Agenda 04/12/2011 Item #16K3
Agenda Changes
Board of County Commissioners Meeting
April 12, 2011
CONTINUE ITEM 16K3 TO THE APRIL 26"1 2011 BCC
MEETING: RECOMMENDATION TO AUTHORIZE
THE COUNTY ATTORNEY TO FILE A LAWSUIT ON
BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, AGAINST SURETY CONSTRUCTION
COMPANY, IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA, TO RECOVER DAMAGES INCURRED BY THE
COUNTY AS A RESULT OF CONTRACTED WORK FOR
REPAIR TO THE POLLUTION CONTROL LABORATORY
IN BUILDING "H", 3RD FLOOR, IN THE AMOUNT OF
$99,492.99, PLUS COSTS OF LITIGATION, INCLUDING
REASONABLE ATTORNEY FEES
(COUNTY ATTORNEY STAFF'S REQUEST)
Continue Item 7 A to the April 26, 2011 BCC Meetin!!: This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. DOA-PL2010-1052: Olde
Cypress Development, LTD &Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard
Yovanovich of Coleman, Yovanovich & Koester, P.A., request a change to the previously approved Olde Cypress
Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). Proposed modifications
will add 63.9 acres into the DRI boundary, amend Map H, and remove the 3.9 acre park requirement to incorporate this
change. The subject property consisting of 602:f: acres is located in Sections 21 and 22, Range 48 South, Township 26 East,
Collier County, Florida. (Companion to PUDZ-PL2010-1054 and PUDA-PL2010-388) (Commissioner Henning's request)
Continue Item 8A to the April 26, 2011 BCC Meetin!!: This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-PL2010-1054: Vita
Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Yovanovich of
Coleman, Yovallovich & Koester, P.A., request a Rezone from the Residential Planned Unit Development (RPUD) zoning
district with :I Special Treatment (ST) Overlay for a project known as HD Development RPUD, and the Agricultural (A)
zoning district, to the RPUD zoning district to allow development of a maximum 125 single-family residential units & 33
multi-family units and associated accessory uses. The 65.29:f: acre property is located along the north side ofImmokalee
Road (CR 846) :lpproximately 330 feet east ofOlde Cypress Boulevard in Section 21, Township 48 South, Range 26 East,
Collier County, ;'L (Companion: DOA-PL2010-1052 & PUDA-PL2010-388) (Commissioner Henning's request)
Continue Item 88 to the April 26, 2011 BCC Meetin!!:: This item requires ex parte disclosure be provided by Commission
members. Shuuill a hearing be held on this item, all participants are required to be sworn in. PUDA-PL2010-388, Olde
Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard Yovanovich, Esq. of
Coleman, Y(j\all(}vich & Koester, P.A., request a PUD Amendment for the Olde Cypress PUD. The PUD Amendment
request is to reduce project density from 1,100 dwelling units to 942 dwelling units & remove requirements of trails and a
park (3.9 acres minimum) in the Olde Cypress PUD/DRI. Subject property is located in the OIde Cypress subdivision,
Sections 21 & 22, Township 48 South, Range 26 East, Collier County, FL. (Companion: DOA-PL2010-1052, Olde Cypress
DRI & PUDZ-PL2010-1054, HD Development RPUD) (Commissioner Henning's request)
Withdraw Item lOG: Recommendation to approve a form Easement Agreement for use between Collier County and
Beachfront Property Owners requiring Property Owners to provide public beach access in exchange for publicly funded
major beach re-nourishment, vegetation planting and dune restoration to the subject property. (Staff's request)
Move Item 16A13 to 10J: Recommendation to enter into a contract for services for AIM Engineering to complete a
feasibility study with conceptual plans for pedestrian or bicycle facilities at the I-75/Immokalee Road Interchange in the
amount up to $315,000 (FDOT Project #416237-1-38-01) (Commissioner Henning's request)
Continue Item 16C2 to the April 26, 2011 BCC Meetin!!:: Recommendation to approve a Hazard Mitigation Grant Program
contract #1 L llVI-3E-09-21-01-026, with State of Florida Division of Emergency Management, in the amount of $240,000, to
apply towards costs associated with installation of 1,430 linear feet of six-inch High Density Polyethylene leachate pipe at the
Collier County Landfill & authorize corresponding budget amendments (Staff's request)
Move Item 16D9 to Item 101 (heard immediatelv followin!!: Item 10E): Recommendation to approve & authorize the
Chairman to sign a Settlement Agreement & Mutual Release with Johnson Engineering for the total value of $134,000 to
resolve any and all claims and issues associated with the Goodland Boat Park and approve and authorize the Chairman to
sign award of Contract #09-5262-8 to Johnson Engineering for Engineering Services for Collier County. (Staff's request)
Move Item 16G4 to Item 13A; and has been reQuested to be heard at 11 :30 a.m.: Recommendation to authorize the
County Atto ney to take all necessary action, including filing a lawsuit, to evict Gregory Shepard from his present location
at the Immol, alee Regional Airport, and pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority. (Commissioner Coletta's request)
Move Item 16H4 to Item 9H: Commissioner Henning requests Board approval for reimbursement regarding attendance at
a function serving a Valid Public Purpose. Attended Chabad of Naples Annual Benefit Evening & Gala April 10, 2011 at
the Ritz-Carlton in Naples, FL $150 paid from Commissioner Henning's travel budget (Commissioner Henning's request)
Note:
Item 16A 7: Section III, page 4 of the Addendum shall be revised to state, in part" . . unless either party provides the other
with at least ~i\ty (60) days notice of non-renewal" rather than one hundred and eighty (180) days. (This change is for
consistency' illl the original agreement and to promote ease in tracking by staff.) (Staff's request)
Time Certain Items:
Item 9G to be Leard at 11:00 a.m.
Item 13A to be heard at 11 :30 a.m.
Item 8C to be heard at 1 :00 p.m.
4/12/2011 Item 16.K,3.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County
Board of County Commissioners, against SURETY CONSTRUCTION COMPANY, in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages
incurred by the County, as a result of contracted work, for the repair to the Pollution Control
Laboratory in Building "H" 3'd Floor in the amount of $99,492.99, plus costs of litigation, including
reasonable attorneys fees.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a
lawsuit on behalf of the Collier County Board of County Commissioners, against SURETY
CONSTRUCTION COMPANY, in the Circuit Court of the Twcntieth Judicial Circuit in and for Collier
County, Florida, to recover damages incurred by the County, as a result of contracted work, for the repair
to tbe Pollution Control Laboratory in Building "H" :;rd Floor in the amount of $99,492,99, plus costs of
litigation, ineluding reasonable attorneys fees.
CONSIDERATIONS: Pursuant to an Agreement for Contractor Services with SURETY
CONSTRUCTION COMPANY dated October 9, 2007 (#06-3971), and the Work Orders thereto,
SURETY CONSTRUCTION COMPANY commenced work in May 2010 on interior alterations to the
Pollution Control Laboratory on the 3rd Floor of Building "H" on the Collier County Government
Campus. This space is rented to the State of Florida. SURETY hired sub-contractors to facilitate the
work, one of which was D, E. MOUNTS CORPORA nON. Due to the installation of an improper hose
on a washing device, the bose burst and flooded the area causing damages to the facility, machinery and
equipment. The County sustained damages in the amount of $99,492.99 for the repairs and replacement
of machinery and equipment. The Agrecment with SURETY requires the company to have insurance and
to indemnify and hold the County harmless for damages, as well as to pay reasonable attorneys fees and
costs. SURETY has refused and continues to refuse to reimburse the County for its costs paid for the
repairs and replacement of equipment. The County has no other recourse but to seek redress in the
Courts.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty
Fund. Filing fees, service and process fees total approximately $500.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: The County Attorney has reviewed and approved this item. This
item is legally sufficient for Board action and rcquires only a majority vote. - CMG
RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to
file a lawsuit on behalf of the Collier County Board of County Commissioners, against SURETY
CONSTRUCTION CaMP ANY, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, to recover damages incurred by the County, as a result of contracted work, for the repair
to the Pollution Control Laboratory in Building "H" 3'd Floor in tbe amount of $99,492.99, plus costs of
litigation, ineluding reasonable attorneys fees.
.--
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
11-RMG-00215/1 t I
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4/12/2011 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K,3.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against SURETY CONSTRUCTION
COMPANY, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, to recover damages incurred by the County, as a result of contracted work, for the
repair to the Pollution Control Laboratory in Building aHa 3rd Floor in the amount of
$99,492.99, plus costs of litigation, including reasonable attorneys fees,
Meeting Date: 4/12/2011
Prepared By
Name: CrotteauKathyncll
Title: Legal Secretary,County Attorney
3/21/20119:40:24 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management.Risk Management
Date: 3/21/2011 10: 17:07 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/23/20119:56:10 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/24/2011 9:27:26 AM
Name: Klatzkow.leff
Title: County Attorney,
Date: 3/28/2011 12:00:58 PM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 3/29/2011 9:48:36 AM
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4/12/2011 Item 16.K.3.
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