the donation and transfer of certain County-owned assets. CONSIDERATION: On February 25, 2003 Board of County Commissioners authorized staff to conduct an auction of specified County-owned assets for the purpose of disposing of these items and generating revenues for the County. The March 15, 2003 auction generated $321,550.00 in actual gross revenues and $285,637.25 in net revenues. The auctioneer's commission is $25,724.00. This auction included vehicles and office equipment. The breakdown of gross and net revenues between the Board of County Commissioners, Sheriff's Office, and East Naples Fire is as follows: AGENCY GROSS REVENUES NET REVENUES Board of County Comm. Sheriff's Office East Naples Fire $232,870.00 $ 76,605.00 $ 12,075.00 $321,550.00 $204,051.65 $ 70,476.60 $ 11,109.00 $285,637.25 FISCAL IMPACT: Net revenues have been allocated as follows: DEPARTMENT FUND ALLOCATED REVENUES Fleet Management 522 $101,250.35 Fleet Management 52! $ 1,445.81 Wastewater 408 $ 42,760.86 Ochopee 146 $ 4,381.24 Transportation Road Maint 101 $ 25,104.48 Isle of Capri Fire 144 $ 4,556.48 Solid Waste 470 $ 9,200.59 Beach & Pass Maint 195 $ 2,102.99 MPO 126 $ 2,102.99 Parks & Recreation 111 $ 7,693.45 Property Appraiser 060 $ 350.50 General Fund 001 $ 39,014.66 ($3,101.91 )+($25,724.00+ $10,188.75*) (Auction Fee + Storage Rent & Maintenance*) APR 0 8 2003 MARCH 2003 AUCTION PAGE TWO On Mamh 7, 2003, a request was made by Commander E J Tremblay, from Marco Island Senior Squadron Civil Air Patrol United States Air Force Auxiliary, a non-profit federal government agency, to obtain, as a donation, the items listed on attachment A-1 from the surplus inventory of Collier County. Star' recommends donation of these items pursuant to section 273.01, Florida Statute. As part of the dispersment of the remaining furniture in the Property Appraiser building, several items were transferred to the City of Everglades Fire Auxiliary. See attachment B-1.. Prior to the auction, a vehicle was removed from the fleet inventory of items to be sold. A 1998 Ford Expedition 4 x 4, asset number 980018 will be transferred to the Sheriff's Agency, at their request. GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues for the County Auction held on March 15, 2003 pursuant to the itemized sales report attached herein, authorize the donation of all County-owned items as per attached list A-l, to Civil Air Patrol, and authorize the tra~ of County-owned assets as shown herein. SUBMITTED BY: ~ ,~ ~ ~ Date: ~/Z ~,/~ ..~ Sue Hebbe, Purchasing Technician REVIEWED BY: - ~; - rn' Purchasing/General Services Director APPROVED BY: "Skip Camp, Interim Adrr{inistrator Administrative Services Division Date: AGENDA APR 0 8 2003 P~. ATTACHMENT A- 1 Photocopier Six blue chairs Large TV stand Drafting tt,ble Computer Monitor Notebook Computer Two Scanners Windows 95 and Anti Vires software Four keyboards MARCO ISLAND SENIOR SQUADRON CIVIL AIR PATROL UNITED STATES AIR FORCE AUXILIARY P.O. BOX 22~ MARCO ISLAND, FL 34146-0225 t~ ~eeJ eo.~ p. ~aa FROI~ :WILKIHS FRX NO. :2:~-:389-1~9~ Pier. 11 ~ O?:1~Pt'1 P~ Issue 07/01/98 This Certifies That I, Consumer's Certificate of Exemptlon~ 07/01/2003 39-00- I'gTg06- 5 lC Non4ransferable. Tyr~ nf ~ro~niT~llnn FEDERAL GOVERNMENT ._DR.14 CIVIL AIR PATROL 2700 EAGLE STAFF C~'.~RT MAC DILL AIR FORCE BASE FL Lease of lmnslent Hental Aooam~da~ Property. LH. Fuch~ Executive Director Provide att random with a copy of your Consumer's Certificate ~{ Exemption before making tm-exempt purchases, Your Consumer's Cerlifioate of Exemption Is to be used solely for your organization's cus~oma~ nonprofit activities. · ;he vendor and the p;ymen! is made di~¢lly by ~he orgar,.izallo, n. p, Jr~.h~.~e~ m~d~q h¥ ~Jn Individual on behalf of th~ oroa~[z, ation are taxable, even ff the individual is reimbursed bv ~e organization. sleeping aoc, ommodations, real property, or docking spades are-Laxable. The organization must regi~mr for sales and use lax ~edJflcation, and collect and remR sales lax off those trarma~ons. Note: C, humhes are exompt from Uds Changes in ~he organizafion'~ pu/pose, federaJ exemption .il~l. or Klclress must be reported Immediately to [he Department of Revenue. UNDER NO CiRCUMSTARCP.~ SHOULD'THiS EXEMPTION BE U,~D'FOR TR'E PERSONAL BEREFIT'OFANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REV~C:ATION. Central Regbtration 5050 .W TENNESSEE ST T..ALLAHAaSEE FL 32399-0.1 O0 · 850-487-41~0 ATTACHMENT B- 1 COLLIER COUNTY SURPLUS PROPERTIES ATrN: SUE HEBBE FAX: 239 732~)644 12 PINK OFFICE CHAIRS ON ROLLER/ARMS 11 GRAY OFFICE CHAIRS ON ROLLERS I ARMS 43 GRAY CHAI~ W/ARMS 27 GRAY CHAIRS NO ARMS-STACKABLE 5 CADENZA W/TOP 18 LIGHT GRAY BOTTOM DESK , 5 LIGHT GRAY TOPS FOR DESK 4 GRAY OFFICE CHAIRS ON ROLLERS I NO ARMS 1 WOODEN CABINET 1 GREEN CHAIR ON ROLLERS / NO ARMS . 1 BROWN TYPING TABLE ON ROLLERS 1 SMALL TABLE ON ROLLERS 2 GRAY SEMI-CIRCLE TOP DESK 3 GRAY TOP. MEDIUM LENGTH; WIDE W/ATTACHMENT 2 GRAY TOP, SHORT: WIDE DESK 6 GRAY TOPS, LONG. NARROW DESK 9 BLUE WALL DMDERS 1 LIGHT GRAY FILE CABINET- 4 DRAWERS-LETTER S~TF 3 LIGHT GRAY FILE CABINETS - 4 DRAWERS-LEGAL SIZE 2 DARK GRAY FILE CABINETS - 4 DRAWERS-LETTER SiZE 4 BROWN CABINET LONG 2 SHELVES 1 GRAY DESK TOP, MEDIUM,, NARROW 28 GRAY DESK TOPS. WITH SMALL CUT OUT 10 SMALL FILE CABINET W/3 DRAWERS - 2 SMALL, 1 MEDIUM I GRAY SEMI-CIRCLE DIVIDER/CONNECTOR 4 BROWN DESK STATIONS 4 CABINET PARTIAL - 2 WIDE DRAWERS I BEIGE CABINET ON ROLLERS WITH ADDmONAL SECTION ON ROLLERS 77 UGHT GRAY WALL DIVIDER SECTIONALS 5 UGHT GRAY DESK TOPS W/LIGHTS 2 EGHT GRAY TOP W/OUT CUT OUT. SHORT 2 UGHT GRAY TOP W/OUT CUT OUT, LONG 1 GRAY TWO DRAWER FILE CABINET 10 VERTICAL BUND SET 1 LIGHT GRAY CURVE LONG DESK/CONNECTOR 1 GRAY TOP DE~K. SHORT CURVE/CONNECTOR 10 UNDER DESK LIGHTS - RECTANGLE 5 UNDER DESK LIGHTS - SHORT RECTANGLE 1 GRAY (LIGHT & DARK) ~ (CUT OUT IN MIDDLE) 7 GRAY & BROWN DESK TOPS 8 BROWN FINISH LIGHT & BOX HOLDERS 2 CADENZAS. BROWN TOP~ GRAY SIDE 1 DOCUMENT SCANNER - UGHT & DARK GRAY 1 GRAY 2 DRAWER CABINET ON ROLLERS APR 0 8 200 FIRST COAST AUCTION & REALTY, INC - 5562-.-2-- TIMU. QUANA. RD. JACKSONV.ILLE, FL. 32-2-38. .. ..... _:- .__ [~9~.~}'~7_72 ~0-1-.I0.· FA~-L.(:9~)'4-}--:-777~.838 · . AB" tS:O' AU ' 28'$'--,~ALE~ ' TAX '. #:' 2'6'- 0'8': 0'9'4 31-1-- 4 .t:-_ ........... '--'--=~-'--~'-'-.~?.p =~ - ....... 2~ ................................. Item Description Price ........ ~ -- ~.~_ ~ -- -- ~.~--- ~_~ ~ ~- ...... --__-_ _ ~ ..... 5 6 7 9 10 11 12 13 14 1 94 JEEP CHEROKEE 4X4 1J4FJ28S7RL244209 RED 70759 940061 2 95 CHEV LUMINA 2G1WL52M2S9215072 WHITE 93088 i _gi6_0_0.1~/~aT ........ ' .... ' . ..... ~ .._~ ........ 3 96 CHEV CORSICA 1G1LD55MXTY189412 WHITE 98592 96.0104 - --4 .... ~-.FOR-D RANGER 4X4 1FTZR15U6WTA15141 WHITE 97416 980027 95 CHEV SUBURBAN 4X4 3GNGK26K1SGl13765 WHITE 190931 960055 98 FORD RANGER 4X4 1FTZR15U6WTA15138 WHITE 94565 980004 96 FORD RANGER 1FTCR14U7TPA56468 WHITE 91934 960016 94 FORD AEROSTAR 1FMCAllUORZA87906 WHITE 123588 940050 96 JEEP CHEROKEE 4X4 1J4FJ28SSTL201284 WHITE 99015 960047 96 FORD R-ANGER 1FTCR14U5TPA63063 WHITE 78695 960041 96 FORD F250 1FTHF26HOTLB34066 WHITE 80185 960043 97 FORD AEROSTAR 1FMDA31USVZA93453 WHITE 90490 970023 98 FORD RANGER 4X2 1FTYR14U8WPA46865 WHITE 81186 980015 98 FORD F250 1FTPT2767WNA80279 WHITE 158504 980006 Qty 1 Total 4,400.00 - 2,100 O0 -* 1,600 00 -- 1 .5,000 ~0 .... 1 4,500 00 -~ 1 5,500 00 ~ 1 2,500 O0 900 O0 ' 1 4,100 00 ~ 1 2,800.00 1 7,700.00 - 1 3,000.00 1 4,300.00 1 5,000.00 I APR 0 8 / Settlement Seller: 1 FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX # 26-08-094311-40 .................... ~QLb_I E R _ iCQLIN T_Y_ _S_U/~P~L_LIS_ _ _3'~ 116 -_lO2 STEVE .CARNELL 941 - 774 - 8425 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL Page: 2 --Price 'Qty ' .. T.o.[al '15 99 FORD Fl50 SUPER ........... ~FTZXlV23XN~63607 WHITE-'137956 990001 - 16 '--"9~ :FOR~D ~ER ~X2 - 1FTYR14UXWPA46866 WHITE 96104 980016 17 98 FORD RANGER 4X4 tFTZR15USWTA15139 WHITE 96041 980011 18 96 FORD F350 CREW !FTJW35HXTEA82216 WHITE 88546 960050 --_-_ ~19--. 97 CHE~.S~10.EXT ....... -._ 1GCCSL9XgV8150873 WHITE 83687 970030 20 .. 96..FORD..E250.CARGO .. 1FTFE24Y7THA56269 WHITE 64242 960026 21 95 CHEV 1500 1GCEC14ZgSZ213992 WHITE 67292 950036 22. - 95--CHEV.1500 1GCEC14Z2SZ183587 WHITE 77385 23 95 CHEV C2500 1GCFC24H8SZ156198 WHITE 109257 950020 24 99 FORD RANGER 4X4 1FTZR15V6XPA65024 WHITE 104791 990045 1FTEF15Y5TLS10554 WHITE 105137 960036 27 98 FORD RANGER 4X4 1FTZR15U4WTA15140 WHITE 82418 980024 28-- 97-FORD-FlS0-- 1-FTDFr8~-VNC03T~6--WHTTE--8~JI~ 970018 29 89 CHEV BLAZER 1GNEV18KgKF133463 WHITE EXMEPT 890004 1 6,500.00 1 4,500.00 ' 1 6,000.00 1 3-~900. OCt ~ 1 5,250..00. 1 2,750.00 1 3,600...00..-< 3,700.00 1 5,250.00 1 5,700.00 ~ 1 5,750700-~ 1 2,500.00 FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 3-16-02 Settlement STEVE ~T,T2 941-'774-8425 Page: SeIler: 1 COLLIER-COUNTY-BOCC-- 3301 E TAMIAMI TRL NAPLES FL 34112 Item Description Price Qty Total TDE04E9BBA14764 WHITE EXEMPT 81305 32 94 JEEP CHEROKEE --r- - ~'-~--'3-3- '95 ~CHE~G20 ~ARG~ 1GCEG25ZXSF237213 WHITE 81666 960003 34 97 FORD F350 UTIL W/CARNE .... 1FDJX3~G0~ViEAS_!~7~.WHI~E~9_I~6~8: 970020'-' 1 2,750.00 1 9,500.00 ~ 35'.. '9B.:'G~C't;3boO .b'riL .w~-~E--.. 'I-.' ~7'//500.:00..~" - ............... t GTHO3 9~-8 WF O~ 3-7-3--WH t TE-.-78384 ............................... 9~~ ...................................... ........ ? ~-" ~ '- ~'~~5~.~~~B~-t.'~~-: ~'~ ~':' ~:~~-~-~?:~-~~~ 1GBJC3.4K3SE240033 ~ITE 63337 ' ~ 9~'000'9- .... = ............... ~ ---' : ......... - .... 37 97 FORD F350 UTIL W/C~E 1 7,700.00 ~ 1 FDJX35 G2 VEA8-1872- ~ I-TE - 9-7 t51 .- 970021 ~ = - ...... ' ............ 3'a-L..'.t3~~V~i~Ek STEf .v~..-_ _- ..... 1GDJP32MOG3.502447 W~{ITE. EXEMPT 87814 --- 39'-- 93--CHEV G3'0 'HIGHTOP- ..... 2GGH~3%_K_~t4rw3_W~~EM~T "- 930045 ...... 40 88 INTL ROLLOFF 1HTZVGHTXJH602636 WHITE EXEMPT 88042 4lA 96 SUPREME BUS 1FDLE40FXTHB62052 WHITE/BLUE 990089 41 96 SUPREME BUS 1FDLE40F1THB62053 WHITE/BLUE 000001 - NOT ACTUAL 990090 42 91 FORD F700 DUMP 1FDNF70J8MVA30521 WHITE EXEMPT 910058 - 1 - 47700.00"-~ -" 1 10,500.00 /' 1 1,600.00 1 800 . O0 1 4,000.00 AGENDA ITEt~ .o../~,- ~ PR 0 8 2003 ........... ~ .... - ........ .--~- -- - = - -P~-R S.-T=COAS T ---At~T--I~ ~)N=-- &=R-EAL-- -TgZ~-~-~IN.G 5-5~2 2 TIM~~----~A~F~SONV-I-I=t=E, PL 32-2~-8- -. - (.904)- 772-01t0 --F-AX (904) 777-83-87- AB lSO Al/ 286 SAT,F..q TA~ ~ 26-08-Q94=311~Q ..... := ..... :- ...... ~ .... C~LL I E~-C~3NT-Y- - S UR PLUS 3-16-~1~ Settlement - 941-774-8425- Seller: 1 .... ~T~V~Z.CARNELL .... COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 .... Page: Item Description Price Qty Total 43 84 CHEVAMBULANCE 1GCHD34J6EF302912 RED EXEMPT 010091 43A TECH BEACH CLEANER 80100001010046 BLUE 9600~4 44- ECONOLINE FLAT-BED.TRA~LER. 9312C 900118 45 Jacobsen'mower 46 INGER RAND SD100D ROLLER 30246SED"940089 .... 47 JACOBSEN TURFCAT .... 9'5007-6- - 48 JACOBSEN TURFCAT 661326908 950092 49 JACOBSEN TURFCAT 66132~92 950094 50 TORO PROLINE 590967 950091 ........... ~L .... TOR.~.PROLLN~ ......... 590239 950100 52 JACOBSEN TURFCAT 6613601881 960086 53 JD MOWER 950083 54 99 EZ GO GOLF CART A62167. 990107 55 99 EZ GO GOLF CART A62166 990108 56 EZ GO GOLF CART 1874 901161 5-7. ARDPP~ 9555 58 STONE CONCRETE MIXER 4~71~-3-i--Bq3~1-8~ ......................... 59 TORO PROLINE 21228 921006 60 MCLANE PUSH MOWER 930072 61 REEL GANG MOWER 940229/956334/95071 62 PALLET OF MISC 1 2,700.00 1 2,400.00 1- 900-,00 1 1,700.00 1 24,000.00 1 1,.900.00 1 1,600.00 1 2,000.00 1 850.00 t ..... gGO-.~P- 1 1,200.00 1 1,300.00 1 1,000.00 1 500.00 1 250.00 1' t0-.00 1 700.00 1 70.00 1 50.00 1 125100 Settlement -FIRST COKST-AUCTION--~iREAJJTY~ INC '' 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 3-16-02 STEVE CARNELL 941-774-8425 Paqe: Se]her:. 1 -COTJ,TF.P~ CQUAT~Y ROCC .... .... '~' "' -- .... N~nPLES FL 3~t-t2- .... ' ................ ---= .... =' - Item Description Price Qty Total -- -- .--- ........ --_.-- .......................... T_T.--__--.--_...-- ........................ --__--_-- --_--.__--.-- .... 653301 84735 _. ::_.._iL ..... --'~-----64 ..... ---T~ASHS:pUMp-- ' ..... :: .... - ................ --------'---i'i'- 6-50~.--U0~--· :'- 8-120-96.-87184-9- ..... 65 --AJfL'ES .500474 _ '67 GRAVELY'RIDING ~OWER .... ,-. .... ~0]_64L99012g .... 68 AUTO LIFT ....... P000003245 910339 ____70 5 71 5 B~LOT BOXES · -72- -:5. B~LO~-BOXES. 73 5 B~LOT BOXES 75'" 76-. 77 78 79 1 ....... ':; ~otd~--w-i~th-i-tem: =7=t- -' Sold with item 71 ..... 5-]rALI~O~O~S ..................... 5' BALLOT'BOXES .... --S~Id"wi.~h' item-.?l .... 5.BALLOT. BOXES. "Sold.wi'th.item. 71.' 5 BALLOT BOXES Sold with item 71 5 BALLOT BOXES Sold with item 71 5-BALLOT BOXES Sold with item 71 81" PAIR OF"BRO~N C~LAI~S .... 1 20.t00-' '~ 83 TAN EXEC CHAIR ............. 84----TAN'-EXEC'-CH/%I-~ ......... .............. '85 = . ---~- ~XEC'~-:C~R .......... 8~---'-P~RmOF-UP~OL~ TER~D -C~L~T R~ .... 87 4 GRAY CHAIRS ............ ~._ ~ GRAY CHAIRS ~89 "5 BROWN-CHAIRS · 90-- 2-STOOLS- 91 BLUE & BROWN CHAIR 92_ 5.~ISC_C~.. 93 5 PINK CHAIRS 1 2.50 '-' "2 .%-0'~-- -- 1-0.~ .... 1 10.00 - 1 5.00 ~ '1 "10.00 -" 1 .... 5..-00- ~ 1. ~ 5.0.0- 1 - 5 ..00 --' 1 15.00 - 96'-'.- 97 99 t~- P-I4~K- C-HA t--RS ..... 4 '~LUE:Ct{A. -IRS v.- 2 GRAY CHAIRS BLUE EXEC CHAIR AGENDA , PR O 8 2003 ....... FIRST COAST AUCTION & REALTY, INC '-- 5562-2 TIMUQUi~NA RD JACKSONVILLE, .FL 32238 (904) 772-0!10. 'F-~-?'(-904) :777~3~- - ..... - ...... C~b~I-ER... CO~S~~~:6~ ~: ......... : ......... ' ........ 100 BL~ EXEC __1_0_8. .CO~S_.OF... T.~LE ...................... ~ 1'2 F~'/'~R~"' I ' 3 0" 0 0'~' _.:... -- .-~-~_~:; "-. -::- ~-' --1-30 ~- ~0 :M~--~S ...... :-:-. ..... --'-'~l::':::- - 10-+Og ~ - ' .......... ____ :~.~ ~ ~;B~~~ .......... :..' ........... : ." .3_0~m.'~ '--- ........ :'~:35" ~ m~mm '- ' ' ' - ..... -" '_ ' .... -,~T ~+.~---S:8~S .... : ............. -:' ~ . ..:--'~5-~:~ '-~ 142 COPY ~I~ 1 20.00 143 FI~ D~LI~TOR 1 5.00 14'4- MINOLTA M': C~OFI~- 145 PRI~ONIX PRI~ER 1 5 . 00 146' MICRO I~GE TE~IN~ - 1 -B-.00'- AO£ N~OA No..//'~- 6Z - APR 0-'8-2003--J _--. -.-.~ .:----:..-~--~ --_~-.--~:-..~I~~-E~-_-.~--~--~-:-- ,---~ ---.- :.--..='. - '-.--S_crl--d--~~_e~.7_~_ _4-~,-~<_-~-.----:,_; ~" :-k.~ _'-_ ¥-_'-,J;-~-~-~- gJ~A~-H~.~eS'--~--.-~: .-~-~ ' '- _--7~- - ..... :'-~:~---i:-- ......... 7. ..... 7i:~'~' -'s/~p:~zZ~ ~?i~-~N~ .............. · ....~a..~~ ..... ' ....----'-'~i-~---'-I~..4--.":7-DES-K--' ............. --"~ .... -~- -: ---.-- -- ........ -1-~- -'- .... .-B~-O~----~+~ ......... 1'58 BOX- ----~EYB0~RDS .... --- Sold' wittT"'item'.-TS6-- - --'- '=- " ....... t-S9 -.DESK=. - .... ' ..... 1 --5zO~'. 160" DESK" 1- 5' 0O'~ ': u --- ::-'-:- --'~:. ~'S5 -- -_3=~-~§~%K~_~-~: '-':~= .............. ...---'-"-::":.'---~ ~:';' 2-o. o'~:~'' "' -:5-::-: ~-165-.' .... 2~-P~:~:-~C~-t-~TS- ~'~'.'~- : 7'-;': ...... Sold. 7W~t:h-----it-e~C-l~-~- .......... ~-7';-'- - ~' i~8: -~A~K'--~-Tg-C~'-' .... ' .......... ~ ""='" - .......... '--= %- '~0':-0%=~- ..... 169 170 171 172· PALLET - MISC 173 PALLET - STAR SP300 ...... 174 PATIO 'TABLE '~-"CHAIRS :~_:...~-?s~_ ~-~ C~B-:iN~'~..-~-~ :- :-:~c' '-- ..... _, 176 3 DESKS 200 9 BOXES - PHONES 999 10 MISC CHAIRS WOOD CAB I .NE_~ T REMAINING DES~--& 'C~'I-Rs 1 50. O0 ~ ............................ 1 __ . _ 15. ,_0..0 Sold with item 170 1" 5.00>~ 1 5.00 -' ............... 1 ' 5;90~-' ...... ' .... '7-_1 '_'-7.-..~.. ~i._-~_:_ .-- ' ~ :-'0' 0--'->-'-- ~- Sold with item 175 'Peo~,V..-,w ~,~ i C ~OQ.. oo --~ MISC OFFICE FURNITURE THANK YOU FOR USING FIRST COAST AUCTION & REALTY, INC. WE APPRECIATE YOUR BUSINESS. IF WE CAN BE ANY FURTHER ASSISTANCE TO YOU OR IF YOU'RE IN NEED OF OUR SERVICES AGAIN, PLEASE DON'T HESITATE TO CALL. APR 0 8.2003 EXECUTIVE SUMMARY TO AppRovE A BUDGET AMENDMENT IN THE AMOUNT OF $253,926 TO TRANSFER FUNDS FROM THE LANDSCAPING AND IRRIGATION PROJECT TO THE U.S. 41 NORTH PHASE II LANDSCAPING PROJECT OBJECTIVE: To approve a budget amendment in the amount of $253,926 to transfer funds from the Landscaping and Irrigation Project to the U.S. 41 North Phase II Landscaping Project. CONSIDERATION: The budgeted funds were for Landscaping and Irrigation for the tram road improvements, which will not be expended, but instead these funds will be transferred to the U.S. 41 North Phase II Landscaping Project. FISCAL IMPACT:. The contract award for the U.S. 41 Landscaping Project amounts to $253,926 and will be fully funded by transferring the existing budget appropriations for the tram road improvements that will not be expended in Fiscal Year 03. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve a $253,926 Budget Amendment in the amount of $253,926 to transfer funds from the Landscaping and Irrigation Project to the U.S. 41 Landscaping System Analysis Fund to the U.S. 41 North Phase II Streetscape Beautification Project. PREPARED /J/z~nes P. Ward, Division Administrator /~elican Bay Services Division Date: .. APPROVED BY: James V. Mudd, County Manager Date: l APR - 8 200 , EXECUTIVE SUMMARY RECO~IMENDATION TO ESTABLISH A COMBINED MINIMUM NET PRESENT VALUE SAVINGS TARGET OF 5% IN ANTICIPATION OF A CURRENT REFUNDING OF THE COLLIER COUNTY WATER-SEWER DISTRICT, WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1994A AND SERIES 1994B. OBJECTIVE: That the Board of County Commissioners authorize staff and the County's Financial Advisor to establish a combined minimum net present value savings target of 5% in anticipation of a current refunding (within 90 days of the call date) of the Collier County Water-Sewer District, Water and Sewer Refunding Revenue Bonds, Series 1994A (taxable) and Series 1994B (tax-exempt). CONSIDERATIONS: Following a competitive process (RFP 02-3435), the Board of County Commissioners approved the staff recommendation relative to underwriter selection on November 19, 2002 (agenda item 16F2). The Selection Committee's recommendations were developed after each voting member evaluated each of the twelve proposals received. It was determined that it would be in the best interest of the County to select groupings of firms that would make the strongest team. Raymond James was selected to serve as the Senior Managing Underwriter for utility financings. William R. Hough & Co., the County's Financial Advisor, along with the County's Finance Conmfittee, monitor the municipal bond market to identify potential financing opportunities for the County. The County received an analysis from Raymond James & Associates, Inc. regarding the potential for a current refunding of the County Water-Sewer District Revenue Refunding Bonds, Series 1994A and Series 1994B. These bonds have a call date of Julyl, 2003. The Finance Committee recommends proceeding with a current refunding of these bonds. Historically, prior to recommending any proposed refinancing/refunding of an existing County bond issue, the net present value savings generated has been a minimum of 5% of the principal amount of debt to be refunded. Based on current market conditions, the current refunding is estimated to generate combined net present value savings of 6,501%, or $3,270,000. FISCAL IMPACT: Based on recent market conditions, the refunding would generate combined net present value savings of 6.501% or $3,270,000. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: That the Board of County Commissioners: 1. Establish a combined minimum net present value savings target of 5% of the principal amount of debt to be refunded, in anticipation of a current refunding of the Collier County Water-Sewer District, Water and Sewer Refunding Revenue Bonds, Series 1994A and Series 1994B. Submitted by: /~~J DATE: Michael Smykowski, OMB Director March 31, 2003 Approved by: James V. Mudd, County Manager DATE: March 31, 20~ ~3 No. /&~ ~ APR - 8 2003 Pg.__ / EXECUTIVE SUMMARY RECOMMENDATION TO EXTEND THE VACATION ACCRUAL CAP FOR EMERGENCY MANAGEMENT DEPARTMENT DIRECTOR KENNETH PINEAU OBJECTIVE: To obtain approval of an extension of Emergency Management Department Director Kenneth Pineau's vacation accrual cap from 440 to 520 hours, retroactive to Jan. 1, 2003 and continuing through his retirement date of June 30, 2003. CONSIDERATIONS: County Human Resources policy provides that vacation may be accrued to a maximum of eight weeks (320 hours) and may be extended beyond 320 hours to 440 hours when determined to be in the best interest of the county and with prior approval of the Division Administrator and the Human Resources Director. This request is for approval beyond the 440 hours to 520 hours for Mr. Pineau due to business necessity. Mr. Pineau agreed to remain in his position through June to facilitate and assist in the transition with the incoming, newly hired Emergency Management Department Director. In the wake of the current war-time climate and need to address homeland security issues, as well as the necessary preparations for the upcoming wild fire and hurricane seasons, it is virtually impossible for Mr. Pineau to schedule a vacation between now and his retirement date. Mr. Pineau will accrue about 80 hours of vacation time between January 1, 2003 and June 30, 2003. FISCAL IMPACT: The fiscal impact associated with this approval is the appropriate compensation to Mr. Pineau for his accrued vacation hours as determined specifically at the time of his retirement. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the extension of the vacation, accrual cap a.,s outlined herein for Emergency Management Director Kenneth Pin/~a~] /J/, ,/]~ SUBMITTED By:/4[_/~~/t (~//t Date: "- (_O4bt~rah I,Y~ight Assistant] to the County Manager REVIEWED BY: ~-~~~ Date: ~7//~/O'~ Leo Ochs, Jr.// } ' Deputy County(M~ager ~"' A?R - 21)03 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolmion No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Tom Henning hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Water Symposium Public Purpose: To obtain knowledge regarding water conservation. Date of Function / Event: May 1 and 2, 2003 Amount to be paid by'the County: $195.00 A?,2 ',. 3 2003 Pg. I ! ^ A A?2 S S 2003 p~. ~ ' AOENDAj'i'F~4 A~' ~" ' 2003 pg. '~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 8, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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. Disbursements for March 1, 2003 through March 7, 2003 2. Disbursements for March 8, 2003 through March 14, 2003 B. Districts: Fiddler's Creek Community Development District- Minutes of January 22, 2003 and District Map; Minutes of October 23, 2002 and Unaudited Financial Statements dates September 30, 2002; Minutes of January 22, 2003 and Unaudited Financial Statements dated December 31, 2002. Audit FY 2002 and Management Letter. o Mediterra South Community Development District - Minutes of October 23, 2003 and Unaudited Financial Statements dated September 30, 2002. Collier Mosquito Control District - District Maps and Public Facilities Report. Naples Heritage Community Development District - Minutes of Meeting dated October 14, 2002; Unauadited Financial Statements dated September 30, 2002 and Unaudited Financial Statements dated December 31, 2002. Pelican Marsh Community Devleopment District - Audit FY02 and Management letter. Cedar Hammock Community Development District - Minutes of November 18, 2002 Meeting and unaudited Financial Statements dated October 31, 2002. H:Data/Format East Naples Fire Control and Rescue District - Audit FY02 and Management Letter. Devil's Garden Water Control District - Audit FY02 and Management Letter No. / APR 8 2003 Pg.__ /. Co Minutes: 1. Forest Lakes MSTU Advisory Committee - Agenda for March 7, 2003; Minutes of February 14, 2003, Agenda for March 28, 2003, Minutes of March 7, 2003 2. DSAC Advisory Committee - Agenda for March 5, 2003; Minutes of February 5, 2003. 3. Collier County Planning Commission Advisory Committee - Agenda for March 6, 2003; Minutes of February 6, 2003. Agenda for March 20, 2003; Minutes of March 6, 2003 4. Hispanic Affairs Advisory Board - Minutes of January 30, 2003. 5. Bayshore Beautification MSTU - Minutes of February 12, 2003; Agenda for March 12, 2003; Minutes of February 12, 2003. 6. Environmental Advisory Council - Agenda for March 5, 2003; Minutes of February 5, 2003. 7. Workforce Housing Advisory Committee - Agenda for February 26, 2003. 8. Productivity Committee - Minutes of January 15, 2003; Minutes of January 15, 2003. 9. Vanderbilt Beach MSTU Advisory Committee - Minutes of February 27, 2003. Agenda for March 6, 2003, Minutes of February 6, 2003. 10. Livingston Road Phase II Beautification MSTU - Minutes of February 5, 2003; Agenda for February 5, 2003. 11. Parks and Recreation Advisory_ Board - Agenda for March 19, 2003; Minutes of February 19, 2003. 12. Collier County CDBG - Citizen Advisory Task Force - Agenda for December 12, 2002; Minutes of December 12, 2002; Agenda for March 13. 14. 15. 16. H:Data/Format 20, 2003, Minutes of March 20, 2003 Isles of Capri Fire/Rescue Advisory Board - February 6, 2003 Collier County Airport Authorit~y - Minutes of February 10, 2002 Lely Golf Estates Beautification Advisory Committee - Agenda for March 20, 2003; Minutes of February 27, 2003. Historical Archaeological Preservation Board - Agenda for Mar 2003, Minutes of February 19, 2003. ,,,,SErsc A ~TEM No. t,A APR - 8 ZOO3 pg. 2.... 17. 18. 19. 20. 21. 22. Coastal Advisory Committee - Minutes of September 12, 02; October 10, 02; November 14, 02; December 12, 02; January 9, 03; February 1, 02, February 22, 02 and March 1, 02. Collier County Contractor's Licensing Board - Agenda for March 18, 2003 Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for March 12, 2003. Radio Road Beautification MSTU - Agenda for March 18, 2003; Minutes of February 18, 2003. Immokalee Beautification MSTU Advisory Committee - Notes for February 19, 2003, Agenda for March 19, 2003. Collier County Airport Authority - Agenda for March 10, 2003; Minutes of February 10, 2002. H:Data/Format A,~:~'.~,., iTEM NO. APR --8 20§3 Pg._ _~ ~ EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 176 IN THE LAWSUIT STYLED COLLIER COUNTY V. BIG CORKSCREW ISLAND FIRE DISTRICT, ET AL, IMMOKALEE ROAD, PROJECT NO. 60018. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 176 for the Immokalee Road project in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02-2218-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 176 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited into the Court Registry the sum of $39,550.00 for Parcel 176 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Big Corkscrew Island Fire District, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002- 125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $45,000.00 to be paid to Respondent, Big Corkscrew Island Fire District, as full compensation for the property rights taken as to Parcel 176; $7628.37 to be paid to James C. Stewart, Jr., Esquire for attorney fees; and $4726.00 to be paid for expert fees. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $17,804.37 into the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. ~,~x~ISCAL IMPACT: Funds in the amount of $17,804.37 are available from the Transportation ~,~.~Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and JAGENDA 2003 direct staff to deposit the sum of $17,804.37 into the Court Registry. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: ~/5~ / ~ -- Date: Heidi F. Asliton, Assistant County Attorney ~~~-~-/j~~, Date: /~Kevin- end ' s, ROW Acq~n Manager w Transportation/ECM/RO Gregg Strakaluse, P.E., Director Transportation/ECM Norm'Feder, Administrator Traffsportation Division / Date: ~._~ Date: 7/~7/~~ APPROVED BY: Date: h: LitXEmDomain~Bigcorkscrew~ExSum 176 AGENDA ~o. _lb APR 0 8 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. BIG CORKSCREW ISLAND FIRE DISTRICT, et al., Case No.: 02-2218-CA Parcel No.: 176 Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, B1G CORKSCREW ISLAND FIRE DISTRICT, by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 176, and it appearing to the Court that the parties are authorized to make such motion, and the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, BIG CORKSCREW ISLAND FIRE DISTRICT, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, BIG CORKSCREW ISLAND FIRE DISTRICT, recover from Petitioner the sum of Forty-Five Thousand Dollars and 00/100 ($45,000.00), for Parcel No. 176, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel: it is further AGENDA ITE'M I NO. ~ APR O 8 2003 ORDERED that Respondent, BIG CORKSCREW ISLAND FIRE DISTRICT, receive from Petitioner as a reasonable attorney's fee the sum of Seven Thousand Six Hundred Twenty-Eight Dollars and 37/100 ($7628.37). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 176; it is further ORDERED that Respondent, BIG CORKSCREW ISLAND FIRE DISTRICT, receive from Petitioner expert fees in the aggregate amount of Four Thousand Seven Hundred Twenty-Six Dollars and 00/100 ($4726.00) equaling $2683.75 for engineering fees and $2042.25 for appraisal fees; it is further ORDERED that Petitioner shall deposit an additional Seventeen Thousand Eight Hundred Four Dollars and 37/100 ($17,804.37), subject to approval of the Board of County Commissioners, into the registry of this Court within thirty (30) days of the date of this Stipulated Final Judgment: it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the award of Forty-Five Thousand Dollars and 00/100 ($45,000.00) referred to above; it is further ORDERED that the Clerk shall disburse the sum of Four Thousand Seven Hundred Twenty-Six Dollars and 00/100 ($4726.00) to STEWART & STORTER TRUST ACCOUNT c/o James C. Stewart, Jr., Esquire, 9180 Galleria Court, Suite 700, Naples, Florida 34109 for expert fees; it is further ORDERED that the Clerk shall disburse the sum of Seven Thousand Six Hundred Twenty-Eight Dollars and 37/100 ($7628.37) to James C. Stewart, Esquire, Stewart & Storter, 9180 Galleria Court, Suite 700, Naples, Florida 34109 for attorney's fees; it is further ORDERED that title to Parcel No. 176, a fee simple interest, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner 2 AGENDA ITEM APR 0 8 2003 P~. Order of Ta 'king dated September 5, 2002, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3050, Page 1406 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 176; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of ,2003. Conformed copies to: Heidi F. Ashton, Esquire James Stewart, Esquire E. Glenn Tucker, Esquire Omnipoint Holdings, Inc. Goff Communications, Inc. CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 176. Dated: 9180 Galleria Court, Suite 700 Naples, Florida 34109 -- (239) 594-1800 - Telephone ATTORNEY FOR RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Flor/da 34112 (239) 774-8400 - Telephc (239) 774-0225 - Facsimi ATTORNEY FOR PETE :lUiNl~lq. ' - ' APR O § 2003 Pg ..... ~ .... AGENDA ITEM APR 0 $ 2003 100 200 2. Basis of bearing is N/A. 5. Subject to easements, reservations and" restrictions of record. 4. This is a revision of o Wilklson ~c Associates Sketch and Description which merged with Wilson-Miller, effective July 1, 2002. Description: A portion of the west one-half of Tract 54, Golden Gate Estates, Unit 23, according to the plot thereof as recorded in Plat Book 7, Page g, Collier County, Florida, being more particularly described as follows: Beglnnlng at the Northwesterly Corner of Tract 54, said point being the beginning of a curve, concave NortheHy, having a radius of 5,334.4§ feet and a central angle of 00'46'06"; thence run Easterly, along the arc of said curve to the left, having o radius of 5,.334.46 feet, through a central angle of 00'46'06". subtended by a chord, of 71.53 feet at a bearing of North 75'33'21" East, for an arc length of 71.53 feet to a point of compound curvature with a curve, concave Northerly;, thence run Easterly, along the arc of said curve to the left, having a radius of 2,914.93 feet, through a central angle of 01'57'43", subtended by a chord of 99.81 feet at o bearing of North 74'11'26" East, for an arc length of 99.81 feet to the end of said curve, and the Northeasterly Corner of the West One-half of Tract 54; thence South 00'19'10" West, along the Easterly Boundary of the West One-half Tract 54. for o distance of 17.12 feet, to a point of intersection with the southeHy line of Randall Boulevard, thence North 89'40'50" West, along sold south line, for a distance of 32.38 feet; to a point on a circular curve, concave Northerly, whose radius point bears North 19'02'40' West, a distance of 4,560.68 feet therefrom; thence run Westerly, along the arc of said curve to the rlght, having o radius of 4,.360.68 feet, through a central angle of 01'50'15'. subtended by a chord of 1.39.85 feet at a bearing of South 71'52'28' West, for an arc length of 139.86 feet to the end of said curve, and a point of intersection with the Westerly Boundary Line of Said Tract 54, thence North 00'19'10' East, along said West Line, for a distance of 15.42 feet, to the POINT OF BEGINNING; Containing 0,044 acres, more or less. EXECUTIVE SUMMARY APPROVE THE STIPULATED ORDER OF DISMISSAL AS TO PARCEL 908 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JESSIE M. DURDEN, ET AL., (Santa Barbara Sewer Force Main Interconnect - Project 73132.) at a cost of $1,500. OBJECTIVE: That the Board of County Commissioners as Governing Body of Collier County and Ex-Officio Governing Board of Collier County Water-Sewer District ("Board") approve the Joint Motion for Stipulated Order of Dismissal as to Parcel 908 and payment of attorney's fees in the lawsuit entitled Collier Couttty v. Jessie M. Durden, et al., Case No. 02-5058-CA. CONSIDERATIONS: On December 11, 2001, the Board adopted the 2001 Wastewater Master Plan Update to establish priorities for the design, acquisition, and construction of various capital improvements projects. The Santa Barbara Sewer Force Main Interconnect Project will allow wastewater flow to be transferred between the North County Water Reclamation Facility and the South County Water Reclamation Facility. On February 25, 2003, the Board adopted the 2002 Wastewater Master Plan Update again establishing this Project as a priority capital improvement project. On September 19, 2002 the Board of County Commissioners approved the budget for the Fiscal Year 2003, which included this Santa Barbara Interconnect project. On September 24, 2002, Agenda Item 10A, the Board approved a resolution authorizing staff to acquire by condemnation the utility easements necessary for the construction of this Project. On December 12, 2002, the Office of County Attorney filed a condemnation action for the acquisition of 6 parcels for the Santa Barbara Sewer Force Main Interconnect Project. The County's consultant has determined that the deletion of the intermediate pumping station, designated as Parcel 908 in the lawsuit, and the change from a 16-inch force main to a 20-inch force main results in a net decrease in the preliminary construction cost estimate of $114,770.00 as well as a considerable operating cost savings. Consequently Parcel 908 is being dismissed. As required in Fla. Stat. s. 73.092, the property owners of Parcel 908, Christopher M. Amen and Christine E. Batthany, are entitled to a reasonable attorney's fee on an hourly basis. The Stipulated Order of Dismissal provides that Collier County shall make payment of One Thousand Five Hundred and No/100 Dollars ($1,500.00) to Marc Oates, Esquire, attorney for the property owners. The undersigned has reviewed copies of the attorney's time sheets and contract with the property owners and has reviewed the provisions in the Stipulated Order of Dismissal and considers them to be reasonable. FISCAL IMPACT: Fund(413). Funds in the amount of $1,500.00 are available in the Sewer Impact Fee GROWTH MANAGEMENT IMPACT: None. ,A, GF_.NDA iTEM ~ APR 0 8 2003 I:"g. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Order of Dismissal; authorize the undersigned Assistant County Attorney to execute the Joint Motion for Stipulated Order of Dismissal; 3. approve the expenditure of the funds as stated; and direct staff to pay $1,500.00 to Marc Dates, Esquire, upon entry of the Stipulated Order of Dismissal by the court. SUBMITTED BY: Assistant County Attorney Date: REVIEWED BY: Mol~an Thampi, Senior Project Manager PUED Date: REVIEWED BY: R0~ Anderson, Director PUED Date: Jc/e Cheatham, Director Wastewater Administration Ja es Delon~,, Administr or ulicUtilities Adminis atr~ion APPROVED BY: /J~.~ '~ David C. Weigel County Attorney Date: ~ - - L.. 3 Date: Date: ~:~/.2-'~/0 ..~ AGENDA APR O 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS, as Governing Body of COLLIER COUNTY, and as the Ex-Officio Governing Body of COLLIER COUNTY WATER-SEWER DISTRICT, Petitioner, VS. Case No. 02-5058-CA Parcel No.: 908 JESSIE M. DURDEN, et al Respondents. STIPULATED ORDER OF DISMISSAL AS TO PARCEL 908 This action was heard on the parties' Joint Motion for Stipulated Order of Dismissal as to Parcel 908, and it appearing to the Court that the parties are authorized to make this motion, it is, now, therefore ADJUDGED AND ORDERED THAT: 1. This action is dismissed without prejudice as to Parcel 908. 2. Respondents, CHRISTOPHER M. AMEN and CHRISTINE E. BATTHANY, shall recover a reasonable attorney's fee in the amount of $1,500.00, and shall be responsible for all other costs of defense. Payment will be made by Petitioner directly to Marc Oates, Esquire, 10001 Tamiami Trail North, Suite 119, Naples, FL 34108. 3. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Records Book 3174 Page 1466 et seq., of the Public Records of Collier County, Florida, is hereby dismissed as to Parcel 908 only. DONE AND ORDERED in Chambers at Naples, Collier County, Florida this of March, 2003. day Conformed copies: Marc Oates, Esq. Ellen T. Chadwell, Esq. First Florida Bank TED BROUSSEAU Circuit Court Judge ,JOINT MOTION FOR STIPULATED ORDER OF DISMISSAL AS TO PARCEL 908 The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Order of Dismissal as to Parcel 908. Dated: Dated: MARC OATES, ESQUIRE Florida Bar No. 10001 Tamiami Trail North Suite 119 Naples, Florida 34108 (239) 593-3174 Phone (239) 593-3173 Facsimile Attorney for Respondents Christopher M. Amen Christine E. Batthany ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941 ) 774-0225 - Facsimile Attorney for Petitioner EXECUTIVE SUMMARY APPROVE OF THE STIPULATED ORDER OF TAKING AND STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 137 IN THE LAWSUIT ENTITLED COLLIER COUNTY ¥. EDWARD STANLEY SANDITEN, ET AL., (Immokalee Phase H Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order of Taking and Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 137 for the Immokalee Phase H project in the lawsuit entitled Collier County v. Edward Stanley Sanditen, et al., Case No. 02-5165-CA. CONSIDERATIONS: A Petition in Eminent Domain and Declaration of Taking were filed on December 18, 2002 for the condemnation of fee simpl~ interests, including Parcel 137 and Parcel 139, for the expansion of Immokalee Road. A valid appraisal for Parcel 137 has been obtained for valuation of the full compensation due the owner of Parcel 137, Edward Sanditen. This amount is $4,000. The County would be required to deposit this amount into the registry of the court in the event an Order of Taking is obtained. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Edward Sanditen, will stipulate to the entry of an order of taking and be fully and fairly compensated for taking of Parcel 137. The terms of the settlement agreement are set out in the Stipulated Order of Taking and Stipulated Final Judgment as to Parcel 137 (attached as Exhibit The Stipulated Order of Taking and Stipulated Final Judgment as to Parcel 137 provides that Four Thousand Five Hundred and No/100 Dollars ($4,500.00) be deposited into the Registry of the Court to be paid to the Edward Sanditen as full compensation for the property rights taken as to Parcel 137. No attorney fees or other costs are due the property owner. In addition, Mr. Sanditen has agreed to terminate any easement rights he may have retained in Parcel 139. Staff has reviewed the County's obligations stated in the Stipulated Order of Taking and Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $4,500.00 Fund: 331 - Road Impact Fee District One Cost Center: 163650- Road' Impact Construction Project Number: 60018 (Immokalee RoadmPhase II) ' AGENDA I:I"EM ....... APR 0 8 2003 Pg. GROWTH MANAGEMENT IMPACT: Management Plan. Consistent with the Collier County Growth RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Order of Taking and Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $ 4,500.00 into the Registry of the Court. SUBMITTED. _ _ Ellen T Chadwell Assistant Couj~ Attorney REVIEWED BY: ~~ .J.~Kevin~e~ks, Manager, Right:of-Way Acquisition REVIEWED BY: REVIEWED BY: APPROVED BY: TE &/~ Dep~/ment / Gregg Strakaluse, Director Transportation Engineering & Const ~ru~tion Management N'o4an Fede'r ' T~flsportation Administrator D~vid C. Weigel - ' County Attorney Date: Date: 2 ,PR 0 8 2003 pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 02-5165-CA Parcel Nos.: 137 EDWARD STANLEY SANDITEN, et al., Respondents. / STIPULATED ORDER OF TAKING AND STIPULATED FINAL JUDGMENT (PARCEL 137) THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, by and through its undersigned counsel, and Respondent, EDWARD STANLEY SANDITEN, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel No. i37, and it appearing to the Court that the parties are authorized to make such Motion, that proper notice was given to all persons having or claiming any equity, lien, title or other interest in or to the real property described as Parcel 137 in the Petition in Eminent Domain, and the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, EDWARD STANELY SANDITEN, it is thereupon ORDERED AND ADJUDGED that: 1. This Court has jurisdiction of this cause, the parties he subject matter hereof. AGENDA iTEM ..--, APR 0 8 2003 Pg. ~ 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property is being acquired for a public purpose. 4. The taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. 5. The Declaration of Taking and Estimate of Value filed in this cause by the Petitioner was made in good faith and based on a valid appraisal. 6, Respondent, EDWARD STANLEY SANDITEN, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousand Five Hundred and No/100 Dollars ($ 4,500.00) for Parcel No. 137 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel, inclusive of all costs, expert witness fees and attorney's fees, less any sums due the Collier County Tax Collector for ad valorem taxes. 7. Respondent, EDWARD STANI~EY SANDITEN, releases, disclaims, and waives any and all interest, right, and claim he may have in Parcel 139 in this cause of action by virtue of an easement reserved in deeds recorded at O.R. Book 925 Page 951, and O. R. Book 953, Page 333. This waiver and release does not apply to any oil, gas and mineral rights Respondent may have reserved in the foregoing recorded instruments. 8. No additional attorneys fees or other costs shall be awarded to Respondent in connection with the above-styled cause of action. 9. Upon the payment of the deposit, hereinafter specified, into the Registry of this Court, all right, title and interest described in Exhibit "A" attached i .~ APR 0 8 2003 made a part hereof by reference FLORIDA, and Petitioner shall be described herein. shall vest in Petitioner, COLLIER COUNTY, entitled to immediate possession of the property 10. Within twenty (20) days of this Order, Petitioner shall deposit into the Court Registry the total amount of Four Thousand Five Hundred and 00/100 Dollars ($4,500.00) as the good faith estimate of value and full compensation for Parcel No. 137. 11. Immediately after Petitioner's deposit, the Clerk of this Court shall disburse the sum of Four Thousand Five Hundred and No/100 Dollars ($4,500.00) to Respondent, EDWARD STANLEY SANDITEN, P.O. Box 11566, Aspen, Colorado, 81612. 12. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3178, Page 2184, of the Public Records of Collier County, Florida, be dismissed as to Parcel No. 137. 13. This Stipulated Order of Taking and Final Judgment as to Parcel 137 is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Naples, Collier County, Florida on this ~ day of ,2003. HUGH D. HAYES Circuit Judge Conformed Copies: Ellen T. Chadwell, Esq. Edward Stanley Sanditen, Esq. E. Glenn Tucker, Esq. Brian P. Patchen, Esq. 3 AGENDA ITF-M--2 APR O 8 2003 JOINT MOTION ON STIPULATED ORDER OF TAKING AND STIPULATED FINAL JUDGMENT Petitioner, COLLIER COLrNTY, FLORIDA, together with Respondent, EDWARD STANLEY SAND1TEN, hereby respectfully move for entry of the foregoing Stipulated Order of Taking and Stipulated Final Judgment as to Parcel No. 137. Dated this ~ day of ,2003. EDWARD STANLEY SANDITEN Florida Bar No. P. O. Box 11566 Aspen, CO 81612 RESPONDENT EIJ~EN T. CHADWELL Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail (239) 774-8400 - Telephone (239) 774-0225 -- Facsimile ATI'ORNEY FOR PETITIONER Monday, March 17, 2003 12:32 PM Edward 970-920-3436 p.02 JOINT MOTION ON STIPULATED ORDER OF TAKING AND STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNT--Y, FLORIDA, togcther w/th R~pondent, EDWARD STANLEY SANDITEN, hereby respectfully movc for cntry of thc foregoing Stipulated Order ofT~,ing ~md Stipulated Final fudgment es to Pamei No. 137. Dated thi, / 6 day or ~, ~ .2003. EDWARD STANI. I~ S-ANDITEN Florida Bar No. v P. O. Box ! 1566 Asl~n, CO 81612 RESPONDENT (239)774-g400-Telephone ELLEN T. CHAD'NELL Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Ilannon Tm'ncr Build/nE 3301 Fast Tamiami Trail (239) 774-g400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 4 EXECUTIVE SUMMARY APPROVE THE OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 110 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORTHSIDE CONSTRUCTION COMPANY, ET AL., CASE NO. 00-0136-CA (PINE RIDGE ROAD PROJECT #60111). ~ OB,]ECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Northside Construction Company and Pine Ridge Fertilizer and Garden Center, Inc. ("Respondents"), in the amount of $650,000, as full compensation, excluding attorney's fees and costs, for the condemnation of Parcel 110, in Collier County v Northside Construction Company, et al., Case No. 00-0136-CA. CONSIDERATIONS: On January 13, 2000, an eminent domain action was filed for the acquisition of property for the Pine Ridge Road project from Airport Road to Logan Boulevard. On April 6, 2000, an Order of Taking was entered with respect to Parcel 110, and the County deposited $292,200 for the parcel. The Offer of Judgment, a copy of which is attached, offers the property owner and business lessee of this Parcel, Northside Construction Company and Pine Ridge Fertilizer and Garden Center, Inc., respectively, the sum of $650,000, to be apportioned between them, as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but not including attorney's fees and costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require Northside Construction Company and Pine Ridge Fertilizer and Garden Center, Inc. to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $357,800 into the registry, and the total sum of funds on deposit, or $650,000, will be paid to Respondents and their counsel by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $650,000 for Parcel No. 110, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Attorney's fees will also be calculated pursuant to Section 73.092, F.S. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. :~ .~FISCAL IMPACT: A budget amendment is needed to transfer unds in the amount of $650,000 from the Gas Tax Reserve Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respo~ APR 0 8 2003 3. 4. 5. Approve the expenditure of funds as stated; and Authorize $357,800 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment, including statutory attorney's fees, based on the acceptance of the Offer of Judgment. Approve the necessary Budget Amendment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. Ashton Assistant Country Attorney ~'~e~cks, - ~ ROW Acquisition Manager Greg~ Strakaluse, Director Transp~ rtation/ECM f /' ? Nor~ ~der,' Administrator Trlhsportation Division David C. Weigel, Count~ Atto~ey Date: 'ff"~" a..~ Date: Date: APR 0 8 2{}03 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, NORTHSIDE CONSTRUCTION COMPANY, et al, Respondents. Case No.: Parcel No.: 00-0136-CA 110 OFFER OF JUDGMENT TO: Northside Construction Company Pine Ridge Fertilizer and Garden Center, Inc c/o Thomas R. Bolf, Esq. RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. 200 East Broward Boulevard Fort Lauderdale, Florida 33301 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, NORTHSIDE CONSTRUCTION COMPANY and PINE RIDGE FERTILIZER AND GARDEN CENTER, INC, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, NORTHSIDE CONSTRUCTION COMPANY and PINE RIDGE FERTILIZER AND GARDEN CENTER, INC., arising out of the taking of Parcel 110, in the total amount of Six Hundred and Fifty Thousand and No/100 Dollars ($650,000.00), for CONSTRUCTiONs, ~:~i ¥ ParCel 110, to be apportioned between Respondents, NORTHSIDE ~ i.. :?. .... [6[~.__~ £ APR 0 8 2003 COMPANY and PINE RIDGE FERTILIZER AND GARDEN CENTER, INC., which includes the amount of $292,200.00 which was deposited pursuant to the Order of Taking dated April 6, 2000. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this __ day of April, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225- Facsimile BY: HEIDI F. ASHTONQ~ Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States mail to Thomas R. Bolf, Esquire, Ruden, McClosky, Smith, Schuster & Russell, PA, Post Office Box 1900, Fort Lauderdale, FL 33302 on this day of April, 2003. Heidi F. Ashton, Esq~uire. · .... APR082003 pg.. ]~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD RATIFY AND AUTHORIZE THE cOUNTY ATTORNEY'S RETENTION OF EXPERT WITNESSES AND CONSULTANTS FOR THE COUNTY IN THE LAWSUIT ENTITLED COLLIER COUNTY v. NORTHSIDE CONSTRUCTION COMPANY, ET AL., (PINE RIDGE ROAD PROJECT), EXEMPT THE COUNTY ATTORNEY FROM THE PURCHASING POLICY IF AND TO THE EXTENT THE PURCHASING POLICY IS APPLICABLE, AND AUTHORIZE THE CHAIRMAN TO SIGN ANY NECESSARY RETENTION DOCUMENTS. OBJECTIVE: For the Board to ratify and authorize the County Attorney's retention of expert witnesses and consultants to research and provide testimony in regard to real property, land use, appraisal and damage issues in Collier County v. Northside Construction Company, et al., Case No. 00-0136-CA, exempt the County Attorney from the Purchasing Policy, if and to the extent the Purchasing Policy is applicable, and authorize the Chairman to sign any necessary retention documents. CONSIDERATIONS: On January 13, 2000, an eminent domain action was filed for the acquisition of property for the Pine Ridge Road project from Airport Road to Logan Boulevard. On April 6, 2000, an Order of Taking was entered with respect to Parcel 110, and the County deposited $292,200 for the parcel. The owners have rejected all settlement offers by the County, and are seeking $1,700,000 as full compensation, including all damages for the taking. The compensation issue has been greatly contested, with trial originally scheduled for March 2, 2003 and continued to a future date. Because of the amount in dispute, the high level of litigation in this lawsuit, the many hours of trial preparation and depositions, the County has expended the sum of $58,000 through February in expert fees for its appraiser, Woodrow Hanson, MAI, of Integra Realty Resources, to research, prepare a report and rebuttal testimony, prepare exhibits and provide expert testimony in regard to the appraisal of Parcel 110 including damages. The Board previously approved the retention of Mr. Hanson's appraisal services for the Aquaport, LC v. Collier County litigation at the rate of $190 per hour. The County has also expended approximately $25,000 through February in expert fees for its planner, Vincent A. Cautero, of Coastal Engineering Consultants, Inc., to review and research site plans, analyze the land use, prepare a report and rebuttal testimony, prepare exhibits, attend depositions, and provide expert testimony in regard to land use issues. Some of the expert costs have been processed as a cost under the Continuing Retention Agreement dated July 31, 2001 between Collier County and Fixel & McGuire. However, because these costs are expected to be high, staff has elected to bring this matter to the Board of County Commissioners - for approval. FISCAL IMPACT: Mr. Cautero's current hourly rate is $1~0 pe~ hour, and Mr. Hanson's current hourly rate is $190 per hour. A substantial number of hours are likely to b~ incurred. Where appropriate, each expert's support staff will provide services in lieu of the principal to keep costs i I APR 0 8 2003 down. The costs for these fees will at this time be paid from Gas Taxes. Budget amendments will be processed as needed. A copy of the hourly rates of each expert and subordinate staff is attached. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Recommendation that the Board ratify and authorize the County Attorney's continued ~etention of expert witnesses and consultants for the County in Collier County v. Northside Construction Company, et al., Case No. 00-136-CA; exempt the County Attorney from the Purchasing Policy, if and to the extent the Purchasing Policy is applicable, and authorize the Chairman to sign any necessary retention documents and approve any necessary budget amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi-F'. As~hton ' Assistant Cou~i~ Attorn.~- ,, ~vi~ ~nd~.. ~ - - ~ ROW Acqmsition Manager Trans~natio~C~W Gregg Strakaluse P.E., D~ector, Transpo~ation ~CM Ad~nist~ator, Transpo~ation Division David C. Weigel County Attorney Date: 3"' 2- ~ ~' ~ Date: APR 0 8 2003 Integra Realty Resources-Southwest Florida 2233 Second Street Fort Myers, Florida 33901-3051 Year 2002 Billing Rates (Portal to Portal) A. Personnel: Fort Myers Office: · Woodward S. Hanson, MAI, CRE, CCI1VI: · Michael D. Doyle, MBA: · Robert A. Kump, II: · Timothy P. Foster: Naples Office: · Julian L.H. Stokes, MAI, CRE: · Timothy P. Brerman, Analyst: $190.00/Hr. $135.00/Hr. $135.00/Hr. $125.00/Hx. $175.00/14_r. $125.00/Hr. Co A $1'-/t L_ Effective Date of Fee Schedule: July 1, 2002 Professional Consulting Fee Schedule StaffDescription Hourly Rate Principal Consultant* ............................................................................. $150 Associate Consultant* ..................................................................... = ..... $130 Managing Consultant* ............................................. ~: ............................ $120 Proj eot Cortsultant * ................................................................................ $100 Staff Consultant* ...................................................... ~ ............................ $ $0 Sr. Designer/Technician ........................................................................ $ 70 Project Construction Manager. .............................................................. $ 65 Designer/Technician .............................................................................. $ 60 Sr. Project Coordinator .......................................................................... $ 55 Construction Observer ........................................................................... $ 55 Sr. Administration/Project Coordinator. ............................................... $ 45 Administration. ....................................................................................... $ 40 DraRsman ............................................................................................... $ 40 Labor. ...................................................................................................... $ 25 Survey & Mapping Crews Four-man Survey & Mapping Crew ..................................................... $120 Three-man Survey & Mapping Crew ................................................. $110 Two-man Survey & Mapping Crew ..................................................... $100 RTK/GPS Survey & Mapping Crews Three-man CRTK) Survey & Mapping Crew ....................................... $130 Two-man (RTK) Survey & Mapping Crew ......................................... $120 Single-man (RTK) Survey & Mapping Crew ...................................... $110 Consultant"s include: Engineers, Planners, Environmental Specialists, Financial Specialists, Project Managers, Scientists, State Certified Real Estate Appraisers, Surveyors & Mappers NO. APR 0 8 2003 pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE A CORRECTIVE RELEASE OF LIEN ARISING OUT~ OF AN ORDER IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE ENTITLED BOARD OF COUNTY COMMISSIONERS v. WENDALL L. KRAMER, SA£ VA TORE F. ANGILERI, AND SAL VA TORE C. GRECH OBJECTIVE: To approve and execute a Corrective Release of the Code Enforcement Lien imposed pursuant to an Order Imposing Fine/Lien in The Board of County Commissioners v. Wendall L. Kramer, Salvatore F. Angileri, and Salvatore C. Grech. CONSIDERATIONS: The Code Enforcement Board found subject property owners in violation for failure to comply with development commitments. The respondents were given until November 23, 2001 to comply or fines would be imposed at the rate of $50 per day until compliance. On March 28, 2002, having complied with the Code Board's Order, a request for reduction of fines was granted from $6,078.06 to $928.06. Prior to compliance, a Lien was filed against real property for the Code Enforcement Board fines. On April 23, 2002, the outstanding fines were paid, and the Board of County Commissioner's approved the filing of a Release of the Code Enforcement Lien. The Release of Lien, however, did not make reference to all records of the Lien, which was recorded multiple times with the County Clerk. One of the property owners has requested that the County clarify the record for purposes of closing on the sale of the property. Accordingly, a Corrective Release Lien has been prepared and is attached hereto. FISCAL IMPACT: Recording the Release of Liens is $6.00. Source of'funds ±s Code Enforcement Budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Collier County, Florida. SUB MITTED B~'~~T~Chadw~'el~~1~' -1 Assistant County Attorney David C. Weigel, County ArVey Authorize the Chairman to execute the Corrective Release of Lien; Authorize staff to record the Corrective Release of Lien in the Public Records of H:~Public~Ellen~Executive Summary (Sat of Lien) 3-03.doc Date: ,APR 0 8 2003 THIS INSTRUMENT IS BEING RECORDED TO CORRECT AN INCOMPLETE REFERENCE TO THE PREVIOUSLY RECORDED LIENS. CORRECTIVE RELEASE OF LIEN This is to certify that the lien in faqor of Collier County, Florida, arising out of the Order Imposing Fine/Lien dated December 21, 2001, and recorded in O.R. Book 2949, Page 71, O.R. Book 2949 Page 213, and the Order Reducing Fine dated April 4, 2002, and recorded in O.R. Book 3012 Page 2581, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by Wendell L. Kramer, Salvatore F. Angileri and Salvatore C. Grech is hereby released in consideration of the sum of Nine Hundred Twenty Eight Dollars and 06/100 ($928.06): GOLDEN GATE ESTATES, Unit No. 35, the North 406.59' of Tract 61, according to the Plat thereof as recorded in the Public Records of Collier County, Florida. Folio No. 38454000000 The undersigned is authorized by the Board of County Commissioners of Collier County to and does hereby release its lien as to the whole of the above-described real property, and all other real and personal property owned by Wendell L. Kramer, Salvatore F. Angileri and Salvatore C. Grech, and consents to this lien being discharged of record. Dated this day of April, 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning, Chairman Ell~e~n T~.. Chadweli Assistant County Attorney AGENDA ITEM NO. ~ APR O 8 2003 EXECUTIVE SUMMARY SE-03-AR-3777, AN ORDINANCE AMENDING ORDINANCE 02-07, THE RICHLAND PUD TO CORRECT A SCRIVENER'S ERROR IN SECTION 6.4 - DEVELOPMENT COMMITMENTS, TRANSPOP. TATION PARAGRAPH NUMBER 8 OF THE RICHLAND PUD THAT IS LOCATED ON THE SOUTHWEST CORNER OF IMMO~EE ROAD (C.R. 846) AND COLLIER BOULEVARD (C.R. 951), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error within Section 6.4 of Ordinance 02-07 (the Richland PUD) to correct certain typographical errors in the Development Commitments that have been found to be consistent with the Collier County Growth Management Plan and the Land Development Code. CONSIDERATIONS: The Board of County Commissioners on February 12, 2002 approved Ordinance Number 02-07. This action provided for the rezoning of the subject 150-acre site from "PUD" to "PUD" Planned Unit Development for the purposes of amending the Richland PUD to decrease the number of residential dwellings from 650 units to 400 units, reduce the residential areas from 128.5 acres to 127 acres and increase the commercial area from 21.8 acres to 23 acres. Planning Services Staff subsequently discovered that the Development Commitments, Transportation Paragraph Number 8 incorrectly referenced the entity responsible for maintaining the metal security gate. The revised language as noted below is consistent with the Board's approval. The commercial tract shall provide an internal vehicular cross access to the residential tract. Sidewalks shall be provided on one side of the interconnect road. A metal security gate shall be placed on the commercial tract to allow for the stacking of a minimum of three vehicles on the commercial tract. Gate maintenance shall be the responsibility of the cc, mmzre:.a! residential property owners and/or their property owners association. No construction traffic shall use this interconnection. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above. APR 0'8 2003 , FISCAL IMPACT: It should be noted that this scrivener's error is only to reflect the correct entity responsible for maintaining the security gate between the commercial tract and the residential tracts within the Richland PUD that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance Number 02-07. APR 0 8 2003 PREPARED BY: · ~,.AY I~ELLOX~TS,'CHIEF PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: §US~A~ MURRAY, AICP, MANAGER CuReT PLANNING SE~~ MARGARE~E, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT d-l/-O % DATE DATE ~O~EPH K. ~CHMITT ADMINISTRATOR d/~MMUNITY DEV. AND ENVIRONMENTAL SVCS. Scrivener's Error/EX SUMMARY/AR-3777/RVB/rb APR 0'8 2003 OKDINANCE NO. AN ORDINANCE A1VI~NDING ORDINANCE NUMBER 02-07, THE RICHLAND PUD, TO CORRECT A SCRIVENER'S ERRROR IN PARAGRAPH 8, TRANSPORTATION, OF SECTION 6.4, DEVELOPMENT COMMI~NTS THEREOF AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, thc Collier County Board of Commissioners adopted Ordinance No. 02-07, on February 12, 2002, and; WHEREAS, following said action of adopting Ordinance No. 02-07, staff determined that the Richland PUD Document transmitted to the Department of State did not contain provision that was otherwise intended to be included in it, but nevertheless made a part of the record of thc public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO PARAGRAPH 8, TRANSPORTATION, OF SECTION 6.4, DEVELOPMENT COMMITMENTS. Paragraph 8, Transportation, of Section 6.4, Development Commitments, of thc Richland PUD, Ordinance Number 02-07, is hereby amended to correct a scrivener's error by amending said Section to read as follows: 8. The commercial tract shall provide an internal vehicular cross access to the residential tract. Sidewalks shall be provided on one side of the interconnect road. A metal security gate shall be placed on the commercial tract to allow for the stacking ora minimum of three vehicles on the commercial tract. Gate maintenance shall be the responsibility of the zc:n..-..ercia! residential property owners and/or their property owner's association. No construction traffic shall use this interconnection. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 200:5. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAnlMAN 1 Words :~z- ~:='--'g:. are deleted; words underlined are added. Approved as to Form and Legal Sufficiency: Student ~ Assistant County Attorney Ordinance SE-03-AR-3777 KB/lo 2 Words ......... ~. ar~ delete, d; words underlined are added. EXECUTIVE SUMMARY VA-2002--AR-3418, ROLAND AND STELLA RICARD REQUESTING ~-~N AI~ER-THE- FACT VARIANCE OF 1.5 FEET FROM THE MINIMUM REAR YARD SETBACK OF 20 FEET TO 18.5 FEET FOR A SCREENED ENCLOSURE ADDITION TO A SINGLE FAMILY DWELLING FOR PROPERTY LOCATED AT 109 BORDEAUX CIRCLE, FURTHER DESCRIBED AS RIVIERA GOLF ESTATES, UNIT 2, LOT 489, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider the petitioner's request for an ai~er-the- fact variance from the minimum rear yard setback of 20 feet to 18.5 feet for a screened enclosure addition to a single-family dwelling. CONSIDERATIONS: The owner installed a screened enclosure addition on the subject property after receiving an approved building permit. On completion of the screened enclosure, an as-built survey showed that a corner of the existing dwelling and the screened enclosure was encroaching into the 20 foot rear yard setback. Collier County Code Enforcement contacted the petitioner, noting that a "Certificate Of Completion" could not be issued because the screened enclosure encroaches into the rear yard setback. The options for the petitioner were to reduce the width of the screen enclosure by rebuilding the existing screened enclosure addition or seek a variance. The regulations governing the setback of buildings are drafted primarily to reflect the community's desires for maintaining minimum life, health, safety, light, and air standards, and are establis~"ed in the Land Development Code. Following the procedures in the LDC, the Riviera Golf EsPies PUD established the minimum rear setback limits for primary and secondary buildings to a minimum of 20 feet. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. APR 0'8 2003 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The subject variance is for the rear setback building limits for a screened enclosure addition. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment are required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on March 6, 2003. The Commissioners heard the presentation by the petitioner and the Staff presentation. The Planning Commission voted unanimously (9-0) to approve the motion and forward the petition to the BZA with a recommendation of approval. Staff has received a letter of support from the adjoining neighbors. A copy of that letter and Map is enclosed (See Attachment J). Because no one spoke in opposition to the granting of the variance, and it meets the other required criteria, this petition has been placed on the summary agenda. 2 APR fl 8 2003 pg. ~-~ PLANNING SERVICE~q STAFF RECOMMENDATION: It is staff's opinion that the granting of the variance will be in harmony with the general intent and purpose of the Land Development Code, specifically, the ameliorating factor of the landscaping to the west. Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-3416 to the BZA with a recommendation of approval, which would include the existing 0.3 foot encroachment of the existing house. PREPARED BY: MICHAEL J. DE~UN'IZ, C~ PRINCIPAL PLANNER REVIEWED BY: USAN MURRAY, AICP CURRENT PLANNING MANAGER APPROVED BY: DATE ~ & ENVIRONMENTAL SERVICES ADMI~STRATOR executive summary/VA-2002-AR-3418 APR 0'8 2003 AGENDA ITEM 8-C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION, PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: January 29, 2003 SUBJECT: PETITION VA-2002-AR-3418 AGENT: APPLICANT: AGENT/APPLICANT: Owner Roland & Stella Ricard 109 Bordeaux Circle Naples, FI. 34112 REQUESTED ACTION: The petitioner is requesting an after-the-fact variance from the 20 feet rear yard setback requirement in the Riviera Golf Estates PUD for a 7 feet by 17 feet screened enclosure addition to a single-family dwelling. The variance requested is for an encroachment that is 0.3 feet wide at the southwest end of the structure and 1.5 feet wide at the northwest end of the structure. In addition, the rear wall of the single family residence is encroaching into the 20 feet rear building setback area at one corner a depth of 0.3 feet. GEOGRAPHIC LOCATION: The subject property is located at 109 Bordeaux Circle, further described aa Riviera Golf Estates, Unit 2, Lot 489, in Section 17, Township 50 South, Range 26 East. APR 0 8 2003 Petition VA-2002-AR-3418 1 [~*~_ ¢ ' PURPOSE/DESCRIPTION OF REQUEST: The existing single-family dwelling was constructed in 1997 under Building Permit No. 97050978. The applicant added a 7 feet by 17 feet screened enclosure over an existing 7 feet by 14 feet concrete patio (See Attachment B). The applicant wanted this screened enclosure so that his handicapped wife would be able to go outside. The existing single-family structure is parallel to the front property line on the east side of the lot, and the rear property line is a concave curve. Unknown to the applicant, the comer of the rear wall, of the existing principle structure encroaches 0.3 feet into the rear building setback line. A building permit (2002060609) was issued for the construction of the screened enclosure on June 17, 2002 (See Attachment C), over the existing concrete slab area. On completion of the screened enclosure, the as-built survey showed that the screened enclosure was encroaching into the building setback fi.om the point where the enclosure attaches to thc rear wall, continuing into the rear building setback area for a distance of 17 feet to the end of the enclosure at a depth of 1.5 feet. The proposed screened enclosure was laid out to follow the rear wall line of the single-family structure. The original building permit application showed that the proposed screened enclosure would meet the rear yard requirement. The applicant is requesting that the existing 0.3 feet encroachment of the rear wall of the single family structure be included into this request. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is designated as Urban Residential on the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for a proposed 7-feet by 17-feet screen enclosure addition to an existing single-family home that is located in a PUD which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. LAND USE AND ZONING: LAND USE ZONING Subject: Single Family Residential PUD Surrounding: North Single Family Residential PUD East Bordeaux Circle, internal two-way street Petition VA-2002-AR-3418 South Single Family Residential PUD West Single Family Residential PUD (See Attachment D) 2 APR 0 il 2003 EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or build,.'ng involved? Yes. The applicant and the builder relied on the wall line of the principal structure to be in compliance with the rear setback line, which was erroneous. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. A previous property owner constructed the single-family dwelling, and the encroachment of the dwelling was not revealed by the spot survey at the time the original structure received a certificate of occupancy. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? No. There is no land related hardship. However, if this variance were not approved, the applicant would have to remove the existing screened enclosure and rebuild a smaller enclosure to the home, which meets the required setbacks. The applicant claims the variance is necessary to facilitate his handicapped wife to be able to sit outside. The concrete patio was raised to the threshold of the rear door (approximately 1-foot) for wheelchair access, and then the screened enclosure was added. dw ~Vill the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A single-family residence is a reasonable use of the land. The variance the minimum required to permit the screened enclosure as configured by the p{ Petition VA-2002-AR-3418 prop~. ~~ titiot~ I- i APR 0 8 2003 ,,.7 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, The granting of the variance will allow for a reduced rear yard setback that is not permitted for other structures in this zoning district. In addition, no similar variances have been granted in this neighborhood. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or other~vise detrimental to the public welfare? No. The variance, if approved, would allow the applicant to construct a screened enclosure that is not consistent with the Riviera Golf Estate, Unit 2 PUD setback requirements. However, the proposed screened enclosure would not impact the properties immediately to the west. There is a substantial separation between the rear of the adjoining existing residential structures. The LDC requires lots of similar lot area (7,500 S.F.) maintain a 20 feet separation between accessory structures. The County has received a letter dated July 18, 2002, from the Riviera Golf Estates Homeowners Association, Inc., stating that they have reviewed and approved this proposed request (See Exhibit E). Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The layout of the structures and the configuration of the lots in the block that is bordered by Bordeaux Circle, Marseille Drive, and Versailles Circle provide for a 40-feet rear separation between structures. The lots are in an off-set configuration and there is an extensive landscaping hedge along the rear property line of the subject site. The encroachment is minor and likely will be unnoticeable by abutting property owners. The proposed screened enclosure does not eliminate any of the existing vegetation (See Attachment F). Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. Petition VA-2002-AR-3418 pLAN~ING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions or circumstances that warrant approval of this variance, specifically, the ameliorating factor of the landscaping to the west. Therefore, Planning Services staff recommends, that the CCPC forward Petition VA-2002-AR-3418 to tare BZA with a recommendation of APPROVAL, which would include the existing 0.3 feet encroachment of the existing house. G:VA2002AR3418012903 Petition VA-2002oAR-3418 APR 0 8 2003 PREPAI~.D BY: ~ FP PRINCIPAL PLANNER !:¥... REVIEWED BY: /~USAN MURRAY, AICP CURA~NT PLANNING MANAGqR MARGARET~RSTLE, AICP DIRECTOR, PLANNING SERVICES DEPARTMENT APPROVED BY: R N Collier County Planning Commission: KENNETH L. AIRMAN DATE DATE 5.6.03 DATE Staff report for the Collier County Planning Commission Meeting Tentatively scheduled for the 2003 Board of County Commissioners Meeting Attachments: A. Location/Site Map B. Site Plan C. Building Permit D. Reduced Copy Zoning Map E. Letter F. Aerial Photo G-I. Photos Petition VA-2002-AR-3418 __ ATTACH~IENT B -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~..~ ~ 20020G0~09 I--S SUED_: 06-17-02 BY: GARRETT S MASTER #3. 2002060609 COA %: JOB ADDRESS: 109 BORDEAUX. CIR JOB DESCRIPTION:~!~i I~NI SCRN PATIO ll9SOFT SUBDIVISION %: 1545 -Riviera Golf Estate Unit 2 FLOOD MAP: 0605 ZONE: X ELEVATION: FOLIO 4: 0000070624200009 SECTION-TOWNSHIP-RANGE PERMIT PERMIT TYPE: BR2A APPLIED DATE: 06-10-02 /7 OWNER INFORMATION: RICARD. ROLAND J=& STELLA C M 109 BORDEAUX CIR CONTRACTOR PHONE: BLOCK: 26 INFORMATION: NAPLES, FL09C0 341127162 CERTIFICATE VALID #: APPROVAL DATE: (941 ¥417-9'636 PHONE: 609 06-17-02 LOT: 489 FCC CODE: 434 - R/ADDITION° ALTERATION CONSTRUCTION CODE: SCRN2 / SCREEN ENCL - PAN ROOF JOB VALUE: 3.000.00 TOTAL SQFT: 119 .S~BACKS FRONT: REAR: 20.00 ;R: SEPTIC WATER: ~TACT NAME: ROLAND CONTACT PHONE: I941~417-9636 LEFT: 7.50 RIGHT: 7.50 WELL Per Collier CourtS' Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions ofthis permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permitteeis) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUc'ItIRE, FEDERA AND STATE LAWS REQUIRE THE PERMITFEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE C THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS T~ YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEYcoMMENCEMENT.BEFORE RECORDING YOUR ? C,''r'''-'~'.n*.~~ ~'"'" I APR 0 8 2003 p,. 1'2. ATTACHMENT "C" Iii OVOB Nb'VO AIN~) I_ ~ nj I ONINO ' Riviera Go If Estates Homeowners Association, Inc. 425 Charlemagne Blvd., Naples, FL 34112 Telephone 941-775-3573 Fax 941-775-4643 July 18, 2002 Collier County Government Development Services Center 2800 N. Horseshoe DHve Naples, Florida 34104 Dear Sirs: This letter is to inform you that the variance has been reviewed and approved by the Riviera Golf Estates Homeowners Association and the Architectural Review Board for Lot number 489, 109 Bordeaux Circle, Naples, Florida. The homeowners of the property are Roland and Stella Ricard, they purchased their home in September of 2001. Sincerely, For the Board of Directors and The Architectural Review Board Marilyn Coleman Office Manager '55' Co~,enant ttesn'i~ted Comm. ni~ APR 0 8 2003 " ..... ATT__ACHMENT "E" ,Map Output Page 1 of 1 ATTACHMENT "F" APR I] 8 20(B =ccpa_design&ClientVersion=3.1 &Form=Tme&E~7/22/2002 ATTACHMENT "G" ATTACHMENT "H" 2O03 ATTACHMENT "I" VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTI~ ZON'IlqG D~STRICT) Petition No. Commission District: Date Petition Received: VA-2002-AR-3418 PROJECT #2002080023 DATE: 12/3/02 Plann~ Assigned: DON SCHNEIDER ABOVE TO BE COMI'L~'r{~D BY STA~ GENERAL INFORMATION-',, Petitioner's Name: ~ Petitioner's Address: ~/~ Fax#: Agent's Name: Agent's Address: Telephone: E-Mail Address:, Fax#: Telephone: E-Mail Address: ~ APR 0 8 2003 ' COLLIER cOUNTY cOMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: ~ Mailing Address /-/g~ff'ff~e~z/Zg~f City~ State.~.--ZiP~3¥//~- Name of Homeowner Association: Mailing Address City State , Zip Name of Homeowner Association: Mailing Address City State Zip Name of Master Association: Mailing Address City State Zip Name of Civic Association: Mailing Address City State Zip PROPERTY DESCRIPTION:. Legal Description of Subject Property. Subdivision: j~; d/'ff /~ ~.~//"3 c~7~l'~3Unit Section ._J_7, Twp. _O'-'0 Range Lot(s)~Bloek(s) Property I.D. # Acreage Number: Metes & Bounds Description: Address of Subject Property: ~ (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE N S W E Minimum Yard Requirements for Subject Property:. Front: Comer Lot: Ye~ ~ Side: Waterfront Lot: Yea D Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property, when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary, how existing encroachment came to be; etc. APR 0 8 200~ Please note that staff and the Collier County planning Cou~i~ission shall be in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. -' Are there special conditions and circumstances which do not result from thc action of thc applicant such as pre-existing conditions relative to thc property which is the subject of thc variance request. o Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if ~mted, be the minimum variance that will make poss~vle the reaso~ble use of the land, builrlinE or structure snd which promote standards of health, safety or welfare. APR 0 8 2003 Will granting the variance requested confer on the petitioner any special cge that is denied by these zoning regulations to other lands, buildings, or siructures in the same zoning district. Will granting the variance be in harmony with thc intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise dctrimcntal to the public weffare. Are there natural conditions or physically induced conditions that ameliorate the goa~s, and objectives of the regulation such as natural preserves, lakes~ golf course, etc. Will granting thc variance be consistent with the growth manageme~ pbm. VARIANCE PETITION APPLICATION SUBMI3~FAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS # o COPIES REQUIRED 1. Completed Application 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Application fee and Data - Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements- - As thc authorized agent/applicant for this petition, I attest that all of the information indicated on this checldlst is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Agent Signature Date I APR 0 8 2003 AFFIDAVIT We~l, l~f~N/ cp~.]~Ift~ ~?t~L~ ,_~3~-~'i~being first duly sworn, depose and say that we/I am/are the owners of the prOPerty ~{eScribe'd herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner W'e/I further authorize ~'-~'--- to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printeaf Name of Owner Signature oJrpr °Perty -Ow~e~' ~ Typed or Printed Name of owner The foregoing instr!tment was ac.l~no~led_ged before me this ] ~ day of ~- r~ , l~by ~.la.,,/~.e~,/~ ~e/~ ~e;,~..who is personally known to me or ~as produced ~2 6 ~ - ~- 2 ~-oP;-o as identification. State of Florida County of Collier (Print, Type, or Stamp c,o~f3 I It APR. 0 8 200 ~Riviera Golf Estates Homeowners Association, Inc. 425 Chart~ Bltnt, Naples, FL ~4112 TeL, phone 941-775-3575 Fax 941-775-4643 July 1 $, 2002 Collier County Government Development Services Center 2800 N. Horseshoe Drive Naples, Florida 34104 Dear Sirs: This letter is to inform you that the variance has been reviewed and approved by the Riviera Golf Estates Homeowners Association and the Architectural Review Board for Lot number 489, 109 Bordeaux Circle, Naples, Florida. The homeowners of the property are Roland and Stella Ricard, they purchased their home in September of 2001. Sincerely, For the Board of Directors and The Architectural Review Board Marilyn Coleman Office Manager IAPR 0 8 200,3 RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2002-AR-3418, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and eatorce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of 1.5 feet variance fi.om the required rear yard setback of 20 feet, as specified by the Riviera Golf Estates PUD Ordinance No. 78-58, Section t-2-A-3, to a setback of 18.5 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zomg Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-3418 filed by Roland and Stella Ricarfl, with respect to the property hereinafter described as: Lot 489, Riviera Golf Estates Unit 2, Section 17, Township 50 South, Range 26 East, Collier County, Florida. be and the same hereby is approved for a 1.5 feet variance from the required rear yard setback of 20 feet, as specified in Riviera Golf Estates PUD, Ordinance No. 78-58, Section 1-2-A-3, to to 18.5 feet as shown on the attached plot plan, Exhibit "A' of the PUD Zoning District xvherein said property is located, subject to the following conditions: Exhibit "B~ BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3418 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form --an4. Legal Sufficiency: ~. ~,.." ~.,_ i/..~ .-,t. Patrick G. White Assistant County Attorney TOM HENNING, CHAIRMAN VAKI2 -AR-34.18, ,~.'lD Z CN'ld), t, 8'~'Ol VA-2002-AR-3418 PROJECT #2002080023 DATE: 12/3102 DON SCHNEIDER Exhibi~ 'iRIl CONDITIONS OF APPROVAL VA-2002-AR-3418 a) b) c) This variance is for the encroachment shown in Exhibit "A" only. Any further encroachments will require a separate variance request. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. APR 0 8 2003 Sheet I of 2 AVPLAT2003-AR3636 EXECUTIVE SUMMARY PETITION AVPLAT2003-AR3636 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 10 FOOT WIDE DRAINAGE EASEMENTS LOCATED IN TRACT "P", ACCORDING TO THE PLAT OF "TARPON BAY" AS RECORDED IN PLAT BOOK 36, PAGES 28 THROUGH 31, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON A PORTION OF TRACT "P" OF SAID "TARPON BAY." LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate two 10 foot wide Drainage Easements in Tract "P" and to accept a 10 foot wide relocation Drainage Easement on a portion of Tract "P" of said "Tarpon Bay." CONSIDERATIONS: Petition AVPLAT2003-AR3636 has been received by the Engineering Services Department from Michael Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, WCI Communities, Inc., requesting the vacation of two 10 foot wide Drainage Easements located in Tract "P." When Tract "P" was platted it had not been determined exactly where the proposed buildings were to be located. Now that the exact location of the proposed buildings have been established, it was found that two of the proposed buildings need to be constructed over a portion of the platted Drainage Easements. This requires that the two 10 foot wide Drainage Easements be vacated and a 10 foot wide relocation Drainage Easement be accepted. Only one 10 foot wide Drainage Easement is required to replace the two ! 0 foot wide Drainage Easements requested to be vacated. The Petitioner owns all lands within 250 feet of the Drainage Easements. Letters of no objection have been received from the following Collier County Departments: Engineering Services, Utilities, Transportation and Stormwater Management. The Petitioner is the Homeowners Association. Zoning is PUD. This Executive Summary was approved by Greg Garcia in Transportation on March 4, 2003 and by Jacquelyn Johnson in Public Utilities on March 10, 2003. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the _ Petition. ~.~~ Sheet 2 of 2 AVPLAT2003-AK3636 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2003-AR3636 for the vacation of two 10 foot wide Drainage Easements in Tract "P" and to accept the 10 foot wide relocation Drainage Easement on a portion of said Tract "P" as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the 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, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E. Engineering Services Director /for~ph K. Sc/unitt, Admiafstrator /~6mmunity Development & Environmental Services APR 0 8 2003 1 2 3 4 5 6 '7 8 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVPLAT2003-AR3636 TO DISCLAIM, RENOLFNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 10 FOOT WIDE DRAINAGE EASEMENTS LOCATED IN TRACT "P", ACCORDING TO THE PLAT OF "TARPON BAY" AS RECORDED IN PLAT BOOK 36, PAGES 28 THROUGH 31, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A I0 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON A PORTION OF TRACT "P" OF SAID "TARPON BAY." LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michael Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, WCI Communities, Inc., does hereby request the vacation of two 10 foot wide Drainage Easements in Tract "P" according to the plat of "Tarpon Bay" as recorded in Plat Book 36, Pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation Drainage Easement on a portion of Tract "P" of said "Tarpon Bay"; and WHEREAS, the Board has this day held a public hearing to consider vacating two 10 foot wide Drainage Easements in Tract "P," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLrER COUNTY, FLORIDA, that the County's easement interests over and across the following two 10 foot wide Drainage Easements are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. ,.Iq (2- 8 211B 35 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10 foot wide Drainage 37 Easement, more particularly described in Exhibit "B" attached hereto and incorporated 38 herein, is hereby accepted as a relocation Drainage Easement for the two 10 foot wide 39 Drainage Easements vacated herein. 40 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to 41 record a certified copy of this Resolution in the Official Records of Collier County, 42 Florida, and to make proper notation of this vacation on the recorded plat as refer,~nced 43 above. 44 45 46 This Resolution is adopted this after motion, second and majority vote favoring same. day of 2003, 47 48 49 5O 51 52 53 54 55 DATED: ATTEST: DWIGHT E. BROCK, Clerk 56 Deputy Clerk 57 58 59 6O 61 62 63 64 Approved as to form and legal 65 sufficiency:. 66 67 ~, ~.~~ 68 69 70 Patrick G. White, Esq., 71 Assistant County Attorney 72 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Herming, Chairman APR 08 2 :3 O' 20' SCALE: I' = 40' TARPON %A ¢! TRA C T 'P " (TARPON BAY, Pl..~T BOOK ..~ PAG~ DRAINAGE £ASF_M£H S 85 N EXI'II~IT "A" SHEET 1 OF 2 COMMENCEMENT NORTHEAST CORNER OF TRACT 'POINT OF BEGINNING TRACT "H" (TA~O~ BAY, PL~T BO0~ J$. PA6~'S 28-JU CURVE DA TUM DEL.TA BEARING LEGAL DESCRIPTION A 10 FOOT ~dOE STRIP OF' LAND LOCATED IN TRACT "P" OF TARPON BAY AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBUC RECORDS OF COLLIER COUNT~t~, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW~: COMME~IC~ AT I'HE NORTHEAST CORNER OF TRACT "P', OF TARPON BAY AS RECORDED AT PLAT BOOK J$ AT PAGES 28 THROUGH .TI OF THE PUBLIC RECORDS OF COLLIER COUNT~, FLORIDA; THENCE RUN S 41t26'26' W. ALONG THE SOUTI~ERLY LINE OF SAIO TRACT 'P", FOR A OISTANCE OF 126.96 FEE~' 17qENCE RUN N 48'33'$4' ~. ALONG SAID SOUTHERLY LIN~, FOR A DISTANCE OF G2.2! FEET TO THE POINT OF' BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUE N 48'$3'34' I~, ALONG SAIO SOUTHERLY UN~, FOR A DISTANCE OF 8.41 FEEI~ THENCE RUN S 85~6'0~" W, ALONG SAID SOUIT'iERL Y LINE, FOR A D/STANCE OF 3.27 FEET: THENCE RUN N 05'09'53' E FOR A D/STANCE OF 130.45 F.EET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TARPON 8AY DRIV~ NORTH (A 40 FOOT IMDE RIGHT-OF-WAY), TIlE SAME BEING A POINT ON A CIRCULAR .CURV~ CONCAI,~ SOUTH, WHOSE RADIUS POINT BEARS S 0779'II" W, A DISTANCE OF I80.00 FEET THEREFROM; THENCE RUN EASIERLY ALONG SAIO RIGHT- OF-WAY LINE AND THE ARC OF SAID CURI/E TO THE RIGHT, HAVING A RADIUS OF' 180.00 FEET, THROUGH A CENTRAL ANGLE OF' 0J'11°25'', SUBTENDED 8Y A CHORD OF I0.02 FEET AT A BEARING OF S 81'05"07" E. FOR AN ARC LE. NGTH OF I0,02 FEET TO THE END OF' SAID CURVE; THENCE RUN S 03'09°53" W FOR A DISTANCE OF' 134.20 FEET TO THE POINT OF' BEGINNING OF THE PARCEL OF' LAND HEREIN DESCRIBED, CONTAINING 0.030 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. BEARINGS HEREON REFER TO TARPON BA Y, ACCORDING TO THE PLA T THERE°F.. AS RECORDED IN PLA T 800K 36 AT PAGES 28 THROUGH Jl OF THE PUBUC RECORDS OF COLLIER COUNt'S, FLORIDA. DISTANCES HEREON ARE IN FEET AND DECIMALS THEREOF.. O. GRAOY MINOR d~ ASSOCIATES. P.A. , P.S.M. ,il5223 STAT~ OF FLORIDA 2003 O' 25' 50' SCALE: 1° TARPON BAY DRIVE NORTH TRACT "P" POINT OF BEGINNING EXHIBIT "A' SHEET 2 OF 2 AVPLAT2003-AR3636 POINT OF COMMENCEMENT NOR~H~A.~ CORNER OF ~?ACT "P' OF' TARPON BA Y, PLA T BOOK PAGES* 28-$t. 63. )7' 74' s 62' 9' r w TRACT "H" O.$T 0'.~,o, ~r. ~.~r ~ ~ ~ A ~0 F~T ~DE S~IP OF LAND LOCA~D IN ~ACT 'P' OF TARP~ ~AY AS REC~O~ IN PLAT p~RnCU~R~ ~ O~SCR~eEO ~S ~0~: AT PAGE~ 28 ~R~ 31 OF ~E PUBLIC RECTOS OF C~UER C~N~ ~IDA; ~ENCE RUN S 41~6'26' ~ ALONG ~E 50U~ERLY LINE OF SAIO ~ACT *P~ F~ A ~STANCE 726.96 FEE~' ~ENCE RUN N 48'33'34" · AL~G SAID 5~ERLY LINE, FOR A DIST~ ~ 70.62 ~E~ ~ENCE RUN S 85~6'04' AL~G SAID S~ERLY LINE, FOR A DISTANCE ~ ~3.07 ~E~' ~ENCE RUN $ 83~6'33" ~ AL~G SAID SOU~ERLY LINE. FOR A DISTANCE OF 70.74 FEE[' ~CE RUN S 62'39'37' ~ ALONG S~D LINE, F~ A DI~TAN~ ~ 0.37 ~E~ TO ~E P~HT ~ 8E~IHG OF ~E PARC~ ~ LAND HEREIN DES~IBEO; ~EN~ C~NUE S 62'39'37' ~ AL~G SAID S~ERLY UHE, F~ A DISTANCE OF 10.21 FEE~ ~EN~ RUN N 15'34'30' W F~ A ~SY~ ~ I35.57 ~r TO A P~NT ~ S~ERLY RIGHT-~-WAY LINE ~ T~ffi BAY ORI~ Nffi~ (A 40 F~T ~ RI~T-~-EAY), SA~E BEING A POINT ~ A CIR~L~ ~R~ C~CA~ ~0 ~E S~EAS~ ~0~ RA~US PffiN~ BEARS S 16'4l'55' ~ A DIStAnCE ~ 255.~ ~ET ~ERE~; ~ENCE RUN N~EAS~RLY AL~G S~D RI~T-~-WAY LINE ~D ~E ARC ~ SA~ ~R~ ~ ~E RI~ HAHNG A R~IUS ~ 255.~ ~R~H A CEN~AL AN~ ~ 02~4'4~ SUB~NDEO BY A CH~O ~ I0.~ ~ET AT A BE~WG N 74~5'30' E F~ AN ARC LENG~ ~ I0.~ ~T TO ~E ~D ~ SAID ~R~; ~ RUN S 15'34'~' E F~ A DISTANCE ~ 133.49 FEET TO ~E P~NT ~ BE~NNING ~ ~E P~C~ ~ LANO HER~N DESCRIBED, c~T~NI~G 0.031 ACRE~ M~E ~ LESS. ~IS pR~ER~ IS SUB~Cr TO EASEMENt, RE~RVA~ONS ANO/~ RES~ICV~S ~ BEARINGS HEREON REaR TO TARP~ BA~ A~DING TO ~E PLAT ~ERE~ AS REC~D~ IN BO~ 36 AT PA~S 28 ~R~ 31 ~ ~E PUBLIC REC~DS ~ C~UER C~N~ DISTANCES HERE~ ~E IN ~T AND DEOMALS PR 08 o' 25' 50" SCALE." 1' ,, 50' TARPON BAY DRIVE NORTH /~-'-- TRACT TRACT "P" DRAINAGE EASEMENT EXHibIT "B" SHEET I OF I AVPLAT2003-AR3636 POINT OF COMMENCEMENT NORI'HEAST CORNER OF TRACT 'P' OF' TARPON BAY. PLA T BOOK 36. PAGES 28-31. 43.~ .07' POINT OF TRACT CURVE DA ~M ~G~ D~C~ON I C2 255.00 I ~0.20' [ 02~7'J1" Pa20' N 74V4'~" ~ 10 goor ~OE SmlP ~ LANO L~A~O IN m~cr "P' or TARPON BAY AS REC~O~ IN P~AT AT PAGES 28 ~R~GH 31 ~ ~E PUBLIC RECORDS OF COLLIER COUN~ ~ORIDA. BEING pARBCULARLY DESCRIBED A5 F~LO~: COMM~ AT ~E NOR~EAsr cORNER OF ~ACr 'P' OF TARP~ BAg AS RECEDED IN PLAT BO~ AT PAGES 28 ~ROU~ Jl OF ~E PUBUC RECORDS OF COLLIER COUNTE ~IDA; ~ENCE RUN S 41'26'26' ~ ALONG ~E SOU~ERLY UNE OF SAID ~ACT 'P~ FOR A DISrANCE 12~.9~ ~E~' ~ENCE RUN N 48'JJ'J4" · AL~G SAIO SOU~ERLY LIN~ FOR A DISTANCE ~ 70.62 ~EE' ~ENCE RUN S 85~6'04' AL~G SAID 5~ERLY LIN~ F~ A DISTANCE ~ 63.07 FEE~ ~EN~ RUN S 8J~'33' ~ SAID S~ERLY UN~ F~ A DISTANCE ~ 4J. 68 FEET TO ~EP~NT ~ BE~N~G ~ ~E PARCEL OF LAND H~EIN ~5~IBED; ~EN~ ~NUE S 8J~6'J3' ~ AL~G ~lO S~ERLY LINE, F~ A DISTANCE ~ 10.69 ~E~ ~CE RUN N 27~7'17' W FOR A DISTANCE OF IJB.~ ~T TO A P~NT ~ S~ERLY RI~T-~-WAY UNE ~ TARP~ BAY DRI~ N~ (A 40 F~T ~ RI~T-~-WAY), SAME BEING A P~NT ~ A CIRC~AR ~R~ C~CA~ TO ~E 5~EAS~ ~OSE RADIUS P~NT BEARS S 16'41'55' E, A DISr~cE ~ 255.~ ~ET ~ERE~; ~ RUN NOR~EAS~RLY AL~ RI~T-~-WAY LINE ANO ~g ARC ~ S~O CUR~ TO ~E RIGH[ HA~NG A RAO~S ~ 255,~ ~R~GH A CEN~ AN~ ~ 02~7'31' SUB~NDED 8Y A ~D ~ ~0.20 ~T AY A BERING N 74~4'3J' E F~ AN ARC LENG~ ~ I0.20 ~ET TO ~E ENO ~ SAID CUR~; ~EN~ ~N S F~ A OISTANCE ~ 140.60 ~ET ~ ~E ~NT ~ ~NN~G ~ ~E PARC~ ~ L~O HER~N DESCRIBED, c~TAINING O. OJ2 A~ES, M~E OR LE~ ~15 pR~ER~ IS SUB~Cr TO EA~MEN~, RE~RVAB~S ANO/~ RES~ICH~S ~ RECORD. BEARINGS HERE~ REFER rO TARP~ BAE ACCEDING TO ~E PLAT ~ERE~. AS REC~OED IN 80~ J6 AT PAGES 28 ~R~GH 3t ~ ~E PUBLIC RECKS ~ C~UER C~N~ ~IOA. DISTANCES HEREON ARE IN FEET AND DEOMALS ~ER~ ~, ,~ .. ' ~g : (2Jg) 947-~44 ax : i2JY) 9~]-OJ25 R2002 JOB COD~' Ta~ O~' B-Z287 (2j Attachment "B" PETITION FORM FOR VACATION OF PLATS OR OF PLATS OF SUBDIVIDED LAND PORTIONS Date Received: Petition #: Petitioner: WCI Communities, Inc. Address: 24301 Walden Center Dr. City/State: Bonita Springs~ FL Agent: Michael Delate~ P.E.Q. Gradv Minor and Assoc., P.A. Address: 3800 Via Del Re¥ City/State: Bonita Springs, FL Address of Subject Property: Tarpon Bav Dr. North Location: Section 30 Township 48 Range 26 Legal Description: :Ig~t-'l~' ~-~7' Block Unit Reason for Request: Telephone: 947-2600 Zip Code: 34108 Telephone: 947-1144 Zip Code: 34108 Subdivision: Tarpon Bay Plat Book 36 Page(s)~ 28-31 Vacate drainage easements that Ko throuuh oroposed buiidinl~,q Current Zoning: PUD Does this affect density? No · ~ , I hereby authorizeX~g~nt aboyA(to represent me for this petition: [] Yes [] No og~auei-"~- ti-re ~f PetitiOner -~4 10 - Z Z - O ~ Date Rick Mercer Print Name Vice President (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate principals. (4) List ali other owners. Attachment "B" Page 1 of 4 Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners ITrans Number 381394 IDate 1/22/2003 8:14:10 AM Post Date 1/22/2003 Payment Slip Nbr AR 3636 Appl Name: Q. GRADY MINOR & ASSOC. Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: MICHAEL DELATE 3800 VIA DEL REY BONITA SPRINGS FL 34134 Proj Name: TARPON BAY Type: RMF TAZ: 38 Subdiv Nbc 3351 Project Nbr: 19990848 Payor · BAY COLONY GATEWAY Fee Information Fee Code I Description 12TRVC REV ACCT/VAC EASEMENT-ROW IGL Account 11313832032910000000 Total Amount Waived $1000.00 $1000.00 Payments Payment Code 1 Account/Check Number Am°untI CHECK 00106701 $1000.00 Total Cash l $0'00 t Total Non-Cash I $1000.00 I Total Paid f $1000.00 ] Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD.Plus for Windows 95/NT APR 8 8 2£?3 Property Appraisers Parcel Identification (Folio) Number(s): 00z9684006 ,' ' 2726293 OR: 2754 PG: 2946 This Insb'l. lrnent Prepared By: Scott M. Eetchum, E.~q. J~C0~)JD Jl~ l~/l~/ZO~ it Name: OoodleCte Colenan & JohnSon, P.A. ' COI$ 5015000.00 Address: 4001 Tamiami Trail North, Suite 300 JIiC Naples, F! 34103 D0C-.70 FilS? ~IDJ&If/ ~IC[ ~ Grantee(s) FID/EE) ~{$): 59-2857021 This Warranty Deed (the 'Deed') made and executed the ~ - day of ~ ,2000, by PR VI, LLC., an indiana limited liability company, and PR VII, L.L.C., an Indiana limited liab~ity company both having a place of business at 77 West Wacker Drive, Suite 4200, Chicago, Illinois 60601 (collectively the 'Grantors'), to WCi COMMUNITIEs, INC., a Delaware corporation, having a place of business at 24301 Wa/den Center Drive, Bonita Springs, Florida 34134, ('Grantee') (whichever used herein the terms 'Grantors' and 'Grantee' include all the parties to this instrument and the heirs, lega/representatives and assigns, ass~;;Fts of individuals, and the successors and assigns of corporations). WITNESSETH: That the Grantors, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and contirms unto the Grantee, all that certain land situate in Collier County, Florida, viz: Exhibit "A" as to the property owned by PR VI, L. LC., attached hereto and made a part hereof; and Exhibit "B" as to the property (91.30+ acres) owned by PR VII, L.LC., attached hereto and made a part hereof. SUBJECT TO real estate taxes for 2000 and subsequent years; zoning and use restrictions imposed by governmental authority;, restrictions, reservations and easements of record, if any;, and outstanding oil, gas and mineral interest of record, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantors hereby covenants with said Grantee that the Grantors are lawfully seized of said Property in fee simple; thai the Grantors have good right and lawful authority to sel/and convey said Property;, that the Grantors hereby fully warrants title to said Property and will defend same against the lawful claims of all persons whomsoever ' IN WITNESS WHEREOF, Grantors have caused these presents lo be executed In their respective name, by their proper officers thereunto duly authorized, the day and year first above written. Signed and delivered in the presence o~. Name:- (,- (.,.~,, Name: "~.,.~ - Name: Name: PR Vi, LLC., an Indiana limited liability company By: PRIME RESIDENTIAL, LL.C., an Indiana limited liability company, its Sole Member By: ~ Michael E. Norlman Its: Vice Presidenl PR VII, L.L.C., an Indiana limited liability company By: PRIME RESIDENTIAL, LLC., an Indiana limited company, its~..~lJe,Mern h~,r Michael E. Nortman Its: Vice President OR: 2754 PG: 2947 STATE OF '" ) COUNTY OF ('_ ~ Jo- ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Michael E. Nortman as Vice President of Prime Residential, EL.C. an Indiana limited liability company, as Sole Member of PR VI, LL.C. an Indiana limited liability company, to me know to be the person described in and who executed the foregoing deed, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corpm'aUon. He is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this ~ . day of ~.~f.~s,~, 2000. My Commission Expires: STATE OF ~[~-- ' ) COUNTY OF ~ ) Print Name: LISA STINER ~ PUeUC, eTATE OF ILUNO~ .~ I HEREBY CERTIFY that on this day, before me, an officer duly authorize.d in the State and County aforesaid to take acknowledgments, personally appeared Michael E. Nortman as Vice President of Pdme Residential, L.L.C., an Indiana limited liability company, as Sole Member of PR VII, EL.C. an Indiana limited liability company, to me know to be the person described in and who executed the foregoing deed, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation. He is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this dO1~ day of 0~z,~._~_, 2000. My Commission Expires: ~-.3--/.o~ Print Name: C,; .4 ~.~,ea..- Notary Public APR 0 8 2003 OR; 2754 PG: 2948 CERTIFICATE OF SECRETARY The undersigned, being the Secretary of Prime Residential, L.L.C., an Indiana limited liability company (the 'Company"), hereby certifies the following on behalf of the Company: I.. That the undersigned is the current Secretary of the Company and is familiar with the books and records of the Company. 2. That the undersigned has reviewed and inspected the books and records of the Company and has personal knowledge of the contents thereof. 3. That the' Company is the sole member of both PR VI, L.L.C., an Indiana limited liability company ("PR VI") and PR VII, LLC., an Indiana limited liability company ("PR Vn"). 4. That the undersigned Secretary is also the Secretary of PR VI and PR V II. 5. That the corporate books and records of the Company reflect that the sale by PR VI of certain real property located in Collier Couaty, Florida as more particularly described on Exhibit "A' attached hereto has been duly authorized and approved by all the members and the Board of Managers of the Company, as the sole member of PR VI, and that Michael Nortman, as Vice- President of PR VI, has been authorized to execute all documents necessary to effectuate the foregoing sale. 6. That the coq:orate book~ and records of the Company reflect that the sale by PR VH of certain real property located in Collier County, Florida as more particularly described on Exhibit "B' attached hereto has been duly authorized and approved by all the members and the Board of Managers of the Company, as the sole member of PR VII, and that Michael Nortman, as Vice-President of PR VII, has been authorized to execute all documents necessary to effectuate the foregoing sale. 7. That corporate books and records of the Company reflect that the foregoing sales referenced ia Paragraph 5 and Paragraph 6 hereof do not constitute substantially all of the assets of the Company. (Pa~ I ~ 2) APR 0 8 2003 OR: 2754 PG: 2949 That Michael Nortman is the Vice-President of the Company. The has been no dissolution of the Company. Secreta~, L.L.C. STATE OF -/-'-- ' COUNTY OF d.oo ~ The foregoing instrument was acknowledged before me on this~g~ day of December, 2000, by"~A~ Co,.,t,,t£ccc~_ , as Secretary of Prime Residential, L.L.C., an Indiana Limited liability company, ol~ehalf of the Company. N ~ff~ry Pablic Print Name: ~Fadat,.~g.. /~4¢C t~'~¢~ e.J State of ~. My Commission Expires: JENNIFER D MCCRACIkt: ~ (Pa~¢ 2 of 2) ORi 2754 PG: 2950 LEGAL DESCRIPTION DESCRIE~ AS FOL~O~: ~ A r rile SOUIHEIST CORNER OF rile NORTHEAST I/4. OF ~CE~ JO, ~SHiP 48 SOU~ RAN~ 26 EASE C~ COUN~ ~A;' ~ S~/O SECUQN JO ~R A DISTANCE OF JO. 02 ~0~ ~ D/S~NC[ O~ iJOS. E8 ~EE~' ~CE RUN D/STANCE OF 60.0~ ~ET ~ AN IN~RSECU~ NOR~EASr ~/4 ~ SMO ~CU~ JO; ~CF RUN S 02~67~"i~ ~ONG ~NO HEREIN CONTAINING L7£8 ACRES. ,WO~ OR LESS. ?~bit "A'~ Deed APR 0 8 2003 " *** OR: 2754 PG: 2951 .. 'PROPERTY DESCRIPTION A ;=ORrION OF ';"HE so~zrHE',~$r b/4 TOGETHER WITH .~, PORTION OF NORTHEAST l/4 OF ~C~;ON 30. rO~NS~/~ 4a $OUr~. R~N~ Z~ g~$L. COLL,E~ COUNT}', FL ORIDA. BEING MORE PAR nCULARL Y D~SCRIBED AS FOLL 0~S: . ¢fG;N AT ~HE.~OUT~ST'CORNER OF.THE,SOUTHEAST l/4 OF SECTION 30... rOFN$~P 48 SOUTH. RAN6E Z6'EASr, COLLIER COUNTY. FLORIDa: rHENCF RUN ~ S a9'~$'0~' ~, ~LONG TH~ 50UTH LINf OF THE $ourHf~$r I/4 OF ~EC~ON 30, FOR A DISTANCE OF 1~8F. 09 FEET rO AN INTERSE~FION FITH .E~3rERL r RIgHT-OF'FA ~,OF./NTERETA ;'E.NO. 75 (A VARIABLE FIDrH-LIMi~EO . ~ CCF$S R/EH T-OF~ F~ Y); T~NCE RUN THE ~FOL L 0 ~ING THREE (3) C OUREES ' DIS TANCF5 AL ONe RAID ~A $ TERL Y RIgH T-OF- F~ Y L IRE: COURSE NO, l: N 19'OZ~E' ~, 110.4~ FEET TO THE BEGINNING OF A ~ANGENTIAL CIRCULAR CURY~, CONCAVE NORFRE~5~ERL Y: COUREF NO. Z: NORrHERL Y, ~LONE THE ' ~RC OF E~ID CURVE TO rile RIGHT,. H~ VIHG A 'R~DIUS OF F4F?.44 FEET, . '. THR~GH A C[NTR~L ANGLE' OF 1E'17'4~ SUBTENDED BT A CHORD OF FEET AT A BEARING OF N 09'37~E' F..FOR ~N ARC LENGTH OF Z3a7.7~ FEET TO T~E END OF SAIQ.C~V~:. COURSE NO. 3: N 00'28'5F' ~, 4E. 73 FEE~; THENCE RUNN E~~35'43' E FOR ~ Dr5 r~NCE OF 613.90 FEET; TMEMCE GUN . ~ 44'JS'43"E FOR ~ DISTANCE OF 282.59 FE~: Th'E~CE RUN. N 85"35'43'E · FOR ~ DISTANCE OF 7E7.19 FEET TO ~N I$iTERSECrlON W/rH. THE E~S~ L~'OF ': ' . rh~ NORTME~5T ~4 OF 5~lO $ECTION 30; THENCE RUN S O~'J6~O' E, ~LgNG .."" OF THE NORrHEAST I/4 OF SAID SECTION 30, FOR ~'DtSYANCE ' OF 3~OZ FEET rO THE NORTHEAST CORNER OF THE SOUTHEAST ~4 OF ~lD · SEC TIO,Y 30; .THENCE RUN S OZ'J 4 '59" E, ~ LONG' THE E~ S T'LIME O~ THE · .: SOUTHEAST ~4 OF S~ID SECTION dO, FOR ~ DIEr~NCE OF 2669.84 FE~T.~O THc POINT OF EEGINNING OF THE P~RCEL .OF L~ND HEREIN OESCRIEED. ' CbRT~/NING 5~30 ~CRES. MORE OR LE5~. :~' : · ~. '"' APR 0 8 2003 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION Name;.]~WCI COMMUNITIES INC Address:~'~4301 WALDEN CENTER DR Address:il Address11 Address~! Address:llBONITA SPRINGS, FL 34134-4920 VALUE/EXEMPTIONS Taxble Value:Il301280 Millage Code:Il047 Homestd Ex:Ilo Agricltr Ex:Ilo widow Ex:Ilo B,nd Ex:Il0 Disab~ed:ll0 Veteran Ex:Ilo Who,,y Ex:ilo civ, ian Ex:IlO TAX INFORMATION3 Coun~"~.- [1,1711.S7 schoo~ st:lit,al 0.27 schoo~ Joc:llm.aa city Tax:llo.oe Depe~t:l124a.~o Water:]l~s&62 Independ:]1336-44 J J Vo~er Appr:JJe.0? Gross Tax:JJ4,00S.SS ^..~ee:ll0.oo I r Adverlising:ll0'O0 I PROPERTY INFORMATION 'iPa'c'~:ll7r~s°°°"" II ^c,e:ll3~o LegahIITARPON BAY J LegaI:JJTRACT p PAY TERMS PAYMENT INFO Paid DI'"~.' I~ 1/27/02 I Recpt:JJ6384S Jan:lla,s2s.s~ Feb:l[a,966.88 I I ^.r:llo.oo I Mav:IIo.o0 3,846.67 Mort:Ilo STATUS INFO. Non ^~ Va:liN Installment:JlN Deferred:liN Bankru N TD^:iFo -- Last Updated: 1/22/2003 5:00pm DEDIC,4 TIONS z SS: £'2c.,', ': ~;' _EE ) ~"vj'm .4L, .4zE, V 9." L~'ESE PRES~NZS THA? ItC; C~WUhTTiES IHO, A DELAWARE C~PORA 7wE ~[~ OF THE LANDS OEO~BED HERE~, WAS CAUSED THIS PLAT OF TARPON A SuBBWg~ L~ATED IN ~E EAST HALF ~ SECTt~ ~, TO~IP 48 S~TH, ~ANCE SL~uER COUNT~ FLORIDA, TO BE WADE AND DOES HE2EBY WAKE ~E F~LOmNO 9E g.,c~A TIONS ./,eESERVA TI~S .' TIOiV: 28 EAST. 4.l TO TIlE COLLIER COIINTY IW4 TER..IEIIIER ~I~T~C,T : : '...~ "~ PO~4BZE WA TER AND SEI~ER FAC/L/tiES CONSTRUCTED ~TH/N 7H/~ PLA TTED AREA, uP~ ACCEPTANCE ~ THE IWPROVEWENTS RE~IRED BY THE LANO ALL OObN,ry UnZzTW EASEWENTS (C.U.E. 'S) ruTH JY_O RESPONSIBILITY FOR WAINTENANCE. ~1 CO~WUmTES ~NC., A OELA~ARE CORP~ATION, IT~ SUCCESSES ANO/~ 459Ch:5. ~LL BE RESP~gBLE FOR THE COST OF ANY ANO ALL REPAIRS. REPLACE,~ENT ~A,',N'TE.N'A,~,'CE OR RESTORA fiON OF THE COUNTY UTILITY EASEl, CENTS (CUE. 'S). _ 4~..4~ .2 ~AWTE~'A'YC~' E4SE~E,~TS ~TH ~ RESP~/L.'TY FOR ~A/'>~TE.N'ANCE. : C.! TO IT'S , ,, IWCl CO~TIE$ I~.. A I~LAI~A~ CO~ATION, · ~,,- ~'E;~ONS/B/L/r~ F~ ,H~ .~A~,ENAhCi THEREOF SL.,SJECF ;3 EASEMENTS ,..:eEkN.4F,.R ~f, :ORT~. ..L-,~:.E~ 2,,>U~, r~ ~AS ~ ~AINT~NANCE RESPON$'B/L/TY ~1~' RESPE2T T~EeEOF ~e~CFS "' .... ~" AND ~-~ AS ~FE,e w~CE~ENT A~E~S, ~,~' RESP~N~'BiL, Fy FO~WA,h"TJ~'N~,~"'~.. 4L~ 2N4.N~JE EAb?wENFS ~ITH .eESPONSIB/L/FY F~ WAINTENANCE. ' 4~ ~4.<E ,V~N~N~NCE EASEWENFS (L.W.E) ~:~ ,eE~gBIL/rY roe ,u~/~zE~NCE. ~: .:e~2'5 'C" T~R~'~ "~" ~TH RESP~gB/L/TY ,r~ ~AIN~NANCE. 4,: ~i~EWA:K EA~ENTS (~E.) ~TH RESP~S/B/L/FY F~ MWN7E,~ANCE. ~. .A,N~5~4PE ~UFr~ EA~ENTS (L.B.E.) ~TH RE~SIBILiTY F~ MAtNTENANC~ -.r ,,--;- ,R..~, "C ~T~ RE~B/L/TY FOR MAINTENA[~? fl.) TO COLLIER COU~ITY AN~ ~ Ill~Ttl ~.m~$ FEIE ~T~T : , 4,~ ,4~bb~c -- [A~-~ENT O~R TRACTS ~4 "AND "~" AND THE 4CC~SS E4~ENT AS ~ :~ %'E PURPOSE OF PERWtTTINC EWER~Z~CY ANO ~ER~CE ~N;'CLES ACCESS ':~-',N;],RESS AND {~E~S TO TRE PLA rTE3 4REA AND FU~c"RE ,TRACTS. E.I.TO ALI. LIC, EIII,~E~ OR ~ ,e¢,l~ll~ OR MEI~IA TE UTILITIES, ,~¢~IECT TO ~llfdl"lO~ IY I~1 COIIIIitI~T"~I E~I~,., A ~LAIW41IE COftPO~A~ APR 0 8 2003 ,., / /' / / I I I I I I I X ~0' D.£ 1 O' 70. 74 ~' w 63.07' 4. N \ \ \ \ ~6 7.RA ¢ 7' "bi" (OPEN PACE/ DRAINAGE CAS~YENr/ INDIGENOUS AREA) 144.78'. O 85'45'20 C N 88:3'3'/I" 129.21 '(E) 91. 46' TRACT (FUTURE DE~EL OPYEN I) TRACT. "0" (FU TORE DE ~EL OPYEN T) W _ _ C89 C22 O63 I5. I0' RUE, L.8.£ & S£ 10' CUP, I c~ I I APR 0'8 2003 AssEssMENT HAP COLLIER C.~U, NT~ FLORIDA 3B 30S APR 0 8 2003 II IldJJ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITI-L P.F_- DAVID W. SCHMITr, P.E. MICHAEL J. DELATE~ P.E. NORMAN J. TREBILCOCK, A.I.C.P., P.F. October 21, 2002 D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANDOVAL, P$.M. ALAN V. ROSEMAN Mr. John Houldsworth ' Collier County Engineering Review Services 2800 N. Horseshoe Dr. Naples, FL 34104 Tarpon Bay Phase 2 Vacation of Drainage Easement Letter of No Objection Dear Mr. Houldswoth: We are in the process of vacating drainage easements that have been dedicated in a plat at the above referenced prOject. This property is currently vacate and will soon be developed into residential condominiums. The easements are for drainage from inlets to a lake onsite. A replacement easement will be recorded. Collier County is requesting a letter of no objection from your department Please review the attached. If you have any questions, please call me. Otherwise, please return this letter :o me with your signature below. Thank you for your assistance with this matter. We would appreciate your prompt response. Michael J. Delate, P.E MIDX Enclosure I have no objection to the proposed vacation. X~ b~,'~. Date: ?. \\QGM. F S2\DATA'U O B\TAR p ON~.MJD~i~h 2~1OO BJ LET DOC (239) 947-1144 · FAX (239) 947-0375 · E-Mail: engineerinb:4Jgradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 APR 0 8 2083 01/30/2003 TWO 13:17 FAX 239 947 6783 grady minor &assc. [~002/002 ~1/30/2803 13:11 94~7322585 P~SE 82 COH.1ER COUNTY PUBLIC UTILITIES DIVISION ~301 K Xamiami T. rasl ' ~ lil0r .kb ~13 - (2.59) 7/$2-2575 . lrA~ (239) November 8, 2.002 1Vlicbael .T. De:late,, P.E.. Q. Cwady~linor & Asso. ciat~s, P.A. 3800 Via DeI Ray Bonita Springs, l~loricla 34134 Tarpon Bay PI-I2 F. as~xaent Vacation De, st Mr. D¢late: This office has rev/ewcd your request to vacate a portion ofthe utility alld dra~ag,-, casememl along the east border of the lot 35, at the above mfereauced addre~. The Collier County W~ter-Sewer Distfi~ has no facilities/n the a~ea and thercfar~ has no objection tn thc vacation o~-th¢ utility ~,~a drainage easement Should you have any furth~ questions, please fo~.l fxee to conta~ me al 732-2571. Sincerely, Iacxtuelyn P,_ Johrmon cc: Paul Maltausch, Water Director loseph Ch~ Wastew .a~- D/rector Pick C~'/g/;, Land 8m'veyor, Community Development ] APR 0'8 2003 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. IvlARK W. MtNOR, c. DEAN SMn'H, P.E. DAVID W. SCHM1TI', P.E. ~flCHAEL J. DELATE, P.E.. NORMAN J. TR~~ ~I.CP~ P.E. October 21, 2002 D. WAYNE ARNOLD, A.I.C.P. ERIC V. SAIqDOVAL P--q.M. ALAN V. ROSEMAN Mr. Greg Garcia Collier County Transportation Operations 2705 S. Horseshoe Dr. Naples, FL 34104 Tarpon Bay Phase 2 Vacation of Drainage Easement Letter of No Objection Dear Mr. Garcia: We are in the process of vacating drainage easements that have been dedicated in a plat at the above . referenced project. This property is currently vacate and will soon be developed into residential condominiums. The easements are for drainage from inlets to a lake onsite. A replacement easement will be recorded. Collier County is requesting a letter of no objection from your department. Please review the attached. If you have any questions, please call me. Otherwise, please return this letter to me with your signature below. Thank you for your assistance with this matter. We would appreciate your prompt response. Michael J. Delate,..P.E. MJD\ Enclosure I ha~e no ~ropos~ vacation. ~ X . ' :__~.~//' O ~' ~,\QGM-FS2~DATAU OB\TARPON~JVUD~Ph2~IOOBJLET.DOC (239) 947-1144 · FAX (239) 94743375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 02/04/2003 TUE 9:05 FAX 239 947 6783 grady minor & assc, ~002/002 COLL ,R COUNTY TRANSPORTATION DMSION 2685 Horseshoe Drive South, Suite 212 · Naples, tlorida 34,104 o 239-7~2-2501 * Fax 239-659-5790 ENGINEERING & CONSTRUCTION MANAGEi~.NT DEPARTMENT ORight-of-Way Acquisition .'..$tormwater Management ':'Design & Engineering ':'Construction Management January 29, 2003 Mr. Michael J. Delate, P.E. Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Tarpon Bay Phase 2 Vacation of Drainage Easement Letter of No Objection Dear Mr. Delate: The Collier County Stormwater Management Section has reviewed the information submitted for the above referenced project. Thc existing drainage easements have been dedicated by pla. t, 'and th6 Proposed re_s:iden '.t!al condonfiniun). layou.ts necessitate thc vacation ' of existing 'drainage easements and replacement 'with a:new.drainag¢-eascment...All drainage casement vacations and replacement are for the private stormwater system to be mainminext by the Develop~rfHomcowncr:s'Association. Therefore, this Department has no objection with the proposed drainage easement vacation and replacement, provided that the easements_are_no~t vacated until thc replacement easement is approved by the Office of the County Attorney and ready for recording. This review did not cover impacts to thc master drainage system for Tarpon Bay Phase 2. The Engineering Review Services Department will cval-ate the effects this encroacb, ment might have in thc master drainage system and make the recommendations accordingly. If you have any questions please do not hesitate to contact my office. Sincerely, rtobert C. Wila'9, P.E. : .. Principal Project Manager-. '"' :~-:"~: ' . .:" '..'.-i · . .?'.." '. '.- ..' .... .. · . ' ' ' : . '. "..'. ~: .' :. '.1....'. ':.."...~ .... .'...' ' '." -.' ." ' · . .' - .: '. ,.7.. cc: ." '. July' C. Adarmes Minor,-P.E., Se. n ior..Engin¢~r, .st6rm~tcr. ManagCimmt ,: :... Tom Kuek, p,.E., Director, Engingcring Re~fi.eW. SC~.. '.9.e.S I~ep....a~gncnt. :...- - :,.. · Reading File ' EXECUTIVE SUMMARY VA-2002-AR-3381, DAVID M. CORBAN, REQUESTING AN AFTER-THE-FACT VARIANCE OF 16.5 FEET FROM THE REQUIRED REAR YARD SETBACK OF 20 FEET TO 3.5 FEET FROM THE PROPERTY LINE FOR AN EXISTING HOUSE CONSTRUCTED OVER A DRAINAGE CANAL AND WATERWAY EASEMENT FOR PROPERTY LOCATED AT 2832 ARBUTUS STREET, SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests an after-the-fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for the renovation and reconstruction of an existing house constructed over a drainage canal and waterway easement. CONSIDERATIONS: The existing structure on this site was built in 1968, if not before. County records from that period are incomplete. Research indicates that the house has been continuously occupied as a single-family dwelling. The house was originally constructed over water, with additions made to the landward portion of the property. Therefore the subject encroachment is being measured from the property line, which is in the water, and not the edge of water (since the house protrudes over the water). The petitioner wishes to renovate and reconstruct the single-family house, leaving the rear (waterfront) portion of the house in the same location, 3.5 feet from the property line in the water. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. APR 0 8 2003 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site is a single-family house. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on March 20, 2003. The Commissioners heard a presentation by the petitioner and County staff answered questions. The Planning Commission voted 9 to 0 to forward the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is a land related hardship associated with this variance. In addition the house has existed in its current location over the water for over 30 years and the petitioner wishes to renovate the structure. Therefore, Planning Services staff recommends that the CCPC forward Petition VA- 2002-AR-3381 to the BZA With a recommendation of approval. APR 0 B 2003- PREPARED BY: DATE REVIEWED BY: SUSAN MURRAY, AICP ~d~ CURRENT PLANNING MANAGER MARGARE'F WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: /"JOSEPH K. SC'I:IMIT'i' / D--dTE / /~.~fMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/VA-2002-AR-3381 APR 0 8 2003 AGENDA ITEM 8-D TO: FROM: DATE: SUBJECT: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES FEBRUARY 5, 2003 PETITION VA-2002-AR-3381 AGENT/APPLICANT: OWNER: David M. Corban 2832 Arbutus Street Naples, FL 34112 REQUESTED ACTION: The petitioner requests an a~r-the-fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for the renovation of an existing house constructed over a drainage canal and waterway easement. GEOGRAPHIC LOCATION: The subject property is located at 2832 Arbutus Street. PURPOSE/DESCRIPTION OF PROJECT: The existing structure on this site was built in 1968, if not before. County records from that period are incomplete. Research indicates that the house has been continuously occupied as a single-family dwelling. The house was originally constructed over water, with additions made to the landward portion of the property. Therefore the subject encroachment is being measured from the property line, which is in the water, and not the edge of water (since the house protrudes over the water). The required yards for a single-family house in the RMF-6 district are: Front: 25 feet Side: 7.5 feet Rear: 20 feet APR 0 8 2003 It has been determined that the yards are assigned as illustrated: access ' side The petitioner wishes to renovate the single-family house, leaving the rear (waterfront) portion of the house in the same location, 3.5 feet from the property line in the water. SURROUNDING LAND USE AND ZONING: Subject: Single-family parcel; zoned RMF-6 Surrounding: North East South - West Multi-family residences; zoned RMF-6 Single-family residence; zoned RMF-6 A portion of a single-family lot residences; zoned RMF-6 Naples Land Yacht Harbor; zoned MH and multi-family ~4epl~s Land Yacht Herbor PORT N ELL "'-E- VILLAS TEA. CT G 151~12 TRACT 5 TRAC 1 OZLYN GARDEN V1LLAS llt A~J'F 4 TRACI 3 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area ( and archaeological probability as referenced on the official Collier County Proba Therefore, a Historical/Archaeological Survey and Assessment or waiver is not requir~ 2 EVALUATION FOR IMPACTS TO ENVIRONMENT: TRANSPORTATION INFRASTRUCTURE AND Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The parcel is partially within a canal and the house was constructed over a canal. e Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The parcel is partially within a canal and the house was constructed over a canal. In addition, the current owner bought the property in its current condition. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. There is a land-related hardship. Without this variance, the property owner would not be able to renovate the house. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The renovated house will encroach the same or less than the existing house. Will granting the variance requested confer on the petitioner any special p is denied by these zoning regulations to other lands, buildings, or struc~ same zoning district? APR 0 8 2003 Yes, the granting of this variance will allow the petitioner to have a smaller rear yard than that which would be permitted for a similar lot in the RMF-6 zoning district. In addition, it would permit the portion of the house constructed over water to remain. e e Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or other~vise d~.trimental to the public welfare? No. The granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. It is staff's opinion that the variance will not be injurious to the neighborhood because the encroachment is existing and is oriented over the water. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The encroachment is adjacent to and over water. No objections have been received. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is a land related hardship associated with this variance. In addition the house has existed in its current location over the water for over 30 years and the petitioner wishes to renovate the structure. Therefore, Planning Services staff recommends that the CCPC forward Petition VA- 2002-AR-3381 to the BZA with a recommendation of approval, subject to the conditions in the resolution. APR 0 8 2003 PREPARED BY: F~-~I~ISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: DATE CURRENT PLANNING MANAGER MARGARF~WUERS'~LE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: ~/.O~_~__PH K. S/O~-t~MiTT / DATE' [iTMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR PetitionNumber: VA-2002-AR-33g I Collier County Planning Commission: KENNETH L. ABERNATHY, CHAfRMAN APR 0 8 2003 I l I l l OUTLINEOF STRUCTURE ABOVE I IiOI'n' ~lllll, ,ll{'llil~l~ CORBAN RESIDENCE 2832 ARBUTUS. ST. NAPLES, FL 20' 10' VA-2002-AR-338 l Footprint of existing house APR 0 8 2003 65,0 FEET 20 FOOT REAR SETBACK 1 DECK!- DRAINAGE CANAL AND WATERWAY EASEMENT I OF BANK PLAN OF LIVING AREA CORBAN RESIDENCE 2832 ARBUTUS ST. NAPLES, FL 5' 20' O' 10' VA-2002-AR-3381 Proposed footprint APR 0 8 2003 ~11 , Details Page 1 of 1 Folio NO.~ 81780320003 Owner Namell CORBAN, DAVID Current Ownership Property Address~ 2832 ARBUTUS ST ] Addresses~ 2832 ARBUTUS ST I ci~ .APLES ff State~ FL Legal~ WHITEHURSTS REPLAT N 65FT OF H W112 OF TR 4 Zip~ 3411~- 8138 Section II Township II Range ~ Acres ~ Map No. 11 II 50 II 25 ~ 0.19 II I sub.o. II 712300 I~u'e c°de II 1 WHITEHURST REPLAT II Strap No. I ~ 71230044.15A11 I Il Millage Are. ~ '~ Millage 16.0679 2002 Final Tax Roll Values Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value i (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 81,608.00 $ 30,324.00 $111,932.00 $ 0.00 $111,932.00 $ 25,000.00 $ 86,932.00 Latest Sales History Date I! Book - Page Jl 04 / 2000II 2662- 3O98 II 041 1997 ~ 2306- 539 , 04,1990 II 1519-1~9 ~ 0511985 J~ 1136-1671 ) Amount $ 165,000.00 $ 142,000.00 $ 110,000.00 $ 76,500.00 The Information is Updated Weekly. APR 0 8 2003 http://www.collierappraiser, com/RecordDetail.asp?FolioiD=0000081780320003 2/5/2003 O/ I: '"t.!L':' VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: Commission District: 4 Planner Assigned: VA-2002-AR-3381 PROJECT//2002110019 DATE: 11/21/02 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: David M. Corban Petitioner's Address: 2832 Arbutus Street Naples, FL 34112 Telephone: Fax#: 239.434.0208 239.775.9099 Agent's Name: Not Applicable Agent's Address: E-Mail Address: david@archnetinc.com Fax#: Telephone: E-Mail Address: Application for Variance Petition - 6124/02 APR 0 8 2003 Page 2 of 9 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403.2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Not Applicable Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Not Applicable Mailing Address City State ~ Zip Name of Civic Association: Not Applicable Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Section Twp. Acreage Number: 0.19 acres' Unit Range Lot (s) Block (s) Property I.D. # 81780320003 Metes & Bounds Description: The North 65 feet of the West Va of Tract 4, Whitehurst's replat, as per Plat thereof recorded in Plat Book 5, Page 1 of the public records of Collier County, Fl. Together with right of inl e~gress over the North I0 feet of the East 1/2 of said Tract 4. Application for Variance Petition - 6/24/02 Page 3 APR 0 8 2003 Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Zoning: RMF 6 Current Use: Single Family Residence Adjacent Zoning & Land Use: ZONING LAND USE N RMF 6 S RMF 6 W MH E RMF 6 Multi-Family Residential Multi-Family Residential Mobile Home Multi-Family Residential Minimum Yard Requirements for Subject Property: Front: 25' Corner Lot: Yes ['-I No Side: 7.5' Waterfront Lot: Yes Rear: 20' Application for Variance Petition - 6/24/02 Pag~ APR 0 8 2003 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Petitioner wishes to rebuild an existing single family home whose waterfront setback is 3.6 feet from the property line. The existing structure was placed on the Collier County Tax Roles in 1968. It is assumed that the home was constructed in or prior to 1968. Since that time the home has continuously been occupied as a single-family residence. Approximately 2/3 of the 1200 sf structure is located over a portion of the adjoining canal the encroaches 55 feet into the subiect property. (please see enclosed survey and site plans) Structural engineers and the applicant, who is a licensed architect, have deemed it financially and functionally unfeasible to renovate and add on to the existing structure for the following reasons: 1. pilings and past additions are structurally unsound 2. ceilings are 7'-4" 3. some habitable spaces are located below flood plain. 4. bathroom facilities are substandard. 5. railings and stairs are not per current code. The original structure was built entirely over submerged lands. Subsequent additions were all placed over land. It seems clear that the existing seawalls were placed with the intent of building an elevated structure over the water. Placement of the pilings supporting the structure indicate that the building was always intended to be a residence and not a boat house. The clearance between three rows of pilings is less than 6 feet, where historically, boat houses have been constructed with two rows of columns with 12 to 20 feet of clearance. The proposed structure will be set back from the waterfront property line 4.0 feet. The existing structure is 3.6 feet from the property line. The width of the nonconforming area will be reduced by 1'-4" from 30'-4" to 29'-0". Proposed face of the habitable area will be 15'-6" from the property line where the existing face is 9'-6", a functional decrease of nonconformity. The proposed home will be 1900 sf of habitable area. The 700 sf of area increase over the existing 1200 sf will be on the landside portion of the property and within all current setbacks. The existing and proposed encroachment is only at the waterside West property line. Required setbacks at North, East and Side are in conformity. Application for Variance Petition - 6/24/02 Page APR 0 8 2003 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Approximately 1/3 of the subject property is encroached upon by an extension of the canal adjoining the site to the West. This encroachment is at the Southwest portion of the site. An existing legal structure, continually occupied as a single family residence since 1968 is located primarily within this submerged land encroachment. The structure is 3.6 feet from the Weste~, property line. The Southern 53.5 feet of that 65 foot property line is over submerged lands. The existing seawall seems to have been constructed with the full intention of constructing ,n home over the water. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The conditions of the site are as they existed when the applicant purchased the property in 9000. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes The applicant hoped to be able to renovate and add to the existing structure when the property was purchased. However, subsequent investigations and experience while living in the existinE home have led to the conclusion that that would be impractical The proposed structure is located entirely within an area that is at seawall elevation, approximately 3.0 feet NGVD, allowing for vehicular parking below the habitable area. Because of higher site elevations to the East, moving the home further in that direction would require raising the entire structure to 14 to 15 feet above Seawall level, increasing construction costs by 10's of thousands of dollars. Raising the driveway would also be necessary, this would not be allowed for two masons: 1. The driveway is located over a drainage and utility easement. Raising the drive would adversely affect flow of storm water within the easement. 2. altered storm water flow would adversely affect the property to the North Building within the current setbacks would increase the amount of submerged lands shaded by the structure and would not allow applicant to use the site as it was originally designed and intended. Application for Variance Petition - 6/24/02 Page APR jr-jO 8 2003 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes -Existing nonconformity is reduced. -Requested variance allows applicant to take best advantage of the unique conditions of the site. -Literal interpretation of the code would impede on neighbor's ability to use his dock. -Moving the structure further to the l~a.~t would not be financially feasible for the applicant and would involve illegal alteration of the drainage and utility easement at the Northern edge of the property. -The existing structure has been a part of the neighborhood for 34 years. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No The existing structure and site conditions are unique to this property. No other residential site in Collier County has 1/3 of its buildable area located over sUbmerged lands. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes According to Section 1.8.10.4 of the Collier County Land Development Code, it is the intent of the code to allow the alteration, expansion or replacement of nonconforming residential structures without increasing nonconformity. The existing structure adds to the old Florida waterfront character of the neighborhood. The proposed structure will maintain the old Florida style and will actually incorporate wood beams and cypress siding from the existing structure. A conventional concrete block and stucco home would actually be detrimental to the character of the neighborhood. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Approximately 30% of the subiect property is encroached upon by submerged lands that form a portion of a canal. 8. Will granting the variance be consistent with the growth management plan. YES APR 0 2003 Application for Variance Petition - 6/24/02 Pa .~ ut ~ ' AFF~DAVT[' OF COMPLIANCE I hereby c~rtify that p~ant m ~in~cc 01~, Section 2.7.2.35 of ~e Co~i~ ~un~ L~d Developm~t C~, I ~ ~ve notice by m~ to ~ fo~o~ng pm~ ow~ ~d or condo~um ~d civic ass~iations at ~ cu~nt ~ess ~ sho~ by ~e ~o~ of ~e Collier County ~y App~ser, of ~ app~cadon ~quest for a rezoning, P~ ~endment, condidon~ use, v~i~, or p~ng exemption, at le~t ten days prior to ~ sch~u~ ~blic ~formation M~dng. The s~d no~ce cont~ ~c legal and or latch's description of ~e site propc~y of pro~sed ch~ge ~ ~ ~ ~ ~ ....:-- ~ - ~-~,.~-~ ~ ~ t · r ........................... ~--[: this Per attached letters and or property owner's list which are hereby made a part of Affidavit of Complinnce State of Florida County of Collier Th~re~oregoing Agreement Sheet was acknowledged before me this ~ is personality knowo to ~ who has produced as identification. day of (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC C~m L C~m APR 0 8 2003 VA-2002-AR-3381 PROJECT #2002110019 DATE: 11/21/02 FRED REISCHL AFFIDAVIT We~l, David M. Corban being first duly sworn, depose and say that we/l am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~l further authorize Not Applicable as our/my representative in~ matters regarding this Petition. .[ ' Signature o~rop'e'r'ty~Ow~'ner '1 Signature of Property Owner to act David M. Corban Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this '~ ~ day of 20o~, by _~ iA., ~ who i~~t~fy ~o--~nn ~ ?n.~or has produced as identification. State of Florida County of Collie,, - - II ,,,_~.~;'.~:.. s~n0m ~ ~ Il !1~ EXPIRES: Application for Variance Petition - 6/24/02 (Signature of Notary Publ~ - State of Florida) (Print, Type, or Stamp Comn Name of Notary Public) Page 9 ¢ APR 0 8 2003 VA-2002-AR-3381 PROJECT #2002110019 DATE: 11/21/02 FRED REISCHL October 7, 2002 Steve and Shirley Shinebarger 2840 Arbutus Street Unit B2 Naples, FL 34112 Dear Steve, Shirley and Members of the Ozlyn Gardens Board: Please be advised that it is the sender's intent to make application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: The North 65 feet of the West ~A of Tract 4, Whitehurst's replat, as per Plat thereof recorded in Plat Book 5, Page 1 of the public records of Collier County, Fl. Together with right of ingress and egress over the North 10 feet of the East ¼ of said Tract 4. The Property address is: 2832 Arbutus Street Naples, FL 34112 The subject property is bordered on the North by a multi-family residential property, on the East by a single-family home, on the South by a multi-family residential property known as Ozlyn Gardens and on the West by a canal shared by the Naples Land Yacht Harbor. It is our intent to ask the County to allow us to rebuild an existing single family home in its current location whose waterfront setback is 3.6 feet from the property line. The existing home is a legal, non-conforming structure. The non-conformity will not be increased by the new structure. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interests. I can be reached by phone concerning this matter at: 239.775.9099 David M. Corban -- I APR 0 8 2003 RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2002-AR-3381, FOR AN AFTER-THE-FACT VARIANCE OF 16.5 FEET FROM THE REQUIRED REAR-YARD SETBACK OF 20 FEET TO 3.5 FEET FROM THE PROPERTY LINE FOR AN EXISTING HOUSE CONSTRUCTED OVER A DRAINAGE CANAL AND WATERWAY EASEMENT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after-the-fact variance of 16.5 feet from the required rear-yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement as shown on the attached plot plan, Exhibit "A", in an "RMF-6" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE 1T RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-3381 filed by David M. Corban with respect to the property hereinafter described as: The North 65 feet of the West 1/2 of Tract 4, Whitehurst's Replat, as recorded in Plat Book 5, Page 1, of the Public Records of Collier County, Florida I AP _0 8 2003 be and the same hereby is approved for an after-the-fact variance of 16.5 feet from the required rear-yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement as shown on the attached plot plan, Exhibit "A", in an "RMF-6" Zoning District wherein said property is located, subject to the following conditions: BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3381 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie M~. Student Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN VA-2002-AR-338 I/FR/$p 2 APR 0 8 2003 65.0 FEET 20 FOOT REAR SETBACK I TOP. OF BANK PLAN OF LIVING AREA CORBAN RESIDENCE 2832 ARBUTUS ST. NAPLES, FL 5' 20' I O' 10' DRAINAGE CANAL AND WATERWAY EASEMENT VA-2002-AR-338 l Proposed footprint Exhibit "A" APR 0 8 2003