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Agenda 09/13/2011 Item #16F19/13/2011 Item 16.F.1. COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority ` iV AGENDA< t i` er t 11: Board of County Commission Chambers , Collier County Gov'ir ent Center 3299 Tamiamt T1 fast, 3r Floor Naples Ffi 34112 August 09, 2011 _4 MOO 12:00 Fred W. Coyle - BCC, Chairman; Commissioner, District 4 Jim Coletta - BCC Vice- Chairm' Commissioner, Distract 5; CRAB Chairman Donna Flala� ` BCC Commissioner, Distract 1, CRAB Vice- Chairman Georgia iHiller - BCC Commissioner; District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executve.Manager to the BCC prior to presentation of the Agenda item to be addressed. Alfregistered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman > ; Collier County Ordinance No:.2003 -53 as amended by ordinance 2004 -05 and 2007 -24, requires that ail lobbyists shalt, .. pfore 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'4Board: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." Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112.5356, (239) 252 - 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 Packet Page -2810- 9/13/2011 Item 161.1. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) 3. SERVICE AWARDS 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS s 7. BOARD OF ZONING APPEALS Item 7 to be heard no sooner than 1:00 pm � otherwise noted. 8. ADVERTISED PUBLIC HEARINGS Vi Item 8 to be beard no sooner than 1.00 pm unless otherwise noted. 9. -BOARD OF COUNTY COMMISSION ERS 10.. COUNTY MANAGER'S REPORT-....,-, 11. COUNTY ATTORNEY'S REPORT 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY.AND /OR COMMUNITY REDEVELOPMENT AGENCY 14. .PUBLIC CO MMENTS ON GENERAL TOPICS.,-'. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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. GROWTH MANAGEMENT DIVISION B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION D. PUBLIC SERVICES DIVISION Packet Page -2811- 9/13/2011 Item 16 -F.1. E. ADMINISTRATIVE SERVICES DIVISION F. COUNTY MANAGER OPERATIONS 1. Recommendation that the Board of County Commissioners approve a Pg. 1- 6 modification to Contract -# 11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP in order to meet budgetary limitations. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS f L MISCELLANEOUS CORRESPONDENCE j. OTHER CONSTITUTIONAL OFFICERS IG as COUNTY ATTORNEY T 4 _ 4� ? 17. SUMMARY AGENDA ¢ This section is for advertised puhl% hearings and mum meet the following criteria: 1) A recommendation for approval from stail,) 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 agencfes or the Board, prior to the commencement of the BCC meeting on which the.items are scheduled to be heard; and 4 ) No individuals are registered to speak in opposition to the item. For those items which are quasi- judicial in nature, all participants must be sworn in. 18. #iDjOURN, Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 - 8383: j Packet Page -2812- ma 9/13/2011 Item 161.1. EXECUTIVE SUMMARY Recommendation that ,the Board of County Commissioners approve a modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP in order to meet budgetary limitations. OBJECTIVE: To modify contract 411 -5704 for Pelican Bay Community Crosswalks to Bateman Contracting, LLP in order to allow the construction of crosswalks in compliance with budgetary limitations. CON_SI S: 1. On June 28, 2011 the Board of County Commissioners approved Item 16.F.4, the award of Bid #11 -5704 in the amount of $685,605,00. 2. This Bid was for the construction of crosswalks at fourteen (14) locations within the Pelican Bay Community. Due to budgetary limitations, funding is currently available .for only seven (7) of these crosswalk locations. 3. The modified contract will allow the contractor to provide a performance bond in the amount of $362,328.00 for the initial seven (7) crosswalks. 4. The seven (7) crosswalk locations selected for current construction are: ID #1 - Pelican Bay Boulevard / Ridgewood Drive ID #4 - Pelican Bay Boulevard / Glenview Place ID #6 - Pelican Bay Boulevard / Gulf Park Drive ID #10 Pelican Bay Boulevard / Beachwalk Pathway ID #1 1- Pelican Bay Boulevard / North Tram Station ID #13 - Pelican Bay Boulevard / Hammock Oak Drive ID #l4 - Pelican Bay Boulevard / Oakmont Parkway 5. After completion of the initial seven (7) crosswalks, the work shall be evaluated for functionality and aesthetic value to the community to determine further crosswalk construction. 6. Subject to funding availability during the October 1, 2011 — September 30, 2012 fiscal year, the remaining seven (7) crosswalks shall be completed with a new bonding requirement in the amount of $323,277.00. 7. The total value of the contract remains the same at $685,605.00 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Packet Page -2813- 9/13/2011 Item 161.1. FIB ACT: The fiscal impact . for Bid #11 -5704 for the modified contract is $362,328.00 for the initial seven (7) crosswalks, and $323,277.00 for the remaining seven (7) crosswalks that may be constructed in the future with funds available in the Pelican Bay Capital Fund 322. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. LEGAL CONSIDERATIONS; This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMV"ATION: That the Board of County Commissioners approve a modification to Contract #11 -5704 for Pelican Bay Community Crosswalks to Bateman Contracting, LLP as per attached Contract Amendment and that the Chairman be authorized to execute the Contract Amendment following final review by the County Attorney. Prepared by: Kyle Lukasz, Operations Manager, Pelican Bay Services Division Attachments: Revised Agreement Packet Page -2814- 9/13/2011 Item 161.1. COLLIER COUNTY Board of County Commissioners Item Number: Item Summary: Recommendation that the Board of County Commissioners approve a modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP in order to meet budgetary limitations. Meeting Date: 8/9/2011 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 7/29/20118:20:27 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 7/29/20118:20:29 AM Approved By Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 7/29/20118:51:48 AM Name: LukaszKyle Title: Manager - Pelican Bay Services Date: 7/29/20119:00:54 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 8/1/2011 11:02 :47 AM Name: CarnellSteve Title: Director Purchasing/General Services,Purchasing Date: 8/8/2011 11 :55 :53 AM Packet Page -2815- 9/13/2011 Item 16.F.1. Name: Klatzkowleff Title: County Attorney, Date: 8/9/20118:20:14 AM Name: OchsLeo Title: County Manager Date: 8/9/20113:11:00 PM 9/13/2011 Item 16. F.1. EXHIBIT A -1 Contract Amendment 1 Contract 11 -5704 "Pelican Bay Community Crosswalks" This amendment, dated , 2011 to the referenced agreement shall be by and between the parties to the original Agreement, Bateman Contracting, LLP (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "County" or "Owner "). Statement of Understanding RE: Contract # 11 -5704 - "Pelican Bay Community Crosswalks" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. "The above referenced Agreement is for the construction of crosswalks at fourteen (14) locations within the Pelican Bay Community. Due to budget limitations, only seven (7) of these crosswalk locations are being selected for construction at this time. The total cost of construction for the seven initial crosswalks is three hundred sixty two thousand three hundred twenty eight dollars ($362,328). The seven (7) crosswalk locations selected for initial construction are: ID #1 - Pelican Bay Boulevard / Ridgewood Drive ID #4 - Pelican Bay Boulevard / Glenview Place ID #6 - Pelican Bay Boulevard / Gulf Park Drive ID 910 - Pelican Bay Boulevard / Beachwalk Pathway ID #11- Pelican Bay Boulevard / North Tram Station ID #13 - Pelican Bay Boulevard / Hammock Oak Drive ID #14 - Pelican Bay Boulevard / Oakmont Parkway The Contractor shall provide a performance bond in the amount of three hundred sixty two thousand three hundred twenty eight dollars ($362,328) to cover these initial seven (7) crosswalks. Subject to funding availability during the October 1, 2011- September 30, 2012 fiscal year, the remaining seven (7) crosswalks shall be completed with a new bonding requirement in the amount of three hundred twenty three thousand two hundred seventy seven dollars ($323,277). The total value of the contract remains the same at six hundred eighty rive thousand six hundred five dollars ($685,605.00)." The Contractor agrees that this amends the original Agreement. All other terms and conditions of the Agreement shall remain in force. Packet Page -2817- 9/13/2011 Item 16.F.1. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRACTOR ATTEST: Corporate Secretary/Witness Bateman Contracting, LLP By: _ Dated: ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: Deputy County Attorney By: Title: Dated: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, Chairman Packet Page -2818- /0�4%, 9/13/2011 Item 16. F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1. Item Summary: Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meeting dated August 9, 2011) Meeting Date: 9/13/2011 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 7/29/2011 9:47:49 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 7/29/2011 9:47:51 AM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 8 /29/2011 12:51:59 PM Packet Page -2819-