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Backup Documents 11/01/2005 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING BACK-UP DOCUMENTS NOVEMBER 1, 2005 10/28/2005 15:57 23921;34854 o NAPLES DAILY NEWS Published Daily Naples. fL 34102 Affidavit of Publication State of Florida County of Col1ier NAPLESDAILY PAGE 02/03 13efore the undersigned t.hey serve as the authority, pcrsonaUy I'Ippea.red B, Lamb, who on oath says that I1ley serve as the Assistant Corporate SecretaI')' of the Naples Daily, a da1ly newspAper published tit Naples in Collier County. Florida: distributed in CoIliC!:r and Lee counties of Florida: Ù\al the attached copy of the!: advertising, being a PUBLIC NOnCE in the matter of PubJic ~oticc as published in said newspaper lime(s) in the issue October 23rd, 2005 Affi4nt further !laYS \hat the Mid Naple~ [)¿Hy NClWø i$ ¡\ n<:"'~p4pcr publÜncd at Naples, in ~id Co1bar Coun:ty, Fonda.. :tnd that the ~aid f\l!wlpapE:r hll~ herciofore been continuouAly p\1bliAhw 11'1 SIIid CoJJi"r Coul'1ty, Florida; di.!ltribur.ed in Collier :tftd Lee c;ollnties of PlOtida, cach day I\M ha~ boon entered as second clan mail mattCf ~t the ,,0Irt offi",c il'\ Naple,,:11 srod C,)lIicr D)1JRty,Florida, Cur a ¡mied (If 1 year next ]'receding the flrlt publicaOOT1 of ~hc 1I!:I~.ç!u~d er)!'Y ùf acf",crliacr1\\}!tt; ~l1d affli\nt futth~ ~\~'5 that ,",e b.. ('JciLhef paid nor promised nny ,erson, firm Or enrpQntìon an}' ði~eou"\. rob41è. ~Qmmis~iol'1 or refund for the PU'T'~~c of ~cl:!U~itlt IblA ~thcrti ~cmcnt for plblic<ltiol1 in ¡he ~:!iÒ~' _ J ~ ( SignatÚre of affiant) Sworn to and subscribed before me This October 24th, 2005 7/;_'?~d~ ß~ išf~ure of notary PUbli:)_..__~ (;/- ".':'i'¡;/t" '"iQmel.! au~hong <~i:""":~ MY COM~'15S1ON ,1/ ')DlH689 EXPIRE:- ; J~u ~ Jllly 24. 20Q7 ~'i,,,,?i';1>~ ,\O!DE~ 'fIi~U 1110Y f,:1N NSU*,\NC~ 1~li. .~ '" i',:;"" .t: .. ~ ,,,....,,,',, ,;.';<,:'.,: " " II ';;l'"~II~þ:I~~:' .1~:·';;;'~.~\:'~;'.'·"·Y~'·.~.":'·:.\."~';l ,;'''' ..", .." ".' ';."),(:'/. i, ,:!'.: ',i:t< ~,:>;~:";;:';":""~,(::~f;N ...'. . .,.",;>'., ../,l I' ~,. .. .', ',.. ',,' :·:·AJlèJtl:ci', .,. . ·~~'Or;'· " r ,¡ ", ~.:..\..", .!.A'., :,;.", ,"" '" " .. ':., ' '. ,. ... , J '~..I~¡M1ìI~ in reviewing the s,. fòtthe èòlitdpf O~nfiI Commlsaioners meet1r:tØØéhedUlècI , fOf'Tt.I~OCt. 2~".2()C6Cán v!ewthGlftJl1'ddCUrt1ent I on :Cbít1~. n'''',~'':.~Marc:I:)I&IInd' Öttbfe I. :,' and~~~1 , ·W~.'I~beglnrrlng cmFriday, Oct. .tt, $ltu .1 ",,'U{·Sunda.y.Oõt,:23. tu1d M~;00t,~.,at8..,~rt\..6,p.~r,n"anr;J,1 Op.I"n' -!'" · .",-. '. ."'¡fa ,11Jo ·a~lImle:iOrt"7'~I~.. OM' .thè .- ~ln.rl8tdf:~, ct.tltrl CCtU"ty;\::~t)tIrrtment w¡f) . sIte: . ," cG'QØlhW·1J;I:WWbc~a.t1~.' " . . .. . , 'i,¡:or: th., ;., ,." '.,.! '. '. : . .... ' ..... .. ...... . .', ,. ,"''''11'1,8. ötth'ø-:rnt . .' ..fót' 'Nvlit.w" , ~th!!ltrt1 <:, . ..,a"~', .1"lbrlttint,wh~f'··:' ~èóPI.. .øn'~:~IJt:"'·" tQ. .g.8Ch.ITI....øng......'.. . '1..,,"81 þØ~~'1rÞ?Wf1r:.. . .. ',I'If:~~ m. a.....~T1nd;~......'· .~- . . at :<,.:,,:,,~~. :', ,..~~~:.?,~.~~:..::;::',;~_,,'\', . , ' · F.oii,~u...i:··f~A:;·'·'j;:¡¡¡~:I-:j..,¡;~t·e C': co~rtG8if~~~ ~4.~~rr'(, ~ 1IU..,~:...:'"j~,;-:},··,~<7':~:·;:'.·..: '." "':",:', i':';i~:~ ~ 2q§' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 25, 2005 Rescheduled to November 1, 2005 (Due to Hurricane Wilma) 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 (Absent) 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. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 October 25, 2005 Rescheduled to: November 1,2005 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 RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 4/0 B. September 22, 2005 - BCC/Budget Hearings Approved as presented - 4/0 C. September 23,2005 - Value Adjustment Board Meeting Approved as presented - 4/0 D. September 27, 2005 - BCC/Regular Meeting Approved as presented - 4/0 E. October 3,2005 - BCC/Pre-2006 Legislative Workshop Approved as presented - 4/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees Page 2 October 25, 2005 Rescheduled to: November 1, 2005 1) Jorge Aguilera, Bureau of Emergency Services 2) Alice Toppe, Risk Management Presented B. 25 Year Attendees 1) Kyle Lukasz, Pelican Bay Services 2) Rhonda Tibbetts, Purchasing Presented C. 30 Year Attendees 1) Kathy Carpenter, Public Services Administration Presented 4. PROCLAMATIONS Withdrawn A. Proclamation designating October 28,2005, as The Day of the Red Walk. To be accepted by Craig Greusel, Project Director; Karey Stewart, Lely Elementary Principal; and Nina Ribinski, Administrator for Safe and Drug- free Schools. B. This item continued from the October 11~ 2005 BeC Meetin2. Proclamation designating October 25,2005, Mr. James Rozzi Day. To be accepted by James Rozzi. Adopted - 4/0 C. Proclamation designating November 2005 as Collier County Adoption Month. To be accepted by Terry Iamuri, President of Adoption Task Force of Southwest Florida, Inc.; Deborah Allen, Secretary of Adoption Task Force of Southwest Florida, Inc.; Jim Allen, Board Member of Adoption Task Force of Southwest Florida, Inc.; and Dustin Allen, son of Deborah and Jim Allen. Adopted - 4/0 Continued to November 15, 2005 BCC Meeting D. Proclamation designating October 25, 2005, as Hurricane Katrina Relief Workers' Day. To be accepted by Nicole Basta, Karen Simander, Marie Laliberte, and Tonia Figueroa of the Collier County Health Department; Division Chief Dan Bowman, Captain Les Williams, Lieutenant Eva Weeks, Page 3 October 25, 2005 Rescheduled to: November 1, 2005 Lieutenant Heather Spieth, Lieutenant Eric Havens of Emergency Medical Services; Chris Byrne and Jonathan Aponte of the City of Marco Island Fire Department; Erick Baltodano and Marc SanAngelo of the City of Naples Fire Department; Al Sanchez and David Levitt of Domestic Animal Services; and Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor, Jamie Farmer, Fed Privett, and Marty White of the Florida Panther National Wildlife Refuge. Withdrawn E. Proclamation designating October 26,2005, as Dogs Night Out Day. To be accepted by Margo Castorena, Director of Domestic Animal Services; and Deb Newman, Executive Director of the Fifth Avenue South Association. Withdrawn F. Proclamation supporting citizens' ballot initiative to amend the Constitution of Florida by adding a new section to Article 1. To be accepted by Jerry Rutherford, Chairman, Christian Coalition of Collier County. 5. PRESENTATIONS A. Recommendation to recognize Frank Inzano, Engineering Inspector, Public Utilities Division, as Employee of the Month for October 2005. Presented B. Hurricane Recovery Briefing (Dan Summers and Jim DeLony) Presented 6. PUBLIC PETITIONS Continued to November 15, 2005 BCC Meeting A. Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. Continued to November 15,2005 BCC Meeting B. Public Petition request by Thomas Se1ck to discuss Building Permit No. 2005080737,3560 21st Avenue SW. Item 7 and 8 to be heard no sooner than 1 :00 l1.m.. unless otherwise noted. Page 4 October 25, 2005 Rescheduled to: November 1, 2005 7. BOARD OF ZONING APPEALS Continued to November 15, 2005 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2005-AR-7586 Southern Centers in Naples, LC, in regards to Office Depot, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P .A. and Richard Y ovanovich of Goodlette, Coleman and Johnson, P.A., requesting a conditional use to allow an office supply store in excess of 5, 000 square feet within the C-3 zoning district (with an ST overlay) pursuant to the previous LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is located on the northeast comer of Collier Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East. Continued to November 15, 2005 BCC Meeting B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2003-AR-3573. Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc., requesting a Conditional Use in the RMF-6 zoning district as provided for within Table 2 of Section 2.04.03 per Land Development Code (LDC) for expansion of a church. The 2.03 acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida. Continued to November 15, 2005 BCC Meeting C. This item was continued from the Julv 26. 2005 and October 11.2005 BCC meetin2s and is further bein2 reauested to be continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-6384 Golden Gate Congregation of Jehovahs Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance Number 97-440. The new church building is proposed to be 4,400 square feet. The property consisting of 5.15 acres, is located at 3480 Golden Gate Boulevard S. W., Tract 81, Golden Gate Estates Unit No.4, in Section 11, Township 49 South, Range 26 East, Naples, Florida. Page 5 October 25, 2005 Rescheduled to: November 1, 2005 8. ADVERTISED PUBLIC HEARINGS Continued to November 15, 2005 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7469, Sonoma Oaks MPUD: Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere ofRW A, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard (CR 951), approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East Collier County, Florida. Continued to November 15,2005 BCC Meeting B. This item was continued from the October 11~ 2005 BCC meetin2:. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7832 Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest comer of Rattlesnake-Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. Continued to November 15,2005 BCC Meeting C. This item was continued from the October 11~ 2005 BCC Meetin2:. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section Page 6 October 25, 2005 Rescheduled to: November 1, 2005 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the SWFL Expressway Authority. Resolution 2005-379 Appointing William L. Barton - Adopted 4/0 B. Confirmation of appointments to the Collier County Citizens Corps. Resolution 2005-380 Reappointing: Gerald Sugarman, Reg Buxton and Walter R Jaskiewicz New Appointment: Nancy L Reed, Floyd R. Chapin, Russell D. Rainey and Douglas E. Porter - Adopted 4/0 C. Request for a reconsideration of purchasing School Board property that was approved for purchase by the Board of County Commissioners at the September 27,2005 BCC Meeting. (Commissioner Halas request) Motion of Reconsideration - Approved - 3/1 (Commissioner Halas Opposed) - Item to be brought back November 29th - 10. COUNTY MANAGER'S REPORT A. Request the Board approve, and authorize its Chairman to sign, an lnterlocal Agreement with the City of Naples with respect to the County's Goodlette- Frank Road Project. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 B. This item to be heard at 1:00 p.m.~ and after Item 12B. Recommendation that the Board approve the plans, specifications, and cost estimates concerning the proposed project to restore the lake between 1 07th Avenue North and l08th Avenue North, together with the tentative assessment roll and methods of assessment; provide advance funding for the proj ect; and provide for payment of the special assessment. (Norman Feder, Administrator, Transportation Services) Resolution 2005-383A- Adopted w/stipulations - 4/0 C. Recommendation to approve selection of Consultech, a Qualified Firm, and award a Contract under lTN 05-3583 CEl Services for Collier County Road Page 7 October 25, 2005 Rescheduled to: November 1, 2005 Projects," for Project No. 69101 Immoka1ee Road from 1-75 to CR-951 Collier Boulevard in the amount of$1,541,279. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 D. Recommendation to approve Collier County's 2006 State Legislative Priorities and direct the County Manager to provide them to the county's state lobbyist. Accept all priorities plus recommendations (FEMA, housing issues, etc) from Jim Mudd, on the list except "The Local autonomy to impose discretionary sales tax referendum" Approved - 4/0; Motion to remove "Sales Tax Referendum" from priority list - Approved - 4/0; Motion to oppose any attempt by the legislator to change impact fee collection in Collier County - Approved 4/0; Motion to accept SouthWest Florida Water Consortium - Approved 4/0 E. Recommendation to approve and transmit a Water Reservation Policy Statement on behalf of Collier County to the Florida Association of Counties as requested. Send to FAC with removal of language "natural resources and" of the Policy Statement and also send to FAC Roy Anderson's statement for the reasoning as to the removal of language - Approved 4/0 F. Recommendation to approve selection of AB&B, a Qualified Firm and award a Contract under RFP 05-3835 Consulting and Design Services" for new alignment and capacity improvements to Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 60091 in the amount of $1,160,034. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 G. Recommendation to approve award of bid 05-3894 in the Amount of $3,171,636 to Douglas N. Higgins, Inc., for the construction of the Potable Water Main and Landscaping Improvements along US 41 Project 71059. (Jim DeLony, Administrator, Public Utilities) Award Bid and Resubmit for Re-bidding for Landscape sleeving - Approved 4/0 Page 8 October 25, 2005 Rescheduled to: November 1, 2005 H. Added I. Added J. Added K. Added Approve an Addendum to the County Manager's Employment Agreement. Extended Employment Agreement for four years to 9/30/2010 for James V. Mudd's. $25,000.00 to serve a public purpose, recognizing those people who assisted during Hurricane Wilma - Approved 4/0 Recommendation to adopt a resolution approving the Hurricane Wilma Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Wilma (Staffs request) Resolution 2005-381 Adopted 4/0 Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to suspend the enforcement of subsections 2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, AND 4.02.22.C.I of the Collier County Land Development Code (Ordinance Number 04-41, as amended) relating to the prohibition of the parking of travel/recreational vehicles in the driveways of single family residences due to the extensive damage caused by Hurricane Wilma. (Staffs request) Resolution-2005-382 Adopted 4/0 Resolution declaring a public interest and necessity in removing debris caused by Hurricane Wilma on or adjacent to public and private roads throughout the County and authorizing such removal of debris by Collier County as part of its emergency management efforts in accordance with Chapter 252.38 (3)(a)(5), Fla. Stat., Collier County Ordinance Nos. 84-37, 2001-45 and 2002-50 (codified in Sections 38.56 through 38-70 in the Collier County Code of Laws and Ordinances) and in accordance with Proclamation/Resolution No. 2005-367 declaring and extending a State of Emergency for all territory within the legal boundaries of Collier County, as a result of extensive damage caused by Hurricane Wilma. (Staffs request) Ratifying Resolution 2005-368 that was signed by the chairman on October 28 for debris removal - Approved - 4/0 Page 9 October 25, 2005 Rescheduled to: November 1, 2005 L. Added M. Added N. Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to expand the number of hours that construction activities may occur under Section 54-92 (e )(2), Maximum Permissible Sound Levels of Construction Sounds, Chapter 54, Code of Laws and Ordinances of Collier County, Florida by partially suspending enforcement of Section 54-92 (e )(2) and allowing construction activities to occur from 6:30 a.m. to 9:00 p.m. Monday through Saturday and 9:00 a.m. to 9:00 p.m. Sunday, with the exception of Thanksgiving Day, through December 23, 2005. (Staffs request) Resolution 2005-383 - Adopted - 4/0 Report to the Board of all emergency purchase orders issued under Section XX of the County's Purchasing Policy in preparation for and in response to Hurricane Wilma. (Staffs request) Approved - 4/0 Emergency amendments in support of Hurricane Wilma relief and recovery operations: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Staffs request) Resolution 2005-384 - Adopted 4/0; Resolution 2005-385 - Temporary Banners for business signs until fixed and not to exceed the 6 months time frame - Adopted 4/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Floyd Chapin of Sapphire Lakes on debris removal. (Spoke at the end of the meeting) 12. COUNTY ATTORNEY'S REPORT A. This item is a time certain item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners, pursuant to Section 286.011(8), Fla. Stat., meet in executive (closed attorney-client) session at 12:00 noon on Tuesday, October 25, 2005, to discuss settlement negotiations and/or strategy related to litigation expenditures in the case of Page 10 October 25, 2005 Rescheduled to: November 1,2005 Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Chief Assistant County Attorney Michael W. Pettit; Paul Ullom, Esq.; County Manager James V. Mudd. Closed Session B. This item is a time certain item to be heard at 1 :00 p.m. in Open Session. Recommendation that the Board of County Commissioners (l) give direction to outside counsel, Paul Ullom, Esq., of the law firm Carlton Fields, and the Office of the County Attorney regarding settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida, and (2) recommendation that the Board of County Commissioners also give direction concerning settlement or other action in related disputes including without limitation to related disputes with the engineering firm of Metcalf & Eddy. Attorney to accept the settlement offer - Approved 4/0 Board gave direction to the County Attorney's Office to continue negotiation to proceed to resolve the case and if negotiations cannot be made to file legal suit - Approved 4/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd- Turnback dollars from the Constitutional Officers B. Jim Mudd - Caribbean Zoo property he is recommending to purchase parcel 3 for access to Gordon River; Pursue short term borrowing for $7 million - Consensus C. Fiala - Thanked Commissioners Halas and Coletta for going to Tallahassee on Oct 31 2005. D. Halas - Essential personal for emergency work during Hurricane Wilma Page 11 October 25, 2005 Rescheduled to: November 1, 2005 E. David W eigel- Heidi Ashton with the County Attorneys office, delivered a son, this past weekend. Our thoughts and prayers are with them. ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 Á. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Venezia Grande Estates. The roadway and drainage improvements will be privately maintained. Resolution 2005-369 - w/release of maintenance security 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Park Phase Four. The roadway and drainage improvements will be privately maintained. Resolution 2005-370 - w/release of maintenance security 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Gardens. The roadway and drainage improvements will be privately maintained. Resolution 2005-371 - w/release of maintenance security 4) Recommendation to grant final approval of the roadway (Public) and drainage improvements for the final plat of Sabal Bay Commercial Plat, Phase Two (Thomasson Drive) Resolution 2005-372 - w/release of maintenance security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Park Phase Page 12 October 25, 2005 Rescheduled to: November 1, 2005 Three-C. The roadway and drainage improvements will be privately maintained. Resolution 2005-373 - w/release of maintenance security 6) Recommendation to approve for recording the final plat of Cottesmore, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit One. The roadway and drainage improvements will be privately maintained. Resolution 2005-374 - w/release of maintenance security 8) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Two. The roadway and drainage improvements will be privately maintained. Resolution 2005-375 - w/release of maintenance security 9) Recommendation to approve an Agreement for Sale and Purchase with Roseanna T. Lockwood, as Trustee of the Lockwood Family Revocable Trust dated November 6,1991 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $46,000. As Detailed in the Executive Summary 10) Recommendation to approve an application for reimbursement of a portion of impact fees in the sum of$70,017.43, due to the over- collection of impact fees, based on an incorrect land use classification. 11) Recommendation to approve final acceptance of water utility facilities for Crystal Lake Terraces, Phase Three. W/release of Utilities Performance Security 12) Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit One. Page 13 October 25, 2005 Rescheduled to: November 1, 2005 W Ireduction of Utilities Performance Security 13) Recommendation to approve final acceptance of water and sewer utility facilities for Venezia Grand Estates. W Ireduction of Utilities Performance Security 14) Recommendation to approve final acceptance of water and sewer utility facilities for Sabal Bay Commercial, Phase 2. W Ireduction of Utilities Performance Security 15) Recommendation to approve final acceptance of sewer utility facilities for Kensington Park, Phase Four. W Ireduction of Utilities Performance Security 16) Recommendation to approve final acceptance of sewer utility facilities for Kensington Park, Phase 3-C. W/reduction of Utilities Performance Security 17) Recommendation to ratify the County Manager's approval of an Access Request and Release form allowing Florida Natural Areas Inventory staff to access Conservation Collier lands for the purpose of conducting an exotic plant survey, to authorize the Chairman to sign the attached Access Request and Release form and to authorize the County Manager or his designee to sign Access Request and Release forms in the future. For development of a statewide exotic plant database 18) Recommendation to approve for recording the final plat of Artesia Naples, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 19) CARNY-2005-AR-8445, Reverend Joseph Spinelli, O.S.A., St Elizabeth Seton Catholic Church, requesting a permit to conduct the annual St. Elizabeth Seton Festival on November 9, 10, 11, 12 and 13, 2005, located at 2760 52nd Terrace SW in Golden Gate City. Carnival Permit 2005-06 w/waiving license and surety bond 20) Recommendation to approve final acceptance of sewer utility facilities for Kensington Gardens. Page 14 October 25, 2005 Rescheduled to: November 1, 2005 W /reduction of Utilities Performance Security Withdrawn 21) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the Code of Laws Section 2-11, for the purpose ofre-labeling the Building Valuation Data Table. 22) Recommendation to approve four State Housing Initiative Partnership (SHIP) Budget Amendments, recognizing additional program revenue, carry-forward and closing out grant year 2003 and grant year 2004 in the Affordable Housing Trust Fund (191). B. TRANSPORTATION SERVICES 1) Recommend Board's approval of Adopt-A-Road Agreements (4) for the following: Lori Young, Florida Home Realty-Airport Road 1, Lori Young, Florida Home Realty-Airport Road 2, Lori Young, Florida Home Realty-Radio Road and ASAP Accounting Service of Ana Patino, Inc. No cost associated with Agreements for signs already exist 2) Recommendation to approve the purchase of three (3) Tractor Mowers from Creel Tractor Company in the amount of$106,370.l6 in accordance with State bid contract #765-900-452. To maintain areas within the right-of-ways of Collier County 3) Recommendation to approve the purchase of one (1) Articulated Motor Grader from the Nortrax Equipment Company in the amount of $142,159.17 in accordance with the Florida Sheriffs Association & Florida Association of Counties Contract #05-13-0822. To maintain areas within the right-of-ways of Collier County 4) Recommendation to approve the purchase of one (1) Bulldozer from the Nortrax Equipment Company in the amount of$143,867.01 in accordance with the Florida Sheriffs Association & Florida Association of Counties Contract #05-13-0822. To maintain canal banks and County right-of-ways Page 15 October 25, 2005 Rescheduled to: November 1, 2005 5) Recommendation to approve a Resolution superseding and replacing Resolution Number 2003-134, in order to expand and redefine a "No Parking Zone" on Griffis Highway, commonly known as Capri Boulevard, at a cost of $800. Resolution 2005-376 6) Recommendation to approve Change Order No.2 to Professional Services Agreement No. 03-3509 in the amount of$310,540 for additional engineering services with American Consulting Engineers of Florida, LLC for design additions and modifications to the Goodlette-Frank Road expansion project from Golden Gate Parkway to Pompei Lane, Project No. 60005. To design a relocation of City of Naples reuse main that was in conflict with the roadway drainage system 7) Recommendation to approve the purchase of four (4) Crew Cab Flat Bed Dump Trucks in accordance with Collier County bid #04-3591 from Wallace International Trucks in the amount of$256,880.96. To enhance the daily repair and maintenance on County roadways and right-of-ways within the Road Maintenance Dept. 8) Recommendation to authorize staff to enter into a Work Order in the amount of$176,548 with Johnson Engineering, Inc. for the design, permitting, and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project #69081. As Detailed in the Executive Summary 9) Recommendation to approve the purchase of two (2) 20-CY Diesel Powered Dump Trucks in accordance with Collier County bid #05- 3731 from Wallace International Trucks in the amount of $193,280.24. To enhance the daily repair and maintenance on County roadways and right-of-ways within the Road Maintenance Dept. C. PUBLIC UTILITIES 1) Recommendation to award Bid No. 05-3872 for Reinforcement of Driveways for the Residential Trash Collection & Disposal Program Page 16 October 25, 2005 Rescheduled to: November 1, 2005 to NR Contractors, Inc. Estimated value of $200,000 from the Mandatory Trash Collection Funds. To reinforce and repair driveways that are used as turn-a-rounds by trash collection haulers 2) Recommendation to approve a budget amendment and to return excess grant proceeds for the Petroleum Cleanup Contract GC623 back to the State of Florida. The amount of $3,118.20 will have to be returned to the State of Florida 3) Recommendation to award Bid 05-3871, South County Inflow and Infiltration Repair Services & Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation to D. N. Higgins, Inc. for County-wide maintenance of manholes in the estimated annual amount of$808,300 from Project 725001. To minimize the infiltration and inflow of standing water into the wastewater system minimizing the impact of this extra water treatment by the reclamation facilities 4) Recommendation to approve an Amendment to Work Order JEI-FT- 05-02-A for the Construction Engineering Inspection Services to Johnson Engineering Inc., (JEI) to inspect the construction of the Water Main on US 41 in the amount of$164,758 Project 71059. To provide reliability to our potable water customers 5) Recommendation to Approve a Blanket Purchase Order with U.S. Filter for Maintenance and Repair of Odor Control Units at Both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the Amount of$145,094. Collier County Public Utilities has in place "Good Neighbor" policies that provide zero tolerance for odors in and around our wastewater treatment facilities 6) Recommendation to award Bid # 05-3882, Annual Generator Repair, Maintenance & Installation to Power Pro-Tech Services, Inc. for County-wide maintenance of equipment in the estimated annual amount of $350,000. Page 17 October 25, 2005 Rescheduled to: November 1, 2005 To provide County staff accessibility to a reliable source of various generator services ensuring a reliable source of emergency power for all County departments during unexpected power interruptions D. PUBLIC SERVICES Continued to the November 15,2005 BCC Meeting 1) Recommendation to enter into an agreement with Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Services will be reimbursed through a grant awarded by the United States Department of Justice, Office on Violence Against Women in the amount of$125,000. To expand and enhance the services of the existing local visitation center to provide supervised visitation and safe exchange of children E. ADMINISTRATIVE SERVICES 1) Recommendation to approve fourteen additional classifications as FRS senior management positions, modifications and additions to the deferred compensation match, and the addition of a retiree health insurance program. ($314,911) As Detailed in the Executive Summary 2) Recommendation to authorize conveyance of an Easement to Florida Power & Light Company for the installation of electrical facilities to serve the Vanderbilt Beach Parking Garage, at a cost not to exceed $27.00, Project 90295. To supply necessary electrical service to the Vanderbilt Beach Parking Garage 3) Recommendation to waive formal approve competition and approve the use of Eaton Power Quality Corporation for services over $25,000 for the purchase of UPS back-up battery systems and the maintenance and warranty operations of the these systems. For the maintenance, operations, and repair of all County-owned buildings and assets Page 18 October 25, 2005 Rescheduled to: November 1, 2005 4) Recommendation to award Bid #05-3880 "Water Treatment Services/Chemicals for Cooling Towers" to Aquasure, Inc. for water treatment services/chemicals for cooling towers. (Average annual amount of $34,000) To ensure County properties are kept clean, safe and functional 5) Recommendation to award Bid #No. 05-3857 for the purchase and installation of floor covering to Wayne Wiles Carpets, Inc. d/b/a Wayne Wiles Floor Coverings and LP Group, Inc. d/b/a Carpet & More. (Average annual amount of $49,000) For the purchase and installation of floor covering for Collier County F. COUNTY MANAGER 1) Recommend approval of proposed Amendment to Tourist Development Tax Category A Beach and Beach Park Facilities Funding Policy. To update and simplify the Category "A" Beach and Beach Park Facilities Funding Policy 2) That the Board of County Commissioners adopt the attached resolution and the related amendments (appropriating grants, donations, contributions or insurance proceeds) which amend the Fiscal Year 2004-05 adopted budget in accordance with Section 129.06, Florida Statutes. Resolution 05-BAR-01 3) Recommendation to approve an Agreement between Collier County and the Florida Department of Community Affairs accepting $105,806 for Emergency Management Program Enhancement. To enhance emergency program activities within Collier County for Fiscal Year 2006 4) Recommendation to approve a budget amendment in the amount of $391,011.23 for the purchase of two ambulances and one Ford Expedition for replacements to Emergency Medical Services fleet. Page 19 October 25, 2005 Rescheduled to: November 1, 2005 5) Recommend approval of Change Order # 1 to Research Services Contract #03-3538 with Evans, Klages, Inc. dated October 28,2003 for additional funding in the of$33,000, for a total of$108,000 and approve Change Order #1 to be retro-active October 1, 2005. As Detailed in the Executive Summary 6) Recommendation to approve the purchase of GovMax software ($45,000 per annum for both the Operating and Capital modules). To provide the Budget Department the ability to integrate real time processing of budget preparation and maintenance G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Approve the Service Contract of the Bayshore Gateway Triangle Community Redevelopment Agency Executive Director, David L. Jackson. H. BOARD OF COUNTY COMMISSIONERS 1) Withdrawn 2) Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose: The Friends of the Developmentally Disabled Inaugural Fund Raiser on November 5, 2005 in the amount of $50.00 to be paid from his travel budget. Located at The Vanderbilt Country Club, Naples, Florida Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner is requesting reimbursement for attending the Bonita Springs Noon Rotary as a speaker on November 3, 2005 and is requesting reimbursement in the amount of $14.00, to be paid from his travel budget. 3) Commissioner Coletta requests approval for reimbursement for payment to attend a function serving a valid public purpose. Commissioner paid in advance for the 2005 Southwest Florida Blue Chip Community Business Award Recognition Breakfast he intends Page 20 October 25, 2005 Rescheduled to: November 1, 2005 to attend on November 3,2005 and is requesting reimbursement in the amount of$10.00, to be paid from his travel budget. Located at Hilton Naples & Towers, Tamiami Trail N., Naples, Florida 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid purpose. Commissioner paid in advance to attend the Ave Maria University & Town Groundbreaking and Reception on November 1,2005 and is requesting reimbursement in the amount of $20.00 to be paid from his travel budget. Located at 5100 Camp Keais Road, Ave Maria, Florida 5) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning to attend The Education Foundation Breakfast featuring Representative Dudley Goodlette as speaker. The event is October 26, 2005, at the Hilton Hotel; $18.95 to be paid from Commissioner Henning's travel budget. Located at Hilton Hotel, Tamiami Trail N., Naples, Florida 6) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. commissioner to attend the Ave Maria University & Town ground breaking ceremony and reception on November 1, 2005 at 5100 Camp Keais Road; $20.00 to be paid from Commissioner Halas' travel budget. Located at 5100 Camp Keais Road, Ave Maria, Florida 7) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Rookery Bay Environmental Learning Center Cuban Caribbean Cookout on October 26, 2005 at Rookery Bay; $20.00 to be paid from Commissioner Halas' travel budget. Located at 300 Tower Road, Naples, Florida 8) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Blue Chip Recognition Breakfast on November 3, 2005 at the Hilton Naples & Towers' $10.00 to be paid from Commissioner Halas' travel budget. Page 21 October 25, 2005 Rescheduled to: November 1, 2005 Located at Hilton Naples & Towers, Tamiami Trail N., Naples, Florida 9) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To attend the Ground Breaking Ceremony for Ave Maria University & Town on Tuesday, November 1,2005 at the Ave Maria site, 5100 Camp Keais Road; $20.00 to be paid from Commissioner Fiala's travel budget. Located at 5100 Camp Keais Road, Ave Maria, Florida 10) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. Will attend the Cuban Caribbean Cookout and Cocktail Party at Rookery Bay Reserve on Wednesday, October 26,2005; $20.00 to be paid from Commissioner Fiala's travel budget. Located at 300 Tower Road, Naples, Florida I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to adopt the budget amendment appropriating carry forward and expenditure budgets for open purchase orders for non- project funds and for unexpected budget for project funds at the end of Fiscal Year 2005. As Detailed in the Executive Summary 2) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 3) Recommend to waive formal competition and execute Lease for absentee ballot processing and mailing equipment for the Supervisor of Election Office. As Detailed in the Executive Summary Page 22 October 25, 2005 Rescheduled to: November 1, 2005 K. COUNTY ATTORNEY 1) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$5l7,500.00 for the Acquisition of Parcels 135, 735A and 735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $307,332.00) 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel 158 in the lawsuit styled Collier County v. Joseph Guidish, Jr., et al., Case No. 03-2549-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $11,987) 3) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 160 & 960 in the lawsuit styled Collier County v. Beverly J. Gatti, et al., Case No. 03-2551-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $41,211) 4) Recommendation to authorize application for tax deeds for thirty-one (31) County-held tax certificates and to authorize a notice to proceed to the Tax Collector. As Detailed in the Executive Summary 5) Recommendation to approve the designation of one (1) additional classification as senior management service position for Florida Retirement System (FRS) eligibility purposes; to approve the addition of an annual match into the deferred compensation accounts (the County's 457 Defined Contribution Plan) of employees who receive a lump sum merit increase, of Assistant County Attorneys (equivalent to County Manager Department Director positions), and of the Chief Assistant County Attorney (equivalent to the Deputy County Manager). As Detailed in the Executive Summary 6) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to execute, an Amendment to Settlement Page 23 October 25, 2005 Rescheduled to: November 1,2005 and Zoning Agreement for the property contained within the Orange Blossom Ranch PUD. As Detailed in the Executive Summary 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Continued to November 15,2005 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members:. A Resolution amending Resolution Number 05-261 that granted Conditional Use approval for the Florida Home Model Center Extension to correct a scriveners error resulting from an incorrect legal description included in the adopted Resolution for property located in Section 15, Township 49 S, Range 26 E, Collier County, Florida. Continued to November 15, 2005 BCC Meeting B. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition A VPLA T2005-AR8l5l to disclaim, renounce and vacate the Countys and the Publics interest in a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of Flamingo Estates as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East. C. SE-05-AR-8029, a Resolution amending Resolution Number 05-235, the Town of Ave Maria DR! to correct a scriveners error in Exhibit A Legal Description of the Resolution to the Town of Ave Maria Development Order Page 24 October 25, 2005 Rescheduled to: November 1, 2005 Number 05-01 for property that is located on the north side of Oil Well Road (CR-858), the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47 South, Range 29 East. Resolution 2005-377 D. SE-05-AR-8030, a Resolution amending Resolution Number 05-234A, the Town of Ave Maria Stewardship Receiving Area (SRA) to correct a scriveners error in Exhibit A Legal Description of the Resolution to the Town of Ave Maria SRA for property that is located on the north side of Oil Well Road (CR-858), the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31- 33 Township 47 South, Range 29 East. Resolution 2005-378 Continued to November 15, 2005 BCC Meeting E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-04-AR-6422, D. Wayne Arnold ofQ. Grady Minor & Associates, P. A., and George Varnadoe ofCheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, requesting to rezone 53 acre site from Rural Agriculture (A) Zoning District to a Mixed-Use Planned Unit Development (MPUD) to be known as the Mercato MPUD permitting a maximum of395,000 square feet of retail floor space, 100,000 square feet of office space, and a maximum of 80 hotel units is permitted within the 27.7-acre Mixed Use tract and 175 residential dwelling units in a mixed-use area and on a 10.67 acre Residential Tract resulting in a density of 3.3 units per acre. The property is located on the northeast quadrant of Vanderbilt Beach Road (CR-862) and Tamiami Trail North (US-4l) in Section 34, Township 48 South, Range 25 East. F. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt an Ordinance amending Ordinance No. 2003-59, which is Article V of Chapter 49 of the Collier County Code of Laws and Ordinances, incorporating changes to the Advanced Broadband Infrastructure Investment Program, and establish a maximum annual budget of $300,000 to fund the Program. Ordinance 2005-56 Page 25 October 25, 2005 Rescheduled to: November 1, 2005 Continued to November 15, 2005 BCC Meeting G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-6126 WCI Communities, Inc., and CDC Land Investments, Inc., represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere, AICP, ofRW A, Inc., requesting a rezone from the Planned Unit Development (PUD), Agricultural-Special Treatment area (A-ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DRI. The proposed project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation/village center uses, and public facility uses, preserve areas and rights-of-way. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. (Companion Item to Agenda Item #17H - DRlABN-2004-AR-6251) Continued to November 15, 2005 BCC Meeting H. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRlABN-2004-AR-625l Collier Development Corporation (CDC) represented by George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DRI) for the CDC DRI approved in DRI Development Order 86-2, approved on November 10, 1986 because the proposed changes to the PUD will reduce the project below the applicable criteria for a DR!. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. Companion to PUDZ-A-2004-AR-6l26 - Sabal Bay PUD (Companion Item to Agenda Item #17G - PUDZ-A-2004-AR-6126) Page 26 October 25, 2005 Rescheduled to: November 1, 2005 I. That the Board of County Commissioners adopts the attached resolution and the related amendments (appropriating carry forward, transfers and supplemental revenue) that amend the Fiscal Year 2004-05 adopted budget in accordance with Section 129.06, Florida Statutes. Resolution 05-BAR-02 J. Recommendation to Adopt an Ordinance Amending the Code of Laws and Ordinances of Collier County, Florida, Amending Chapter 14, Article II, Which Regulates and Controls Animals within the Area of Collier County, as Promulgated by Ordinance 93-56, as Amended; Amending Section 14-26, Pertaining to Definitions; Amending Section 14-27, Pertaining to Penalties; Amending Section 14-31, Pertaining to Enforcement; Providing for Conflict and Severability, Inclusion in the Code of Laws and Ordinances and an Effective Date. Ordinance 2005-57 Continued to November 15, 2005 BCC Meeting K. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7909 Lodge Abbott and Associates, LLC, represented by Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, PA, is requesting a 2-year extension of the Cocohatchee Bay PUD. The subject property, consisting of 532 acres, is located on the northwest comer of Wiggins Pass Road and Vanderbilt Drive, in Sections 8, 16, 17, and 20, Township 48 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. Page 27 October 25, 2005 Rescheduled to: November 1, 2005 þ 2~ AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 25. 2005 Meetina Continued to November 1. 2005 Withdraw Item 4A: Proclamation designating October 28, 2005 as The Day of the Red Walk. Withdraw Item 4E: Proclamation designating October 26, 2005 as Dogs Night Out Day. (Staff's request.) Item 4D continued to the November 15. 2005 BCC meeting: Proclamation designating Hurricane Katrina Relief Workers' Day. Withdraw Item 4F: Proclamation supporting citizens' ballot initiative to amend the Constitution of Florida by adding a new section to Article 1. (Commissioner Henning's request.) Add On 5B: Hurricane Recovery Briefing. (Dan Summers and Jim DeLony.) Item 6A: Continue to November 15. 2005 BCC meeting: Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. (Petitioner's request.) Item 6B: Continue to November 15. 2005 BCC meeting: Public Petition request by Thomas Selck to discuss Building Permit No. 2005080737, 3560 21st Avenue SW. (Petitioner's request) Add On Item 101: Recommendation to adopt a resolution approving the Hurricane Wilma Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Wilma. (Staff's request.) ft Add On Item 10J: Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to suspend the enforcement of subsections 2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, AND 4.02.22.C.1 of the Collier County Land Development Code (Ordinance Number 04-41, as amended) relating to the prohibition of the parking of travel/recreational vehicles in the driveways of single family residences due to the extensive damage caused by Hurricane Wilma. (Staff's request.) Add on Item 10K: Resolution declaring a public interest and necessity in removing debris caused by Hurricane Wilma on or adjacent to public and private roads throughout the County and authorizing such removal of debris by Collier County as part of its emergency management efforts in accordance with Chapter 252.38 (3}(a}(5), Fla. Stat., Collier County Ordinance Nos. 84-37,2001-45 and 2002- 50 (codified in Sections 38-56 through 38-70 in the Collier County Code of Laws and Ordinances) and in accordance with Proclamation/Resolution No. 2005-367 declaring and extending a State of Emergency for all territory within the legal boundaries of Collier County, as a result of extensive damage caused by Hurricane Wilma. (Staff's request.) 2~ Add on Item 10L: Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to expand the number of hours that construction activities may occur under Section 54-92(e)(2), Maximum Permissible Sound Levels of Construction Sounds, Chapter 54, Code of Laws and Ordinances of Collier County, Florida by partially suspending enforcement of Section 54-92(e)(2) and allowing construction activities to occur from 6:30 a.m. to 9:00 p.m. Monday through Saturday and 9:00 a.m. to 9:00 p.m. Sunday, with the exception of Thanksgiving Day, through December 23, 2005. (Staff's request.) Add Item 10M: Report to the Board of all emergency purchase orders issued under Section XX of the County's Purchasing Policy in preparation for and in response to Hurricane Wilma. (Staff's request.) Add on Item 10N: Emergency amendments in support of Hurricane Wilma relief and recovery operations: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Staff's request.) Withdraw Item 16A21: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the Code of Laws Section 2-11, for the purpose of re-Iabeling the Building Valuation Data Table. (Staff's request.) Item 16D1 - Continue to the November 15. 2005 BCC meetina: Recommendation to enter into an agreement with Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Services will be reimbursed through a grant awarded by the United States Department of Justice, Office on Violence Against Women in the amount of $125,000. (Staff's request.) Withdraw Item 16H2: Commissioner requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner is requesting reimbursement for attending the Bonita Springs Noon Rotary as a speaker on November 3, 2005 and is requesting reimbursement in the amount of $14.00, to be paid from his travel budget. (Commissioner Coletta's request.) Item 17G: Correction to the executive summary under Recommendation, third paragraph, last sentence should read". . . . the proposed deviation will be more compliant with current code "than" (rather than "that") . . . . Also under Recommendation in paragraph "Deviation 6", first sentence should read" . . . and seeks to have two ground signs (rather than "sings") . .. (Commissioner Fiala's request.) Time Certain Items: Item 10B: This item to be heard at 1 :00 p.m., and after Item 128. Recommendation that the Board approve the plans, specifications, and cost estimates concerning the proposed project to restore the lake between 107th Avenue North and 10ath Avenue North, together with the tentative assessment roll .. 2A and methods of assessment; provide advance funding for the project; and provide for payment of the special assessment. Item 12A: This item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners, pursuant to Section 286.011 (8), Fla. Stat., meet in executive (closed attorney-client) session on Tuesday, October 25, 2005, to discuss settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363- CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Chief Assistant County Attorney Michael W. Pettit; Paul Ullom, Esq.; County Manager James V. Mudd. Item 12B: This item to be heard at 1 :00 p.m. and in Open Session. Recommendation that the Board of County Commissioners (1) give direction to outside counsel, Paul Ullom, Esq., of the law firm Carlton Fields, and the Office of the County Attorney regarding settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida, and (2) recommendation that the Board of County Commissioners also give direction concerning settlement or other action in related disputes including without limitation to related disputes with the engineering firm of Metcalf & Eddy. NOTE: Item 7B: Requires that all participants be sworn in and Ex Parte disclosure be provided by Commission members. The followina items are continued to the meetina of November 15. 2005: Items 7A, 7B, 7C, 8A, 8B, 8C, 17A, 17B, 17E, 17G, 17H, 17K ¡~ 41 PROCLAMA TION WHEREAS, on September 30, 2004, and July 28, 2oo!;, Collier County was visited by three representatives from the Florida Department of Environmental Protection (FDEP): and, WHEREAS, the FDEP visit was related to our Collier County/City of Naples Beach Renourishment project with major concern for the potential damage to our environmentally sensitive biological sea life along our beaches: and, WHEREAS, FDEP's objective was to dive over the offshore areas to observe current conditions and provide oversight for the biological monitoring surveys being conducted by our consultants: and, WHEREAS, FDEP divers, along with our consultants, conducted many dives on each of these events: and, WHEREAS, on both visits, their' successful missions were primarily a result of the direct contribution of Mr. James RozzI:' and, WHEREAS, Mr. Rozzi volunteered his boat, diving facIlities, . and personal diving expertise to benefit Collier County and the FDEP. NOW THEREFORE, be it proc/ai",ed by the Board of County Commissioners of Collier County, Florida, that November 1, 2005, be designated as . , Mr. ,James 'Rozzi 'Day DONE AND ORDERED THIS 1st Day 'of November" 2005. Jr' ';~" > " BOARD' OFCÔUNTYC()MMISSIONERS COLLIER COUNTY, ·FLORIDA FRED W. COYLE, CHAIRMA A TrEST: ~,~"\'''5ry~ '~~ ~ '.. ~,...- ~'."......;. ~ .... ,.....,.,- "". . ,,,,....,,....',),.;:" -',QIIc ~: """,.\. ,Iii 'c¡¡., 9!'" - " ,.,)1. ~ fJ,- " þ -. '. ,...' . " :-. ~., ~ ~ ~ ~ .' ,~~ .J.I, ,-' :; ~ -. .,¿ ~f'! -~ ... ~" ~-..~..- . ....~.:¡, ~ .. ,..§t "">~' ..."~ ··..:..::~~f~F ..~ ."........... . I 4C PROCLAMA TION WHEREAS, every child has the right to grow in a secure, loving family and adoption is a positive way to bUIld a famIly,. and, WHEREAS, the Adoption Task Force of Southwest Florida, Inc. is a collaborative effort of community agencies and indiVläuals to create and increase awareness of adoption,. and, WHEREAS, the Adoption Task Force of Southwest Florida, Inc. s purpose is to provide resources and education on the various aspects of adoption and to promote positive attitudes towards adoption,. and, WHEREAS, adoption brings untold benefits to Collier County residents that are affected by the adoption process. This includes benefits to birth parents, adoptive parents, and the chIldren placed in adoptive homes, as well as their: extended .families,. and, I WHEREAS, crisis pregnancy is a problem in Collier County and adoption is a positive option that is not always consläered due to a lack of awareness and education. NOW THEREFORE, be it prociaimed bY' the Board ofCounfy Commissioners of Collier County, Florläa, that the Month of November 2005 be designated as COLLIER COUNTY ADOPTION MONTH and, in honor of this event, we encourage citizens, community agencies,. religious organizations, businesses and others to celebratelJdoption and honor the·famllies that grow through adoption. ,,:-:;,,"~l,:, _'\~'~~~'\ .~, . .> ..:. : <,-,-', ~ < . ti: j';~fli,::: '):,~t¡t< DONE AND ORDERED THIS' 1st DåyofNiivember, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TrEST: ~)~~¿~~~ DW.r~ E. BROCK, CLERK ...~~"'$i"': ~... ,.~~~' - ',- ~",.'" ,~.,~ 21. :<",.l' _/~'¿¡~, -''':' ~ ., ., ¡;. ..... G.--.. ' ~.,. . ...- .... ~ -,' . \~" Ij '<'; \ :f \ '~%. ',.~.. -? "~' ~~~ ..~ MEMORANDUM DATE: November 1,2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005-379 , Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, you may contact me at 732-7240 ext. 7240. Thank you, Enclosures 9 A \- / 9A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing Jines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a Jine through routing lines # I through #4, complete the checklist, and forward to Sue Filson Jine #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, 3, 4, 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be deJivered to the Bee oftice only after the Bee has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Countv Attorney's Office Agenda Date Item was November I, 2005 Agenda Item Number 9A Approved bv the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception ofb-lOst letters, must be reviewed and signed by the Office oflhe County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been ehtered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), lhe original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3, 4, 5, 6, ì / L \ ¡- N/A \1 '-" I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26.05, Revised 2,24,05 9 A RESOLUTION NO. 2005-379 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT WILLIAM L. BARTON TO THE SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY WHEREAS, on October 11, 2005, the Board of County Commissioners adopted Resolution No. 2005-361 supporting the establishment of a Southwest Florida Expressway Authority (hereinafter "Authority") in accordance with Section 348.9932, Florida Statutes; and WHEREAS, in accordance with Subsection 348.9932(2)(b), Florida Statutes, the Board of County Commissioners shall appoint one (1) members who is a permanent resident of Collier County for a 4 year term; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that William L. Barton is hereby appointed to the Southwest Florida Expressway Authority for a four-year term, commencement of said term to coincide with lee County's and the Governor's appointments to the Authority. This Resolution adopted after motion, second and majority vote. DATED: November 1, 2005 ATTEST: DWIGHT E. BROCK, Clerk \,.\\\11'''",,/ \\\\, f('I....~, 1'111 ....',' ""l ~ ~~¿}R '11, ~" ...".... "'.,..-........ i:~ ,~ ;:" :~'-. ..$'1 ',·o~Ti· ~ &t - v I, "" . ;' Bd " ;. '- . ~f~~'~ ~ ,: ~, .: ,):;. At~·...~~.". .0 .'~ ~. s 1......· "onì}.' 0, ,":'..' S ~,~~:.~:~;~\~:f:~,l. ApproV'eGtáS,)¡o,lfÔrm and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairm "'1-ì_,~ W. David C. Weigel County Attorney MEMORANDUM DATE: November 1,2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005-380 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9B) approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, you may contact me at 732-7240 ext. 7240. Thank you, Enclosures 98 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original documcnt. Original documcnts should be hand delivercd to the Board Oflicc. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item) ROUTING SLIP 98 Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the " d I'tI h'l'#h exception of the Chainnan s sIgnature, raw a me ¡roUg! routmg mes I trough #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4, 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder ofthe original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only alter the BCC has acted to approve the item,) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was November 1, 2005 Agenda Item Number 9B Approved by the BCC Type of Document Resolution Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, musl be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl Slate Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BeC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nalure and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified, Be aware of our deadlines! The document was approved by the BeC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (I nitia!) N/A (Not A licable) 2. 3, 4, 5, 6, JJ N/A ù0 ¡(\;", , \'.J " r(Ç !: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.0304, Revised 1.26,05, Revised 2,24,05 98 RESOLUTION NO. 2005-380 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CONFIR AND APPOINT, AND REAPPOINT MEMBERS TO THE COLLIER COUNTY CITIZENS CORPS ADVISORY COUNCIL. WHEREAS, the Board of County Commissioners, on November 5, 2002, adopted Collier County Ordinance No. 2002-56 which created the Collier County Citizens Corps Advisory Council; and WHEREAS, Ordinance No. 2002-56 provides that the Collier County Citizens Corps Advisory Council shall be composed of eleven (11) voting members representing Neighborhood Watch, Community Emergency Response Team, Collier County Fire Chiefs Association, Civil Air Patrol, Coast Guard Auxiliary, American Red Cross, Salvation Army, Retired Senior Volunteer Program, Collier County Veterans Council, and Collier County Business Industry; and WHEREAS, the terms of members will expire and there are additional vacancies on this Council; and WHEREAS, the Board of County Commissioners received notice from staff that all participating organizations involved in the Council has provided the Board with their recommendations for confirmation and appointment to the Council. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Gerald Sugarman, representing the Retired and Senior Voluntary Program, is hereby confirmed and reappointed to the Collier County Citizens Corps Advisory Council for a four-year term, said term to expire on November 5, 2009. 2. Reginald A. Buxton, II, representing the Greater Naples Chamber of Commerce, is hereby confirmed and reappointed to the Collier County Citizens Corps Advisory Council for a four-year term, said term to expire on November 5, 2009. 3. Walter R. Jaskiewicz, representing the Coast Guard Auxiliary, is hereby confirmed and reappointed to the Collier County Citizens Corps Advisory Council for a four-year term, said term to expire on November 5, 2009. 4. Nancy L. Reed, representing the Collier County Sheriff's Office, is hereby confirmed and appointed to the Collier County Citizens Corps Advisory Council for a four-year term, said term to expire on November 5, 2009. 5. Floyd R. Chapin, representing the Collier Emergency Response Volunteers, is hereby confirmed and appointed to the Collier County Citizens Corps Advisory Council for a four-year term, said term to expire on November 5, 2009. 6. Russell D. Rainey, representing the Collier Emergency Response Team, is hereby confirmed and appointed to the Collier County Citizens Corps advisory Council for a four-year term, said term to expire on November 5, 2006. 9 B ' 7. Douglas E. Porter, representing the Civil Air Patrol, is hereby confirmed and appointed to the Collier County Citizens Corps advisory Council for a four-year term, said term to expire on November 5/ 2006. This Resolution adopted after motion, second and majority vote. DATED: November 1/ 2005 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '-~W, FRED W. COYlE, Chairma i~Æv~l David C. Weigel County Attorney Ifem'~ ~:œ II-'-O~ 2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS lOB To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv" location, etc,) D Other: ********************************************************************************************************** Originating DeptJ Div: Alternative Transportation Modes Person: Darryl Richard, Project Mgr, Date: 9-29-05 Petition No, (If none, give brief description): Petitioner: (Name & Address): Naples Park Lake MSBU Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See attached sheet Hearing before X BCC BZA Other t5 Requested Hearing date: (Based on advertisement appearing }Ø'days before hearing. October 25,2005 Newspaper(s) to be used: (Complete only if important): X Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: See attached Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged for advertising costs: Reviewed by: Division Administrator or Designee Date List Attachments: Resolution ,Special Assessment, DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal r~view, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: J() -ZS-oç-Date Advertised:lO -<=1 -{)ç- lOB Notice Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet at a time certain of 1:00 p.m., Tuesday, October 25, 2005, in the Collier County Government Center, 3301 East Tamiami Trail, Board Room, Harmon Turner Building, Third Floor, Naples, Florida, for the purpose of hearing objections of all interested persons to the adoption of a resolution approving the plans, specifications, cost estimates and tentative assessment roll and establishing the Naples Park Lake Special Assessment District (the "Benefit Unit"). The purpose of the Benefit Unit is to fund the restoration of aquatics and improve the stormwater management of the Naples Park Lake (the "Project"), which lake is surrounded on the North by lOsth Avenue North, on the South by 107th Avenue North, on the east by sth Court East, and on the west by sth Court West. The Project will involve killing and removing cattails, torpedograss, primrose willow and related brush, The Project, which is estimated to cost $16,546.44, is for the benefit of the surrounding property owners of said lake, and is to be paid by a one-time special assessment, with collection by billing and lien in sufficient amount to meet this cost. Non-payment of the special assessment may result in the potential loss of title of the property assessed, Individual assessments will be calculated based on the lake frontage for each of the surrounding properties. This is a one-time Project, with no ongoing maintenance. The plans, specifications, costs estimates and the tentative assessment roll, which includes the method of assessment, are on file with the Clerk and the County Manager, and all interested persons may ascertain the amount to be assessed against a lot or parcel of property at the Office of the Clerk. All objections to the approving resolution shall be made in writing, and filed with the Clerk at or before the time or adjourned time of the hearing, The Board of County Commissioners shall receive any objections of interested persons and may then or thereafter adopt the approving resolution, September 23, 2005 Naples Park Lake Value of One Time Assessment Per Property Owner One Time Assessment Is Capped at $40.000 Total as per Julv 26. 2005 BCC Action · indicates multiple lots owned by same owner, Lake LF, is combined Dollar Value per LF $12,47 $12,47 $12,47 $12,47 $12,47 $12,47 $12,47 S12,47 512,47 $12.47 $12.47 $12,47 $12,47 $12,47 $12,47 $12.47 $12.47 $12,47 $12,47 $12.47 $12.47 $12,47 $12,47 $12.47 $12.47 $12,47 $12.47 $12,47 $12.47 $12,47 $12,47 $12.47 $12.47 .1 0 B .¡ One Time Assessment Per Property $623,50 $1,247.00 $0,00 $623,50 $623,50 $623,50 $623,50 $623,50 $723,14 $0,00 $417,37 $434,95 $441,19 $435,95 $419,37 $392,31 $332,70 $623,50 $623,50 $623,50 $623,50 $623,50 $623,50 $623,50 $408,89 $374,35 $393,93 $813,67 $0,00 $406,27 $395,17 $377.47 $427,22 $16,546.44 Property Owner Lot Number Address Taxable Value Lake Front L.F, Falta, Christine 38 822 108th Ave N, $50,546.00 50,00 Long, Barbara" 39 830 108th Ave N $363,031.00 100,00 Long, Barbara" 40 830 108th Ave N, $0,00 0.00 Wall, Jeannie 41 834 108th Ave N, $170,000,00 50,00 Orner, Lillian 42 838 108th Ave N, $19,314,00 50,00 Walker, Barbara A 43 846 108th Ave N, $173,706,00 50,00 Ervin, John Paul 44 854 108th Ave N, $83,389.00 50,00 La Banca, Marc V 45 858 108th Ave N, $187,314,00 50,00 Pantalena, Mary C* 46 862 108th Ave N. $356,043,00 57.99 Pantalena, Mary C* 47 862 108th Ave N. $0,00 0.00 Bowein, Lloyd L 48 870 8th CT E 5100,823,00 33,47 Bowein, Lloyd L 49 874 8th CT E S101,865,OO 34,88 Gauthier, Edward G 50 877 8th CT E $43,232,00 35,38 JCRS LLC 51 873 8th CT E $67,830.00 34,96 Bidelman, Lucylle 52 869 107th Ave N $32,457.00 33,63 Martinez, Maria J 53 865 107th Ave N $36,604,00 31.46 Pierce, Vincent C 54 861 107th Ave N $90,600,00 26,68 Mooney, Thomas 55 857 107th Ave N $205,660.00 50,00 Loge, Jon Keith 56 853 107th Ave N $33,400,00 50,00 Park, Elmer D 57 845 1 07th Ave N $64,923,00 50,00 Hughes, Kyle C 59 841107th Ave N $95,753,00 50,00 Dery ET UX, Norman J 60 833 107th Ave N $232,575,00 50,00 White JR, George R 61 829 107th Ave N $192,728,00 50,00 Sass JR. Willard Robert 62 825 107th Ave N $178,717.00 50,00 Gilley, Karen A 63 821 107th Ave N $28,438,00 32,79 Pfister, Casper J 64 817 107th Ave N $121,670,00 30,02 Jimenez, JoseJ 65 813107thAveN $160,017,00 31,59 Donnelly, David A* 66 802 8th CT W $84,123,00 65,25 Donnelly, David A* 67 802 8th CT W $0,00 0,00 Mathews, Mary 68 806 8th CT W $169,035,00 32,58 Met, Anna 69 810 8th CT W $204,535.00 31.69 Pucciarelli, Ancela M 36 814 8th CT W $211,848,00 30,27 Baraban, Susan Joyce 37 818 108th Ave N $229,647,00 34.26 TOTALS $4,089,823,00 1,326.90 Low Quote - Contractor = $16,117,10 plus Naples Daily News Cost: $424.32=$16,541,42 FORMULA: TOTAL ONE TIME ASSESSMENT OF $16,541,42 DIVIDED BY TOTAL LAKE FRONT LINEAR FOOTAGE =1,326,90); VALUE PER L.F, V=12.47 (decimal rounded to nearest hundreth-add $5,02) ASSESSMENT FOR EACH OWNER IS CALCULATED AS: V x Lake L,F. Ea. owner = One Time Assessment Amount per owner (33 Property owners total) One Time Assessment is Capped at $40,000,00 Total Per BCC Action on 7f26r05 89/13/2005 09:56 19549777877 AS! .J. (' J. Þ 11J"';\'G ~\é.'fIS fYJ( > PAGE 81 10 Aquatic Systems, Inc. p~ '54-'1TT-7rt7 FACSIMILE T'kANSMI'I"rAL SHEE'!' Daryl Richard FROM: Janice Peters TO: DATE: 9/1312005 TOTAL NO. OF PAGES INCLUDING COVER: COMPANV: Collier County TransportatIOn FAX NUMBER: 239-53()..6219 5 RE: Proposal D UlI.GENT 0 POll JlDoVUtW 0 PLEASE COMMäN'f 0 PLIlASE REPJ,y [] PLU!lE RBCYCLE Ptoje<:t Name: Naples P:u:k Pet yout œqu.e3t. p!ea:le find n:viJed propoW.œtkcting cotttct Linear Feet! Acreage fot: Pond #1, &t of ow: Smia RØmwu and a copy of our Cmijicfl/l: rJjLiabiig IIU1i1'a1Ict. ~ cd if you have any fi.trtheI: ql1e$tÏons ot c;onçe,ms. 1'hacltyou Janiœ 2100 N,W, ,,-.. S-rIlEJ!T POMI'ANO BBACH, 1". HO~iI 954-917-71]6 800-4'2-4'02 Print ~ny ~ J 10 89/13/2805 89:56 19549777877 AS! PAGE 02 1-800-432-1-302 Aquatic Systems, Ine. 2100 N .W. 33M Street Pompano Bc.ach, Florida 33069 Special Senices Agreement Fu (954) 971-7877 Mr, Daryl Richard NapIeø Park c/o Collier County Transportation 2885 Horsemoe Drive South Naples, Florida 34108 (239) 253-9083 Date of this proposal: September 12, 200S JMR.-S Cont.ractaal Period: 0IJe- Tim.e Tenus: 50% With SigDed Cootr~1J1CC Due Upon Receipt. All amounta rem';Qing due and owing 30 days after bUlìn¡ by SELLER shall bear interest at the rate of I.S% por momh 'until paid in f'I1ll. Moøth Work .18 to be performed: Are.l.(S): Pond 111 1,258lJnear Feet, 1.72 Acres Plant! to be cut down and removed: entREE TIME TREATMENT PROGRAM) for Cattail and an Woody Bl'U3b only. Plants will be iuitiøDy treatedt with 2"" treatment two weeks later. the third 30 days after. Initial Spraying WIth Systemic Herbicide: All material win be eut at water levePs current conditions at time of removal. Torpcd.ograss Related Brush Primrose Willow Cattail :Equipment: Conquest Amphibious Spray Vehicle FOUl Wheel Drive Truck TraiJer Power Cutting Equipment Manual Tools, Raba, Sbovels, ecc. Herbicide Power Spraying Disposal: A.SJ. to remove and dispose of aU materials. Total Less -SO" Depoeit Due with Contract BaJauœ Due Upon RECeipt $16,117.10 $8,058.5S $8,058." 1.1 valid tor I from date 11. $eIVIceI ~ IIIICt ìIB Terma & Canditions (1M I'8WII'ae tide) Ire ent"" IntO In BrawlRI County, Florida. 1IINctIttre ~I'M . tie place of NIyment anc: ~ sIIuI JuI'*IIctIon In the IIIIWIt or dispute, In 'lie tWent of any ØQIItIon punIUIInt to fila the ahaII haw the to IIIbIe -'s ",,-'WId coaa from It1e o1her DÌIrtv,' COMPL£rE TN. flOLLOWIMG IHFONlATlON AND SIGH .LC.1W: Properly OWner(a}: Owner .Adclrøa: OWner F'I1one "., Aqu.tIG S,.œma, 11'10, Slgmlture c.tII AI.IthotIt.ed Caltdomer'a Sivr-tunt Titllt J-rtnt ~ D1Ita PrInt Cowt_nv N~ 09/13/2005 09:5& 19549777877 lOB ASI PAGE 03 Aquatic Systems Inc. - Service References Golf Courses Boca Lago Golf.& Country Club - Boca Raton Boca West. Boca Raton Country Club at Heathrow - Heatm-ow Creseent Oaks Golf &. CC - Palm HOI'bor East Lake Woodlancb OC - Oldsmar Peather Sound Country Club - Clearwater Imperial Oolf Club - Naples 1acksonville Golf & CC - JackJonvì/le Lake R.egion Yacht & CC - Winter Haven Monarch Country Club - Stu.a1't Quaj} West" Naples River WUde¡ness Coootry Club - Parri,Jh Saddlebrook Resort - Wesley ChI1.pel S&wgrass Country Club - Ponte Ved1'a Beach Slammer & Squire Golf Club - St. Augustine Stoneybrook . &tero Stoneybrook Golf &. Country Club - $arQ$()ta Strand, The - Naples Tampa Bay Golf & Countty Club· San Antonio The Rookery - Marco Is/and Vasari - Naples Westchase Country Club - Tampa Worthington Country Club· Bonita Springs Wyndemere Country Club - Naples Homeowners Associations Braden Woods - Bradenton CarroILwood Villages I, II, ill - Tampa Fairfield at Ponte Vedra - Ponte Ved1'a BttQt;h Forest Lakes" Oldsmar Huntington Trace - Sqfety Harbor Kings Point West - Sun City CetflM' Lansbrook - Palm Harbor NorthdaIe - Tampa Riohmond Place - Tampa Rotonda West -RDtonda Wut St. Johns - St. Augustbre Memberships Aquatic Plant Management Society Community Association's Institute Florida Aquatic Plant Management Society Florida Golf Course Superintendents Assoc. North American Lake Management Society Commercial Institutional Arvida Park of Commerce - Boca Raton Gran Park - MIami Vcnzon Directory Corp. - St. Petersburg ICOT Center - Clearwater Independence Park -Tampa SaddJebrook Corporate Center· Wesley Chapel Tampa Bay Park Complex - Tampa Tupperware Corporation - Orlando World GolfVi1Iage - St, Augustine wrSP-1V - St. Petersbll1'g Builders & Developers Arvida Corporation Atlantic Gulf Comm. Centex Hottles Markborough Corp, Lennar Homes Related Group Pulte Homes Property Management Resources Taylor-Woodrow Communities The Mahaffey Company US Home Westinghouse Communities Property Management Companies Condo Management Custom Property Management Greenacre PropertiesfLang Management Lincoln Property Management M~estic Property Management Management Ie Associates Management Concepts Melrose Property Management Miami Management Miller Management Prime Manasement Proactive Association Managemeut Property Asset Management Progressive Management Scabord Arbors Sentry Management Southwest Property Management Sterling Property Management Trammell Crow Company University Properties ' \~u.-.\SaI.. SUpport\Word\PoßN\R.t.i'ereftcea,doc lOB .. 09/13/2885 89:56 19549777877 Date: 4/1S12006 'fiM1 8a20 AM BOB Pale I '1'0: 2 ASI , . 9,81148'7'7'7883, t r," 't ,100 PAGE 84 - än'r AaU~ AlHJ.B}. CERTIFICATE OF UABILITY INSURANCE J ==IIj...wt w. ....1IWn ~ Gordon allridl, lAc. PABoa1270 PonIpIne leach, PL a341f1 NIM) . aLVAllDao_ NO AIIHT'I =THI ~TII- ~"'~-iŸ~~.~... AquiItIc 1yIIttms, !no 2111 NW 33nf ~ lompIIftO ~ fIL UDtI NURERI AFFORDtNO COVEaAG& MAIO' INIIUIIERk Atñiiftilnl MutuIIInu'anoI Co. INMMIKII AMerlan I iHIII&I Q ....01 1--1: -, UiPCLlal!!ll ~ INfIUIWa UII1m-.ow HAW E!N I8IUIÞ T01Ha INIIUI8) IfÞM!D AllOW FOR THEPOUCV ÆAICO tÐII:ATIiD. HO'TV4TH1T~tIð IHfAllQUNl8lY, TIiRM OR CONDmØII ~ Ntfcamw;T OR <mieA. DOCIINENt wmt MSI'ECT TO WHICH THIS CERTlFICr4.'Æ MAy III. J8St8) OR MAY PERrAIN. 114E INIUR.t\tICI!AI'I'aIIIII).... TMiI"OLlel!l ÞÞCMIØ) 1tERE1I1II8UII.I'!OT TO ALL '!HE TENA8.~»Ð 00IC)m()N OF 8UÇH f'GJOIIA.NiIGÀoiIM'IUIØI'I..øwM MAY HJ.1oII!1!J. NØJaiO BY f'IIolD ~.. , "nftarr~ ftUI:t_ umtI ' A ~I.WIUY BUtOU340U00-4 U/t.s.v.4 t1IUJD! ~~ I.. ........... ]I: œlØALLIAIIII'I' . µœJ ~ _ ::J ~IMIZ [iJ OCIUI II!DI]IO~__ ~ X BllPD Ded:1.INIO -ølUIW__ I... _ Mil :II! , 12 ,IIIIIIJIM I'AIDOOC'la.CCIoI'Ia> NJII I d NIft _ A ~~,LMTN'fW1'ÐI: I POUC'r I I ~ rl LQQ ~I.NIJIY aA12111M10 !,NffIU!O _ ALOiIHÐ_ ,.". ICHIiÐI.UD AUro!I !,HØDIJ./TDI ~ -.øM8lAIIICC X DIw. othw Car . 04I1U11 a<ttt2lOl ~"'LMr -1.000,000 BDDI.Y KA.Rr · ...~ IIODIlY NARY · (Nr IOddtIII ~IWØII! · '.' .' . II ~LIMUIY ¡1If'fAII(D :=I~"; f:;I ~ . tllOlll II __ ~1MIDf1lf/l --..rIIW'LIIIIIr'I' ~ IIUß au'. I MAœ . - ~ 11J1U14 nl1Mt5 u._. I, I I r..- ii I WQ12U321J01 ot/tW Otll1M IX . -, ___1I'0fIM1aII/~~/"""'_1Y.-r- I -,....I'ID\IIIIIIII . . ' _au-. ........ PRDOJI OJIIINIURANCI! OILY .....ìlllarr,.__~......___....,. MTI,.........__..._'llD......II- ___ ....".CIMIIPIIIaII___<ftt,.Uft,MIt............. __.__ca~tIIMr_.al...........__. - , ...... .. .. .... -~. ..~...... ..." --_ow '" _...__.._.. ..._..~.. ".':-,:---:-. , .. XI.. -~ 'A.... ..: -¡¡; .~:..- -; . ~ MOM. CIII'IIIIt 1 01 t ,...,- SA . ~ CIORPOM11OII t.. 101 September 30, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Adoption of Resolution for the Naples Park Lake MSBU Dear Legals: Please advertise the above referenced notice on Sunday, October 9, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, '~'-(}1u¡~1 k Trish Morgan, Deputy Clerk P.O./Account #100190 101 NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet at a time certain of 1 :00 p.m" Tuesday, October 25, 2005, in the Collier County Government Center, 3301 East Tamiami Trail, Board Room, Harmon Turner Building, Third Floor, Naples, Florida, for the purpose of hearing obj ections of all interested persons, to the adoption of a resolution approving the plans, specifications, cost estimates and tentative assessment roll and establishing the Naples Park Lake Special Assessment District (the "Benefit Unit"), The purpose of the Benefit Unit is to fund the restoration of aquatics and improve the stormwater management ofthe Naples Park Lake (the "Project"), which lake is surrounded on the north by losth Avenue North, on the south by loih Avenue North, on the east by sth Court East, and on the west by sth Court West. The Project will involve killing and removing cattails, torpedograss, primrose willow and related brush, The Project, which is estimated to cost $16,546.44, is for the benefit of the surrounding property owners of said lake, and is to be paid by a one-time special assessment, with collection by billing and lien in sufficient amount to meet this cost. Non-payment of the special assessment may result in the potential loss oftitle of the property assessed. Individual assessments will be calculated based on the lake trontage for each of the surrounding properties, This is a one-time Project, with no ongoing maintenance, The plans, specifications, costs estimates and the tentative assessment roll, which includes the method of assessment, are on file with the Clerk and the County Manager, and all interested persons may ascertain the amount to be assessed against a lot or parcel of property at the Office of the Clerk, All objections to the approving resolution shall be made in writing, and filed with the Clerk at or before the time or adjourned time of the hearing. The Board of County Commissioners shall receive any objections of interested persons and may then or thereafter adopt the approving resolution, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E, BROCK, CLERK By: /s/ Patricia L. Morgan, Deputy Clerk (SEAL) September 30, 2005 'Criqjity-ðfC<ll,lier ~ '-'-" , CLERK OF THB C¡RCüIT COURT COLLIER COUNTY -~URTÌiOUSE 3301 TAMIAMI T. IL EÄ.~T P,O, BOX 4 ~,()44 \ NAPLES, FLORIDA \~5101-3<k4 ~1/ ¡ '.it lOB Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds ;_.;;.~\ , f j -;l Lucylle Bidelman 869 1 07th Avenue N Naples, Fl 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. B).ÇChCLERK ~ . ~ ~~CJJf) DC ~di R. Rockhold, I Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Ernail: collierclerk@clerk.collier.fl.us September 30, 2005 '-CWj.jity-OfCiLll,lier ~ ,4...... ! CLERK OF THE èIlRCtIIT COURT COLLIER COUNTY qQ'. URTÌ\OUSE 3301 TAMIAMI T~IL EA~T P,O, BOX 4 f~044 \. NAPLES, FLORIDA ~$101-3d44 t( i .'¡.'¡ I :-1,{.,· } " ( 8-4 /' lOB Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Lloyd L. Bowein 10021 Gulf Shore Drive Naples, FL 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, rtw G~T H~CK, CLERK . ~ . LJ LfjJdÁtJiJ11J f eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.ß.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 Cálj.e.fy-..?fC~ll\~ier CLERK OF THÉ è¡RCUIT COURT COLLIER COUNTY qaURTPIOUSE 3301 TAMIAMI TIµIL EÄ~T P,O, BOX 41-'[044 \. NAPLES, FLORIDA~,1l0l-3<k4 1.( I \L lO~ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds '~,~'-' " \. f J~.J David A. Donnelly Stella S. 802 8th CT W Naples, Fl 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9,2005. You are invited to attend this public hearing. Sincerely, D IGHT E. BROCK, CLERK e£¿ 'Q f?pcJ;hJ1J¡ fJc eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'G.aun1\l-ofGøllier CLERK OF :?HB-C¡RCtJIT COURT COLLIER COUNTY -C¡¡' URTkOUSE 3301 TAMIAMI T. IL EA~T J:. \ P.O, BOX 4~ª,044 \ NAPLES, FLORIDA ~~ß.1O 1-3044 ~/ i 10~ September 30, 2005 '~'b Clerk of Courts Accountant Auditor Custodian of County Funds . V'" \ (' :)~)' John Paul & Diane Ervin 854 108th Ave. N Naples, FI 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News·on Sunday, October 9,2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ';$/ud . Q. qod}¡()1j}, ø c ( &feidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.colIier.ß.us Fax - (239) 775-2755 Email: colIierclerk@clerk.colIier.ß.us September 30, 2005 (~Oi!"pty--()f'Cøl.1ier -... ,'''- , CLERK OF THE è¡RCUIT COURT COLLIER COUNTY -t- URTkoUSE 3301 TAMIAMI T IL EA~T P.O, BOX 4 ~{)44 \. NAPLES, FLORIDA ~ß,101-3d.t4 ¥( I ·t:L~ l.O B Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds :'-,:"..:.>... - ( ::)"-;.' Christine Falta 822 108th Ave. N Naples, Fl 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. O,0tJ(j{j¡{)W¡tVC!. ~idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.ß.us September 30, 2005 'GOiiJity-ofGø~lier CLERK OF THE'"Ö¡RCtIIT COURT COLLIER COUNTY -t' URTPrOUSE 3301 TAMIAMI T IL EA~T ),~ \ P.O, BOX 4 ~U44 \ NAPLES, FLORIDA ~$.101-3d44 Y{' I ~;~: .' ,1:, J '" ( :",~,_1 / \OB Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Edward G. Gauthier P.O. Box 770192 Vanderbilt Beach, FI 34107 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, ~DWIGHT E. BRACK, CLERK " (). U)tJcJcAdJ) iJC eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.colIier.fl.us 10 Dwight E. Brock Clerk of Courts 'GOl!Pty- 0 fG~)'~li er .... ,..-.. ! CLERK OF TH:Ë è¡RClJIT COURT COLLIER COUNTY Cpl, URTkOUSE 3301 TAMIAMI TJµIL EA~T P,O. BOX 41-~044 \. NAPLES, FLORlDA ~~ 1 0 1-3~4 ~t i Clerk of Courts Accountant Auditor Custodian of County Funds September 30, 2005 t;..~ I ,. ;',i'G~: .1 ", ( ::?-.__1 " Karen Gilley 821 107th Ave. N Naples, FI 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT EíJBR?)K' CLERK vi¿¡£ , ~ If;~ I ¡()C ( ~:di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'co.unA·'-ofCø'11ier ....._~~.. L.. ] ~ ~ ~---.. \ CLERK OF THE: è¡RCúIT COURT -, \ COLLIER COUNTY qoURTP~pUSE 3301 TAMIAMI TytAIL EÄ~T P,O, BOX 4~~044 \ NAPLES, FLORIDA ~ft,101-3drt4 t( I lOB September 30, 2005 /\.{ ,..,.....,.:..."...',' Clerk of Courts Accountant Auditor Custodian of County Funds , ¡' )A' / Mary Mathews 102 Sharwood Drive Naples, Fl 34110 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ . a 0ðcÜwdJ (æ (~idi~. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.t1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.t1.us Dwight E. Brock Clerk of Courts 'COlin."'t\u-of,Cø'11i er ~~.L" J \ ~ ~-''''''' I CLERK OF THE G¡!tCQIT COURT COLLIER COUNTY tURTkOUSE 3301 TAMIAMI T IL EÁ~T ,. \ P,O, BOX 4 ~044 \ NAPLES, FLORIDA~~101-3d44 ".if I lOE September 30, 2005 r--:,:,rli~;' , '::) Clerk of Courts Accountant Auditor Custodian of County Funds JCRS LLC 8025 San Vista Circle #13L Naples, FI 34109 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. B~CK, CLERK ~dJ' . (] 0fJclAaJ) / ø C ( ~eid~ R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.f1.us September 30, 2005 :CòïinÂ-i'-öfCø-l1ier "'~~") ,--~-. \ CLERK. OF THE G¡RCTIIT COURT COLLIER COUNTY '-~'- URTHOUSE 3301 TAMIAMI T IL E~T P.O, BOX 4 ~044 \ NAPLES, FLORIDA ~$,101-3drt4 ~./ I YL" ! ';"~").~j /' lOB' Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Marc V. La Banca Jean M. Shymonowicz 858 l08th Ave. N Naples, Fl 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t::.R~rO, ~C Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.colIier.ß.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'CoÜ~ty~..?f.Ctll,~ier CLERK OF THE d¡RCOIT COURT COLLIER COUNTY -~' URTkoUSE 3301 TAMIAMI T IL EÁ~T P,O, BOX 4 ~tl44 \, NAPLES, FLORIDA~4101-3d44 ~t I IDE Clerk of Courts Accountant Auditor Custodian of County Funds September 30, 2005 ft:i . .",.~" .;1>+,.., j -./ Jon Keith Loge P.O. Box 112 Naples, Fl 34106 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, ~WG~TE.B~CK'CLERK d1' Q. l/;fxfJøfJ I ¡j)( eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 'cai!iity-'()fGC¡l~lier CLERK OF THIrèlRCÙIT COURT COLLIER COUNTY ~' URTÌ'lOUSE 3301 TAMIAMI T IL EA~T " \ P,O, BOX 4Í'~44 \ NAPLES, FLORIDA ~ß.101-3drt4 ~( i ..-,~::~,~;~- , ;~:_~".~~ ! , r '-~-.l lOB' Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Barbara H. Long P.O. Box 8944 Naples, Fl 34101 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. 0.. O;~I IJ(J ¿.J¡eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@cIerk.collier.fl.us September 30, 2005 'Cóii1ï1\'-ofC<lllier ~~"""'J,.___.. \ CLERK OF TH:Ë ()~RCtIIT COURT COLLIER COUNTY tURTÌtOUSE 3301 TAMIAMI T IL EÁ~T P,O, BOX 4 ~U44 \ NAPLES, FLORIDA ~~ 1 0 1-3044 .....1 " it I '.'\..,:' I ---"':;:'1\::<: J . \. r '.'~.l lOE Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Russ Madio 8211 W. Broward Blvd. Suite 120 Ft Lauderdale, Fl 33324 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, OW: GHT E. BRACK, CLERK . Q ~O!f); [)C eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 ;ca.ij.jjty~..~fnGøl~ier CLERK OF TH£ Ù¡RCtJIT COURT COLLIER COUNTY -tURTkOUSE 3301 TAMIAMI T IL EÄ.~T P,O, BOX 4 ~44 \. NAPLES, FLORIDA ~~101-3d44 i< í H;¡ ¡ '''·'~:·'fG';, l , ( ).~)' 10 BI Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Maria J. Martinez 865 1 07th Ave. N Naples, FI 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, >Ew GHTE'B. ROCK, CLERK ch . (), D¡ocJd;iliJ, IX' eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@cIerk.collier.t1.us Dwight E. Brock Clerk of Courts (COi¡ijty~,~fCø~~ier CLERK OF THÊ Ò¡RCDIT COURT COLLIER COUNTY -t~URTÌiOUSE 3301 TAMIAMI T L EÀ~T P,O, BOX 4 ~044 \ NAPLES, FLORIDA~$, 10 l-3~4 if, I loa' September 30, 2005 j~t;.:" \ >j,t:\::_~l Clerk of Courts Accountant Auditor Custodian of County Funds Anna Met Anna A. Popiak 119 Benham Ave. Syracuse, NY 13219 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear PetitionerlLandowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ylurfr (J. OpéJrJ,a[),X I Meidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.ß.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.f1.us September 30, 2005 'COli~ty~~,?fG~l~lier CLERK OF TH~ è}~RCúIT COURT COLLIER COUNTY -~URTkOUSE 3301 TAMIAMI T IL E~T P,O, BOX 4 ~044 \. NAPLES, FLORlDA ~j101-3drt4 .....1 " tC I ,:,x.~:/.-..- J l'<o"~ I '. ( .:?~1 / 10£ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Thomas Mooney 857 107th Ave. N Naples, Fl 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9,2005. You are invited to attend this public hearing. Sincerely, DW GHT E~R9)K, CLERK . (){ ~ ß(J eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.ß.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.ß.us September 30, 2005 'GOJiiihf-öfG(¡lllier ,.,..........f.£ "J ~ -.:;¡,. '~''''...... \ CLERK OF THE ()¡RCtJIT COURT COLLIER COUNTY -~' URTÌ\OUSE 3301 TAMIAMI T IL EÀ~T P.O, BOX 4 ~44 \ NAPLES, FLORIDA ~4101-3drt4 1/, I YL,¡ } ""':~'"1X;~: j , ( :.?-~/ lOBI Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Lillian Orner 838 108th Ave. N Naples, FI 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, D~GHTE.BROCK,CLERK ~~~o9Dmnm I lJel Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 'GÒl.i~t'y- ofC<i)'Ui er CLERK OF THlf()¡RCDIT COURT COLLIER COUNTY -~URT~OUSE 3301 TAMIAMI T IL EA~T .' \ P.O, BOX 4 [044 \ NAPLES, FLORIDA ~~ 101-3044 V( I ¥;, 'I :It;; ( )--/' loal Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Mary C. Panta1ena 188 Johnnycake Drive Naples, F1 34110 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, D~GHTE.BROCK,CLERK ~, Q'~O~t~e { ~idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'Coi!¡jty-~,~fG~ll!ier CLERK OF THE èllRCtIIT COURT COLLIER COUNTyitURTà.OUSE 3301 TAMIAMI IL EA.~T P.O, BOX 4 ~044 \ NAPLES, FLORIDA ~~lOl-3d44 t/, I lOB September 30, 2005 ,··.!i:N ¡' ..,<:..... " ( :'2~ J' Clerk of Courts Accountant Auditor Custodian of County Funds Elmer D. Park 845 1 07th Ave. N Naples, Fl 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~, (Å, qoc.OOO .œ [Midi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'Goij.pty-ðfG~l~lier ..... "--" , CLERK OF THE GlRCQIT COURT COLLIER COUNTY ~URTkOUSE 3301 TAMIAMI T IL EÁ~T P.O. BOX 4 ~044 \. NAPLES, FLORIDA ~ß.101-3Ort4 ~( I lOB September 30, 2005 n¡ Clerk of Courts Accountant Auditor Custodian of County Funds "._>:~ i~< \. ( :'1--;l Casper J. & Carolyn Pfister 1430 Jung Blvd. E Naples, FI 34120 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~·a.o;~,[)(? "idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 ;Coiinfu-'of-C~ll1ier CLERK OF T~B-G¡J{CQIT COURT COLLIER COUNTY ~URTÌ\OUSE 3301 TAMIAMI T IL EÁ~T P,O. BOX 4 ~44 \ NAPLES, FLORIDA ~,1l0l-3d44 1.( i ,.<-rt;t< ./ \ ....-J \, :?- 10ft Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Willard Robert Sass, Jr. 5771 10th Ave. NW Naples, Fl 34119 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Peti tionerlLandowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~L'Q'0~/~C c¿idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30,2005 'COiipfy-ofC(jl~lier CLERK OF THB"è¡RClJIT COURT COLLIER COUNTY ~- URTkoUSE 3301 TAMIAMI T. IL E¡{~T P,O. BOX 4 ~044 \ NAPLES, FLORIDA ~~101-3d44 1( i ~~YLi ¡ 'Ix,\. r' .:.;>. ~)' 1 0 8'"'' Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Barbara A. Walker 2728 Fountain View Circle Apt. 202 Naples, FL 34109 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~l·aOt~I~C l r2idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 'G01!Pty-ofGtll.1ier "- """ , CLERK OF THÉ ètRCtIIT COURT COLLIER COUNTY~URTþ¡OUSE 3301 TAMIAMI IL EÁ~T P,O, BOX 4 ~"()44 \ NAPLES, FLORIDA ~ð101-3dof4 .....1 ' ì,<¡, I lOB ~IJ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds :('~:~.... ' , \j) Daniel & Jeannie U. Wall 660 Bow Line Dr. Naples, F1 34103 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, ~I HTE.BROCK,CLERK . . Q.OpúlhQ1{) ,JJf! H Idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 'GoÜpty-OfC~ll1ier CLERK OF T-HIrè3lRCÚIT COURT COLLIER COUNTY ~URTkoUSE 3301 TAMIAMI T IL E~T P,O, BOX 4 ~044 \ NAPLES, FLORIDA ~ß I 0 1-3644 ~f i XI:" ~:~"~'\ \. ( :-j.~!! /' lOB Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds George R. Jr. & Judy L. White 246 Conners Ave. Naples, Fl 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK W Þili ()¿. Of~ ,.[)[J {gidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 'Goii..iih1--o['Cøllier --...~ "J \ ~ ,-....... \ CLERK OF THÊ GtRCtJIT COURT COLLIER COUNTY t' URTÌ1.0USE 3301 TAMIAMI T IL EA.~T P,O, BOX 4 ~044 \ NAPLES, FLORIDA ~~ 1 0 1-3Orf4 if. I .,.<,:t}:t:~ 10E Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds , ( ::? -;/1 Kyle C. Hughes 841 107th Ave N Naples, Fl34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '1iJd-. Q. q~ (~(' / &~i~i- ~. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 ;CQUiii\"-()fC~ll1ier ......~I~ "J Ç_".....,. \ CLERK OF THÊ GtRCtIIT COURT COLLIER COUNTY ~URTPIOUSE 3301 TAMIAMI T IL EA~T P.O, BOX 4 ~44 \. NAPLES, FLORIDA ~$.101-3~4 t( i -Vk¡ """'«-',-'-0;:;'-' -:"{ ;~")."" '. ( '. :.?-;l tOl Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Susan Joyce Baraban 818 108th Ave N Naples, Florida 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:: . (l O¡~ ,,.{) (! Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.ß.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.ß.us September 30, 2005 'GÒiijity-ofG~ll1ier CLERK OF ;r-HB'-G~RCÚIT COURT COLLIER COUNTY ~-' URTkoUSE 3301 TAMIAMIT ILEA~T ~ \ p,O, BOX 4 ~44 \ NAPLES, FLORIDA ~~101-3drt4 t{ I -n:j ":"', i 10 I Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds . ( :J~1 / Ancela M. Pucciarelli 814 8th Ct W Naples, Florida 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~¡.(J.q~ ðieidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us September 30, 2005 'Goiijify-ofC(¡lllier CLERK OF THlfCtRCOIT COURT COLLIER COUNTY àoURTÌtOUSE 3301 TAMIAMI TRAIL EÁ~T P,O, BOX 4~~044 \ NAPLES, FLORIDA ~1101-3~4 1.(. i YL; ¡1 >'l;;':-:~... .' ", ( è)A I' 10 a I Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Jose J. Jimenez 813 107th Ave N Naples, Florida 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. Q.q~~(ð' ~eidi ~. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.ß.us Fax - (239) 775-2755 Email: collierclerk@cIerk.collier.ß.us September 30, 2005 'Coi!,pty-()fCø~lier ~ ,..,..... ) CLERK OF THE èllRCúIT COURT COLLIER COUNTY tURTÞrO USE 3301 TAMIAMI T IL EA~T P.O. BOX 4 ~U44 \ NAPLES, FLORIDA ~ß,101-3Òot4 v I ,st~N ¡ P'" I ''. ( ':)~.J 10 J Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Norman J. Dery, ET UX 833 107th Avenue N Naples, Florida 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ìJ!:::: ~~Old~uJ)1 Deputy Clerk ~c Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'CQii.nA-'-'of,C€)'11ier CLERK OF i-:I=¥B'-b¡RCÛIT COURT COLLIER COUNTY -~' URTÌiOUSE 3301 TAMIAMI T IL E~T P,O, BOX 4 ~,()44 \ NAPLES, FLORIDA ~~101-3ck4 It ¡ 10B~ September 30, 2005 ..}~;!.:.:. ! 'v, ) , ( ~:.?-/' Clerk of Courts Accountant Auditor Custodian of County Funds Vincent C. Pierce 861 107th Ave N. Naples, Florida 34108 Re: Notice of Public Hearing to Consider a Petition Approving and Establishing the Naples Park Lake MSBU Dear Petitioner/Landowner: Please be advised that the above referenced petition will be considered by the Hoard of County Commissioners on Tuesday, October 25, 2005, as indicated un the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~C90;d~~~ ~(' Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us 10 B~ Heidi R. Rockhold From: Sent: To: Subject: Heidi R. Rockhold Monday, October 03, 2005 9:02 AM 'Iegals@naplesnews,com' Naples Park Lake MSBU Attachments: Naples Park Lake MSBU ,doc; Naples Park Lake MSBU,doc Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005, Naples Park Lake Naples Park Lake MSBU .doc (30.., MSBU.doc (30 ... r{ questions, please call, Heidi R. Rockhold, Minute", and Records Department 239-774-8411 (heidi,rockhold@~clerk.collier .jl,us) Heidi Rockhold · . lOB Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Monday, October 03, 2005 9:02 AM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT2321281,txt; Naples Park Lake MSBU 1=:1.~. .' ~ ATT2321281.txt (231 B) Naples Park Lake MSBU This is an automatically generated DelivelT Status NotUication. Your message has been succes'.~fÌt/ly relayed to thefollowing recljJients, but the requested delivel)' status not(jìcations may not be generated b,V the destination, / egals@).nap/esnelvs,com Heidi Rockhold loa' Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews,com] Monday, October 03.20059:01 AM Heidi R. Rockhold Delivered: Naples Park Lake MSBU Attachments: Naples Park Lake MSBU r-~?l··.... '~...' ,. U Naples Park Lake MSBU «Naples Park Lake A1SBU» Your rnessage To: legals(i.~naplesnew,"".com Suly'ect: Naples Park Lake;A"fSBU Sent: /\4011, 3 Oct 2005 09:0]: 35 -0400 \-vas delivered to thefbllowing recipient(s): legals 011 A1on, 3 Oct 2005 09:00:52 -0400 Heidi Rockhold Naples Park Lake MSBU Heidi R. Rockhold Pagel 01 0 B From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Monday, October 03,20059:26 AM To: Heidi R. Rockhold Subject: RE: Naples Park Lake MSBU OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@clerk.collier.fl.us] Sent: Monday, October 03,20059:02 AM To: legals@naplesnews.com Subject: Naples Park Lake MSBU Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005, «Naples Park Lake MSBU ,doc» «Naples Park Lake MSBU.doc» If questions, please caU, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi, rockhold@clerk.collierfl,us) 10/312005 þ o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue October 9th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, /J), ~ ( Signature of affiant) Sworn to and subscribed before me This October 9th, 2005 &- .~;~ . .. 108 - '-' ,n ORIGINAL DOCUMENTS CHECKLIST & RJuTlJsLIPl 0 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documcnts should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only lifter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairma.n's sil!l1ature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Jeffrey A. Klatzkow, Asst. County Atty. County Attorney JAK lI/17/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Jeffrey A. Klatzkow Phone Number 8492 Contact Agenda Date Item was 10/25/05 (rescheduled to 1111/05) Agenda Item Number lOB Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature Ii ne date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 11/1/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) JAK N/A (Not A licable) 2. 3. 4. 5. 6. JAK JAK JAK JAK JAK I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 05-BCC-OOIIO/19 Ann P. Jennejohn ~ .. .. lOB From: Sent: To: Cc: Subject: NeetVirginia [VirginiaNeet@colliergov.net] Tuesday, December 06,20059:34 AM Ann P. Jennejohn Klatzkow, Jeff; RichardDarryl FW: 05-BCC-0011 0 Work w/Tom Mooney re Naples Park Lake Issue: Ann: Thank you for your reminder. I am forwarding an e-mail from Darryl Richard regarding the need to get a purchase order number for this project which will include recording fees. Either Darryl or I will let you know as soon as this happens. Thank you again. Dinny > ====================================================================== > =================== > Virginia A. Neet, Legal Assistant > Office of the Collier County Attorney Telephone (239) 659-5755 - Fax > (239) 530-6600 > > > -----Original Message----- > From: RichardDarryl > Sent: Friday, December 02, 2005 4:28 PM > To: NeetVirginia > Cc: KlatzkowJeffi HerreraGloriai flagg d > Subject: RE: 05-BCC-00110 Work w/Tom Mooney re Naples Park Lake Issue > > > Dinny, > > The Purchase Order Number has not been recieved as of yet. There was a Budget Amendment necessary. > > I'll check with Gloria Herrera to see what the status is for the Purchase Order Number. > > We've been in need of the PO in order to issue Notice to Proceed to the Contractor. > > Darryl > -----Original Message----- > From: NeetVirginia > Sent: Friday, December 02, 2005 12:27 PM > To: RichardDarryl > Cc: KlatzkowJeff > Subject: 05-BCC-00110 Work w/Tom Mooney re Naples Park Lake Issue > > Darryl: > > Jeff Klatzkow would like to have the last resolution regarding the Naples Park Lake MSBU recorded. In order to do this, Minutes & Records will need the account # to charge the recording fees. I have been talking to Ann P. Jennejohn [Ann.Jennejohn@clerk.collier.fl.us] regarding this. Please provide her or me w~th~he account number so we can record the resolution. -7 ~V~(" ("~~ V~ r1cLt$t 1t)r- : Thanks for your help. I will wait to hear from you. R~Lord:.~ .Ctf'-r::r Sev~l > I~._~. > Dinny L.-ur~ > > ====================================================================== 1 > =================== > Virginia A. Neet, Legal Assistant > Office of the Collier County Attorney [NeetVirginia] > Telephone (239) 774-8066 - Fax (239) 774-0225 > > l 2 1... lOB , l J lOB RESOLUTION NO. 2005- 383A A RESOLUTION OF THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE PLANS, SPECIFICATIONS AND COST ESTIMATES CONCERNING THE PROPOSED PROJECT TO RESTORE THE LAKE BETWEEN 107TH A VENUE NORTH AND 10STH A VENUE NORTH, TOGETHER WITH THE TENT A TIVE ASSESSMENT ROLL AND METHODS OF ASSESSMENT; PROVIDING ADVANCE FUNDING FOR THE PROJECT; PROVIDING FOR PAYMENT OF ASSESSMENT. WHEREAS, Article II of Section 122 of the Collier County Code of Laws and Ordinances (the "Code") sets forth the process for creation of a Municipal Services Benefit Unit (MSBU) and provides that the Board of County Commissioners may determine to establish a MSBU pursuant to a petition of property owners located within such unit; and WHEREAS, pursuant to Section 122-42(1) of the Code, in response to a petition signed by a majority of property owners within the proposed unit, the Board of County Commissioners on July 26, 2005, adopted Resolution 2005-2S0 which created the Naples Park Lake Special Assessment District ("District") and specified the lots and parcels specially benefited. The purpose of the District is to obtain advance funding in an amount not to exceed $40,000 for restoration of the lake between 107th Avenue North and lOSth A venue North; and WHEREAS, in accordance with Section 122-42(2) of the Code, plans, specifications and cost estimates for the improvements constituting the project have been prepared; and WHEREAS, in accordance with Section 122-42(2)a. of the Code, a tentative assessment roll has been prepared, which roll contains: 1. A description of the lots and parcels of real property within the unit which will benefit from such assessable improvements and the estimated amount of benefits to each such lot or parcel of property, provided such lots and parcels shall include the property of the County, and any school district, special district, municipality or political subdivision; 2, The name of the owner of record of each lot and parcel as shown on the tax rolls; 3. The total estimated cost of the project to each benefited lot or parcel; and 4. The method or alternative method of assessment utilized in determining the cost of the project to be assessed to property owners, including any formulas for dealing with irregular lots and any assumptions of depth of the lots; and WHEREAS, a copy of such plans, specification, cost estimates and the tentative assessment roll has been filed with the Clerk, one has been filed with the County Manager, and another copy triplicate shall be retained by the County Engineer in his files, all of which shall remain open LO public inspection; and WHEREAS, in keeping with the requirements of Section 122-42(3) of the Code, the Clerk has completed all required publication and notice requirements, including the mailing of notices to each property owner within the proposed unit at least fifteen (15) days prior to the date of this meeting of the Board of County Commissioners; and WHEREAS, the Board of County Commissioners has considered all objections, written and otherwise, of the property owners and all other interested persons regarding the creation of I. lOB the District, the plans, specifications, and cost estimates of the Project, the tentative assessment roll, and this Resolution; and WHEREAS, the Board has determined that this Project serves a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Collier County Board of County Commissioners hereby approves aforementioned plans, specifications, cost estimates and tentative assessment roll, and adopts same for purposes of assessing the lots and parcels within the District specially benefited by the lake restoration. The total amount of this special assessment shall not exceed $40,000 including all project costs and legal notice and staff administration costs. The individual assessments shall be calculated on the basis of linear foot lake frontage, which is described in the final assessment roll attached hereto as Exhibit "A". 2. All special assessments shall constitute a lien upon the property so assessed from the date of adoption of this Resolution. 3. The Clerk is hereby directed to record this Resolution and all Exhibits attached hereto in the Official Records of Collier County, Florida. 4. A sum not to exceed $40,000 shall be advanced to the MSBU to fund all project costs, including legal notices and staff administrative costs. 5. Within 30 days from approval of the final resolution and the assessment roll, the County Manager shall send notice via U.S. mail to each of the parcel owners of the special assessment amount due. Payment to the County of the special assessment shall be due 30 days from the date such letter is mailed. Thereafter, unpaid assessments shall generate interest owed to the County in the amount of 1 % per month, compounded monthly. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this l~\ day of ~h:X-;-2005. ATTEST: ;", DWIG~E';~WCK,! Clerk - I':~S'.':,"""""" v::?,.... './ii' ,:' (it i\.~~ ~ :t)i " '. ~..,A . ......r': BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~t.htst'. "., .... . sici".t..,-e ~~I.)' -,~, /' .. ::: V :;'4 . By: ~ III lA'. ~ ~ FRED W. COYLE, Chat~ t orm and legal sufficiency: EXHIBIT "A" September 23,2005 Naples Park Lake Value of One Time Assessment Per Property Owner One Time Assessment is CaDDed at $40.000 Total as Der Julv 26. 2005 BCC Action . indicates multiple lots owned by same owner, Lake L.F. is combined Dollar Value per L.F $12.47 $12.47 $12.47 $12.47 $12.47 $1247 $12.4 7 $12.4 7 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 $12.47 I lOB One Time Assessment Per Property $623.50 $1,247.00 $0.00 $623.50 $623.50 $623.50 $623.50 $623.50 $723.14 $0.00 $417.37 $434.95 $441.19 $435.95 $419.37 $392.31 $332.70 $62350 $623.50 $623.50 $623.50 $623.50 $623.50 $623.50 $408.89 S374.35 $393.93 $813.67 $0.00 $406.27 $395.17 $377.47 S427.22 $16,546.44 Property Owner Lot Number Address Taxable Value Lake Front L.F. Falta, Christine 38 822 1 08th Ave N. $50,546.00 50.00 Long, Barbara. 39 830 1 08th Ave N. $363,031.00 100.00 Long, Barbara. 40 830 108th Ave N. SO.OO 0.00 Wall, Jeannie 41 834 108th Ave N. $170,000.00 50.00 Omer, Lillian 42 838 108th Ave N. $19,314.00 50.00 Walker, Barbara A 43 846 1 08th Ave N. $173,706.00 5000 Ervin, John Paul 44 854 108th Ave N. $83,389.00 50.00 La Banca, Marc V 45 858108th Ave N. $187,314.00 50.00 Pantalena, Mary C. 46 862 108th Ave N. $356,043.00 57.99 Pantalena, Mary C. 47 862 108th Ave N. $0.00 0.00 Bowein, Lloyd L 48 870 8th CT E 5100,823.00 33.47 Bowein, Lloyd L 49 874 8th CT E $101,865.00 34.88 Gauthier, Edward G 50 877 8th CT E $43,232.00 35.38 JCRS LLC 51 873 8th CT E $67,830.00 34.96 Bidelman, Lucylle 52 869 107th Ave N $32,457.00 33.63 Martinez, Maria J 53 865 1 07th Ave N $36,604.00 31.46 Pierce, Vincent C 54 861 107th Ave N $90,600.00 26.68 Mooney, Thomas 55 857 107th Ave N $205,660.00 50.00 Loge, Jon Keith 56 853 107th Ave N $33,400.00 50.00 Park, Elmer D 57 845 107th Ave N $64,923.00 50.00 Hughes, Kyle C 59 841 107th Ave N $95,753.00 50.00 Dery ET UX, Norman J 60 833 107th Ave N $232,575.00 50.00 White JR, George R 61 829 107th Ave N $192,728.00 50.00 Sass JR, Willard Robert 62 825 107th Ave N $178,717.00 50.00 Gilley, Karen A 63 821107th Ave N $28,438.00 32.79 Pfister, Casper J 64 817 107th Ave N $121,670.00 30.02 Jimenez, JoseJ 65 813107thAveN $160,017.00 31.59 Donnelly, David A. 66 802 8th CT W $84,12300 65.25 Donnelly, David A. 67 802 8th CT W $0.00 0.00 Mathews, Mary 68 806 8th CT W $169,035.00 32.58 Met, Anna 69 810 8th CT W $204,535.00 31.69 Pucciarelli, Ancela M 36 814 8th CT W $211,848.00 30.27 Baraban, Susan Joyce 37 818108th Ave N $229,647.00 34.26 TOTALS $4,089,823.00 1,326.90 Low Quote - Contractor = $16,117.10 plus Naples Daily News Cost: $424.32-$16,541.42 FORMULA: TOTAL ONE TIME ASSESSMENT OF $16,541.42 DIVIDED BY TOTAL LAKE FRONT LINEAR FOOTAGE =1,326.90); VALUE PER L.F. V=12.47 (decimal rounded to nearest hundreth-add $5.02) ASSESSMENT FOR EACH OWNER IS CALCULATED AS: V x Lake L.F. Ea. owner = One Time Assessment Amount per owner (33 Property owners total) One Time Assessment is Capped at $40,000.00 Total Per BCC Action on 7/26/05 lOG MEMORANDUM Date: November 4,2005 To: Robert Zachary, Assistant County Attorney Office of the County Attorney From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Contract #05-3583 "Professional CEI Services for Immokalee Road from 1-75 to Collier Boulevard", Project 69101 Contractor: Consul-Tech Construction Management, Inc. Enclosed please find three (3) set of the original documents as referenced above, Agenda Item # 1 OC, as approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: 05- P Rc.. DO 3~ 'J DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: November 2, 2005 To: Robert Zachary Assistant County Attorney Rhonda Rembert ~ Contract Specialist 774-8941 From: Re: -")--:'i ,I- ' " COUNiYATTOUNS,y /:, Z005 NOV -3 A HI,: 02 lOC Con~ract #05r3583 "Professional CEl Services for Immoka1ee Road from 1-75 to Collièr Boulevard", Project 69101 Contractor: Consul-Tech Construction Management, Inc, , BACKGROUND OF REQUEST: This contract was approved by the BCC on November 1,2005; Agenda Item 10,C, This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you, C-L~ '7 "....c? f (.... "/ TO: FROM: MEMORANDUM C? .~ ,J Sheree Mediavilla a '-! Risk Management Department " Rhonda Rembert, Contract Specialist ~i2 17 Purchasing Department ~~ DATE: November 2, 2005 RE: Review of Insurance for Contract No, 05-3583 "Professional CEI Services for Immokalee Road from 1-75 to Collier Boulevard"- Project #69101 Consul-Tech Construction Management, Inc.-Contractor .. lOC This Contract was approved by the BCC on November 1, 2005; Agenda Item 10(C). Please review the Insurance Certificates in this Agreement for the above-referenced contract. If you have any questions, please contact me at extension 8941, DATE RECEIVED NQV - 2 2005 RISK HANAGEMENT cc: Michael Greene, TECM ."'1, . ~í:,~... ¡,v';:'Ì' 10C Contract 05-3583 "Professional CEI Services for Immokalee Road from 1-75 to Collier Boulevard" Project 69101 PROFESSIONAL SERVICES AGREEMENT . st .. } THIS AGREEMENT is made and entered into this L day of /V 0 V((.'M.. b~x- .-- 200~ by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Consul-Tech Construction Management, Inc., authorized to do business in the State of Florida, whose business address is 319 Airport Road North, Naples, FL 34104 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Consulting, Engineering and Inspection services of the CONSULTANT concerning Immokalee Road from 1-75 to Collier Boulevard (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. TPA# 1953637,9 PSA D-1 '.'. NOW, THEREFORE, in consideration of the mutual covenants and prQvisions contained herein, the parties hereto agree as follows: lOC ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1, CONSULTANT shall provide to OWNER professional Consulting, Engineering and Inspection services in all phases of the Project to which this Agreement applies, 1,2, The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein, 1,3, The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4, The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates John L. Rowell. P.E., a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible TPA#1953637.9 PSA D-2 '&' t~( to act on behalf of the CONSULTANT with respect to directing, coordinating ÛHld";; . administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder, The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1,6, CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause, Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1,7, The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder, The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the TPA# 19536379 PSA D-3 · .., OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. lOC 1,8, CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph, CONSULTANT shall provide OWNER prompt written notice of any such subpoenas, 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90), The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e, right-of-way _ ROW, centerlines - CL, edge-of-pavement - EOP, etc) , and adhere to industry standard CAD specifications. TPA#1953637,9 PSA 0-4 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein, The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services, With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B, Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services, OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder, If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: TPA# 1953637,9 PSA - lOC D-5 2.1, Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2,3 Providing renderings or models for OWNER'S use, 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2,5, Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder, 2,6, Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office, 2,7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein, TPA# 1953637.9 PSA 4 .. 10( 0-6 -. 2,8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein), : OC 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice, ARTICLE THREE OWNER'S RESPONSIBILITIES 3,1, The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"), The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: TPA#1953637,9 PSA D-7 (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4,1, Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C, Time is of the essence with respect to the performance of this Agreement. TPA#1953637,9 PSA IOC D-8 1~i\i~ 1 0 C 4,2, Should CONSULTANT be obstructed or delayed in the prosecution ': or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay, 4,3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's TPA#1953637.9 PSA D-9 . .. . '.' lOC satisfaction that the CONSULTANT'S performance IS or will shortly be back on schedule, 4,5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5,1, Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6,1, Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"), OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6,2, Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of TPA# 1953637,9 PSA 0-10 the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ... lOC ARTICLE SEVEN MAINTENANCE OF RECORDS 7,1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder, The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours, ARTICLE EIGHT INDEMNIFICATION 8,1, To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8,1, TPA#1953637,9 PS^ 0-11 i, ., - lOC ARTICLE NINE INSURANCE 9.1, CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE 0 to this Agreement. 9,2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida, 9,3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3,1, All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions, 9.3.2, Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9,3,3, All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4, The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule 0, must identify the specific Project name, as well as the site location and address (if any). 9.3,5, All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida, TPA#1953637.9 9,3,6, All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter PSA 0-12 .. -, ';.",,". '~~_;;;1~~ lOC if- under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9,5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9,5.1, The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida, 9,5,2. The insurance company must have a current A. M, Best financial rating of "Class VI" or higher, ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10,1, The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm, Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10,2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder, Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F, CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F, All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. TPA#1953637.9 PSA D-13 10,3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights, Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors, 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor, Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11,1, CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified TPA# [953637,9 PSA ... ~ at D-14 by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. 1 DC ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1, CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. , 12,2, If, after notice of termination of this Agreement as provided for"in parágraph 12,1 . above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12,1, then the notice of termination given pursuant to paragraph 12,1 shall be deemed to be the notice of termination provided for in paragraph 12,3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12,3, below, TPA#1953637.9 PSA 0-15 12.3. OWNER shall have the right to terminate this Agreement, in whole or'¡~!: 1 0 C without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed, CONSULTANT must mitigate all such costs to the greatest extent reasonably possible, 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5, The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein, 12,6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance TPA# 1953637.9 PSA 0-16 "',' ~*,.)~"':"'/:' ., .¡ under the Agreement. If the Services are so stopped for a period of one hundr~~i ~nd twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13,1, CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13,2. In accordance with provisions of Section 287,055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the TPA#1953637.9 PSA - lOC D-17 OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs, All such adjustments shall be made within one (1) year following the end of this Agreement. , ... 1 DC ARTICLE FOURTEEN CONFLICT OF INTEREST 14,1, CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15,1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16,1, All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building G 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director Fax: 239-732-0844 16,2, All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, TPA#1953637,9 PSA 0-18 -- 1 ... by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: DC Consul-Tech Construction Management, Inc, 319 Airport Road North, Naples, FL 34104 Telephone: 239-643-5132 Attn: John L. Rowell, P,E. Fax: 239-643-5134 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article, ARTICLE SEVENTEEN MISCELLANEOUS 17,1, CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing, 17,2, No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17,3, This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17,5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments, TPA#1953637.9 PSA D-I9 17.6, This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ..... 10C 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17,8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17,9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1, This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in TPA# 1953637,9 PSA 0-20 ,"",~'>," . ., 10C Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287,133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 TPA#19536379 PSA D-21 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation, The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida, The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44,102, Fla. Stat. TPA#1953637,9 PSA . .. 10C D-22 . - 10e IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Professional CEI Services for Immokalee Road from 1-75 to Collier Boulevard the day and year first written above. ATTEST: C0IV1M1SS.lq~ERS FOR BOARD OF COUNTY 'i¥. ~ . p~(o;JJ-~lÞè .<~~:;:': ;ha NI4n 'I Approved as to form and le~ž3:~ --; Robert Zac ary Assistant County Attorney COLLIER COUNTY, FLORIDA, By: ~W. ~. Fred W. Coyle, Chairma Consul-Tech Construction Manaaement. Inc. By !#4rl~ j!l-}!~ ¡, ;<'ðW~LL) FE. Typed Name and Title V / cé P 12t:.s.) DEN '; ~A?iPd/~. Witness TPA#19536379 PSA 0-23 .... SCHEDULE A lOC SCOPE OF SERVICES Construction, Engineering and Inspection (CEI) Services for Immokalee Road from 1-75 to Collier Boulevard 1.0 PURPOSE 2 2,0 SCOPE 2 3,0 DEFINITIONS 3 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT 4 5,0 ITEMS FURNISHED BY THE CONSULTANT 4 6,0 LIAISON 6 7,0 COOPERATION AND PERFORMANCE OF THE CONSULTANT 7 8,0 REQUIREMENTS 8 8,1 General 8 8,2 Survey Control 8 8.3 On-site Inspection 9 8.4 Testing 9 8.5 Management Engineering Services 10 8,6 Contractor's CPM Schedule 15 8,7 Constructability Review 16 9,0 PERSONNEL 18 9,1 General Requirements 18 9.2 Personnel Qualifications 18 9.3 Staffing 18 9.4 Licensing for Equipment Operation 19 10,0 SUBCONSUL TANT SERVICES 19 11.0 OTHER SERVICES 19 12,0 POST CONSTRUCTION CLAIMS REVIEW 19 13,0 CONTRADICTIONS 19 14.0 LENGTH OF SERVICE 20 15,0 INVOICING INSTRUCTION 20 EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL 21 TPA#1953637.9 PSA D-24 ,"" . ... lOC SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of work describes and defines the services, which are required for construction engineering, inspection, materials sampling and testing, and contract administration for the construction project listed below, 2.0 SCOPE: The CONSTUL T ANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures. The CONSULTANT shall utilize effective control procedures, which will assure that the design and construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. The project for which the services are required is: COUNTY Project No: 69101 Description: Immokalee Road, 1-75 to Collier Boulevard County: Collier The CONSULTANT shall provide technical and administrative personnel meeting the requirements set forth in Section 9,0 of this Scope of Services in appropriate numbers at the proper times to ensure that the responsibilities assigned under this Agreement are effectively carried out. All construction, engineering, inspection and administration activities shall be performed in accordance with the established standard procedures and practices of the Florida Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be familiar with those FDOT standard procedures and practices and with the procedures and practices for construction, engineering, inspection and contract administration used by Collier County Transportation Engineering and Construction Management Department (T.E, & C.M,D,). The Construction Project Manager will track the execution of the construction contract in order to ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Construction Project Manager has been issued, the CONSULTANT shall be ready to assign personnel within two weeks of notification, For the duration of the project, the CONSULTANT shall coordinate closely with the Construction Project Manager and Contractor to minimize rescheduling of CONSUL T ANT activities due to construction delays or changes in scheduling of Contractor activities. 3,0 DEFINITIONS: A. CONSULTANT Senior Proiect Engineer: The Engineer assigned by the CONSULTANT to manage one or more Construction Projects, This person may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. TPA#19536379 PSA D-25 B, CONSULTANT Proiect Engineer: project. .... The Engineer assigned by the CONSULTANT to manage t~s 0 C C. Construction Proiect Manager: The Collier County T,E. & C.M,D. employee assigned to manage the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in responsible charge and direct control ofthe projects, D. CONSULTANT: The Consulting finn under contract to Collier County for administration of Construction Engineering and Inspection services. E, Contractor: The individual, finn, or company contracting with Collier County T.E, & C,M.D. for perfonnance of work or furnishing of materials. F, Contract: The written Agreement between Collier County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the perfonnance of the work, furnishing of labor and materials, and the basis of payment. G, CONSULTANT Contract: The written Agreement between Collier County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the perfonnance of the work, furnishing of services, and the basis of payment. H, Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. 1. Community Liaison: The Collier County employee assigned to manage Public Infonnation for the Collier County T.E. & C.M,D, ], OWNER: The Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida. K. COUNTY: Collier County, a political subdivision of the State of Florida. 4,0 )TEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT A. The following items will be furnished by Collier County T.E, & C.M.D, on an as needed basis. The CONSULTANT shall submit a request in writing for needed items to the Construction Project Manager. 1, Contract documents for each project as follows: 5 sets Construction Plans - 11" x 17" 5 sets Special Provisions 1 copy Contract F onn 2, All standard fonns for use under the terms of this Agreement will be provided in hard copy at the Pre-Services meeting and via electronic mail. The CONSUL T ANT shall utilize only Collier County forms on the project. TPA#1953637.9 PSA D-26 · .... ;t.~~':: 1 0 C "J'; 5,0 ITEMS FURNISHED BY THE CONSULTANT: The COUNTY will require a satellite office for this project at not additional cost to the County. The office must have at a minimum the following essential items to support the project: Office space within a desired radius to the project for the duration of the project Office telephone Copier rental/lease A. The CONSULTANT shall also furnish such other storage and parking space, as approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement, The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. B. All applicable FDOT documents shall be a condition of this Agreement. The documents normally required by the CONSULTANT are listed below. The CONSULTANT shall review this list and obtain those documents that are not in his possession as well as any other applicable document that may be required that are not listed below. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at www.dot.state.(l.us. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, M,S, 12 Tallahassee, Florida 32399-0450 Telephone No. (904) 488-9220 Documents normally required by the CONSULTANT shall include, but are not limited to, the following list of documents, The version to be used shall be in compliance with the project plans and specifications. 1. Materials Directives: Directives convey certain FDOT practices and procedures relating to sampling and testing of materials entering into construction project. 2 Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance for minimum sampling frequency, sample size, responsibility for sampling, responsibility for testing, test name, appropriate report form number, and sample identifications information for material to be incorporated into construction project. 3, Qualified Products List of Approved Material Sources and Subsequent Updates. 4, Each of the following estimate preparation aids provided by the FDOT: Field Standards for Final Estimates Manual Basis of Estimate Manual TPA# 1953637,9 PSA D-27 - Sample Computations Manual Final Estimate Preparation Short Course lOC 5. Field Sampling and Testing Manual (FDOT & ASTM): FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all field personnel), 7. FDOT Roadway and Traffic Design Standards (for all field personnel). 8. FDOT Structures Standards. 9. Manual on Uniform Traffic Control Devices (MUTCD). 10. Utility Accommodation Guide (FDOT): A list of FDOT Training Courses relating to Construction Engineering and Inspection. C. Field Equipment 1, Includes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, calculators, tape recorders/ transcribers, typewriters, computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level/rod, tripod, roll-a-meters, rain gear, shovels wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity meters. 2, Use-cost equipment described herein and expendable materials under this Agreement will remain the property of the CONSULTANT and shall be removed at completion of the work. Vehicles and hard hats shall have the name and phone number of the consulting firm visibly displayed, The CONSULTANT shall retain responsibility for risk ofloss or damage to said equipment during performance of this Agreement. CONSULTANT personnel using equipment furnished by them shall input all computer coding, The CONSULTANT will also furnish computer services/software needed for project scheduling, documentation, and control (PrimaveralSuretrak, Claim Digger, etc.). Ownership and possession of computer equipment and related software, which is provided by the CONSULTANT, shall remain at all times with the CONSULTANT, The CONSULTANT shall retain responsibility for risk ofloss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. 6,0 LIAISON: The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this Agreement on the construction projects. All activities and decisions of the CONSULTANT relating to the projects shall be subject to review and approval by the Construction Project Manager. TPA#1953637,9 PSA D-28 .... The CONS UL T ANT shall provide coordination of all activities, correspondence, report!r""'dßthe~ 0 C communications related to its responsibilities under this Agreement necessary for the Construction Project Manager to carry out his responsibilities. In performing their duties, the CONSULTANT shall utilize the standard forms provided at the Pre- Services meeting. The CONSULTANT shall utilize an Action Request form for all requests related to CONSULTANT Contract/administrative issues, The Action Request form shall be submitted under separate cover to Construction Project Manager with all accompanying required documentation (Resumes, Certifications, etc.) to each. The content and format of the Action Request form shall be in accordance with the instructions provided by the Collier County T,E. & C.M. D. Construction engineering and inspection forces will be required of the CONSULTANT at all times while the Contractor is working under the construction contract. If Contractor operations are suspended, the CONSULTANT will reduce its staff appropriately, In the event that the suspension of Contractor operations requires the removal of CONSULTANT forces from the project, the CONSULTANT will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces, It shall be the CONSULTANT's responsibility to ensure that sufficient funds to complete services under this Agreement remain in the CONSULTANT Contract at all times. In the event of construction project delays or changes beyond the control of the CONSULTANT, which affect the terms of this Agreement, the CONSULTANT shall submit a Supplemental Amendment Request to Collier County, These requests will be submitted for County approval and execution prior to performing additional work and prior to funds expiration, consistent with and in accordance with the Contract Status Report, or other approved report for tracking CONSULTANT Contract funds. Supplemental Agreements preparation, submission, and subsequent follow-up activities are the responsibility of the CONSUL T ANT in accordance with Section 8,5 (29) and (30), Management Engineering Services. 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT: During the term of this Agreement, the Construction Project Manager will review various phases of CONSULTANT operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement and to confirm that construction work and administrative activities are performed in reasonable conformity with FDOT and Collier County T.E, & C,M. policies, plans, specifications, and Contract provisions, The CONSULTANT shall cooperate and assist the Construction Project Manager in conducting the reviews. If deficiencies are indicated, the CONSULTANT shall implement remedial action immediately in conformance with Collier County T,E, & C.M,D. recommendations, Collier County T.E. & C.M,D. recommendations and CONSULTANT responses/actions are to be properly documented by the Construction Project Manager. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required response times may include, but are not necessarily limited to, the following: A. Further subdivided assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. TP A# 1953637,9 PSA D-29 :"··"·~·"-'i"···'1 - .-'" oc B, Replace personnel whose performance has been determined by the Construction Project Manager to be inadequate. Personnel whose performance has been determined to be unsatisfactory shall be removed immediately. C. Immediately increase the frequency of job control testing in phases of work that are the CONSULTANT's responsibility. D, Increase the scope and frequency of all training conducted by the CONSULTANT. Additionally, Transportation, Engineering and Construction (TECM) personnel may make special reviews of any project. The CONSULTANT shall fully cooperate with and assist in making such reViews, 8.0 REQUIREMENTS: 8.1 General: It shall be the responsibility of the CONSULTANT to administer the Contract to assure that the project is constructed in reasonable conformity with the plans, specifications, and Contract provisions. The CONSULTANT shall observe the Contractor during various operations to ensure the materials and methods used by the Contractor conform to the specifications of the Construction Contract, the FDOT Standard Specifications for Road and Bridge Construction, and designated Notes on the plans. No CONSULTANT under contract with Collier County to perform construction engineering and inspection or material sampling and testing on a particular project shall subcontract with the Contractor to perform Quality Control activities on the same construction project, The CONSULTANT shall advise the Construction Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. Work provided by the CONSULTANT shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 8.2 Survey Control: The CONSULTANT shall verify the existence and accuracy of location for all reference points and baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or disturbed control points as required to maintain the accuracy for survey control. The CONSULTANT shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the CONSULTANT in performing verification surveys of construction layout. The CONSULTANT shall: 1, Make and record measurements necessary to calculate and document quantities for pay items; 2. Make and record preconstruction cross section surveys of the project site where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project. TPA#1953637,9 PSA D-30 3. Perform incidental engineering surveys necessary to carry out the services covered by this Agreement and to verifY and confirm the accuracy ofthe Contractor's survey layout work. '.' . ... lOC ,";;:, 8.3 On-site Inspection: The CONSULTANT shall monitor the Contractor's on-site construction operations and inspect materials entering into the work as required to assure that the projects are completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. The CONSUL T ANT will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The standard procedures and practices for inspection of construction projects are set out in the FDOT Construction Manual. In general, the CONSULTANT shall perform in accordance with these standard procedures and practices and with other accepted practices as appropriate and authorized by the Construction Project Manager, CONSULTANT employees responsible for Work Zone traffic control plan design, implementation, inspection, and/or for supervising the selection, placement, or maintenance of traffic schemes and devices in work zones shall be certified according to FDOT guidelines for Maintenance of Traffic Training (Topic No. 625-010-010-a), 8.4 Testing: The CONSULTANT shall perform, in conjunction with an independent, licensed laboratory, whose selection has been approved in writing by the Construction Project Manager, hired by the CONSULTANT, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable conformity with the plans specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perform all on-site sampling of materials and such testing of materials and completed work items that are normally done in the vicinity of the project. Inspection and sampling of materials and components required at locations remote from the vicinity of the project and testing of materials normally done in a laboratory remote from the project site will also be included. The CONSULTANT shall be specifically responsible for determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D,O,T. label, D,O.T. stamps, etc, The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S testing procedures by obtaining and testing independent assurance samples, Independent assurance sampling is necessary to verifY compliance with the specification requirements, The CONSULTANT shall notifY the Construction Project Manager of schedules for sampling and testing as the work progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the County at the proper time, The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel. The CONSULTANT shall perform all necessary surveillance and inspection of the on-site hot-mix asphalt operations, The CONSULTANT shall provide surveillance and acceptance sampling and TPA#1953637.9 PSA D-31 testing at any hot-mix asphalt plant providing mixes to a project under a Quality Assuriuí~' Specification, ... lOC The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The CONSULTANT shall provide daily surveillance of the Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance sampling at the specified frequency, Sampling, testing and laboratory methods shall be as required by the Florida Department of Transportation's Standard Specifications or as modified by the contract provisions. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done or as otherwise directed by the Construction Project Manager, The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. 8.5 Management Engineering Services: The CONSULTANT shall perform all management-engineering services necessary to properly coordinate the activities of all parties involved in completing the project. These include maintaining complete, accurate records of all activities and events relating to the project; properly documenting all significant project changes; interpreting plans, specifications, and Construction Contract provisions in conjunction with the Engineer of Record; making recommendations to Construction Project Manager to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of Contractor activities, The CONSULTANT shall also perform other management engineering services normally assigned to a Project Engineer that are required to fulfill its responsibilities under this Agreement. All recording and documentation will comply with standard FDOT and COLLIER COUNTY procedures, formats, and content. Services include, but are not limited to, the following: (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-service conference for the project in accordance with FDOT Procedure 700-000-000-a. At the pre-service meeting the CONSULTANT shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing. The CONSUL T ANT shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. (2) Prepare and submit to the Construction Project Manager for county approval, within thirty (30) days after the pre-service meeting, a hard copy of the project specific CONSULTANT Contract administration documents listed below. The CONSULTANT Contract administration documents, TPA#1953637,9 PSA D-32 ~".;, lOC which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content provided by Collier County T,E. & C. M. D. The CONSULTANT Contract administration documents consist of but are not limited to the documents listed below: Action Request Form CONSULTANT Authorization to Execute Work Orders Letter of Transmittal Form Request For Supplemental Services Scope of Services Supplement No. Contract Status Report, or other approved fund tracking report CEl CONSULTANT Firm Estimated Staffing (completed in accordance with the original CONSULTANT Contract agreement) CEl CONSULTANT Fee Proposal CEl CONSULTANT Data (3) Schedule and conduct a preconstruction conference for the project in accordance with Article 8-3,5 of the FDOT Standard Specifications for Road and Bridge Construction. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties, The meeting shall also be electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for the duration of the Contract. (4) Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with Final Estimates preparation procedures and specifications. (5) Maintain a Project Diary in conformity with FDOT format, (6) Maintain a log of all materials entering the work with proper indication of the basis of acceptance of each shipment of material. (7) Maintain records of all submittal dates and testing accomplished under Section 8.2 - 8.7 of this Exhibit "A" and analyze such records required to ascertain acceptability of materials and completed work items. (8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantities shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate, (9) For interpretations of the plans, specifications, and Contract provisions, the CONSULTANT shall consult with the Construction Project Manager when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the Construction Project Manager may request an interpretation from the Engineer of Record. The Construction Project Manager shall coordinate all requests for involvement of the Engineer of Record, (10) Analyze problems that arise on a project and proposals submitted by the Contractor and prepare and submit a recommendation to the Construction Project Manager. TPA#1953637.9 PSA 0-33 · .. ··10C (11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra work which appear to be necessary to carry out the intent of the Contract when it is detennined that a change or extra work is necessary and such work is within the scope and intent of the original Construction Contract. Recommend such changes to the Construction Project Manager for approval. (12) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in Section 8,6, Contractor's CPM Schedule. (13) Analyze major problems that arise on the project and prepare a recommendation to the Construction Proj ect Manager. (14) When it is detennined that a modification to the original Contract for a project is required due to a necessary change in the character of the work, negotiate prices with the Contractor and prepare the required Work Order Directive and change order in accordance with applicable Collier County procedures, The CONSULTANT shall provide an analysis of the cost and/or time adjustments associated with the Work Order Directive, (15) In the event that the Contractor gives either written or verbal notice that he deems certain work to be perfonned is beyond the scope of the Contract and that he intends to claim additional compensation, the CONSULTANT shall maintain accurate cost account records of such work. These records shall include manpower and equipment times and materials installed (temporary or pennanent) in the portion of the work in dispute. (16) In the event that the Contractor for a project submits a claim for additional compensation, the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County Project Manager covering validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. Maintain complete, accurate force account and other records of work involved in claims, (17) In the event that the Contractor for a project submits a request for extension of the allowable Contract time, analyze the request and prepare a recommendation to Construction Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items, (18) Prepare the Final Estimate and submit to the Construction Project Manager, with backup computations accompanying Computations Booklet in accordance with FDOT Field Standards for Final Estimates Manual. This task must be completed within Twenty (20) calendar days after conditional or final acceptance of a project by Collier County T,E, & C,M.D. (19) Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any pennits. For each project that requires the use of the NPDES General Pennit, supply at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." Notify the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the construction Project Manager immediately. NPDES Erosion Control Inspection Requirements (if implemented by the Department of Environmental Protection): Those facilities that have an NPDES Pennit and which discharge storm water from construction activities directly to waters of the United States which are listed on the EPA TPA#1953637.9 PSA 0-34 .... . . approved 3 03 (d) list for total suspended solids (TSS), or other indicators of so lids tra1lS~':tion lcP C as turbidity, siltation, or sedimentation shall comply with the following: a, The permittee shall monitor by grab sample by a Certified NPDES Inspector, during regular working hours, once per month within the first 30 minutes of a qualifYing event or within the first 30 minutes of the beginning of the discharge of a previously collected qualifYing event for Settleable Solids (mil), Total Suspended Solids (mg/l), Turbidity (NTUs), and flow (MGD), b. Where the receiving water has flow upstream form the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream form the influence of the discharge of storm water from the site. c. The soil type and average slope of the drainage area for each outfall shall be reported with the Discharge Monitoring Report submitted in accordance with section "e" (below), d. A qualifying event for the purpose ofthis section is a rain event of 0.5 inches or greater in a 24- hour period as determined by the project rain gauge, e. Data collected in accordance with the above items shall be submitted to Environmental Protection Agency, the Florida Department of Environmental Protection, Construction Project Manager and a copy retained for the project file. f, Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance Document (EPA 883-B-92-001). g. Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water Sampling Guidance Document. h. Within 48 hours of collection of samples, deliver the samples to a laboratory. i. Shop drawing/sample submittals shall be coordinated and the status tracked as each progress through review and approval. The CONSULTANT shall actively encourage all reviewers to accomplish reviews promptly. (20) Provide timely coordination between the Contractor and utility companies to assure that conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction, Documentation will be maintained in accordance with FDOT procedures, (21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractors, and/or utility companies to review plans, schedules, problems, and other concerns. The Community Liaison shall attend these meetings. The CONSULTANT shall record the results of the meeting in written minutes, The CONSULTANT shall distribute the meeting minutes as directed by the Construction Project Manager, These meetings shall also be recorded electronically and the CONSULTANT shall maintain the tapes for the duration of the Contract. (22) Conduct and document field reviews of the maintenance of traffic operation during and after normal working hours and on weekends, nights, and holidays, Special concern shall be given to pedestrian and bicycle access throughout the work. (23) TPA#19536379 Perform survey work when required or requested by the Construction Project Manager. PSA D-35 ~ 1 DC (24) Produce reports; verifY quantity calculations, and field measure for payment purposes as needed to prevent delays in Contractor operations. (25) With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will supply the CONSULTANT Project Engineer's accounting of the additional Contract calendar days allowed to date, an estimate of the additional Contract calendar days anticipated to be added to the original Contract schedule time, an estimate of the Contract completion date, and an estimate of the CONSUL T ANT funds expiration date per CONSULTANT Contract schedule for the prime CONSUL T ANT and for each subconsultant. (26) When the CONSULTANT identifies a condition that will require an Amendment to the CONSUL T ANT Contract, the CONSULTANT will communicate the need to the Construction Project Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the request and all accompanying documentation to the Construction Project Manager and for approval and further processing, The CONSULTANT shall submit the amendment request prior to the depletion of the CONSULTANT Contract funds (consistent with and in accordance with the Contract Status Report) and shall allow Collier County adequate time to process, approve, and execute the amendment. The content and format of the amendment request and accompanying documentation shall be in accordance with the instructions and format for the Collier County T.E, & C,M.D, (27) The CONSULTANT for the project shall be responsible for performing follow-up activities to determine the status of each contract amendment submitted to the Construction Project Manager. (28) The Construction Project Manager will normally perform a CONSULTANT CEI PERFORMANCE EVALUATION at the completion of the project. The Construction Project Manager will meet with the CONSULTANT, at the CONSULTANT's request, to discuss the performance evaluation, (29) Provide general public information services as required. Prepare "Road Alerts" for Community Liaison's release concerning lane closures, traffic switchovers, detours, etc. Inquiries from public officials and the news media shall be directed to the office of the Community Liaison for coordination. Prepare newsletters for distribution to adjacent property owners as may be required, The Construction Project Manager must approve, in conjunction with the Community Liaison, all brochures, responses to news media, etc" prior to release, (30) Report. Prepare and submit to the Construction Project Manager monthly, a Construction Status (31) Video tapes the preconstruction conditions throughout the project limits, Provide a digital photo log of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy, The Consultant shall use a software system fully compatible with Collier County Software to manage the digital picture album system. 8.6 Contractor's CPM Schedule: Initial CPM Review and Validation TPA# 1953637.9 PSA 0-36 IOC The CONSULTANT shall analyze the Contractor's CPM Schedules for completeness and flow of activities, assuring that this schedule meets the Contract documents, This overview will validate that the schedule is functional, the information provided is reasonable, and the Contractor's plan for project completion within the Contract time is reasonable, ," ¡~+ ! The CONSULTANT shall provide the Contractor a written review that identifies any significant omissions, improbable durations, or errors in logic and provide the Construction Project Manager with recommendations pertinent to planning and scheduling the project work and completion of the project within the allowed Contract time. 8.7 Monthly Progress Review The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT shall assure the Contractor complies with all requirements for periodic schedule updates and review the updates within 15 days to determine their accuracy. The CONSULTANT shall review all schedule changes. The CONSUL T ANT shall identify and document any future or existing problems and require the Contractor to disclose in writing his plans for preventing or resolving these problems. The CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review meeting-to- meeting attendees and other interested parties. Contract Modifications The CONSULTANT shall assure that Contract modifications are based in the latest approved schedule and reflected in the next version of the Contractor schedule. Planning The CONSULTANT shall work with the Contractor to establish a two-week look ahead schedule indicating expected Contractor work for discussion at the regular progress meetings, The anticipated work activities will be reviewed with all affected utility companies. The CONSULTANT shall use this schedule to establish whether or not the Contractor's near term plan will resolve or mitigate any previously unanticipated conflict or issues, As Built Plan The CONSULTANT shall check and verify the accuracy of the Contractor's as-built construction plans monthly by comparing it with the Contractor's daily logs, 9.0 PERSONNEL: 9.1 General Requirements: The CONSULTANT shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A-A." 9.2 Personnel Qualifications: TPA#1953637.9 PSA D-37 f 1 DC The CONSULTANT shall utilize only competent personnel, qualified by experience and education. The CONSULTANT shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each with respect to salary, education, and experience, Minimum qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request form for personnel approval shall be submitted to the Construction Proiect Manager at least two weeks prior to the date an individual is to report to work. 9,3 Staffing: Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate, Responsible personnel, thoroughly familiar with all aspects of construction and final measurements ofthe various pay items, shall be available to resolve disputed final pay quantities until the appropriate Contract has been paid off. Proposed staff, including qualifications, must be submitted using Action Request forms provided by Collier County. These will be previewed and preapproved by the Construction Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the CONSULTANT within one week of Collier County notification, Personnel identified in the CONSUL T ANT technical proposal are expected to be assigned as proposed and are committed to performing services under this CONSULTANT Agreement. Personnel changes will require written approval from Collier County. As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the personnel it has assigned to that project. Construction engineering and inspection forces are required of the CONSULTANT at all times while the Contractor is working on the Contract, but if Contractor operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel adjustments recommended by the Construction Project Manager will be accomplished within one week of notification, The CONSULTANT will be allowed a maximum often (10) days to demobilize, relocated, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. 9.4 Licensing for Equipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSULTANTS operating nuclear surface moisture-density gauges on Collier County projects are required to comply with Section X of FDOT' s revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a, Nuclear Manual). 10.0 SUBCONSULTANT SERVICES: The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized professional services with prior written approval of the County, If required, the CONSULTANT shall provide all geotechnical services for this project. 11,0 OTHER SERVICES: Upon written authorization by the Construction Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. The TPA#1953637.9 PSA 0-38 lOC following items are not included as part of this Agreement, but may be required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under this Agreement. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 12,0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor for the project submits a claim for additional compensation and/or time after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the written request from Collier County, analyze the claim, prepare a recommendation to the Construction Project Manager covering validity and reasonableness or charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement. 13.0 CONTRADICTIONS: In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S proposal, the provisions of the Scope of Services shall override other considerations. 14.0 LENGTH OF SERVICE: The CONSULTANT services for the Contract shall begin upon written notification to proceed by the Construction Project Manager. This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's discretion. The length of services as herein established for Contract on the CONSULTANT beginning work when notified and continuing to work until acceptance. For estimating purposes the CONSULTANT will be allowed an accumulation of thirty- (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed. The anticipated letting schedules and construction times for the projects are tabulated below: Construction Estimate County Letting Date Project No, (Mo/Day/Yr) 69101 09/06 Consultant Estimate Start Date Duration Time Start Date (Mo/Day/Yr) (Days) (Mo/Day/Yr) 04/06 671 02/06 Duration Time (Days) 791 TPA#1953637.9 PSA D-39 lOC 15.0 INVOICING INSTRUCTIONS: Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no later than the 20th day of the month following the month being invoiced. If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notify Collier County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the CONSULTANT shall notify the Construction Project Manager via E-Mail of the total delay in calendar days and the reason(s) for the delay(s), All invoices shall be submitted to Collier County in hard copy format. EXHIBIT "A-A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL * Before the project begins, all project staff shall have posses all the knowledge, skills, and abilities required in obtaining the necessary certifications for performing the duties ofthe position they hold. The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to Collier County and should occur as work load permits. Current FDOT certifications may be used until specified time limits as posted in the Construction Training Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the FDOT Web page under training for current dates. SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non-de greed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction, Qualifications include the ability to communicate effectively in English (verbally and in writing), Direct a highly complex and specialized construction engineering administration and inspection program. Plan and organize the work of subordinate and staff members, Develop and/or review policies, methods, practices, and procedures; and review programs for conformance with FDOT standards. Also must have the following: Qualifications: None Certifications: MOT Level II A TTSA or IMSA. A Master's Degree in Engineering may be substituted for two (2) years experience. PROJECT ENGINNER - A Civil Engineering degree plus two (2) years engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience (two (2) years of which involved construction of major road and bridge structures). Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems, Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be required to attend the Final TPA# 1953637,9 PSA D-40 I lOe Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards, Will be responsible for the progress and final estimates throughout the construction project duration, Must have the following: Qualifications: Asphalt Roadway Level II (will require Roadway Level I written exam) Certifications: MOT Level II ATTSA or 1M SA TPA#1953637.9 PSA D-41 lOC SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES B.1. MONTHLY STATUS REPORTS B.1,1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle, Among other things, the report shall show all Service items and the percentage complete of each item, B1,1.1 All monthly status reports and invoices shall be mailed to the attention of: Michael Greene, Project Manager Transportation Engineering and Construction Management Department 2885 South Horseshoe Drive Naples, Florida 34104 (239) 774-8192, (239) 659-5771 fax Michaelg reene@colliergov,net B,2. COMPENSATION TO CONSULTANT 8.2,1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below, Provided, however, in no event shall such compensation exceed the amounts set forth in the table below, ITEM TASK 1. 2. 3, 4, Services NOT TO EXCEED AMOUNT: $ 670,702,00 $ 826,677,00 $ 20,000,00 $ 23,900,00 $ 1,541,279,00 B,2,2, Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment B to this Schedule B, B,2,3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by TPA# 19536379 PSA 0-42 lOC OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B,2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided, The negotiated fee shall be based upon the rates specified in Attachment B to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3,5.1 below, There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B,2.5, The compensation provided for under Sections 2,1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services, B.2,6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable, B.3, SCHEDULE OF PAYMENTS: B,3,1, CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1,1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month, Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner, Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B,3.2, Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc,) shall be returned to CONSULTANT for correction, Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B,3,3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2,1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing, TPA#1953637.9 PSA D-43 ~:., 1 0 Payments for Additional Services of CONSULTANT as defined in Article 2 C 8,3.4 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. 8,3,5 Unless specific rates have been established in Attachment 8, attached to this Schedule 8, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3,5.1 Reimbursable Expenses associated with Additional Services must comply with section 112,061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 8,3,5,1,1, Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8,3.5,1.2, Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F,S, Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded, 8.3,5,1,3. Permit Fees required by the Project. 8.3,5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3,5,1,5 Expense of models for the County's use, 8.3.4,1,6 Other items on request and approved in writing by the OWNER. 8.3.5,2 Should a conflict exist between the dollar amounts set forth in Section 112,061, F.S., and the Agreement, the terms of the Agreement shall prevail. TPA# 1953637,9 PSA D-44 ~ 1 DC SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Schedule of fees for Basic Services Task 1. Management Engineering Services $670,702.00 Construction coordination Complete record keeping of all activities and events Document all significant changes to the project Contract, plan, and specification interpretation Dispute resolution solutions (contractor and the public) Maintain required level of surveillance of contractors activities Prepare and document monthly pay requests · Web site management and public relations · Constructability Reviews Task 2. Inspector Services $826,677.00 · Maintenance of Traffic · Erosion, sedimentation and pollution control · Embankment, base, and pavement structure · Signing and marking plan conformance Utility inspection personnel provided Task 3. Testing Services $20,000.00 · Field Sampling and material testing Task 4. Survey Services $23,900.00 Horizontal and vertical control verifications pre-construction and post-construction. Task 5. Expenses $0.00 · Rent Phone/Fax/DSL Line · Electric · Cleaning Service · Copier (Rental & Maint.) Total for Tasks 1 through 5 $1,541,279.00 I . Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. TPA#19536379 PSA 0-45 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE FEE RATE SCHEDULE Professional Fee Sr, Project Engineer $134.18/hr Project Administrator $ 94.37/hr Office Manager $ 51,83/hr Senior Inspector (Regular Time) $ 7Q,QO/hr Senior Inspector (Premium Time) $ 92,OO/hr Inspector (Regular Time) $ 55,OO/hr Inspector (Premium Time) $ 80,OO/hr PSM $15Q,QQ/hr Survey Technician $ 85,OO/hr 3-Man Survey Crew $1120,QQ/day END OF SCHEDULE B TPA#1953637.9 PSA þ 10C D-46 SCHEDULE C PROJECT SCHEDULE Task 1. Management Engineering Services Construction coordination Complete record keeping of all activities and events · Document all significant changes to the project · Contract, plan, and specification interpretation Dispute resolution solutions (contractor and the public) Maintain required level of surveillance of contractors activities Prepare and document monthly pay requests · Web site management and public relations Task 2. Inspector Services Maintenance of Traffic Erosion, sedimentation and pollution control Embankment, base, and pavement structure Signing and marking plan conformance · Utility inspection personnel provided Task 3. Testing Services · Field sampling and material testing Task 4. Survey Services Horizontal and vertical control verifications pre-construction and post-construction, Based on 26 month CEI contract @30.42 days * (average)/month END OF SCHEDULE C TPA# 1953637,9 PSA 791 Days* 791 Days* As Needed As Needed "" 1 DC D-47 I lOC SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents, If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility, (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater, (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder, In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or TPA#19536379 PSA D-48 limits received by CONSULTANT from its insurer, and nothing contained herein ~~all lOG relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy, (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased, If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used, The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. TPA#1953637,9 PSA D-49 (9) If the initial, or any subsequently issued Certificate of Insurance eXPir:s prior 1 0 C to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida, The amounts of such insurance shall not be less than: a, Worker's Compensation - Florida Statutory Requirements b, Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee -- (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed, TPA#19536379 PSA D-50 ~ lOC (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work, _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work, _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes _ No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage, Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate TPA# 1953637,9 PSA $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 D-51 I 10C Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording, "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you," Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT, Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims, (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL T ANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable TPA#1953637,9 PSA 0-52 AUTOMOBILE LIABILITY INSURANCE lOC Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis, (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance, PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance, Such insurance shall have limits of not less than: TPA#1953637.9 PSA D-53 ~ lOC _ $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion, (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision, In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. TPA#1953637,9 PSA D-54 VALUABLE PAPERS INSURANCE lOC (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy, If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a, The date the professional liability insurance renews. b, Current policy limits. c, Current deductibles/self-insured retention. d, Current underwriter. e, Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy, f. Cost of professional insurance as a percent of revenue. g, Affirmation that the design firm will complete a timely project errors and omissions application. TPA#1953637,9 PSA 0-55 (3) If OWNER elects to purchase a project professional liability P~liCY, 1 0 C CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds, END OF SCHEDULE D TPA#1953637,9 PSA D-56 26-SEP-2005 10:51 FROM-Consul-Tech Corp 9544381433 T-293 P,002!002 F-920:Jl D RvUI'CL(. (;t:,KIIFICA TE OF LIABILITY INSURANCE I õ6ïiõ¡ZÓ05 P~R (954)724-7000 FAX (954)724-1024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keyes Coverage, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5900 Hiatus Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tamarac, FL 33321 .. 'ie B. x2235 suziebOkeyescoverage.com INSURERS AFFORDtNG COVERAGE MAlC. - ... ~D Consul-Tech Construction Management, Inc. INSURER A:. Hartford Casualty Ins. Co. 29424 3141 CoMøerce Parkway INSURERS: AIG-ComnIerce " Industry Ins. 19410 Miramar Park of Commerce INSURERC: Continental Casual ty Ins Co. 20443 Miramar, FL 33025 INSURER D: FAX 1 (413) 832-5851 Cindi Metz INSURER E: c THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWtTHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIM1TS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS, = TYPE OF INSURANCE . POlICY NUIIBEIt POLICY EfFEC11\IE POLICY EXPlRA110M UIIITS GENERAL UA8ILITY 21UUMN3452 OS/24/2005 OS/24/2006 EACH OCCURRENCE S 1,000,0 - X COMMERCIAl GENERAlLIABILIlY DAMAGE TO RENTED S 300.0 - o CLAIMS MADE [!] OCCUR 10,0 MEn EXP (Any one peroon) S - A PERSONAl & MN INJURY $ 1,000,00 - 2,000,00(] GENERAl AGGREGATE S - 2 , 000 . OOCJ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG S II POlICY !Xl ~f8i n LOC AUTOIIOBILE LlABlUTY 2lUENUV5030 OS/24/2005 OS/24/2006 COMBINED SIIIGLE lIMIT I-- (Ea 1ICddent) S 1,000,0011 ANY AUTO fy AlL OWNED AUTOS BODILY INJURY f-:.::.. S SCHEDUlED AUTOS (Per person) A fy HIRED AUTOS BODILY INJURY fy S NO~WNED AUTOS (P. 1ICCident) '-- ~ PROPERTY DAMAGE S (P.... accidentl I- t=f= ::oUTY AUTO ONLY· EA ACCIDENT S OTHER THAN EA Ace $ AUTO ONLY: AGG $ EXCESSIUMBRELLA UABlUTY ZlXHUUV3379 OS/24/2005 OS/24/200f; EACH OCCURRENCE S 2,000,00 ø OCCUR D CLAIMS MADE AGGREGATE S 2,ooo,OOC: A $ @ DE~E S X RETENTION I 10,00( s WQRIŒRI COMPENSATION AND WC7695543 06/JO/2oo5 06/30/2006 X I we STATU- I X 10J:' EMPlOYERS' LIABILITY 1,000,0 B IWV PROPRETORIPARTNERlEXECUTIVE E,L EACH ACCIDENT S OFFICERIMEM8ER EXCLUDED? E,L DISEASE - EA EMPLOYEE I 1,000,0 )(J If yes, desaibe under 1,000.0 )(J SPECIAL PROVISIONS below E,L DISEASE, POLICY LIMIT S ~O~~~tects/Engineers' BNPF29439 OS/24/2005 OS/24/2006 $2,000,000 Per Claim/Aggregate C Professional Liability $100,000 Deductible Per Claim Prior Acts Date 5/24/1998 D~ION OF OÆRATIONS I lOCATIONS' VEHICLES I EXC~ ADD&> BY :'lDORlEtlENT I SPECIAL P~8IONS rfe erence: Bid No. ITN 1056-3533 Pro essiona CEI Services or Inmokalee Road ~ertificate holder is included as Additional Insured with respects to Conmercial Cienera 1 liability For all work perfomed by named insured on the above captioned project. Collier County Board Of County Commnssioners 3301 East Tanriuri Trail Naples, FL 34112 SHOULD IWY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL JL DAYS WRITTEN NOTICE TO THe CERTIFICATE HOLDER NAIlED TO THE LEFT, BUT FAILURE TO 11M. SUCH NOTICE IIoW.L IMPOSE NO OBUGATIOH OR LIABIUTY OF IWY KINO UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPI!.ESENTATIVE ~~ ACORD 25 (2001108) FAX: (941) 132-0844 CACORDCORPORATlON1N8 J lOC SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287,055, Florida Statutes, Consul-Tech Construction Management, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Professional CEI Services for Immokalee Road from 1-75 to Collier Boulevard are accurate, complete and current as of the time of contracting, Consul-Tech Construction Management, Inc. BY: ~(} V IcE P/LE.:5/05NJ TITLE: DATE: Q/&1/0'Í { , TPA#1953637,9 PSA E-I It! SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS John Rowell, P,E., Senior Project Engineer - 10% Robert Larkin, Project Administrator - 100% Beverly Morley, Office Manager - 100% Darin Brown Sr" Inspector-100% Victor Boggs, Inspector - 100% William Permenter, Inspector - 100% Charles Newton, MOT Q/A Inspector - 5% or as needed at no charge Mauricio Arze, P,E., QAlQC Officer - 5% or as needed at no charge TPA# 1953637,9 PSA lOC F-I þ 10F MEMORANDUM Date: November 7,2005 To: Robert Zachary, Assistant County Attorney Office of the County Attorney From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Contract #05-3835 "Professional Desing and Related Services for Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road"- Project #60091 Contractor: Agnoli, Barber &Brundage, Inc. Enclosed please find three (3) set of the original documents as referenced above, Agenda Item #10F, as approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext 7240. Thank you. Enclosures ITEM NO.: DATE RECEIVED: þ - I'i lOF 1;()¡jNf:lArfO~~1-y 20BS Nav - 3 AM /I: 02 FILE NO.: ROUTED TO:O 5 . P R~ co:3~ DO NOT WRIT ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: November 2,2005 From: Robert Zachary Assistant County Attorney Rhonda Rembert J/~ Contract Specialist If\ ~ 774-8941 To: Re: Contract #05-3835 "Professional Design and Related Services for Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road"-Project #60091 Contractor: Agnoli, Barber & Brùndage, Inc, BACKGROUND OF REQUEST: This contract was approved by the BCC on November 1,2005; Agenda Item 10,F. This item has not been previously submitted, ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cC--~ ((_,,-..D ~ TO: MEMORANDUM ,Oh¿ Sheree Mediavilla 0 t .( /Jf1(5' Risk Management Department RhO;da Rembert, Contract Specialist ~ Purchasing Department I FROM: DATE: November 2, 2005 RE: Review of Insurance for Contract No. 05-3835 "Professional Design and Related Services for Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road"-Project #60091 Agnoli, Barber & Brundage, Inc.-Contractor lOF This Contract was approved by the BCC on November 1, 2005; Agenda Item 10(F). Please review the Insurance Certificates in this Agreement for the above-referenced contract. If you have any questions, please contact me at extension 8941 . OATE RECEIVED NO\' ",2 2005 RISK MANAGEMENT cc: Michael Greene, TECM Contract 05-3835 .... lOF "Professional Design and Related Services for Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road" Project # 60091 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ~ day of tJ 0 Vf¿rr.. 6.v1 200£ by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Agnoli, Barber & Brundage, Inc., authorized to do business in the State of Florida, whose business address is 7400 Tamiami Trail North, Suite 200, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT"), WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Design and related services of the CONSULTANT concerning Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: TPA#1953637,9 PSA .. - -- 10F ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1,1, CONSULTANT shall provide to OWNER professional Design and related services in all phases of the Project to which this Agreement applies. 1,2, The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein, 1,3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4, The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5, CONSULTANT designates Daniel W. Brundaqe, P.E" a qualified licensed professional, to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"), The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising TPA#1953637.9 PSA 2 out of or relating to this Agreement. The CONSULTANT agrees that the~rojeJ 0 j Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder, The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1,6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause, Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1,7 The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder, In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. TPA#1953637,9 PSA 3 10': 1,8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph, CONSULTANT shall provide OWNER prompt written notice of any such subpoenas, 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematics) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e, right-of-way- ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2,1 If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein, The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services, With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER TPA#1953637,9 PSA 4 as indicated in Article Five and Schedule B. Except in an emergency endangering life ~r 0 F property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services, OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence, Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2,2, Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.3, Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. TPA#1953637,9 PSA 5 ..¡ -- 10F 2.4 Providing renderings or models for OWNER'S use, 2.5 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2,6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2,7, Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office, 2,8 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein, 2,9, Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2,10 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice, TPA#1953637,9 PSA 6 ~ lOF ARTICLE THREE OWNER'S RESPONSIBILITIES 3,1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"), The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession TPA#1953637,9 PSA 7 þ 1 pertinent to the Project, including existing drawings, specifications, shop drawing, 0 f product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1, Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2, Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay, 4.3, No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from TPA#1953637,9 PSA 8 OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek al 0 I extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion, Provided, however, if through no fault or neglect of CONSULTANT, the seNices to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those seNices that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4, Should the CONSULTANT fail to commence, provide, perform or complete any of the seNices to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5, In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1, Compensation and the manner of payment of such compensation by the OWNER for seNices rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof, TPA#1953637.9 PSA 9 ~. 10': ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"), OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use, 6,2, Notwithstanding anything in this Agreement to the contrary and without requIring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7,1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law, OWNER, or any duly authorized agents or representatives of TPA#1953637,9 PSA 10 OWNER, shall, free of charge, have the right to audit, inspect and copy all such recordJ. 0 F and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours, ARTICLE EIGHT INDEMNIFICATION 8,1, To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8,1, ARTICLE NINE INSURANCE 9.1, CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida, 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions, TPA#1953637,9 PSA 11 C .., th . I' I" h II h " 1 0 9.3.2, ompames Issuing e Insurance po ICY or po ICles s a ave no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3,3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9,3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule 0, must identify the specific Project name, as well as the site location and address (if any). 9.3,5, All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida, 9,3,6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida, 9.4, CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them, 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5,1, The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida, 9,5,2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10,1, The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm, Nor shall anything in this TPA#1953637,9 PSA 12 Agreement be deemed to give any such party or any third party any claim or right;1 actionl 0 I against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10,2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F, CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F, All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10,3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors, By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors, 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any TPA#1953637,9 PSA 13 ¡ l. contractual relationship between OWNER and any subconsultant or subcontractor. Further, · 01 all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11,1, CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12,1, CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause, The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. TPA#1953637,9 PSA 14 .. 10F 12,2. If, after notice of termination of this Agreement as provided for in paragraph 12,1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12,1 shall be deemed to be the notice of termination provided for in paragraph 12,3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12,3, below. 12,3, OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed, CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension, If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein, TPA#1953637,9 PSA 15 ~ lOF 12,6, In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1, CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. TPA#1953637,9 PSA 16 13,2, In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the 1 0 I CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs, All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14,1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1, No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16,1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: TPA#1953637,9 PSA 17 Board of County Commissioners, Collier County Florida Purchasing Department, Building G 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell. Director of PurchasinQ Fax: 239-732-0844 .... lOF 16.2, All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Agnoli, Barber & Brundage Inc, 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Telephone: 239-597-3111 Fax: 239-566-2203 Attn: Daniel W. Brundage, P.E. 16,3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article, ARTICLE SEVENTEEN MISCELLANEOUS 17,1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing, 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3, This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. TPA#1953637,9 PSA 18 ~OF 17,5, The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17,6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17,8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS TPA#1953637,9 PSA 19 ARTICLE EIGHTEEN APPLICABLE LAW , 10[ 18,1, This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters, ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19,1, CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs, 19.2, By its execution of this Agreement, CONSULTANT acknowledges that ít has been informed by OWNER of and is in compliance with the terms of Section 287,133(2)(a) of the Florida Statutes which read as follows: IIA person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may TPA#1953637,9 PSA 20 not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s, 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." 10': ARTICLE TWENTY DISPUTE RESOLUTION 20.1, Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation, The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida, The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1953637,9 PSA 21 - lOF IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and related services for Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road the day and year first written above, ATTEST: FOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, '-/~ n W. ~ By: ý'--'-«- Fred W. Coyle, Chairman '} . . ,.~ Ii} .~, ,,'J .... """"'''''' ''''',;,.i'''' U'·' ~..O£' .' Date: It';- .. ..... . .. ¡ "..\¡.'..:"~ A~t. i~" t"o C".> :1' .'..; '~:".".'.~ '; f' ':,' . ~,¡r -~rr' S q4j,¿. "'~ ,..~ . ~ II~\J~~=.'":'~, ...~...,,:'{ : ,t,> ..: 1,.,:"""'.,::>, ',' \ ':.\,,:,,>'>',' ."j' 1. APproveçl·~.;t~.fqfrP ~~Þd'~ legal suffic' l~~ t~\':/-? 1- Witni!U.d;;f il . (¡L j~)J Witness A~:moli, Barber & Brundaae , Inc. By: Daniel W. Brunda P.E. President Typed Name and Tit Item # 101= TPA# 1953637,9 PSA ~~~~da 11_1_ œs i Dat~ 11- ?-D~ I Rec d -- - ' I o*~~J 22 SCHEDULE A SCOPE OF SERVICES .... , OF SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES HIGHWAY AND STRUCTURAL DESIGN This Exhibit forms an integral part of the agreement between Collier County Board of County Commissioners (hereinafter referred to as the COUNTY) and Agnoli, Barber & Brundage, Inc., (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Project 10: 60091 Description: Santa Barbara Boulevard Extension from Davis Blvd to Rattlesnake-Hammock Rd, Collier County, Florida PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for Construction of a four-lane roadway in a six-lane ROW configuration within the available right of way as provided for within existing PUD and DCA documents, supplemented with additional right of way as needed to provide for route continuity, The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include roadways, structures, intersections, geotechnical activities, mapping and supplemental surveys, drainage, signing and pavement markings, lighting, utility relocation, landscape architecture coordination, maintenance of traffic, cost estimates, environmental permits, environmental mitigation plans, quantity computation books, and all necessary incidental items for a complete project. A-I ~ The Scope of Services establishes which items of work described in the FD:T Plan 1 0 F Preparation Manual(s) and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY, All plans and design documents are to be prepared with standard English values in accordance with all applicable Florida Department of Transportation (hereinafter referred to as FOOT) Manuals and guidelines, The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required, The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s), The CONSULTANT shall demonstrate good project management practices while working on this oroject. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to FOOT procedures. It shall be the CONSULTANT's responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. A-I ... ~ '1F PROJECT DESCRIPTION The CONSULTANT shall incorporate the following into the design of this facility: Roadway Plan Tvpe: Plan/Profile Tvpical Section: Design will provide for four-lane urban roadway, including bike lanes and sidewalk(s), within the available 6-lane ultimate right of way as provided for above, Limits: Santa Barbara Boulevard extension from Davis Blvd to Rattlesnake Hammock Rd, a distance of approximately 10,143 feet. Major I ntersectionsllnterchanqes: Davis Blvd and Rattlesnake Hammock Rd will require additional plan sheets, Coordination with Existinq Desiqn Consultant: The Consultant will coordinate design of the Santa Barbara Boulevard intersection with Rattlesnake Hammock Road and Davis Blvd with the respective design consultants on current design projects; Davis Boulevard from Santa Barbara Blvd to Collier Blvd (CR 951) and Rattlesnake Hammock Rd from Polly Ave ( Santa Barbara Blvd ext) to Collier Blvd (CR 951), Variations/Exceptions: NA Traffic Control Plans: Typical Sections, Detail Sheets and Plan Sheets on phasing, Temporary Siqnals: The existing span wire signal system at Davis Blvd and Rattlesnake Hammock Rd will be replaced with a mast arm system, Design should sequence construction to avoid need for temporary signals, Drainage The stormwater system will be designed to meet the permitting requirements of all permitting agencies, Stormwater system design will consider best management practices, open, closed, ditches, ponds, exfiltration, etc. or a combination thereof, within A-I ~... 1 OF the existing right of way. If the COUNTY determines that runoff cannot be economically treated within the existing right of way and directs the CONSULTANT to design off-site ponds, that additional design will be part of this scope of services, Utility Coordination The CONSULTANT will: Coordinate with all Utility Companies on this Project. Identify needs to relocate, modify and/or leave in place. Design relocation/modification as necessary of County Utilities, such as water, sanitary sewer, storm sewer, reclaimed water, etc. Utility relocation design/modification will be a part of this scope of services, . Permits The CONSULTANT will: Identify needed permits, Obtain COUNTY approval on decisions or modifications to permits, Obtain COUNTY review prior to submittal of applications and designs to the permitting agency, Obtain all necessary permits, The CONSULTANT'S cost proposal shall not include costs for permit application fees to respective environmental agencies, The cost of the permitting, if paid by CONSULTANT, shall be reimbursable by the COUNTY in full upon submittal of fees justification. Structures The CONSULTANT will analyze and design structures as follows: Retaininq Walls: In order to provide for turning movements at intersections and access roads along Santa Barbara Blvd, it may be necessary to construct A-I retaining walls. Gravity walls will be utilized, where appropriate, In some instances, however, structural walls may be required, Miscellaneous: In order to provide for the turning movements at access points, it may be necessary to provide box culverts on road sides. Other miscellaneous structure services could include, but not limited to, culvert extensions, foundations, mast arms, lighting, Sound abatement walls, and barrier walls as determined during design. Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings, the need, number and locations of sign structures; i.e" cantilevers, overhead, etc., signing and pavement markings shall be determined during the design process. Signals & Lighting Intersections: The intersection at Rattlesnake Hammock Rd will be designed to accommodate a future six-lane configuration on both Santa Barbara Blvd and Rattlesnake Hammock Rd, as feasible, within Right of Way limitations. The intersection at Davis Blvd will be designed to accommodate a future six-lane configuration on both Santa Barbara Blvd and Davis Blvd, as feasible, within Right of Way limitations. The CONSULTANT will design modifications to the existing Signal System at Davis Blvd and Rattlesnake Hammock Rd as necessary to adapt it to the proposed improvements. The CONSULTANT will design lighting for this project in a manner that is consistent with Collier County design standards, Landscape Architecture PlantinQ Plans: Landscape design is not a part of this scope of services, IrriQation Plans: Irrigation design is not a part of this scope of services, A-I 10f ........ lOF The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future landscaping, Survey Oesiqn Survey: Provided by the COUNTY. Topographical survey and mapping of the project will be provided under separate contract. The project files are available in AutoCAO format, convertible to MicroStation. Mapping Control Survey Map- Provided by the COUNTY, A control survey has been provided under separate contract. The control survey has been signed and sealed by a licensed land surveyor. Geotechnical The CONSULTANT will provide borings and laboratory testing of soils in accordance with FOOT guidelines for roadway, structures, ponds, lighting, etc. Joint Project Agreements Joint Project Agreements may be developed during the design process. The design cost of these agreements is not included and will need to be negotiated, should they be req u ired, Specifications Package The CONSULTANT will prepare the specifications package in accordance with FOOT and COUNTY procedures, modified to provide fast track design and construction, Project Schedule The CONSULTANT shall provide a detailed project activity/event schedule in MS Project 2003 format for COUNTY and CONSULTANT activities required to meet the completion date for design, Additional specific scheduling requirements are: A-I · - The schedule shall indicate, at a minimum, submission dates for Phase I, II, III, 10F and IV plans (30%, 60%, 90% and 100% plans), and all other required submittals. The following durations from the Notice to Proceed will apply to delivery dates: Phase I Plans- 45 days Complete Permit Applications - 150 days Right of Way Maps, Parcel Sketches and Descriptions - 180 days Phase II Plans - 180 days Phase III Plans - 270 days Construction bid documents - 300 days Phase IV Plans - 360 days The CONSULTANT shall prepare a Fast Track Construction Schedule providing a quality project in minimal time and with maximum traffic flow through the project. The CONSULTANT will utilize creative construction techniques and MOT staging in their design to achieve these goals, The project shall be prepared for advertisement at completion of the Phase III plans, The Phase IV plans will be completed while the project is advertised, The CONSULTANT will notify the COUNTY of all revisions that take place during this period and provide the documents necessary to provide addendums to the bidders, Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans, The CONSULTANT shall provide the COUNTY sets of design plans for distribution as follows: 1. Phase I (30%) 6 sets 2. Phase II (60%) 8 sets A-I lOF 3. Phase III (90%) 10 sets 4, Phase IV (100%) 10 sets Plans sets for distribution will be formatted on 11-inch by 17 -inch paper, Two weeks will be allowed for COUNTY review and response for all design phase submittals. The CONSULTANT shall furnish a camera-ready set of plans and specifications to the COUNTY at Phase III completion. All electronic (digital) files of final plans and specifications will be submitted to the County on CO in AutoCAD format. Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FOOT manuals, memorandums, and guidelines. General Florida Statutes Florida Administrative Codes Florida Department of Transportation Project Development and Environmental Manual Florida Department of Transportation Plans Preparation Manual Florida Department of Transportation Standard Specifications for Road and Bridge Construction Florida Department of Transportation Handbook for Preparation of Specifications Package Florida Department of Transportation Design Standards for Design, Construction, Maintenance, and Utility Operations on the State Highway System Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways Bicvcle Facilities Plannina and Desian Manual, Rev. Ed, A-I lOF Permits Drainage 1982 CADD Production Criteria Handbook CADD Manual Florida's Level of Service Standards and Guidelines Manual for Planning Equivalent Single Axle Load Guidelines Design Traffic Procedure K-Factor Estimation Process Project Traffic Forecasting Guidelines Florida Department of Transportation Basis of Estimates Manual Quality Assurance Guidelines Safety Standards Rule 61G17-6, FAC" Minimum Technical Standards for Professional Surveyors and Mappers Department of Environmental Protection Rules Governing Mean High Water and Jurisdictional Line Surveys Any special instructions from the DEPARTMENT Utility Accommodations Guidelines Policv for Geometric Desian of Hiahwavs and Streets Chapter 373, F,S, Drainage M Manual Drainage Ha Handbooks Storm Drain Optional Pipe Materials Stormwater Management Facility Cross Drain Erosion and Sediment Control A-I Survey Traffic Operation Manuals III 1 OF Hvdroloqv Location Survey Manual Highway Field Survey Specifications Automated Survey Data Gathering Outline Specifications for Aerial Surveys and Photogrammetry for Transportation Projects Standards for Consultant-Submitted G.P.S, Static Control Projects EFB User Guide Chapter 472, F,S, Chapter 177, F,S, FDEP Bureau of Survevina and Maccina American Disabilities Act ASSHTO - Guide for Development of Bicycle Facilities Federal Highway Administration Standard Highway Signs Manual Florida Department of Transportation Traffic Engineering Manual Florida Department of Transportation Manual on Uniform Traffic Studies (MUTS) National Electrical Code National Electric Safety Code Minimum Specifications for Traffic Control Signal Devices Florida Department of Transportation - Florida Roundabout Guide FHWA - Roundabouts: An Informational Guide Florida Department of Transportation Median Handbook AASHTO - An Information Guide for Hiahwav LiQhtinQ A-I ~ lOF Structures Right-of-Way Mapping Florida Department of Transportation Right-of-Way Handbook Florida Department of Transportation Riaht-of-Way Manual MSHTO LRFD Bridge Specifications and Interims MSHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, dated 1994 MSHTO AWS-D1.5M 01,5: 2001 An American National Standard MSHTO Guide Specifications for Structural Design of Sound Barriers Florida Department of Transportation Structures Design Guidelines Florida Department of Transportation Structures Detailing Manual Florida Department of Transportation Structures Standard and Semi-Standard Drawings Florida Department of Transportation Structures Design Office Temporary Design Bulletins (available on Florida Department of Transportation Structures web site only) Florida Department of Transportation Structures CADD Manual Mapping Florida Department of Transportation Preferred Details (available on Florida Department of Transportation Structures web site only) Florida Department of Transportation - New Directions For A-I "--- Florida Post-Tensioned Bridges Volumes 1-5 Florida Department of Transportation Bridge Load Rating Permittinq And Postinq Manual Geotechnical Soils and Foundation Handbook Manual of Florida SamDlina and Testina Methods Landscape Florida Highway Landscape Guide Architecture lOF Services to be Performed by the COUNTY The COUNTY will provide those services and materials as set forth below: Regarding Environmental Permitting Services: Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract. Provide the appropriate signatures on application forms Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY Provide phase reviews of roadway plans Furnish an approved Environmental Document when available All future information that may come to the COUNTY during the term of the CONSULTANT'S Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work Project data currently on file County standards and review services A-I þ~ 1 OF All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction II future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right-of-way Existing right-of-way maps Supplemental Consideration The COUNTY may negotiate engineering inspection services with the CONSULTANT prior to construction as part of the professional service being solicited, Specifically, engineering inspection would require designating a qualified person(s) to oversee construction activities, document construction activities and progress, and communicate directly with COUNTY staff. Project General Tasks Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be informed about the project. Four Public Meetings will be held on this project, one after each design phase, with the last being a Construction Kick-off Meeting, In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULTANT shall anticipate participation in six additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services, Coordination Meetings A-I II. 1 OF Prior to the public meetings at design Phases I, II and III, an advanced discussion of the project will take place at a Coordination Meeting, The meeting will take place once the plan review process is completed, The Designer will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations. Joint Project Agreements Includes all coordination, meetings, etc, required to include Joint Project Agreement (JPA) plans (prepared by others) in contract plans package including all necessary revisions/modifications to contract documents to ensure plans compatibility. Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work, The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word format, for proper completion of the specifications preparation task, The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications, The FOOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package, A-I ~ Proposed Technical Special Provisions will be submitted to the COUNTY for initial lOF review at the time of the Phase III plans review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution, The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date, This submittal does not require signing and sealing. Submittal material shall consist of; 1.) the printed specifications package (one side only and properly numbered); 2,) a copy of the marked-up workbook used to compile package; 3,) a copy of the final project plans; and 4.) a copy of the Contract Estimating System sheet utilized with the project. The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes, The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY, Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsultant agreements, etc, Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity, Project Common Tasks A-I ~~> These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 22, Project Research: The CONSULTANT shall perform research of existing PUD and DRI documents for developments adjacent to the project for commitments regarding Right of Way, Stormwater Management, Roadway Improvements or any other commitments involving the interests of the COUNTY. All existing PUD and DRI documents will be assembled into a Project Commitment Report and submitted to the COUNTY for their review with the Phase I Plans, Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate if any scope changes occur and/or at milestone of the project. A Summary of Pay Items sheet shall be prepared with the Phase II, III, and IV Plans. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements, The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY, All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions, The Technical Special Provisions shall be technical in nature and shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" A-I lOF p lOF sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction, Field Reviews: Includes all trips required to obtain necessary data for all elements of the project. Technical Meetinqs: Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, railroad companies, progress review meetings (phase review), and miscellaneous meetings. Qualitv Assurance/Qualitv Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review, Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants, The purpose of CONSULTANT plan reviews is to ensure that CONSULTANT plans follow the plan preparation procedures outlined in the FOOT Plans Preparation Manual, that state and federal design criteria are followed with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verify, independently check, and review all maps, design drawings, specifications, and other documentation prepared as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed, The Quality Control Plan may be one utilized by the CONSULTANT as part of their normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a A-I Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, signals, geotechnical, signing and marking, lighting, surveys, etc) and a written resolution of comments on a point by point basis will be required with each phase submittal. The responsible Professional Engineer, Landscape Architect or Professional Surveyor that performed the Quality Control review will sign a statement certifying that the review was conducted, lOF The CONSULTANT shall, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services, Independent Peer Review: When directed by the COUNTY, a subconsultant shall perform Independent Peer Reviews, Supervision: Includes all efforts required to supervise all technical design activities, Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents, ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums, Typical Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the Phase I submittal. A-I Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package prior to the Phase II Plans submittal date. Access Management The CONSULTANT shall incorporate access management standards for each project in management standards and the existing access conditions, Existing access that will be closed, relocated or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the Phase I plans submittal. HorizontalNertical Master Design Files The CONSULTANT shall design the geometrics using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, and scope of work, Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the CADD manual. Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations, Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times, A-I lOF "-- The CONSULTANT shall investigate the need for temporary traffic signals, temporary lOF lighting, alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by the FOOT. Design Variations and Exceptions The CONSULTANT shall prepare the documentation necessary to gain COUNTY approval of all appropriate Design Variations and/or Design Exceptions. Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope, The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans, The design notes, data, and computations shall be recorded on size 8-1/2"x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8-1 /2"x11" size. The data shall be in a hardback folder for submittal to the COUNTY. Computation Book and Quantities The CONSULTANT shall prepare the computation book and various summary of quantities sheets, This includes all efforts required to develop the computation book and the supporting documentation, including construction days when required, Cost Estimate Technical Special Provisions Field Reviews A-I Technical Meetings ..... lOF Quality Assurance/Quality Control Independent Peer Review Supervision Coordination ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sheets, notes, and details, The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction: Key Sheet Summary of Pay Items Including Quantity Input Drainage Map Typical Section Sheets General Notes/Pay Item Notes Summary of Quantities Box Culvert Data Sheet Summary of Drainage Structures Optional Pipe/Culvert Material Project Layout Plan/Profile Sheet Special Profile Intersection Layout Details Miscellaneous Detail Sheets A-I Drainage Structure Sheet Miscellaneous Drainage Detail Sheets Lateral Ditch Plan/Profile Lateral Ditch Cross Sections Retention/Detention Ponds Detail Sheets Retention Pond Cross Sections Cross-Section Pattern Sheet Roadway Soil Survey Sheet Cross Sections Traffic Control Plan Sheets Traffic Control Cross Section Sheets Traffic Control Detail Sheets Utility Adjustment Sheets Selective Clearing and Grubbing Erosion Control Plan SWPPP Project Control Network Sheet Interim Standards Utility Verification Sheet (SUE Data) Quality Assurance/Quality Control Supervision DRAINAGE ANALYSIS lOF A-I The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable Manuals, guidelines, standards, handbooks, procedures, and current design memorandums, The CONSULTANT shall be responsible for designing a drainage and stormwater management system, All design work shall comply with the requirements of the appropriate regulatory agencies and the FOOT'S Drainage Manual; coordinate fully with the appropriate permitting agencies and the COUNTY'S staff, The work will include the engineering analyses for any or all of the following. Determine Base Clearance Water Elevation Analyze, determine and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds, Determine groundwater elevations at intervals between the above mentioned surface waters, Design of Stormwater Management Facility (Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation, Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. The COUNTY may also negotiate additional design work with the CONSULTANT to provide design for a future 6-lane roadway, The present 4-lane project is driven by the need to provide immediate capacity improvements within the available right of way in order to avoid potential building moratoriums, The long-term goal is to obtain right of way and construct a 6-lane roadway, This additional scope of services may be negotiated at the COUNTY'S option. Pond Site Analysis Report A-I lOF ~ lOF Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The FOOT Drainage Manual provides specific documentation requirements, Design of Cross Drains Analyze the hydraulic design of cross drains, Check existing cross drains to determine if they are structurally sound and can be extended, Document the design as required. Determine and provide flood data as required, Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation, Design of Outfalls Analyze and document the design of ditch or piped outfalls. Design of Stormwater Management Facility (Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc,), do routing calculations, and design the outlet control structure. Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure, Design of Flood Plain Compensation Area A-I Determine flood plain encroachments, coordinate with regulatory agencies, and ~velopl 0 F proposed compensation area layout (shape, contours, slopes, etc,). Document the design following the requirements of the regulatory agency, Design of Storm Drains Develop a "working drainage map," determine runoff, inlet locations, and spread, Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses), Determine Design Tailwater and, if necessary, outlet scour protection. Optional Culvert Material Determine acceptable options for pipe materials, Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Pond Siting Analyses and Report and Bridge Hydraulics Report, Cost Estimate Technical Special Provisions Field Reviews Technical Meetings Quality Assurance/Quality Control Independent Peer Review Supervision Coordination UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist A-I · lOF between utility facilities and the COUNTY'S construction project. The CONSULTANT shall certify all utility negotiations have been completed with arrangements made for utility work to be undertaken. Kickoff Meeting CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. Identify Existing UAO(s) Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans. Individual/Field Meetings Make Utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination; Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions; Include the meeting schedule (if applicable) and the design schedule; Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY. Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAO(s) including all component sets, one set for the utility office, one set to construction and maintenance if required. Include the design schedule. Not all projects will have all contacts as described above, Preliminary Utility Meeting A-I The CONSULTANT shall schedule (time and place), notify participants, and CO~duct ala F preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities, This is also an opportunity for the UAO(s) to present proposed facilities, The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees, Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans, Coordinate programming of funds, Utility Design Meeting Prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY. The CONSULTANT shall schedule (time and place), notify participants, and conduct a Utility meeting with all affected UAO(s). The CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction A-I phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO, The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details, Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees, Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review. Distribute Executed Final Documents, Prepare Work Order for UAO(s). Coordinate programming of funds. Utility Coordination/Follow-up This includes follow-up, interpreting plans, assisting and completion of the UAO(s) work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule, Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility, lOF A-I a-J lOF Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. Certification/CI ose-O ut The CONSULTANT shall certify to the appropriate COUNTY representative the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule, OR An on-site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies/Agencies and no utility work is required. ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend, The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings, Preliminary Project Research A-I - - The CONSULTANT shall perform preliminary project research and shalt be 1 0 F responsible for early identification of and coordination with the appropriate regulatory agencies, including U,S. Fish and Wildlife Service, Florida Department of State Division of Historical Resources, Florida Fish and Wildlife Conservation Commission an Florida Natural Areas Inventory to assure that design efforts are properly directed toward permit requirements, Complete Permit Involvement Form The CONSULTANT shall document permit involvement in coordination with the Permit Coordinator and COUNTY Project Manager. To be done upon completion of preliminary project research, Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. Agency Verification of Wetland Data The CONSULTANT shall be responsible for verification of wetland data identified in Section 8,3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies, Complete and Submit All Required Permit Applications The CONSULTANT shall prepare permit packages as identified in the Project Description section, The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct a project. A-I , ~ 10F The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work, Prepare Dredge and Fill Sketches Prepare USCG Permit Sketches Prepare Easement Sketches Prepare Right-of-Way Occupancy Sketches Prepare Tree Permit Information Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies, Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies, Environmental Clearances The CONSULTANT shall prepare clearances for all pond and/or mitigation sites identified, ArchaeoloQical and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond and/or mitigation sites and prepare a Cultural Resource Assessment Request Package. Wetland Impact Analvsis: The CONSULTANT shall analyze the impacts to wetlands for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. A-I Threatened and EndanQered Species Analysis: The CONSULTANT shall~lIect 1 0 F data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. Phase One Environmental Audit/Assessment: The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for the pond and/or mitigation sites and complete the Contamination Screening Evaluation Report, Stormwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stormwater Pollution Prevention Plan and obtain the FDEP and EPA NPDES Permits, Technical Meetings Quality Assurance/Quality Control Supervision Coordination Structures - Summary and MISCELLANEOUS tasks AND DRAWINGS Analyze and design all structures in accordance with applicable provisions as defined in Section 2.16, Provisions for Work, Contract documents shall display economical solutions for the given conditions, The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements, These calculations shall be neatly and logically presented on 8%"x11" paper (where possible) and all sheets shall be numbered, The final design calculations shall be signed and sealed by a Florida-registered A-I 1\1 professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task, I ndex of Drawings Project Layout General Notes and Bid Item Notes Incorporate Florida Department of Transportation Standards Incorporate Report of Core Borings Computation Book and Quantities Cost Estimate Technical Special Provisions Field Reviews Technical Meetings Quality Assurance/Quality Control Independent Peer Review Supervision Coordination Structures - Retaining Wall General Requirements Key Sheets Horizontal Wall Geometry Cast-in-Place Retaining Walls Design A-I lOF ~ lOF Vertical Wall Geometry General Notes Wall Plan and Elevations (Control Drawings) Sections and Details Reinforcing Bar List Other Retaining Walls Design Vertical Wall Geometry General Notes, Tables and Miscellaneous Details Wall Plan and Elevations Details Structures - Miscellaneous Concrete Box Culverts Concrete Box Culverts Concrete Box Culverts Extensions MAST ARMS Mast Arms Sound Barrier Walls (Ground Mount) The CONSULTANT will follow the procedures outlined in the Florida Department of Transportation Project Development and Environmental Manual, Part 2, Chapter 17, in conducting a noise study and for determining the need for noise abatement for the project. Horizontal Wall Geometry Vertical Wall Geometry Semi-Standard Drawings A-I Control Drawings Design for Wall Height Covered by Standards Aesthetic Details lOF SIGNING AND PAVEMENT MARKING Analysis The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums, Traffic Data Analysis Perform queue analysis, No Passing Zone Study Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files, Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FOOT'S Multi-Post Sign Program(s), Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. Sign Lighting/Electrical Calculations It includes the verification of photometries on lighted, load center and voltage drop calculations, Quantities Computation Book Cost Estimates A-I .... 10': Technical Special Provisions Field Reviews Technical Meetings Quality Assurance/Quality Control Independent Peer Review Supervision Coordination Signing and Pavement Marking Plans The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following: Key Sheet Summary of Pay Items Including CES Input Tabulation of Quantities General Notes/Pay Item Notes Project Layout Plan Sheet Typical Details Guide Sign Work Sheet(s) Traffic Monitoring Site Cross Sections Special Service Point Details Special Details Interim Standards Quality Assurance/Quality Control Supervision A-I Overhead Sign Structure Sheet and Soil Boring Sheet are prepared in other a!/res o~ 0 F this scope. SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks for the existing Traffic Signal System at the intersection of Collier Boulevard and Immokalee Road for modifications needed to accommodate the six-lane configuration in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums, Systems Timings The CONSULTANT shall determine proper coordination timing. Reference and Master Interconnect Communications Design File The CONSULTANT shall design Interconnect Communications Quantities Cost Estimate Technical Special Provisions Field Reviews Technical Meetings Quality Assurance/Quality Control Supervision and Coordination SIGNALIZATION PLANS The CONSULTANT shall prepare a set of Signalization Plans in accordance with the FOOT Plans Preparation Manual, which includes the following: Key Sheet A-I ".. lOF Summary of Pay Items Including CES Input Tabulation of Quantities General Notes/Pay Item Notes Plan Sheet Interconnect Plans Traffic Monitoring Site Guide Sign Worksheet Special Details Special Service Point Details Utility Conflict Sheet Interim Standards Quality Assurance/Quality Control Supervision LIGHTING ANALYSIS The CONSULTANT shall analyze and document Lighting Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design, Lighting Justification Report The CONSULTANT shall prepare a Lighting Justification Report, The report shall be submitted under a separate cover with the Phase I plans submittal, titles Lighting Design Analysis Report, Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report, The report shall be submitted under a separate cover prior to the Phase II plans submittal. The report shall provide analyses for each typical section of the mainline, typical section A-I for the ramps (one and lor two lanes), interchanges, under-deck lighting, and arterial 1 0 F roads. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use, Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values, The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County, Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. FDEP Coordination and Report Reference and Master Design Files The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. Design Documentation A-I The CONSULTANT shall submit a Roadway Lighting Design Documentation Book !tn 1 0 each lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: Lighting Calculations Back up sheet for each bid item quantity total on each lighting plan sheet Phase submittal checklist Three-way quantity check list Structural calculation for special conventional pole concrete foundations Letter to the power company requesting service Power company confirmation letter of the requested services Voltage drop calculations Load analysis calculations Quantities Cost Estimate Technical Special Provisions Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: Existing Lighting Equipment Load Center, Capabilities and Condition/Age Condition of Lighting Structure(s) Technical Meetings Quality Assurance/Quality Control Independent Peer Review Supervision A-I Coordination J lOF LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: Key Sheet Summary of Pay Item Sheet Including CES Input Tabulation of Quantities General Notes/Pay Item Notes Pole Data and Legend & Criteria Service Point Details Project Layout Plan Sheet Special Details Temporary Lighting Data and Details Traffic Control Plan Sheets Interim Standards Quality Assurance/Quality Control Supervision SURVEY The COUNTY will provide the CONSULTANT with a control survey provided under separate contract. The control survey will be provided in the form of hard copy plan drawings and computer files in AutoCAD format. The surveying was conducted for the purpose of providing roadway alignment and ROW, The CONSULTANT will A-I supplement this survey with a baseline topographic and mapping survey. The pu!se 1 0 of this is to show existing topographic and utility features to advance design and site- specific data gathering in the process of developing the design of this project. The CONSULTANT will notify the COUNTY if errors are found in the data, The baseline survey will be expanded at the Santa Barbara Blvd Intersection with Rattlesnake Hammock Road to 1,000 east and west on Rattlesnake Hammock Rd and south 1,000' on St Andrews Blvd and the Davis Blvd intersection to 1,000 east and west on Davis Blvd and north 1,000' on Santa Barbara Blvd so that it is available in the event that a full redesign of this intersection becomes part of this contract. Alignment and/or Existing Right of Way Lines Establish, recover or re-establish project alignment. Also includes analysis and processing of all field collected data, existing maps, and/or reports for identifying mainline, ramp, offset, or secondary alignments, Depict alignment and/or existing RIW lines (in required format) per COUNTY RIW Maps, platted or dedicated rights of way, Digital Terrain Model (DTM) Pond Site Survey Refer to tasks of this document as applicable Mitigation Survey Refer to tasks of this document as applicable, Geotechnical Support Perform 3-dimensional (X,V,Z) field location, or stakeout, of boring sites established by geotechnical engineer, Includes field edits, analysis and processing of all field collected data and/or reports, Maintained RIW A-I .... f:' 1 OF Perform field location (2-dimensional) of maintained RIW limits as defined by respective authorities, if needed, Also includes field edits, analysis and processing of all field collected data, preparation of reports, Water Boundary Survey Perform Mean High Water, Ordinary High Water and Safe Upland Line surveys as required by FOOT standards, Work Zone Safety Provide work zone as required by FOOT standards, Supervision Perform all activities required to supervise and coordinate project. These activities must be performed by the project supervisor, a Florida Professional Surveyor, Coordination MAPPING The CONSULTANT will provide mapping provided under the scope of this contract. The mapping will be provided in the form of hard copy plan drawings and computer files in AutoCAO format. The mapping is to be conducted for the purpose of providing existing topographic and utility features to advance that portion of the design effort. The CONSULTANT will supplement this effort with site-specific data gathering in the process of developing the design of this project. The CONSULTANT will notify the COUNTY if errors are found in the data, Master CAOO File Alignment Section and 1/4 Section Lines A-I Subdivisions Existing Right of Way Topography Parent Tract Properties and Existing Easements Proposed Right of Way Requirements The ENGINEER OF RECORD (EaR) will provide the proposed requirements, The PSM is responsible for calculating the final geometry, Limits of Construction 10F The limits of construction DGN file as provided by the EaR will be imported or referenced to the master CADD file, Additional labeling will be added as required, The PSM is required to advise the EaR of any noted discrepancies between the limits of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is determined, Jurisdictional/Agency Lines These lines may include but are not limited to jurisdictional, wetland, water boundaries, and city/county limit lines, Sheet Files Control Survey Cover Sheet Control Survey Key Sheet Control Survey Detail Sheet Right of Way Map Cover Sheet Right of Way Map Key Sheet Right of Way Map Detail Sheet Maintenance Map Cover Sheet Maintenance Map Key Sheet A-I Maintenance Map Detail Sheet Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map, Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles, This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map, Table of Ownerships Sheet Miscellaneous Surveys and Sketches Parcel Sketches '1 OF TIITF Sketches Other Specific Purpose Survey(s) Boundary Survey(s) Map Right of Way Monumentation Map Title Search Map Title Search Report Legal Descriptions Final Map/Plans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review, Field Reviews A-I Technical Meetings Quality Assurance/Quality Control Supervision Coordination .L OF: GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation, All work performed by the CONSULTANT shall be in accordance with FOOT standards, The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities, Document Collection and Review CONSULTANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources, Prior to field reconnaissance, CONSULTANT shall review U,S,G,S., S,C.S, and potentiometric maps, and identify areas with problematic soil and groundwater conditions, Roadway The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities, The CONSULTANT shall retain all samples until acceptance of Phase IV plans, The preliminary roadway exploration will be performed and results provided to the Engineer of Record to assist in setting roadway grades and locating potential problem areas, A-I .. 1 OF All laboratory testing and classification will be performed in accordance with applicable FOOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents, Detailed Boring Location Plan Develop a detailed boring location plan, If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. Stake Borings/Utility Clearance Stake borings and obtain utility clearance, MOT Plans for Field Investigation Coordinate and develop Maintenance of Traffic (MOT) plan, All work zone traffic control will be performed in accordance with the FOOT'S Roadway and Traffic Design Standards Index 600 series, Drilling Access Permits Obtain all State, County, City, and Water Management District permits for performing geotechnical borings, as needed, Groundwater Monitoring Monitor groundwater, using piezometers, LBR Sampling Collect appropriate samples for Limerock Bearing Ratio (LBR) testing, Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. Soil and Rock Classification - Roadway Refine soil profiles recorded in the field, based on results of laboratory testing. Design LBR A-I t,.. J.lJ f Determine design LBR values from the 90% and mean methods, Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses. Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels, Estimate seasonal low ground water levels, if requested. Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales, Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions. Assist the Engineer of Record with detailing these limits on the cross-sections, If requested, prepare a plan view of the limits of unsuitable material. Assist the Engineer of Record in determining the limits of required subsoil excavation, ASCII Files for Cross-Sections Create ASCII files of boring data for cross-sections. Stormwater Volume Recovery and/or Background Seepage Analysis Perform stormwater volume recovery analysis, Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of any special considerations (Le, removal of unsuitable material, consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) A-I · lOF Evaluate and recommend types of geosynthetics and properties for various applications, as required, Preliminary Report If a preliminary roadway investigation is performed, a preliminary roadway report shall be submitted before the Phase I plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems. Copies of U,S.G.S, and S.C.S. maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (Le, soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis), An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations, The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. Final Report The Final Roadway Report shall include the following: Copies of U,S,G,S. and S.C,S, maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (Le, soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis), A-I An appendix that contains stratified soil boring profiles, laboratory test data sheets~ 0 F sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports, Structures The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities, The CONSULTANT shall retain all samples until acceptance of Phase IV plans. CONSULTANT shall perform specialized field-testing as required by needs of project. All laboratory testing and classification will be performed in accordance with applicable FOOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents, The staff hour tasks for structural foundations for box culverts, walls, overhead signs, mast arm signals, and other structures include the following: Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole, Stake Borings/Utility Clearance Stake borings and obtain utility clearance, MOT Plans for Field Investigation Coordinate and develop MOT plan. All work zone traffic control will be performed in accordance with the FOOT's Roadway and Traffic Design Standards Index 600 series, Collection of Corrosion Samples A-I ~ lOF Collect corrosion samples for determination of environmental classifications, Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. Soil and Rock Classification - Structures Soil profiles recorded in the field should be refined based on the results of laboratory testing, Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion in the geotechnical report and for the necessary calculations and analyses, Design Groundwater Level for Structures Review encountered ground water levels, estimate seasonal high groundwater levels, and evaluate groundwater levels for structure design. Walls Provide the design soil profile(s), which include the soil model/type of each layer and all soil engineering properties required by the Engineer of Record for conventional wall analyses and recommendations, Review wall design for geotechnical compatibility and constructability, Evaluate the external stability of conventional retaining walls and retained earth wall systems, For retained earth wall systems, calculate and provide minimum soil reinforcement lengths versus wall heights, and soil parameters assumed in analysis. Estimate differential and total (long term and short term) settlements. Provide wall construction recommendations, Soil Parameters for Signs, and Geotechnical Recommendations A-I · t" 1 OF Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design, Review design for geotechnical compatibility and constructability, Box Culvert Analysis Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design, Review design for geotechnical compatibility and constructability, Provide lateral earth pressure coefficients. Provide box culvert construction and design recommendations. Estimate differential and total (long term and short term) settlements, Evaluate wingwall stability. Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights The final reports shall include the following: Copies of U,S,G,S, and S.C.S, maps with project limits shown Summary of structure background data, SCS, USGS, geologic and potentiometric data The results of all tasks discussed in the previous section (Data Interpretation and Analysis) Recommendations for foundation installation, or other site preparation soils- related construction considerations with plan sheets as necessary Any special provisions required for construction that are not addressed in the FOOT's Standard specification An Appendix which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, engineering analysis, notes/sample calculations, sheets showing ultimate bearing capacity curves versus elevation for piles and A-I drilled shafts" a complete FHWA check list, pile driving records (if aVaila~) and 1 0 F any other pertinent information. Final reports will incorporate comments from the COUNTY and contain any additional field or laboratory test results, recommended foundation alternatives along with design parameters and special provisions for the contract plans, The reports will be submitted in final form and will include the following: All original plan sheets (11" x 17") One set of all plan and specification documents, in electronic format, according to FOOT requirements Two sets of record prints Six sets of any special provisions All reference and support documentation used in preparation of contract plans package Additional final reports (up to four), aside from stated above, may be needed and requested for the COUNTY's Project Manager and other disciplines. The final reports, special provisions, as well as record prints, will be signed and sealed by a Professional Engineer registered in the State of Florida. Draft the detailed boring/sounding standard sheet, including environmental classification, results of laboratory testing, and specialized construction requirements, for inclusion in final plans. Drafting Prepare a complete set of drawings to include all SPT borings, auger borings and other pertinent soils information in the plans, Include these drawings in the Final Geotechnical Report, Draft borings, location map, S,C.S. map and U,S,D,A. map, Soil A-I .... 10F symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook, Technical Special Provisions Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. ObseNe and note nearby structures and foundation types. Technical Meetings Quality Assurance/Quality Control SupeNision Coordination PROJECT REQUIREMENTS Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY, Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the COUNTY, Progress Reporting A-I ~ 10 The CONSULTANT shall meet with the COUNTY as required and shall provide a F written progress and schedule status reports that describe the work performed on each task, Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished, Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence, Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by FOOT standards, Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems, It is the responsibility of the CONSULTANT to meet the requirements in the FOOT's CADD Manual. The CONSULTANT will submit final documents and files as described therein. Coordination With Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide post design services, The fee for these services shall be negotiated in accordance with the terms A-I detailed in Exhibit S, Method of Compensation, for a fair, competitive and reasonable! 0 F cost, considering the scope and complexity of the project(s). The additional services may include Construction Assistance, Review of Shop Drawings, or other Post Design Services as required. INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY, The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing, Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. A-I lOF SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES B1. MONTHLY STATUS REPORTS B,1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item, B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:: Michael Greene, Project Manager, Collier County Government, Transportation Division, 2885 South Horseshoe Drive, Naples, FL 34104 B2. COMPENSATION TO CONSULTANT B,2,1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below, Provided, however, in no event shall such compensation exceed the amounts set forth in the table below, B-1 - · lOF ITEM PHASE NOT TO EXCEED AMOUNT: 1. Task I - 30% Submittal $ 391 904,00 2, Task II - 60% Submittal $ 277 662,00 3, Task III - 90% Submittal $ 252 650,00 4, Task IV - 100% Submittal $ 133378,00 5, Task V - RiQht-of-Way Plans $ 104 440,00 TOTAL FEE (Total Items 1-5) $ 1 160 034,00 8,2,2, Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule 8, 8,2,3, With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. 8,2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided, The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3,5,1 below. There shall be no overtime pay on 8asic Services or Additional Services without OWNER'S prior written approval. B-1 , lOF B,2.5, The compensation provided for under Sections 2,1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services, B,2,6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable, B,3. SCHEDULE OF PAYMENTS: B,3,1, CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1,1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month, Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services, Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner, Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. ß,3,2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc,) shall be returned to CONSULTANT for correction, Invoices shall be submitted on CONSULTANT'S letterhead and must include the B-1 þ lOF Purchase Order Number and the Project name and shall not be submitted more than one time monthly, B,3,3 Notwithstanding anything herein to the contrary, In no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation, B,3,5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B,3,5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3,5.1,1,Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications B.3,5,1,2,Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach B-1 airfare, standard accommodations and meals, all in accordance , ~... with 1 OF section 112,061, F.S, Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties, Such trips within Collier and Lee Counties are expressly excluded, ß,3,5,1,3,Permit Fees required by the Project ß,3,5,1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER ß,3,5,1,5 Expense of models for the County's use ß,3.4,1,6 Other items on request and approved in writing by the OWNER. ß,3.5,2 Should a conflict exist between the dollar amounts set forth in Section 112,061, F,S., and the Agreement, the terms of the Agreement shall prevail. B-1 SCHEDULE B þ ....... 10F ATTACHMENT A BASIS OF COMPENSATION Task 1 - 30% Submittal Data Gathering Typical Section Analysis and Report Line and Grade Study T & E Species Survey Wetland Delineations Mitigation Pavement Design Traffic Study Davis Blvd I ntersection Study Public Involvement Pond Site Analysis Phase I Environmental Assessment Retention Area Modeling - Assume 6 Sites max, SFWMD Permit (ERP) preliminary documents ACOE Permit (Dredge and Fill) preliminary documents U.S. Fish and Wildlife Coordination Florida Fish and Game Coordination Utility Coordination Supplemental Survey Pond Site Boundary and Topo Survey BA-l II Jurisdiction Line Surveys (@$1,OO per foot, estimate 17,000 ft.) Jurisdiction Line Sketch & Descriptions Geotech Coordination Collier County Utility Coordination Cover Sheet Drainage Maps Typical Sections Plan and Profile Sheets Cross Sections Order of magnitude Quantities and Opinion of probable costs Respond to Review Comments Project Management Quality Assurance/Quality Control Time and Material Not to Exceed: $391,904.00 Task II - 60% Submittal Data Gathering Mitigation Public Involvement Pond Site Analysis Retention Area Modeling SFWMD Permit (ERP) Application ACOE Permit (Dredge and Fill) Application U,S, Fish and Wildlife Coordination BA-l -- 10F Florida Fish and Game Coordination Utility Coordination RfW Coordination Geotech Coordination Collier County Utility Coordination Cover Sheet Drainage Map Typical Sections Summary of Drainage Structures Survey Control Sheets Project Layout Sheets Plan and Profile Sheets Construction Details Drainage Structure Sheets Drainage Details Soil Survey Sheet Cross Sections SWPPP Plans Pond Site Details Intersection Details Traffic Control Plans Signing and Marking Sheets Signalization/Interconnect Plans Lighting Plans Box Culverts lOF BA-l Preliminary Quantities and Opinion of Probable Cost Respond to Review Comments Lighting - Photometric Analysis Report Lighting - Voltage Drop Report Project Management Quality Assurance/Quality Control lOF Time and Material Not to Exceed: $277,662,00 Task III - 90% Submittal Mitigation Public Involvement Retention Area Modeling SFWMD Permit (ERP) Responses to requests for additional information, etc, ACOE Permit (Dredge and Fill) Responses to requests for additional information, etc, U.S. Fish and Wildlife Coordination Florida Fish and Game Coordination Utility Coordination Collier County Utility Coordination Cover Sheet General Notes Drainage Map Typical Sections Summary of Quantity Sheet Summary of Drainage Structures BA-I Survey Control Sheets - lOF Project Layout Sheets Plan and Profile Sheets Construction Details Drainage Structure Sheets Drainage Details Soil Survey Sheet Cross Sections SWPPP Plans Pond Site Detail Sheets Intersection Details Traffic Control Plans Signing and Marking Sheets Signalization/Interconnect Plans Lighting Plans Box Culverts Quantities and Cost Estimate Respond to Review Comments Lighting - Photometric Analysis Report Lighting - Voltage Drop Report Specifications Project Management Quality Assurance/Quality Control Time and Material Not to Exceed: $252,650.00 BA-l Task IV - 100% Submittal Mitigation Public Involvement SFWMD Permit (ERP) Final issues ACOE Permit (Dredge and Fill) Final issues Utility Coordination Collier County Utility Coordination Cover Sheet General Notes Typical Sections Summary of Quantity Sheet Summary of Drainage Structures Survey Control Sheets Project Layout Sheets Plan and Profile Sheets Construction Details Drainage Structure Sheets Drainage Details Soil Survey Sheet Cross Sections SWPPP Plans Pond Site Detail Sheets I ntersection Details Traffic Control Plans Signing and Marking Sheets ~ BA-l - lOF Signalization/Interconnect Plans Lighting Plans Box Culverts Quantities and Cost Estimate Specifications Electronic Submittal Project Management Quality Assurance/Quality Control Time and Material Not to Exceed: $133,378,00 Task V - Riqht-of-Wav Plans Preliminary Right-of-Way Maps Locate Property Corners Finalize Maps Prepare Control Survey Maps, set/reference Baseline Control Points Property Title Search (assume total of 40 each @$2,OO each) Parcel Staking (assume total of 25 each @$525,OO each) Final Right-of-Way Maps Legal Sketches and Descriptions (assume total ot 42 each @$450,OO each) Right-ot-Way monumentation after construction Coordinate with County Attorney's Office, County Lands, etc. Expert testimony, Depositions, Displays, etc, Time and Material Not to Exceed: $ 104,440.00 Total Cost Not to Exceed: $1,160,034.00 BA-l II -. tor SCHEDULE B ATTACHMENT B - lOF CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Professional Principal Engineer Sr. Registered Engineer Engineer I Project Manager PLS Registered Surveyor 4-Man Crew GPS Crew Technician V Technician III Technician I END OF SCHEDULE B, 88-1 Hourly Fee $165,OO/hr $130,OO/hr $ 88,OO/hr $140.00/hr $110,OO/hr $135,OO/hr $210,OO/hr $ 95.00/hr $ 75,OO/hr $ 60.00/hr SCHEDULE C PROJECT MILESTONE SCHEDULE Schedule is based on the number of calendar days from issuance of Notice to Proceed, Task 1 - 30% Submittal Task II - 60% Submittal Task III - 90% Submittal Task IV - 100% Submittal Task V - Riqht-of-Way Plans c-l 238 days 258 days 195 days 112 days 54 days .... 10F SCHEDULE D INSURANCE COVERAGE 10': (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations, All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater, (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer, (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein D-I Þ lOF shall relieve CONSULTANT of this requirement to provide notice, In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy, (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased, If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used, The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. D-2 (9) If the initial, or any subsequently issued Certificate of Insurance expires p:r to th! 0 F completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration, Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause, WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida, The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x $1,000,000 Each Accident -- $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed, D-3 (3) United States Longshoreman's and Harborworker's Act coverage shall be maintain!d 0 F where applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work, _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate D-4 $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $500,000 $ 50,000 lOF $1,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you," Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims, D-5 (5) Watercraft Liability coverage shall be carried by the CONSULTANT - or to F SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis, (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance, D-6 · lOF PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance, Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate ~ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim, Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion, (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter, CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any D-7 ..... lOF cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy, CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy, If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT D-8 , lOF agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants, (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a, The date the professional liability insurance renews, b, Current policy limits. c, Current deductibles/self-insured retention, d, Current underwriter, e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f, Cost of professional insurance as a percent of revenue, g, Affirmation that the design firm will complete a timely project errors and omissions application, (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds, END OF SCHEDULE D D-9 Client#: 1955 AGNOBAR3 n:- A CORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYJ""" 1 09f29/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Tampa, FL 33622-2668 813289-5200 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity & Guaranty Agnoli, Barber and Brundage, Inc, INSURER B: XL Specialty Insurance Company 7400 Tamiami Trail North INSURER c: St Paul Fire & Marine Suite, 200 INSURER D: I Naples, FL 34108-2599 INSURER E: 1 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER PgÃ~CJ'(~J¡5g~~ P%~fl ('i.,X:;'~J)$1N LIMITS LTR A ~ERAL LIABILITY BK01372810 05f13f05 05f13/06 EACH OCCURRENCE $1 000 000 X 3M ERCIAL GENERAL LlAB ILlTY FIRE DAMAGE (Anyone fire) $1.000 000 - CLAIMS MADE W OCCUR MED EXP (Anyone person) $10000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2.000 000 GEN'L AGGREM LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2.000 000 -=-=-¡ POLICY ~~RT n LOC A ~TOMOBILE LIABILITY BA01372799 05f13f05 05f13f06 COMBINED SINGLE LIMIT 1L ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY BK01372810 05/13/05 05/13/06 EACH OCCURRENCE $1 000 000 ~. OCCUR 0 CLAIMS MADE AGGREGATE $1.000.000 $ ~ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND WV A2448857 05/01f05 05/01/06 X WCSTATU, I IOJ~- EMPLOYERS' LIABILITY $1,000,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 B OTHER DPR9411467 05f15f05 05f15/06 $1,000,000 Each Claim Professional $1,000,000 Ann Aggr ~iability DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made and reported basis. RE: Contract #05-3835 Professional Design and Related Services for Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road - Project #60091 (See Attached Descriptions) CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION SH OULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3Ð.-DAYSWRlTTEN Commissioners NOTICE TOTHE CERTlFICAlE HOLDER NAMED TO THE LEFT, BUT FAILURE TODOSOSHALL 3301 E. Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER,ITSAGENTS OR Naples, FL 34112 REPRESENTATIVES, AUTHORIZED REPRESENTATIVE I ~ h\. N(1-,-, ¿;) ~ ACORD 25-5 (7/97)1 of 3 #S111796/M104620 KJS ø ACORD CORPORA TIOH 1988 '" 1 O~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD25-5(7197)2 of 3 #Sll1796/Ml04620 þ DESCRIPTIONS (Continued from Page 1) The Certificate Holder is added as an Additional Insured with respect to the General Liability, Excess Liability and Auto Liability policies, AMS 25,3 (07/97) 3 of 3 #S111796/M104620 F SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE þ 10F In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Agnoli, Barber & Brundage, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Design and related services for Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road are accurate, complete and current as of the time of contracting. Agnoli, Barber & Brundage, Inc. J BY: TITLE: President DATE: September 29, 2005 TPA#1953637,9 PSA E-l SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS Daniel W, Brundage, P,E 20% Ted Tryka, P,E, 50% Frederick T. Barber III, P,E, 2% Dominick J, Amico, Jr., P.E. 10% Guy P. Adams, P.S,M, 2% George W. Hackney, P.S,M, 20% Matt Kichline 20% Ken DeGennaro 50% Tindale-Oliver and Associates, Inc, 5% Jenkins & Charland, Inc, 3% W. Dexter Bender and Associates, Inc, 20% MACTEC Engineering and Consulting, Inc. 10% F-l - lOF , 10H MEMORANDUM Date: November 8, 2005 To: David C. Weigel, County Attorney Office of the County Attorney From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: County Manager Employment Agreement Enclosed please find a copy of the following document above (Item # lOR), approved by the Board of County Commissioners on Tuesday, November 1, 2005. If you should have any questions, please contact me at 732-2646 ext. 7240 Thank you. Enclosure I, läH ADDENDUM TO COUNTY MANAGER EMPLOYMENT AGREEMENT This Addendum to County Manager Employment Agreement (the "Addendum") hereby amends, is attached to and is incorporated into that certain County Manager Employment Agreement dated July 30, 2002, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter "Employer") and JAMES V, MUDD (hereinafter "Employee''''), and is dated this b.r- day of --.lJ.OIJÐMðr..L ,2005, WHEREAS, Employer and Employee have entered into the County Manager Employment Agreement (the "Agreement") whereby Employer agreed to employ the services of Employee as County Manager ("County Administrator") of Collier County, as provided by Collier County Ordinance Number 93-72, as amended and Chapter 125, Part III, Florida Statutes: and WHEREAS, Employer and Employee wish to modify the terms of the Agreement in accordance with the terms and conditions hereof. NOW THEREFORE, in consideration of the mutual covenants herein contained, the party hereby agrees as follows: 1, RECIT ALS. The above recitals are true and correct and are hereby incorporated 'herein by reference. 2, AMENDMENT OF TERMINATION DATE. Notwithstanding any provision to the contrary in the Agreement, the Agreement is hereby extended for a period of four (4) years, whereby the employment termination date shall be September 30, 2010, unless this Agreement, as amended, is extended or negotiated as provided therein, 3, REMAINING PROVISIONS. Except as modified hereby, the terms and conditions of the above-referenced Agreement shall remain in full force and effect. ,,~~ IN WITNESS WHEREOF, the parties have executed this Addendum as of the ttlte first above written, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Act'tb"f: Ð~Wt,Te '..,' '~!~_.'.I. ß~· .,..., ~~~.~ . _.'''' ~, .~ i .. ,'" ..~....;.:.,. . ~, .. . ... - , . '-,' ~ , - -... - ,. .. ., ,,~. ':,1 ~ - ~_ ~ ..~: ;t:~$t'IS to øt. t::~ t jjØIJ~ o,fj;t ~ ' ,. "'.. .' - , ~ 1 ti'",,_ '" ........ .. ~ ' , By: ~ .1-1-0, ~ Fre W, Coyle, Chai a .' . ~J '.j 1 1,10H EMPLOYEE: Q //!~--Ø James V. Mudd - WITNESSES: Approved as to fonn and legal sufficiency: _J...D{:'¡ t~ t/v~ / David C. Weigel Collier County Attorney State or Fl.OItIA ~;ountY of COLLIER '-."--~. .~ r~~\ . '. .., . ~ , : HEREBY CERTIFY THAT this Is . tIue'" correct copy ot a eocument on file In Board Minutes a,'\d Recores Of CaUier COu"" WITÞoI E55 my hª"O anO QffiçlaLsea' this .-!:..... day of Nc:JVe.ffi be r - C:~,.~....-. 2 . \-1=- ltemf 1° - Agenda' , , , \ los Date ~ Dale ,,' I~ I¿- Rec'd ~~ ~ 101 ..... - . ··~â.' ''J! '~I MEMORANDUM Date: ~ovember 1, 2005 To: Teri Wides, Manager, Career Development And Training, Human Resources Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: W orksite Agreement / Enclosed please find one original document as referenced above, Agenda Item # 1 01, approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact Minutes & Records ext. 7240. Thank you. 101 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oflice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action 011 the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the excevtion of the Chairman's sÌlmature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. - 2. - - 3, --.. 4. -... - 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The prima!)' contact is the holder of the original document pending BCC approval. Normally the prima!)' contact is the person who created/prepared the executive summa!)', Prima!)' contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number 77l.f-J'Cj/ It) :r Yes (Initial) N/A (Not A licable) kJï tJOV€M /)..er c.. 0 ý\ T rC\C DoS Agenda Item Number ~d.J I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip 'NWS Original 9,03,04, Revised 1,26,05, Revised 2,24,05 Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials, All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time rrame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 11'"/- OS (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan cs, if a licable. 2, 3, 4. 5, 6, 101 RESOLUTION NO, 2005-~ 3~1_ A RESOLUTION APPROVING THE HURRICANE WILMA WORKSITE AGREEMENT WITH THE WORKFORCE COUNCIL OF SOUTHWEST, FLORIDA, INC, TO PROVIDE TEMPORARY LABOR AT NO COST TO COLLIER COUNTY GOVERNMENT WHILE PROVIDING CLEANUP, RESTORATION, AND HUMANITARIAN ASSISTANCE TO THE COLLIER COUNTY COMMUNITY. WHEREAS, Collier County has been damaged by Hurricane Wilma, and WHEREAS, a National Emergency Grant has funds available through the Workforce Council Of Southwest, Florida, to provide temporary workers for designated communities, and WHEREAS, Collier County is such a Community, and WHEREAS, Collier County has work to be done that is qualified under this Grant, and WHEREAS, Collier County is fiscally responsible to its citizens, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Hurricane Wilma Worksite Agreement With The Workforce Council Of Southwest, Florida a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 1st day of November, 2005, ATTEST.. \~.", \' ,~1 ~t', f~, I fi I ~ DW~Gfk1:-J~~ BR~t'.çlerk ~. ~ :,', " 'JJ1L' ., ::;~','" B',' .,'. ' "':i~, y, . , '.:;', EPUTY C ·E, . ::t",', (t~, ':to', ~~inlU', ,;: ~::~~, .., . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~W ~ FRED W, COYLE, Ch an Approved as to fonn and legal sufficiency: ~¿J¡?~j Michael W, Pettit, Chief County Attorney Item it 101 EXECUTIVE SUMMARY Recommendation to adopt a resolution approving the Hurricane Wilma Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Wilma. OBJECTIVE: For the Board of County Commissioners to adopt a Resolution approving the Hurricane Wilma Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Wilma, CONSIDERATION: A National Emergency Grant has made funds available through the Workforce Council Of Southwest, Florida, to cover the costs for pre-screening, the wages and the required safety equipment for qualified temporary workers for designated communities that have been affected by Hurricane Wilma, Collier County qualifies as such a designated community and has work to be done that is qualified under this Grant. Workers qualified under this grant can do this qualified work at no cost to the taxpayers of Collier County. FISCAL IMPACT: The results of these actions will provide County Services for clean-up, restoration and Humanitarian services to Collier County residents at no cost to the County, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, RECOMMENDATION: It is recommended that the Board of Commissioners adopt the proposed Resolution approving the Hurricane Wilma Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Wilma, SUBMITTED BY: ~u.~ Ú)~Q) Teri Wides, Manager, Career Development And Training, Human Resources Department Date: / ð/({)t/éJOtJ!5 REVIEWED BY: ~~e~~~" Human Resources Department Date: (() , ~ ~. \)~ Date: 10' 28{)5 10~ lOt Hurricane Wilma WORKSITE AGREEMENT I certify that Agreement # Collier County Government Worksite Name is designated as a Disaster Relief Jobs Program worksite Workforce Council of Southwest FL, Inc Worksite Employer Name B Address 215 Airport:-Pulling Road N" Suite 3 City, State, Zip Naples, Florida 34104 Naples. FL 34117 Phone Number 239-643-4324 239-774-8919 FAX Number- 239-643-4431 239-774-8996 Contact PersonlTitle John Tippins Teri wiees Worksite Employer's business is: ( ) Private for Profit ( ) Private Non-Profit (X ) Government (if authorized) The ¡:J) /!/,u /i? Typed NamefTitle Typed NamefTitle SíTfJi-JEA/ Yt C/lf!.A1GtL. . /ufeIIA5/AI~ Employee: Participant temporarily hired for disaster recovery & clean-up efforts & humanitarian efforts, Worksite Employer: Entity responsible for direction & supervision of the employee at the site of the disaster recovery or clean-up: 101 I. AUTHORITY: This agreement is executed pursuant to the following statutory, regulatory and policy provisions, The Workforce Investment Act, 29 USC 1501, as amended ('WIA") and the WIA Final Regulation, II. TERM: The period of performance of this Agreement shall be from the _28th_day of October 2005, The Maximum period of performance under this contract cannot exceed 6 months or 1040 hours, III. WORK DESCRIPTION An individual served under this Agreement will be referred to as an "employee," A job Description will be written for each employee served under this agreement. A duly recognized representative, such as a manger or supervisor, may sign for the Employer. Job Description shall by reference be made a part of this Agreement. VI. PERFORMANCE OF WORK A. ST ART OF WORK: The Worksite Employer will not start the employee at work until the Workforce Council has signed this Agreement, and the Job Description and Worksite Agreement Addendum has been completed for the employee, The start of work Must not precede the Date of this agreement or the last signature date, B. TERMINATION FOR CONVENIENCE: The performance of work under this Agreement may be terminated in whole or From time to time in part by Workforce Councilor Collier County Government when it determines that such termination is in the best interest of the Workforce Council. Termination for work hereunder shall be effected by delivery to the Worksite Employer 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. The Worksite Employer shall notify the Workforce Council of any changes to the required hours and work necessary to be performed by the Employee in order to effectuate any terminations due to lack of work, C. TERMINATION FOR REASONS OF DEFAULT: Workforce Council may, by written notice of default to the Worksite Employer, terminate the whole or any part of this Agreement in anyone of the following circumstances: If the Worksite Employers fails to perform the services specified herein; or if the Worksite Employer fails to perform any of the other provisions of this Agreement, or so fails to make progress as to endanger performance under this Agreement in 101 accordance with its terms, and in either of these two circumstances does: not cure such failure with in a period of ten (10) days (or such longer period as the Workforce Council may authorize in writing) after receipt of notice specifying such failure, V. WORKSITE EMPLOYER'S REQUIREMENTS (PARTICIPANT) A. EQUAL OPPORTUNITY: The Worksite will not discriminate against any employee because of race, color, religion, sex, or national origin. B. STATEMENT OF EMPLOYER PERSONNEL POLICY: The Worksite will provide a copy of its policy to the employee covering any specific rules or regulations by which the employee is expected to abide, VI. MISCELLANEOUS PROVISIONS A. PAYMENTS: (1) The Worksite Employer will assist the Workforce Council by providing the appropriate documentation (signed timesheets) to the Workforce Council on a timely basis to ensure the Employee is paid on a timely basis. (2) All hours must be rounded to the nearest quarter hour on a daily basis. B. CHANGES: (1) There shall be no modification or amendment of this Agreement, except in writing, executed with the same formalities as this instrument. C. DISPUTES: All disputes should be resolved informally, If resolution does not occur to the satisfaction of any party, the first step is to use existing grievance procedures, if any, established by the Worksite Employer to resolve disputes with Employees. D. ATTESTATION REGARDING EMPLOYMENT OF EMPLOYEE: The Employer can presently employ none of the employees served under this Agreement, nor can they be presently on a layoff status subject to recall by the Employer or other like status with the Employer. E. SUBJECT TO FUNDING/BUDGET: It is expressly understood by and between the parties hereto that the Workforce Council is serving solely as distributor of funds provided under the Workforce Investment Act (WIA), and is not obligated to disburse monies from general funds or otherwise to make payments described herein, and further, that this distribution is contingent upon the receipt of WIA funds, The Workforce Council reserves the right to institute an administrative modification to reduce in whole or in part the monies provided under this Agreement should available monies become insufficient to continue Agreement levels, 10 I' F. HOLD HARMLESS: Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims, damages, losses or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either party's employees or representatives connected with the activities described herein G. DEBARMENT AND SUSPENSION: The Worksite Employer certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal or State department or agency, H. RELATIONSHIP OF PARTIES: The Worksite Employer does not become the agent of the Workforce Council for any purpose pursuant to this Agreement, and will make no representation of such. In agreeing to provide direction and supervision for the employee(s), the Worksite Employer understands that this does not make any employee an employee or agent of Workforce Council, nor is the Workforce Council liable to the Worksite Employer or any third party by reason of any future act or failure to act by any employee on or off the job, VII. ASSURANCES AND CERTIFICATIONS In entering into this Agreement, the Worksite Employer hereby acknowledges, and agrees to comply with, the following statutory, regulatory and policy provisions. A. RELOCATION: Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocation of the Worksite Employer's business, B. MAINTENANCE OF EFFORT: The Worksite Employer assures that this agreement will only provide for employment opportunities that are necessary for disaster recovery, C DISPLACEMENT OF CURRENTLY EMPLOYED WORKERS: The Worksite Employer assures that no currently employed worker shall be displace by any employee, including partial displacement such as a reduction in hours of non- overtime work, wages or employment benefits, No employee shall be employed or job opening filled when (a) any other individual is on a lay-off from the same or any substantially equivalent job, or (b) when the Worksite Employer has terminated the employment of any regular employee, or has otherwise reduced its work force with the intention of filling the vacancy so created by utilizing an employee, D. HEALTH AND SAFETY STANDARDS: Health and safety standards otherwise applicable to working conditions of disaster employees shall be equally applicable to working conditions of the regular employees, The Worksite Employer assures that appropriate standard for health and safety will be maintained, including adherence to both federal and state Child Labor Laws, E. SECTARIAN ACTIVITIES: The Worksite Employer assures that employees will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. lor F. COLLECTIVE BARGAIING AND UNION ACTIVITIES: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist, promote or deter union organization, G. LOBBYING AND POLITICAL ACTIVITIES: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States, VIII. REPRESENTATIONS AND UNDERSTANDING: The Worksite Employer agrees to operate this worksite in accordance with the provisions, conditions and specifications as follows: 1, To insure that employees assigned to this worksite will only perform tasks that are a result of the disaster or are necessary because of destruction in this declared area, 2, To insure that the Workforce Council will be notified as soon as all tasks which are necessary as a direct result of the destruction have been completed. 3, To insure compliance with governing state and federal laws and policy, 4. To provide adequate supervision of the temporary employees, 5, To provide sufficient work to fully occupy the temporary employee's working hours. 6. To maintain the worksite timesheets and monitoring of hours and attendance. 7. To adhere to applicable wage and hour regulations, 8, To insure safe and sanitary working conditions, 9, To insure that no temporary employee will be involved in any sectarian or political activities. 10, To follow AMS Accident Procedures and to file injury reports when applicable and immediately advise the Workforce Council. IX. The Worksite Employer understands that no part of this Agreement, includina any Addenda,_may be subcontracted to a third party without the express written consent of the Workforce Council. A. The worksite Employer will immediately advise the Workforce Council in writing of any actions, suits, claims or grievances filed against the Contractor, the Workforce Council, State of Florida, federal officials or participating employees that in any way relates to this Agreement. , B. The Worksite Employer represents that it has the power and authority to execute this Agreement and perform the services specified in any Addenda to this Agreement. ~ 101 ADDENDUM TO NEG WORKSITE AGREEMENT The Workforce Council of SW FL Inc, will be responsible for the following procedures under this contract: 1, Provide required workers compensation coverage 2, Pay wages for participants at the worksite agency's entry level rate for the position up to $12,000 or 1040 hours, whichever comes first. 3, Reimbursement of all costs associated with the positions that are required by the worksite agency, These costs may include but are not limited to drug testing, uniforms, safety equipment, etc, 4, Provide support to worksite supervisors that may be needed, This includes pick-up of time sheets and delivery of paychecks; procedures in reporting injuries; counseling, as needed, of participants. At Neuman Executive Director This agreement is hereby executed pursuant to the terms and conditions stated herein. EXECUTION Worksite Emplover Workforce Council of Southwest FL. Inc, Signature TJtle Date !~ rJ. ~ Title PG-s D i ~f,o f' Date \ oh.,,¿lo5 10-1" I t ~ 10 c ~.~. '-' MEMORANDUM Date: November 7, 2005 To: Michelle Arnold, Director Code Enforcement From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005-382 & 2005-383 Enclosed please find two (2) copies, as referenced above, (Agenda Item # 1 OJ and 1 OL) approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (2) J 10J RESOLUTION NO. 2005-382 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DIRECTING THE COUNTY MANAGER TO SUSPEND THE ENFORCEMENT OF SUBSECTIONS 2.01.00.2, 2.03.07.J.3a, 3.02.09.E, AND 4.02.22.C.l OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 04-41, AS AMENDED) RELATING TO THE PROHIBITION OF THE PARKING OF TRAVEL TRAILER I RECREATIONAL VEHICLES IN THE DRIVEW A YS OF SINGLE F AMIL Y RESIDENCES DUE TO THE EXTENSIVE DAMAGE CAUSED BY HURRICANE WILMA WHEREAS, because Hurricane Wilma posed a serious threat to the lives and property of the residents of Collier County, on October 20, 2005 the Board of County Commissioners (Board) adopted ProclamationlResolution No, 2005-363, which declared a local State of Emergency, effective immediately for all territories in the incorporated and unincorporated areas of Collier County; and WHEREAS, because Hurricane Wilma caused extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential building, the Board adopted ProclamationlResolution No, 2005-367 which extended the local State of Emergency to November 1,2005; and WHEREAS, due to the extensive damage, the Board recognizes that the citizens of Collier County are in need of timely repairing and restoring those structures and building which were damaged by Hurricane Wilma; and WHEREAS, as a result it may be necessary for Collier County residents to temporarily reside in travel trailers I recreational vehicles parked within the driveways of their respective residences while repairs are being made to the residence or while awaiting the restoration of water, sewer or electrical services; and WHEREAS, as a result of this emergency, it will be necessary to suspend certain provisions of the Land Development Code (LDC) to allow for the parking of travel trailer / recreational vehicles in driveways of the impacted residences for the purpose of allowing the residents of these impacted dwelling units to temporarily reside in the travel trailer I recreational vehicle while repairs associated with Hurricane Wilma under authorized and valid building permits issued by the Building Review and Permitting Department of Collier County are being made. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The enforcement of Subsections 2.01.00.2, 2.03.07.J.3.a, 3,02,09.E, and 4.02.22.C.1 of the Collier County Land Development Code relating to the prohibition of the parking of travel trailer I Page 1 of 2 I~~ .,,~oJ recreational vehicles in the driveways of residential single family dwellings are hereby suspended for a period of 180 days. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this fIT day of tV ðv'eJnb-er' , 2005. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID BY: FRED W, COYLE, CHAIR Marjori . Student-Stirling Assistant County Attorney 04-CMD-0 1 060/521 ~AA~--ø:ß - ,...-""" ~~ Item # loJ Agenda II -1-0 &::... Date ~ Page 2 of 2 MEMORANDUM Date: November 7,2005 To: Michelle Arnold, Director Code Enforcement From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005-382 & 2005-383 Enclosed please find two (2) copies, as referenced above, (Agenda Item # 1 OJ and 1 OL) approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (2) lOL lOL RESOLUTION NO. 2005- 383 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXPANDING THE NUMBER OF HOURS THAT CONSTRUCTION ACTIVITIES MAY OCCUR; ALLOWING CONSTRUCTION ACTIVITIES FROM 6:30 A.M. THROUGH 9:00 P.M. MONDAY THROUGH SA TURDA Y AND 9:00 A.M. TO 9:00 P.M. ON SUNDAY, ,.WITH THE EXCEPTION OF THANKSGIVING DAY, THRÔUGH DECEMBER 23, 2005, I FOR REPAIRS AND RESTORAE:ION TO STRUCTURES AND BUILDINGS DAMAGED B HURRICANE WILMA; SUSPENDING THE ENFORC ENT OF SECTION 54- 92(E)(2), MAXIMUM PERMISSIBLE SOUND LEVELS OF CONSTRUCTION SOUNDS, CHAPTER 54, CODE OF LAW AND ORDINANCES OF COLLIER COUNTY, FLORIDA DURING THE STATED HOURS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, because Hurricane Wilma posed a serious threat to the lives and property of the residents of Collier County, on October 20, 2005, the Board of County Commissioners (Board) adopted ProclamationlResolution No. 2005-363, which declared a local State of Emergency, effective immediately for all territories in the incorporated and unincorporated areas of Collier County; and WHEREAS, because Hurricane Wilma caused extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings, the Board adopted ProclamationlResolution No. 2005-367 which extended the local State of Emergency to November 1,2005; and WHEREAS, due to the extensive damage, the Board recognizes that the citizens of Collier County are in need of timely repair and restoration of those structures and buildings which were damaged by Hurricane Wilma; and WHEREAS, Section 54-92(e)(2), of the Code of Law and Ordinances of Collier County, Florida regulates noise from construction activities by solely allowing these activities to be conducted between 6:30 a,m. and 7 p,m., on Monday through Saturday, not including specified holidays; and WHEREAS, Section 54-92(e)(3) allows any person desiring to conduct construction activities during periods outside those allowed, to apply for such pennission from the County Manager or his designee; and WHEREAS, it is the intention of the Board to provide increased opportunity for expedited repair and restoration to structures and buildings which were damaged by Hurricane Wilma by allowing construction activities to occur from 6:30 a.m, to 9:00 p.m, Monday through Saturday and from 9:00 a,m. to 9:00 p.m, Sunday, with the exception of Thanksgiving Day, through December 23, 2005, without pre-approval from the County Manager; and WHEREAS, the enforcement of Section 54-92(e)(2), of the Code of Laws and Ordinances of Collier County, Florida will continue for construction activities not for the restoration or repair of structures or buildings damaged by Hurricane Wilma, 1 lOl NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners directs the County Manager to allow construction activities from 6:30 a,m, to 9:00 p.m., Monday through Saturday and from 9:00 a,m. to 9:00 p.m, Sunday, with the exception of Thanksgiving Day, by partially ceasing the enforcement of Section 54-92(e)(2), of the Code of Laws and Ordinances of Collier County, Florida during these times through December 23, 2005, for construction activities to repair or restore structures and buildings which were damaged by Hurricane Wilma. 2. The Board of County Commissioner directs the County Manager to continue to enforce Section 54-92(e)(2), of the Code of Law and Ordinances of Collier County, Florida for construction activities which are not to repair or restore structures and buildings which were damaged by Hurricane Wilma. This Resolution shall become effective upon adoption by the Collier County Board of County Commissioners. This Resolution adopted after motion, second and majority vote. ---1 ~ 1- Done this day of ¡/ ð V2fnbe.r ,2005. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - F:~f~' ~ Clerk ~-'- ~f. ~'. -" .". -;';;~' ·f f.~;;'.? : -~~-d'....a.~ '.,'.). . ':'. . ··':';"'.'j~::atwØ . .ue J ~ A:J.:Wõ' m~~~\f f~'gål sufficiency: ".li.'.,_..... ~ ~i-:.;.~~;',\ , " ,j." MW~ FRED W, COYLE, CHAIRMAN ~: Item # () L -- Agenda Date 11:1- 05 -- 2 \ L" J.. iON MEMORANDUM Date: November 9, 2005 To: Joseph K. Schmitt, Administrator Community Development & Environmental Services From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005-384 & 2005-385 Enclosed please find a copy of the documents referenced above, Agenda Item #10N, approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~p 1 0 N TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Td'" THE BOARD OF COUNTY COMMISSIONERS OFFICE FdR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ot1ice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the exce tion of the Chainnan's si nature, draw a line throu h routin lines # 1 throll h #4, com lete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin order) 1. Board of County Commissioners (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact statI for additional or missing infonnation, All original documents needing the Bce Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached tl---- ¿ 1J <' 5 1/ j 7()j/7 N/A (Not A licable) 2, 3, 4, 5, Sue Filson, Executive Manager 6, Minutes and Records Clerk of Court's Office I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05 PRIMARY CONT ACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, {.. resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be awar of our deadlines' The document was approved by the BCC on ,,Jènter date) and all changes made during the meeting have been incorporated n e attached document, The Count Attorne 's Office has reviewed the chan es, if a Iicable. 2. 3, 4, 5, 6, II 10N RESOLUTION NO. 2005-385 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ALLOWING THE COUNTY MANAGER OR HIS DESIGNEE TO ISSUE TEMPORARY USE PERMITS FOR BANNERS UNDER SECTION 5.06.04 C. AND SECTION 10.02.06 G. OF THE LAND DEVELOPMENT CODE OF COLLIER COUNTY, FLORIDA, AND SUSPENDING ENFORCEMENT OF SECTION 5.06.06 OF THE LAND DEVELOPMENT CODE OF COLLIER COUNTY, FLORIDA, WITH REGARD TO BANNERS, DUE TO DAMAGE CAUSED BY HURRICANE WILMA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, because Hurricane Wilma posed a serious threat to the lives and property of the residents of Collier County, on October 20, 2005, the Board of County Commissioners (Board) adopted ProclamationlResolution No, 2005-363, which declared a local State of Emergency, effective immediately for all territories in the incorporated and unincorporated areas of Collier County; and WHEREAS, because Hurricane Wilma caused extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings, and other structures, the Board adopted ProclamationlResolution No. 2005-367, which extended the local State of Emergency to November 1,2005; and WHEREAS, due to the extensive damage and destruction brought by Hurricane Wilma, the Board recognizes that the citizens of Collier County must repair and replace multiple buildings and other structures, including signs, and that in the course of repair and replacement of signs, certain businesses and other entities may need to temporarily use banners; and WHEREAS, Section 5.06,04 C, and Section 10.02.06 G, of the Land Development Code of Collier County, Florida regulate the issuance of temporary use pennits and Section 5.06.06 of the Land Development Code of Collier County, Florida prohibits banners in Collier County; and WHEREAS, it is the intention of the Board to provide the citizens of Collier County opportunities to pennanently repair and replace signs damaged or destroyed by Hurricane Wilma but also to provide businesses and other entities opportunities to use banners temporarily, until pennanent sign repairs or replacements can be made. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners directs the County Manager or his designee to issue temporary use pennits to businesses and other entities seeking to pennit banners under Section 5,06,04 C. and Section 10.02,06 G. of the Land Development Code of Collier County, Florida, which banners would replace signs damaged or destroyed by Hurricane Wilma on October 24, 2005, and otherwise would be prohibited under Section 5.06,06 of the Land Development Code of Collier County, Florida, so that such temporary use pennits will remain in effect 1 ION for a period not to exceed six (6) months ITom the Board's adoption of this Resolution, 2. The Board of County Commissioners directs the County Manager to suspend enforcement of Section 5,06.06 of the Land Development Code of Collier County, Florida with regard to banners for a period not to exceed six (6) months ITom the Board's adoption of this Resolution. This Resolution adopted after motion, second and majority vote, Done this , 5r / ,r- . ,2005. !\(~ ý un be í .... day of ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ ~~~E& If I' to Cha trea" IS tßlt... Oft I Approved as to form and legal sufficiency: ~w.~ FRED W, COYLE, CHA AN / , / Steven D. Griffin ~ Assistant County Attorney 2 II'~# \ 10 Ji , /-I-D~- ¡ C'·,'d JI. '7-05 . W1i lON EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees and to adopt a development-related review and process fee associated with Emergency amendments in support of Hurricane Wilma relief and recovery operations and as provided for in the Code of Laws Section 2-11. OBJECTIVE: To have the Board of County Commissioners (BCC) approve a resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees related to updating the Building Valuation Data and to create a development- related review and processing fee associated with Emergency amendments in support of Hurricane Wilma relief and recover operations as provided for in the Code of Laws Section 2-11. CONSIDERATIONS: The majority of operations within the Collier County Community Development and Environmental Services Division (CDES) are funded by fees paid by those engaging CDES' services. This Executive Summary is requesting the approval of the re-labeling of the Building Valuation Data (Exhibit C), and is not a change in the actual fees charged to CDES customers, The fe-labeling of the valuation tables allows the Building Review and Permitting department to update the valuation data to the new code, The reason for the re-labeling of the valuation data is the adoption of the International Building code as the Standard Building code. The valuation data is based on building occupancy and construction type and the 2004 building code, which went into effect on October 1, 2005, It contains similar but different occupancy and construction type labels, This action will replace the out-dated labels with the new labels, The change to the building valuation data has a neutral effect on the CDES revenue structure. At the September 14, 2005 Development Services Advisory Committee (DSAC) meeting, the committee unanimously endorsed the approval of the re-Iabeling of the Building Valuation Data (Exhibit C) by a vote of 11-0, . Included with this Executive Summary is Exhibit "c" - The Building Valuation Data, In addition, this Executive Summary is requesting the approval of the creation of a $25 fee for a 6-month temporary contractor's license. The creation of the fee allows the Licensing Supervisor to issue Collier County contractor's licenses to out-of-county and out-of-state licensed contractors to conduct work within Collier County during the Hurricane Wilma recovery period. Included with this Executive Summary are: Exhibit "þ;'- the CDES Fee Schedule, Attachment "N' - the Resolution, and Attachment "B" - CDES Fee Schedule underlines and strike-throughs, FISCAL IMPACT: This Executive Summary requires no budget changes and/or reallocation of funds. This is not a fee change, and thus has no effect on the FY 2006 budget, AhàOv 10 IV Ilf d 0'; ...., 1 OliN , GROWTH MANAGEMENT IMPACT: There is no growth management impact, LEGAL CONSIDERATIONS: The proposed Resolution to amend the Collier County Administrative Code Fee Schedule, provided for by Chapter 2-11 of the Collier County Code of Laws and Ordinances, is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for Board consideration and approval, RECOMMENDATION: That the Board approves the enclosed resolution and attached exhibits A, B, and C, which adopt the proposed changes to the Administrative Code for the Fee Schedule, PREPARED BY: Michael S. Levy, Accounting Technician, Financial Administration and Housing, CDES lON\ RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: ADDING A FEE FOR ISSUING TEMPORARY CONTRACTOR LICENSES IN AN EMERGENCY; RE-LABELING THE BUILDING VALUATION DATA; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY ADMINISTRATIVE CODE PURSUANT TO CODE OF LAWS SECTION 2-11; SUPERSEDING RESOLUTION NO. 2005-269; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Code of Laws and Ordinances, Section 2-11 provides that amendments to the Collier County Administrative Code may be adopted by resolution; and WHEREAS, the Board of County Commissioners previously has most recently approved Resolution No. 2005-269, establishing a revised fee schedule of development related review and processing fees on July 26,2005; and WHEREAS, the revisions and clarifications to the Collier County Community Development and Environmental Services Fee Schedule through the addition of a licensure fee to Section FF) liCENSING, 1. f" for temporary emergency contractors' licenses (Exhibit A)(revision date 10/27/05); and through adoption of a re-labeling of the building valuation data tables (Exhibit C); are reflective of the most current actual building costs effective October 1, 2005, and of the cost of County staff performing those tasks needed to process the corresponding applications for a temporary contractor's license, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that: 1, the building valuation data set forth as attached hereto and incorporated by reference herein as "Exhibit C," and 2, a $25 temporary licensure fee for emergency contractor licenses, are fair, reasonable and to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the, County's corresponding development review and pennítting processes, lON BE IT FURTHER RESOLVED that this Resolution, and corresponding exhibits, relating to fees authorized by the Collier County Administrative Code for all fee changes, be recorded in the minutes of this Board with an immediate effective date upon the Board of County Commissioners approval, and that Resolution No, 2005-269 is hereby superseded by the adoption of this Resolution effective as stated above, and that the Exhibit attached to this Resolution be included in, and be made a part of, the Collier County Administrative Code. This Resolution adopted after motion, second and majority vote. Done this day of ,2005, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk FRED W, COYLE, CHAIRMAN Approved as to form and legal sufficiency: ?~~.~ Patrick G, White Assistant County Attorney 2 ION RESOLUTION NO. 2005- 384 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: ADDING A FEE FOR ISSUING TEMPORARY CONTRACTOR LICENSES IN AN EMERGENCY; RE-LABELING THE BUILDING VALUATION DATA; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY ADMINISTRATIVE CODE PURSUANT TO CODE OF LAWS SECTION 2-11; SUPERSEDING RESOLUTION NO. 2005-269; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Code of Laws and Ordinances, Section 2-11 provides that amendments to the Collier County Administrative Code may be adopted by resolution; and WHEREAS, the Board of County Commissioners previously has most recently approved Resolution No. 2005-269, establishing a revised fee schedule of development related review and processing fees on July 26,2005; and WHEREAS, the revisions and clarifications to the Collier County Community Development and Environmental Services Fee Schedule through the addition of a licensure fee to Section FF) LICENSING, 1. f., for temporary emergency contractors' licenses (Exhibit A)(revision date 10/27/05); and through adoption of a re-1abe1ing of the building valuation data tables (Exhibit C); are reflective of the most current actual building costs effective October 1, 2005, and of the cost of County staff performing those tasks needed to process the corresponding applications for a temporary contractor's license, NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that: 1, the building valuation data set forth as attached hereto and incorporated by reference herein as "Exhibit C," and 2. a $25 temporary licensure fee for emergency contractor licenses, are fair, reasonable and to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes, 1 ION BE IT FURTHER RESOLVED that this Resolution, and corresponding exhibits, relating to fees authorized by the Collier County Administrative Code for all fee changes, be recorded in the minutes of this Board with an immediate effective date upon the Board of County Commissioners approval, and that Resolution No, 2005-269 is hereby superseded by the adoption of this Resolution effective as stated above, and that the Exhibit attached to this Resolution be included in, and be made a part of, the Collier County Administrative Code, This Resolution adopted after motion, second and majority vote. Done this /$ day of /Vðvemo& ,2005. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ßy: h~ ........ paÍý..Qftk Attøt ji t. ~~.... ~...' A:::~tf{~~..}~ -{¡¡SUffiCienCY: V~~~:~ Patrick G. White Assistant County Attorney ~ ..JLw ~ FRED :-COYLE, CHA N Item # toN Agenda \ \_,. oS Date 2 .. , ~. c 0 [ I i e T C 0 "' n t y EXHIBIT A COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC Proposed version, Oct 27, 2005 Contents: A) ADMINISTRATION ,'....."..',.,'...."".""..."",.....".,'..."..""",..",.."",'.."",..".."...,...,..,'..'"",..,...."""",..,..,"",.",..""".,....,..".."..,..,...,'...,...,.""..,.., 2 B) BlASTING PERMITS & INSPECTION "..,..",...."""""..""".,.",..,.."..".."'."..,,.."..""",.."",.."..",...,.",....",..,..""""..""",..".."""".",'..."'."."..,, 2 C) ENVJRONMENTAl/LANDSCAPING """,.."",.""...",.....,..".""",..,.",.",.."..,""",'.,.."""",..""",.."....,...",.."",..,...,..",,.,.""..",...""",.",..",."..,.3 D) EXCAVATION PERMITS ",.",....""""'..',.,..,.."",..."""..,..,..""",,...,..",..".."""..".."..."",..."""""",.."..,..""".."",..""".",.",..""""""""".."""..,.3 E) FIRE CODE REVIEW FEES ,'....,.."..",.."..,.".."""""."".",'.,..",.."",.."..."""",..""""""",..,..,'.."".".....,.""""..,..,..'"",..".."".,..,..".."..."..,.""..", 4 F) SIT'E DEVELOPMENT PLANS """.."......"."",..".".."..."..""",...""..""".",..".,.""."",.."..""",.,..."",..."",..".."..,..".."".,.."""",..""".."..,..."""" 4 G) SUBDIVISION '.,.,...."....."",..,.."""",..,..."..".....""..."..","..'""..,..",.",.".."."..."...,.""",.."..""","",....,.."..""",.."".."".",."..,..,.."",."",.....",.."" 5 H) ENGINEERING INSPECTION FEES """....,..",..".""",.....""....,..,..,'.."""".,.."..""""",..""..."...,....,.."""""",.."..",..."..,"..,'..,..."."...,.."..,.,..,.., 6 I) TEMPORARY USE PERMITS "..",.""".."..,.."""".."'.."..,....".""",.",,.,.",..""""",.."..".."",...""",..,.."""",..",.,...,...""""",.,..""..""""..,."""."" 6 1) WELL PERMITS/INSPECTIONS ,..""",..'"'..'...""...".",..,.....""",.,..,.'",..,,..,."".."""..",..',.."",.."""",'..'..",.",."..,..".."..""",..,..""""""""""",." 7 K) ZONING/LAND USE PE11TIONS"""""..,..,..,.."""",.."..,..,..""",....",.."""..".."""""""...,...,..",..,'..'"".."..,..."",.."",..'""".."..""..",......"".". 7-8 L) MISCELLANEOUS..,..".."..,...."",.",."."..",.",..".."..",..,.."".""."...'""""",.",..",.."..".."'....",,,."""..,.."""""",..".,..."""".,.',...,.."."".",..".."..", 9 M) BUILDING PERMIT APPLICATION FEE '.....,.."..",..,.....,.."............,.....,.."........'.."....,.....,..",....'.....'........,..,......,............,.........,...,'......"..,..... 10 N) BUll..DING PERMIT FEES ",..,..".,., ,., "" ...,...""..,." ,.,.".....,..,.." ,..".."", ""..., ..",... ." ,,'" ,."......".... ".."".., ,.."""..,.",...,.., ,.."..",.,..,'..""" ,..., ""'," 11 0) ELECTRICAL PERMIT FEES ......',....,............,.....,....,......,...,...,.........",......,..."..,........"..,......"...........,..,......",..,....',....,....,..,......,..,....,....,..,...."11 P) PLUMBING PERMIT FEES".,."...""""",..""""..,.""""",..""..",..""..."""..".."..".."."""".."",..""",.."","",..".",.".."",..",...,..".".."""""",'..", 12 Q) MECHANICAL PERMIT FEES ,.."....",..."",."..""".."..,.."....",..."""""",",..""",.."..""".."",..,.,..""".."""""..""..."....",..",..,..""..,."""..,'..".. 12 R) FIRE PREVENTION AND CONTROL PERMIT FEES..........",..,..,.......,....,...........,......,....,.."........,............",.........,......"...",............"..."..,....... 13 S) MOBllE HOME/OFFICE TRAllER AND OTHER TRAILER PERMIT FEES ,..,................,............,..,.......,..,......,...,...,....,......,..,............,....,.., 13 1) CHICKEES AND SIMIlAR S1RUCTURES".."....."..",..,..,.."""",..".",..".."..",..""'.."'...,.,..."""".."""",."..."..""",,..,,..,"..".".."..",."",..""", 13 U) POOL OR SPA PERMIT FEES ..,............,...,..,..,......"....,..,..,......,..'......,....,.."..",.."....................".."........."....,...,......,..,..............,...,....,.."....,..,.., 13 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ..,......"............"..,..,..,......,..,........,.........,....",..,....."..."..,..,......,........,...,.., ,........,......,..,.. 13 . W) SIGN PERMIT FEES ",.."""",.."..,..,'..",.....,.".."",.."'...'",'...,,.."",'..'""""'..".""......"..".."..""".",,.....,"""",..""...,.",..",..".."""""".",.,.."",.. 14 X) CONVENJENCE PERMIT FEES",..."""",.."...",..,..."""....."""...,..""..."..,..,.,'.".."...",.".....""""""",..,...,..".."",..".."""..",..,..,..,..'",.."..".,,'.. 14 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ..,..,....,......,...,...............,.................,........,......,............,......, 14 Z) PERMIT EX1ENSION ..,..",..,.,...,..."...,.."",..,.."",.."..",..,.."""","'..,...',.."..""""",..,'..",..""...,,.., "..""""""'.."""""""",..,'........."""",,,..',..".., 14 AA) DEMOLITION OF BUILDING OR S1RUCfURE PERMIT FEES........,..,........,.......,...............................,..................,....,..,...,..,................,.... 14 BB) PRE-MOVING INSPECTION FEES ..."..,..,..,..",."""'..",.'"..",.."""".",'.."..,,.."..,...""."...."'..""",.."..,..".""",.."..,..,,..,""""""..""."""",'..", 14 CC) INSPECTION FEES,.."",...",.",.....""""".."..,...,.."",.,."..".."""..'"""..,....,.."".....".."..,.,..,..".",..."..,,..,'.....".."."..""'..'"....,..,....",..".,.".."..,,, 1~ DD) REINSPECTION FEES ,..",........."""".."..,.."",.....",..".....,..,..'"....",..",..,..",.."..".."""""..".."..""",..,..",..".",",'."."""..""..,..""..""."...".,'.. 15 ÈE) FAll...URE TO OBTAIN A PERMIT ................,...,.............,......,.......,....,.."..........'"..,..................".......,.."...........,......,..........."..,......."......"......15 FF) LICENSING "..".", ,..".., ,.."..,...., ,..".." ,.",..""......'", "" ..."........" "., "".., ,.." ,., ,.,.."" ,.., ,..", '" ""'" ,,', "..."".., '...,.." ....".." ,..,..",... ,',' ...,..""" ".. '..,'.., 15 GG) DUPLICATE PERMIT CARDS ",..."...,..""'....."",.."",.,..,..,..".."",...'"",,,.,..".."..""""",.."",...""""""'..".."",,..,"".."..",.."",.."..,...".."",.".. 15 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ..'....".........,....'..',......,.....................,..,....,..,..",..,..,........,..,.."....,.....,.........,......,....,15 II) PERMIT.FEE REFÛNDS ....,..".,..,."""",.."",..""..,..."..,....,.....".."..,,..'"'..",.."."".."""..,.,.....".",.""""..".,,.""",..,..."",..""",..,.""""""..,.",..", 15 JJ)-RECORD RE1RIEV AL """'..'",."..".."""",...,.."",..",..,...,..,..,.,,,"",..""""".",...,..""""""",.."",...,.,..,.."",..",."......,.",.."'..'"",........,."""..",,,., 16 :~~k~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~ MM) SUBSCRIPI10N' SERVICE,..,.."..",..,.."..",......".."".."."""",...,..,.."""""'...,..""",.,...."..",.,..",.'",...."..,,,.."",.."".""."".."",..".."..""",....", 16 NN) ELECI'RONIC DATA CONVERSION SURCHARGE "....",."""..""...".."""..,.".....".."...,..,'.."..."..""",.,'.'""..."",..""""."..""..""",..,"",.." 16 00) REGISTRATION OF RENTAL DWElLINGS ",.."...."..,.....,..",....""".."'..',..",..".."""",,.."".,..."""..""...",.."",.."",.."...','..,."....",",."...',... 16 PP) CERTIF1CATE TO'BOARD BILLING ",..."....,..,..".""""........",."..""".,.,...""".."""...",'.,.."""..""..,..,.."..",..,."..",."..",.."..""""..,."..,.."...., 16 QQ) ADDmONAL FEE REFUND PROVISIONS ..,...............,..........,............,......, ,..........., ,... ,..,.............,..........,.. ..,..,.....,....,.....,..,......,.......,....,..... 17 RR) REFUND PROVISIONS,..",....,....... ....,............... ....,..", ,.".., ,..",..,."",...." ...."...."., ........,..,,'...., ......"........,.,..",......, 17 SS) ADDIDONAL FEE PROVISIONS""..,....,.."" ......., .....""'..,..,,..' ..... ,.".."'..,.....,....,,.., ......,..",..,..",......,..,..,'.....',...."... 17 Tr) PUBLIC VEIllCLE FOR HIRE FEES..".. ....",.""..., ......,,'.., ........,..",..,....",...".. ..",'.., ......",.."" ..., ....."..,.. '..,.....",..,.. ...17 UU) ''PAYMENT IN LIEU OF' FEE FOR PATIIW A YS (SIDEWALKS, AND BIKE LANES),.......,..,.., ..,..,.., ....,.......,............. ....,...... .18 Fees are in bold CDES Financial Administration, rev 10/27/05 msl page 1 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS, ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. WHERE AS PART OF A REZONING, PLAT OR SIMILAR APPLICATION TYPE, THE BOARD OF COUNTY COMMISSIONERS DIRECTS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE STANDARD TYPE OF APPROVAL PROCESSES REQUIRED, THE DIRECTOR OF THE APPROPRIATE DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET THE BOARDS REQUIREMENTS, THE APPLICABLE FEES SHALL BE THOSE WHICH MOST CLOSELY RESEMBLE THOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING AND THE LIKE. A) ADMINISTRA nON 1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code), Based on staff hours: Less than 20 hours $1,500.00, 20 to 40 hours $3,000.00, more than 40 hours $5,000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during site development plan review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination, $100.00 5) Amendment to Land Development Code, $3,000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC), $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC), $1,000.00 (non-refundable) B) BLASTING PERMITS & INSPECTION 1) 30 day permit fee, non-refundable payable upon application, $250.00 2) 90 day permit fee, non-refundable payable upon application. $600.00 3) Yearly permit fee, non-refundable payable upon application. $1,500.00 4) Renewal permit fee, non-refundable payable upon application, $200.00 5) After-the-fact fee, due to blasting without a permit. $10,000.00 6) Fine fee, per detonated shot with after-the-fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee, $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts, Upon completion, fees will be adjusted to reflect actual number of blasts, CDES Financial Administration, rev 10/27/05 IDS1 page 2 .~ C) ENVIRONMENTAULANDSCAPING 1) Site Clearing Permit, fIrst acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000,00 maximum) 2) Agricultural Land Clearing a. Land Clearing NotifIcation $250.00 b, Land Clearing Permit $250.00 Each additional acre or fraction of an acre, $50.00 ($3,000.00 maximum) 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (EIS) $2,500.00 for 1st submittal and 2nd submittal if applicable, 3rd submittal $1,000.00, 4th and subsequent submittals $500.00 each 5) Landscape Re-inspection 1st $50.00, 2nd $75.00, every inspection afterward $100.00 6) Vehicle on the Beach Permit Application, $250.00 (permit fee shall be waived for public and non- profIt organizations engaging in environmental activities for scientifIc, conservation or educational purposes). 7) Beach Nourishment Permits - $400 8) Special Treatment Review a, First fIve acres or less, $400.00 b, Each additional acre, or fraction thereof. $50.00 ($5,000,00 Maximum) 9) Coastal Construction Setback Line (CCSL): a, CCSL Permits $400.00 b, Variance - Petition, $1000.00 10) Sea Turtle Permit- a, Sea Turtle Handling Permits. $25.00 b, Sea Turtle Nesting Area Construction Permit. $200.00 c, Sea Turtle Nest Relocation, $100.00 11) Vegetation Removal Permit a, First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof, $50.00 ($3,000,00 Maximum) 12) After-the-fact Environmental or Landscape Permits a, CCSL Variance Petition, 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCA VA TION PERMITS 1) Annual Renewal, $300.00 2) Application (Private). $400.00 3) Application (Commercial). $2,000.00 4) Application (Development). $400.00 5) $150.00 per inspection paid in advance for 12 months 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Review Fee: $200.00 first 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000,00 8) Time Extension. $150.00 plus $200.00 per month inspection fee CDES Financial Administration, rev 10/27/05 IDS1 page 3 lON,- Ii¡ I 9) After-the-fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a, SDP - Site Development Plan $200.00 b. SDP A - Site Development Plan, Amendment $150.00 c. SDPI - Site Development Plan, Insubstantial $100.00 d. SIP - Site Improvement Plan $150.00 e. SIPI - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. PSP A - Preliminary Subdivision Plans, Amendment $100.00 h, PPL - Plans & Plat, Subdivision $100.00 i. FP - Final Plat $100.00 j, CONSTR - Construction Plans, SubdivisionlUtilities $100.00 k. ICP - Construction Plans, Insubstantial $100.00 1. DR! - Development of Regional Impact $200.00 m. DOA - Development Order, Amendment $150.00 n, PUDZ - Planned Unit Development, Rezone $150.00 0, PUDA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development, Insubstantial $100.00 q, RZ - Rezone, Regular Zoning $100.00 r. CU - Conditional Use $150.00 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per DIU b, plus $100.00 per residential building structure; c. plus $.10 per square foot for non-residential except that structures designed exclusively for parking (parking garages) shall be calculated at $.05 per square foot. d. plus $200.00 per building for non-residential. e. Additional fees for 3rd review $1,000.00, 4th review $1,500.00, 5th review $2,000.00, 6th and subsequent reviews $2,500.00 2) Pre-application fee, $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees, b, Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change, $400.00 for first sheet, $100.00 for each and every additional sheet submitted, b. Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 5) Site Development Plan Conceptual Review $750.00 CDES Financial Administration, rev 10/27/05 IDS1 page 4 10 \ 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a, Construction Document Review, 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25 % of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction b. Construction Inspection 2.25 % of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction 9) Site Development Plan Amendment (SDP A) $2,500.00, a. Plus $40.00 per DIU plus $100.00 per residential building structure b, plus $.10 per square foot c, plus $200.00 per building for non-residential d. Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 10) SBR Fees a) Pre-Acquisition Meeting $500.00 (no refunds or credits) b) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) c) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staff hours 11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP, 4x the SIP/SDP application fee 12) Request for alternative architectural design $500.00, no separate or additional fee for appeals to, or requests for assistance from, the Architectural Arbitration Board. G) SUBDIVISION 1) Lot Line Adjustment (LLA) and Lot Split Review $250.00 2) Subdivision Review Fees (PPL), (PPLA) - a, Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping and any other appurtenant cost of construction b, Subdivision Inspection Fee 2.25 % of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction c, Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for frrst sheet, $75.00 for each additional sheet d. Subdivisions - 3rd and subsequent additional reviews - $500.00 e, Subdivisions - Substantial deviations from approval construction documents $SOO~OO 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat (FP) $1,000.00 plus $5.00 per acre (or fraction thereof) for residential, $1000.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) CDES Financial Administration, rev 10/27/05 ms1 page 5 1 ON ~I 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25 % of probable water and/or sewer construction costs a, 3rd and subsequent re-submittals - $500.00 9) Water and Sewer Facilities Construction Inspection Fee 2.25% of probable water and/or sewer construction costs 10) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PPL, PPLA, PSP, CNSTR or Final Plat Review Fee (FP), 11) Administrative Amendment $250.00 H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per residential dwelling unit or accessory structure to residential dwelling unit (single or duplex only), charged at time of building permit issuance, 2) Re-inspection Fees: 151 re-inspection $75.00, 2nd re-inspection $100.00, 3rd and thereafter re- inspection $125.00 I) TEMPORARY USE PERMITS 1) Beach Events Permits- a, Individual Permit $100.00 b, Block of 25 calendar days $2,250.00 c, Block of 50 calendar days $4,500.00 d. Block of 75 calendar days $6,750.00 e. Block of 100 calendar days $9,000.00 f, Block of 125 calendar days $11,250,00 g, Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & EVents. $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development, Mobile home, Agricultural Zoning, and Temporary use for "Coming Soon" sign $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment, $100.00 7) Renewals or extensions requested after the expiration date $200.00 CDES Financial Administration, rev 10/27/05 IDS1 page 6 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits, $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 10) Fees for Temporary Use permits issued After the Fact, ATF: 2x normal fee J) WELL PERMITSIINSPECTIONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $50.00 4) Well permit (construction, repair, or combined construction and abandonment at one site) $300.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor/test well to a production well) $75.00 7) Well Reinspections a, First Reinspection $75.00 b, Second Reinspection $100.00 c. Third Reinspection $150.00 8) After the fact well permits 4x nonnal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule, K) ZONING/LAND USE PETITIONS 1) Pre-application meeting fee $500.00 (to be credited toward application fee upon submittal.) a, Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees, b, Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. c, Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required, 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Permit $4,000.00 ($1,500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DR! Review (In addition to cost of rezone) $10,000.00 plus $25.00 an acre (ör fraction thereof) 8) DRI/DO Amendment $6,000.00 plus $25.00 per acre (or fraction thereof). The acreage charge does not apply for amendments which only change the build-out date of the DO for a time period of less than five years. 9) DRIABN - DR! Abandonment $1,500.00 10) Flood Variance Petition $1000.00 CDES Financial Administration, rev 10/27/05 msl page 7 lON\ 11) Interim Agriculture Use Petition $350.00 12) Non-Conforming Use Change/Alteration $1,500.00 13)Parking Exemption $1,500.00 14) Parking Reduction (Administrative) $500.00 15) Rezone Petition (pUD to PUD): $8,000.00 plus $25.00 an acre (or fraction thereof) 16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (petitioner to pay this amount prior to advertisement of petition) 17) Planned Unit Development Amendments (substantial) $6,000 plus $25.00 an acre (or fraction thereof) 18) Planned Unit Development Amendment (Insubstantial) $1500.00 19) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or fraction thereof) 20) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof) 21) Street Name Change (platted) $500.00 plus $1.00 for each property owner requiring notification of proposed street name change, 22) Un-platted street name or project name change: $100.00 per application fee plus $50.00 per additional hour or partial hour of research required to process application, not to exceed $500. 23) Variance petition: $2,000.00 residential, $5,000.00 non- residential 24) Variance (Administrative) $1,000,00 25) Zoning Certificate: Residential: $50.00, Commercial:$125.00 26) PUD Extension - Sun Setting: $1000.00 27) Sign Variance Petition: $2000.00 28) Stewardship Receiving Area Petition (SRA): $7000.00 per SRA plus $25.00 per acre for. Stewardship Sending Area Petition (SSA): $9,500.00 29) After-the-Fact ZoninglLand Use Petitions 2x the normal petition fee 30) Land Use Petition Continuances a. Requested after petition has been advertised $500.00 b, Requested at the meeting $750.00 c, Resultant additional required advertising charged in addition to continuance fees. 31) PUD Monitoring (one-time charge at time of building permit pick-up) a. $75.00 per dwelling unit for residential construction within a PUD, ($3,000.00 maximum fee per building permit application) b. $0.10 per square foot for non-residential construction within a PUD, ($2,000.00 maximum fee per building permit application) 32) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs, CDES reserves the right to charge an estimated amount with the initially required CDES Financial Administration, rev 10/27/05 msl page 8 project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project, 33) Administrative Review (minor changes to PUD Master Plan) $1,000.00 L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports shall be copied at actual cost, 4) Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour, 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 7)CD Burning: $1.00, floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Photocopies of documents less than l1x17 inches: No Charge for fIrst 5 copies of one sided, two sided, other sizes at cost of production, 6th and subsequent photocopies of documents less than l1x17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production, a. CertifIed copy of public record $1.00 each. 10) Property NotifIcation Address Listing: a, MS Excel spreadsheet on Disc $70.00 b, Print out on Paper $75.00 + $0.05 for every record over 1500 c. Mailing Labels $80.00 + $0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500 11) Comprehensive Plan Consistency Review a, CU's $300.00 b, Rezonings $750.00 c, Pud's or PUD Amendments: $2250.00 d, Letter of GMP consistency to outside agencies: $250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) ProjectMeetings: Active applications under review for the following project types will be afforded one inter- departmental meeting at no charge: Planned Unit Development re-zonings and Site Development Plan applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests for all other application types and additional meetings will be subject to the following fees: a, Meetings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress, $150.00 per one hour minimum, $75.00 per ~ hour thereafter. CDES Financial Administration, rev 10/27/05 IDSl page 9 1 .. Additional Department staff attending meeting per applicant request $75.00 per ;'2 hour per staff member. b, Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per Y2 hour thereafter, 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000,00 maximum) b. Building permit applications requiring COA process review not covered Wlder 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a, Standard Response $100.00 (includes up to 1 hour research) b, Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP Amendment a. Small Scale $9000.00 b, General $16,700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions, d. Pre-application meetings for GMP consistency for development orders and zoninglland use petitions: $250 e. Pre-application meetings for GMP amendment petitions: $250 (to be credited toward application fee upon submittal) 19) Application for issuance TDR, $250 (non-refundable);plus $25 per TDR issued and recorded (total fees not to exceed $2750) 20) Engineering Services a) Vacation of Easements: $1,000 21) Building Board of Adjustments and Appeals $250.00 22) Early Work Authorization (EW A) permit: $500.00 (does not include site clearing fee), M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building pernùt, The pernùt application fee shalI be collected when the plans are submitted for review, The fee shall be applied toward the total permit fee, The applicant shalI forfeit the application fee if the application is denied or if the application is approved and the pernùt is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended, 2) Application fee will be computed as follows: a. Single family and duplex $.05 per sq ft with minimum of $100.00 CDES rmancial Administration, rev 10/27/05 IllS1 page 10 10 b, Multi-Family & Commercial $.05 per sq it up to 10,000 sq it, $.025 for over 10,000 sq, it, 3) Maximum application fee shall NOT exceed $5,000.00. 4) Minimum fee of $50.00 for each of the following: plumbing; mechanical (AlC); electrical; fITe; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00, 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit B), whichever is greater. Valuation of construction costs of less than $750.00- No permit or fee is required, but construction must comply with all County Codes and Ordinances, If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No, 2002-01, as amended, a. Valuation of construction costs of $750,00 through $4,999,99 - With one or no inspections $50.00, With multiple inspections $100.00 b, Valuation of construction costs of $5,000.00 through $49,999,99 - With one or no inspections - $30.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000,00, With multiple inspections - $80.00 plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000,00, c, Valuation of construction costs of $50,000,00 through $1,000,000,00 - $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d, Valuation of construction costs over $1,000,000.00 - $2800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00, 0) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a, $0.40 per ampere rating of all single-phase panel boards, b. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply, c, When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere, d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities, e. The minimum for any electrical permit shall be $50.00 per unit or tenant space, CDES Financial Administration, rev 10/27/05 msl page 11 I f. Fifty percent (50 %) in additional fee costsUshall be ádded to all above fees for three phase installations, EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a penmt. Repairs must comply with all County Codes and Ordinances, If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nomesidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap, 3) The cost for retrofit piping shall be computed at the minimum fee of $50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution, 5) The minimum plumbing permit fee shall be $50.00. Q) MECHA~CAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies, a. Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning, Each additional ton or part thereof shall be $3.00 per ton. b, Nomesidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $50.00 for the frrst 3 horsepower and $3.00 for each additional horsepower, whichever is greater. CDES Fmancial Administration, rev 10/27/05 ms1 page 12 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater, R) FIRE PREVENTION AND CONTROL PERMIT FEES I) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fIre districts. S) MOBILE HOMFJOFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable, 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fIre protection fees as applicable. T)CHICKEESANDS~ILARSTRUCTURES 1) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution, Additional permit fees for electric, plumbing, mechanical, fIre, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be - a, Valuation of construction costs of up to $4,999,99. $100.00 b, Valuation of construction costs of $5000,00 through $49,999,99: $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000,00. c, Valuation of construction costs of $50,000.00 through $1,000,000,00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00, d, Valuation of construction costs over $1,000,000,00: $3,474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000,00, 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a, Screen Roof, $2.00 per sq, ft. of floor area, (Screen Walls Only) b, Pan Roof, $3.00 per sq. ft, of floor area, (Screen Walls Only) c, Existing Roof. $2.00 per sq, ft, offloor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution, CDES Financial Administration, rev 10/27/05 ms1 page 13 1 W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00, 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each, Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00, 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County, The following are required for as-built drawings review: a, An itemized list of all changes made after permit plan approval, b. As-built plans that have all changes made after permit plan approval "clouded". c, As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans, $75.00 c, Third & subsequent correction to plans, $100.00 Z) PERMIT EXTENSION 1) The ftling fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CDES Financial Administration, rev 10/27/05 ms1 page 14 ION '. CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of $120.00 shall be assessed for all inspections on a time specified basis. 3) First Partial inspection for single-family & tenant buildout. No charge 4) Second & subsequent partial inspections for single-family & tenant buildout, $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of $75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1,000.00 for permits costing $250.00 and less, The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount, The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity, $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors, $10.00 d, Pictures, $2.00 e, Laminating $1.00 (per license) f. Fee for a 6 month temporary contractor's license during a BCC declared emergency $25.00 GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason, 1llI) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00, This fee includes the issuance of a new permit card, II) PERMIT FEE REFUNDS 1) Ifrequested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. CDES Financial Administration, rev 10/27/05 msl page 15 tON JJ)RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COpy FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 11x17 inches: $0.15 other sizes at cost of production, f, Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g, Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8,5 inches $0.15 per page inclusive of sales tax, LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour, MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year, The subscription year is from Oct. 1 through Sept. 30, NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amouxit of 3 % of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b, Annual Renewal - $20.00 c, Late Fee - $10.00 per day 2) Rental Inspection a, Rental Inspection - $200.00 per unit b. Re-inspection Fee - $50.00 per re-inspection PP) CERTIFICATE TO BOARD BUILDING 1) IDitial Boarding Certificate - $0 2) Boarding Certificate Extension - $150 CDES Financial Administration, rev 10/z:J/05 ms1 page 16 tON QQ) ADDITIONAL FEE REFUND PROVISIONS 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. RR) REFUND PROVISIONS 1) PAYMENT OF FEES: Full payment of fees is required for a complete application, Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void, At this point, a new application and full payment of fees will be required to proceed with a project, 2) There will be no refund of Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees, 3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. SS) ADDITIONAL FEE PROVISIONS 1) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives, Such alternative must be in writing and signed by all principals involved. In no case shall final C,O, or such certifications of project completeness be issued until payments due CDES are received in full. 2) All hourly fees are computed and charged from actual Divisional time tracking records. 3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre, 4) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff. TT) PUBLIC VEHICLE FOR IllRE FEES 1) The following fees shall be assessed for the Public Vehicle for Hire Program: a, Initial Application fee (new Companies) - $200 b. Certificate to Operate - $250 c. Vehicle Decal - $50 per vehicle d, Temporary Vehicle Decal - $5 per vehicle CDES Financial Administration, rev 10/27/05 IDS1 page 17 10 ~I e. Driver Identification Card - $50 per driver f, Replacement Identification Card - $10 per card g, On-site Vehicle Permitting - $15 per vehicle UU)''PA YMENT IN LIEU OF" FEE FOR PA THW A YS (SIDEWALKS, AND BIKE LANES) 1) Calculated using the current Florida Department of Transportation (FDOT) construction costs or an engineering estimate not to exceed twenty-five percent (25%) of the submitted application request's total project cost. This is the last page of the CDES Fee Schedule CDES Financial Administration, rev 10/27/05 ms1 page 18 lON, f c t~~ B .,. c ø ø 'K t y ø _!liif_. ATTACHMENT B STRIKE-THROUGHS AND UNDERLINES COLLIER COUNTY ENVIRONMENTAL COMMUNITY DEVELOPMENT AND SERVICES FEE SCHEDULE Bee Proposed version, October 27, 2005 Contents: A) ADMINIS1RATION ...,.......,..........,..........,.........,................,..,.."..,......,.,..........."'..,......,....,......................."....,..............',,,....,..,....,..,.",.",.....",..,.2 . B) BLASTING PERMITS & INSPECTION ..,..,....",.....,.....,.....'"...".....,..,'..,.......,...,.........'"..,..,..,.,...,......."".........,..,........"...,.........,.......,..",........,.. 2 C) ENVIRONMENTAULANDSCAPING ....,......,..',...,..',........",..'""""".,..,....""..',..,.."........",.......,.."..,..'"...."""".,..""....",..",..............,..."...,..... 3 D) EXCAVATION PERMITS,...................,..""...............,......,..,....",..,.,.......,.."......"......,..'...........,..........,...",..,......',................."........,..,,........"......, 3 E) FIRE CODE REVIEW FEES ...,...",....,..,...,..,..............,..",......'""..,........'..,..,..,..",.....",......."..".."......,......",'..,'..",'..'"",..,....""..,,..,..........,......,.., 4 F) SITE DEVELOPMENT PLANS ...............,....,......"".."....,..,..",..,...".....".,......,..,......',..,..,.,'......,......"......."..",...,..............".."",.."....,.....,....,......., 4 G) SUBDIVISION ..'..'....,""',..,..,....,...."......"....,',..".."..".....,........,"..,..""".....,..'"",....",.."",.."..""................."....,....,..,..,...."".".........,......,..,........., 5 II) ENGINEERING INSPECTION FEES ............."....,..",..........."",....,....".......".".,.."....,..,,,'......,.".,........,.......,........,..........."........,....,.......,..,......,.. 6 I) TEMPORARY USE PERMITS ..........."......................,............."....."......"........"......,',..,'.....................'..."..',..,....,....,......"..".......,..,.....,........,..".... 6 J) WELL PERMITSIINSPECTIONS"..,....,....,...."......,...,..".......",.....,..........,..........."..',......,..""........,.....,.,..,.......""....,..,...,....'..,......".."..""....,......, 7 K) ZONING/LAND USE PETITIONS,...,....,..,.."....,.............,.."..,..",....".........".........."..,.."......"..,......"...,......,..,.."....,..........' ,..,.............., ,., ....."" 7-8 L) MISCEI.LANEOUS,..,..",............,......,..,....,.......,....",......".....,...",..,..""......"..'........,..,..".......,..',.."....,'....,..,......,...,",....,........,..,.................,,'....', 9 M) BUIlDING PERMIT APPLICATION FEE ,......,........,.."..,..,......",..'"....,..,.,..".."..,..".........."""..',..,..."........',......,....,.."..,..,....,........"........".... 10 N) BUIlDING PERMIT FEES ,.......,..,......,..,.......,......,...."........"...".......,.....,..,..,...."..,..,.........'",'..........,..,..".........,..'.......,...."".....",..........'.......,.. 11 0) ElECTRICAL PERMIT FEES .."..........,..,..,'......"""".......,...........,.....,..",..,..',..,..,........,..,..,..'",...,...,..,....,.........".....,...."".."...,..........,.............. 11 P) PLUMBING PERMIT FEES,.........."......".....,...."......",..""......""..,....,..,..,..,.."..",...."""..,..,..."..",..,...."..."""..'......,.,......,.,,....,..........,..'....,...... 12 Q) MECHANICAL PERMIT FEES ............,..,.....,..........................",.."..,......."..."........."".,..,....,..,...................."......,..,..',......"..,..,........,........'....,.. 12 R) FIRE PREVENTION AND CONTROL PERMIT FEES..........."..".....,.."...,...."........,..........,..,......,..,....,.."..,....,....,..,...................,.......,......",..... 13 S) MOBILE HOME/OFFICE TRAILER AND OTIIER TRAll.ER PERMIT FEES ........................................................................................,........., 13 1') CIllCKEES AND SIM:ILAR STRUCTURES..,....,.,.,....,.....,..."".......".."..,..""...,....,...."........'",....',...............,....,......,,'.....,..'.......,.......,........,..... 13 U) POOL OR SPA PERMIT FEES....,............",.."..,..,....,........,..,.."............"",..,.................,...."...,......',............",........""..,....,..",..,..........,.."....'...., 13 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ..........................................................,...............................,......,......,............,..........,....,.. 13 W) SIGN PERMIT FEES ....,..',....,..........."......,............,....'..........'"..".........",..,'......,........,..,..,....,..".."....""..,..'..",....'""...............,.................,......, 14 X) CONVENIENCE PERMIT FEES.............."".......,.......,.........,......"......,.......,........,..""...........,...."..,.."..,............,..""......'..,.."..,........,.....,.."....... 14 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ..............,..................................,..............................,..........,14 . Z) PERMIT EXTENSION ,............,..,..,..........,........,.....,............."",..........,....'..,..',....,............',..,......,..",......,....,....,.."..,..,.......,....,........,...........,.....,14 AA) DEMOLITION OF BUIlDING OR STRUCTURE PERMIT FEES,......,.....".....,...."..",.....,.."..",..",......,.....,....,........."....,...........",..,...........,,14 BB) PRE-MOVING INSPECTION FEES ,.......,..........'.................,.."..",..........,..............'..........."..,,.."......,....,......,....,.."........................,....,......"....15 CC) INSPECTION FEES..,......,.."",.............,....,..............,..,..,....,..",..,.."..,........",'......,..............,......'"...,..,....,....",......".."......,....,............,..............15 DD) REINSPECTION FEES ................"........"............",..",....,......'...,..".,......,..""........,'...,..,..",..,...."....""..""..,.................,.."',....,,....,...."..,......." 15 EE) FAILURE TO OBTAIN A PERMIT ......"...........,..,...,....""..,..,..."..',........'"..,..,..,'..,..,.......,..."..",...."......,...."".................."......,....,..,...........",15 FF) LICENSING ........"'........,..............".....,..,.................""............,....,,...............,........,..,..,....,.......,..",...."....",..."",..".....,,..", .,..,..................."..,...., 15 GG) DUPUCATE PERMIT CARDS .........,....,..........,...,..........,.......",....,..........,....,..,...,....,"........""......",.............,........."....."......,.......,.."....."...'" 15 IllI) CHANGE OF CONTRACTOR OR SUBCONTRACTORS .,..,............"....,..,'......,..."",........,......................,..,........",......,..............,.."............,15 II) PERMIT FEE REFUNDS ...,........'......,..,..,............,..'.............."......"....,..............,.........,......,........"..........,...............,...........,..".......,....",......,.....,15 JJ)-RECORD RETRIEV AL..,.......,............."..,..............".."'........".."""....,....,..",..,..,.........,..,.......,..,'......................,.......,..,.,...............,....",............, 16 KK) COPY FEES.........".........,....,........,..,..,..,......"..,..."........,......"..".........,..,....'..,..",.."............,.....',.......".............,.."..,..,....,"..,........".....,...,......... 16 LL) RESEARCH ............,...........".."........"...."....,........,.....,....,......,",..,.,........,......,'.......,.......,..,......,.......,..,......"....".......,..,......',".............".."....".., 16 MM) SUBSCRIPTION SERVICE.".........,....,.....,.,..,..,'.',..,..............."....,....................'..,...,......,..,............,..,'......""'....,.............,...,,.............,'.........." 16 NN) ELECTRONIC DATA CONVERSION SURCHARGE......,..",.........."".......,..,.."...,....,.....,.....,......,....,........,..,.........,.......,......................,........16 00) REGISTRATION OF RENTAL DWEUlNGS ......"'...'"..........."",....'...."...,,..,...,..,........,....,..,....................,....,...............,............,.....,...."......16 PP) CERTIFICATE TO BOARD BllLING..........,.."....,........,......"..,......,.."..,......,....,....,........,..,..,....,..."..,...."....,.....,........."........,.............,..........,17 QQ) ADDmONAL FEE REFUND PROVISIONS ............,........,..,'............,..,.........,......,......,....,...........".."..,,........,.......,..........,............................,17 RR) REFUND PROVISIONS""",.""",..",....,."""".""..".."""""."".."",..,..".",..."",.......".".""..",..""",.."" ,.."..."""... 17 SS) .ADDmONAL FEE PROVISIONS."""",..",..".",..".."",....""""..""."".."".""".,.",."..."",......",..""""..,..."",.."" ....' 17 TJ) PUBUC VEHICLE FOR HIRE FEES,.. ........,...... ............... ...." ........... ....... ...... ...........' ...... ....,.... ,..........' ........, ........... ..,17 UU) "PAYMENT IN LIEU OF' FEE FORPATIIWAYS (SIDEWALKS, AND BIKE LANES).............................................................. .18 Proposed fee or wording changes - Underlined Previous fee or wording being changed - Strike-through Established Fees -- Bold CDES Financial Administration, rev 10/27/05 IDSI page 1 tON FEES ARE ESTABliSHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS, ANY QUESTIONS CONCERNING THE APPliCABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPliCABLE. WHERE AS PART OF A REZONING, PLAT OR SIMILAR APPliCATION TYPE, THE BOARD OF COUNTY COMMISSIONERS DIRECTS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE STANDARD TYPE OF APPROVAL PROCESSES REQUIRED, THE DIRECTOR OF THE APPROPRIATE DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET THE BOARDS REQUIREMENTS. THE APPliCABLE FEES SHALL BE THOSE WHICH MOST CLOSELY RESEMBLE THOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING AND THE LIKE. A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staffhours: Less than 20 hours $1,500.00, 20 to 40 hours $3,000.00, more than 40 hours $5,000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during site development plan review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3,000.00 6) Appeal of an Administrative Decision (as may be provided for in the Comer County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Comer County Administrative Code or the LDC), $1,000.00 (non-refundable) B) BLASTING PERMITS & INSPECTION 1) 30 day permit fee, non-refundable payable upon application. $250.00 2) 90 day permit fee, non-refundable payable upon application. $600.00 3 ) Yearly permit fee, non-refundable payable upon application. $1,500.00 4) Renewal permit fee, non-refundable payable upon application, $200.00 5) After-the-fact fee, due to blasting without a permit. $10,000.00 6) Fine fee, per detonated shot with after-the-fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts, Upon completion, fees will be adjusted to reflect actual number of blasts, . CDES Financial Administration, rev 10/27/05 IDSl page 2 ION J1 C) ENVIRONMENTAL/LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 2) Agricultural Land Clearing a. Land Clearing Notification $250.00 b, Land Clearing Permit $250.00 each additional acre or fraction of an acre, $50.00 ($3,000.00 maximum) 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (EIS) $2,500.00 for 1st submittal and 2nd submittal if applicable, 3rd submittal $1,000.00, 4th and subsequent submittals $500.00 each, 5) Landscape Re-inspection 1 st $50.00, 2nd $75.00, every inspection afterward $100.00 6) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be waived for public and non- profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 7) Beach Nourishment Permits - $400 8) Special Treatment Review a, First five acres or less. $400.00 b. Each additional acre, or fraction thereof, $50.00 ($5,000.00 Maximum) 9) Coastal Construction Setback Line (CCSL): a, CCSL Permits $400.00 b. Variance - Petition. $1000.00 10) Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b, Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 11) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum) 12) After-the-fact Environmental or Landscape Permits a, CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits, 4x normal fee D) EXCAVATION PERMITS 1) Annual Renewal. $300.00 2) Application (private). $400.00 3) Application (Commercial). $2,000.00 4) Application (Development), $400.00 5) $150.00 per inspection paid in advance for 12 months 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Review Fee: $200.00 first 5000 cy, plus $10.00 per additiona11000 cy with a maximum of $20,000,00 8) Time Extension. $150.00 plus $200.00 per month inspection fee CDES Financial Administration, rev l0/27 /05 msl page 3 tON 9) After-the-fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDP A - Site Development Plan, Amendment $150.00 c. SDPI - Site Development Plan, Insubstantial $100.00 d. SIP - Site Improvement Plan $150.00 e, SIPI - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. PSP A - Preliminary Subdivision Plans, Amendment $100.00 h, PPL - Plans & Plat, Subdivision $100.00 1. FP - Final Plat $100.00 j. CONSTR - Construction Plans, SubdivisionlUtilities $100.00 k. ICP - Construction Plans, Insubstantial $100.00 1. DR! - Development of Regional Impact $200.00 m. DOA - Development Order, Amendment $150.00 n. PUDZ - Planned Unit Development, Rezone $150.00 o. PUDA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development, Insubstantial $100.00 q. RZ - Rezone, Regular Zoning $100.00 r, CU - Conditional Use $150.00 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per DIU b. plus $100.00 per residential building structure; c, plus $.10 per square foot for non-residential except that structures designed exclusively for parking (parking garages) shall be calculated at $.05 per square foot. d. plus $200.00 per building for non-residential. e. Additional fees for 3rd review $1,000.00, 4th review $1,500.00, 5th review $2,000.00, 6th and subsequent reviews $2,500.00 2) Pre-application fee. $500.00 (to be credited toward application fee upon submittal,) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. . c, Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sheet submitted, b. Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 5) Site Development Plan Conceptual Review $750.00 CDES Financial Administration, rev 10/27/05 IDSl page 4 tON 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction b. Construction Inspection 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction 9) Site Development Plan Amendment (SDP A) $2,500.00, a. Plus $40.00 per DIU plus $100.00 per residential building structure b. plus $.10 per square foot c. plus $200.00 per building for non-residential d. Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 10) SBRFees a) Pre-Acquisition Meeting $500.00 (no refunds or credits) b) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) c) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staff hours 11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP application fee 12) Request for alternative architectural design $500.00, no separate or additional fee for appeals to, or requests for assistance from, the Architectural Arbitration Board, G) SUBDIVISION I) Lot Line Adjustment (LLA) and Lot Split Review $250. 2) Subdivision Review Fees (PPL), (PPLA) - a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping and any other appurtenant cost of construction b. Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction c. Construction Document Rèsubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 for each additional sheet d. Subdivisions - 3rd and subsequent additional reviews - $500.00 e, Subdivisions - Substantial deviations from approval construction documents $500.00 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $5.00 per acre (or ftaction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat (FP) $1,000.00 plus $5.00 per acre (or fraction-thereof) for residential, $1000.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) CDES Financial Administration, rev 10/27/05 msl page 5 iON'. 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs a. 3rd and subsequent re-submittals - $500.00 9) Water and Sewer Facilities Construction Inspection Fee 2.25% of probable water and/or sewer construction costs 10) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PPL, PPLA, PSP, CNSTR or Final Plat Review Fee (FP). 11) Administrative Amendment $250.00 H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per residential dwelling unit or accessory structure to residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: Istre-inspection $75.00, 2nd re-inspection $100.00, 3rd and thereafter re- inspection $125.00 I) TEMPORARY USE PERMITS I) Beach Events Permits- a. Individual Permit $100.00 b, Block of 25 calendar days $2,250.00 c, Block of 50 calendar days $4,500.00 d, Block of75 calendar days $6,750.00 e. Block of 100 calendar days $9,000.00 f, Block of 125 calendar days $11,250.00 g. Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & Events, $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development, Mobile home, Agricultural Zoning, and Temporary use for "Coming Soon" sign $125.00 5) Residential and Non-Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $100.00 7) Renewals or extensions requested after the expiration date $200.00 CDES Financial Administration, rev 10/27/05 msl page 6 ~ 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 10) Fees for Temporary Use permits issued After the Fact. ATF: 2x normal fee J) WELL PERMITSJINSPECTIONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $50.00 4) Well permit (construction, repair, or combined construction and abandonment at one site) $300.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor/test well to a production well) $75.00 7) Well Reinspections a. First Reinspection $75.00 b. Second Reinspection $100.00 c. Third Reinspection $150.00 8) After the fact well permits 4x normal fee per violation. NOTE: Multiple wells may be allowed on one permit. but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre-application meeting fee $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Permit $4,000.00 ($1,500.00) when ftIled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DR! Review (In addition to cost of rezone) $10,000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/DO Amendment $6,000.00 plus $25.00 per acre (or fraction thereof). The acreage charge does not apply for amendments which only change the build-out date of the DO for a time period of less than five years, 9) DRlABN - DR! Abandonment $1,500.00 10) Flood Variance Petition $1000.00 CDES Financial Administration, rev 10/27/05 IDS1 page 7 lON 11) Interim Agriculture Use Petition $350.00 12) Non-Conforming Use Change/Alteration $1,500.00 13)Parking Exemption $1,500.00 14) Parking Reduction (Administrative) $500.00 15) Rezone Petition (PUD to PUD): $8,000.00 plus $25.00 an acre (or fraction thereof) 16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (petitioner to pay this amount prior to advertisement of petition) 17) Planned Unit Development Amendments (substantial) $6,000 plus $25.00 an acre (or fraction thereof) 18) Planned Unit Development Amendment (Insubstantial) $1500.00 19) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or fraction thereof) 20) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof) 21) Street Name Change (platted) $500.00 plus $1.00 for each property owner requiring notification of proposed street name change, 22) Un-platted street name or project name change: $100.00 per application fee plus $50,00 per additional hour or partial hour of research required to process application, not to exceed $500. 23) Variance petition: $2,000.00 residential, $5,000.00 non- residential 24) Variance (Administrative) $1,000.00 25) Zoning Certificate: Residential: $50.00, Commercial:$125.00 26) PUD Extension - Sun Setting: $1000.00 27) Sign Variance Petition: $2000.00 28) Stewardsbip Receiving Area Petition (SRA): $7000.00 per SRA plus $25.00 per acre for. Stewardship Sending Area Petition (SSA): $9,500.00 29) After-the-Fact Zoning/Land Use Petitions 2x the normal petition fee 30) Land Use Petition Continuances a. Requested after petition has been advertised $500.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. 31) PUD Monitoring Fee (one-time charge at time of building permit pick-up) a. $75.00 per dwelling unit for residential construction within a PUD, ($3,000.00 maximum fee per building permit application) b. $0.10 per square foot for non-residential construction commercial or industrial construction within a PUD, ($2,000,00 maximum fee per building permit application) 32) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required CDES Financial Administration, rev 1 0/27/05 IDSl page 8 10 project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 33) Administrative Review (minor changes to PUD Master Plan) $1,000.00 L) MISCELLANEOUS I) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports shall be copied at actual cost. $.50 as set forth in Resolution 98-498, as amended. 4) Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 7)CD Burning: $1.00, floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Photocopies of documents less than 11xl7 inches: No Charge for first 5 copies of one sided, two sided, other sizes at cost of production. 6th and subsequent photocopies of documents less than 11x17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc $70.00 b, Print out on Paper $75.00 + $0.05 for every record over 1500 c. Mailing Labels $80.00 + $0.06 for every record over 1500 d Print out on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 d. Letter of GMP consistency to outside agencies: $250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings: Active applications under review for the following project types will be afforded one inter- departmental meeting at no charge: Planned Unit Development re-zonings and Site Development Plan applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests for all other application types and additional meetings will be subject to the following fees: CDES Financial Administration, rev 10/27/05 IDSI page 9 10N a. Meetings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress, $150.00 per one hour minimum, $75.00 per 'Iz hour thereafter. Additional Department staff attending meeting per applicant request $75.00 per 'Iz hour per staff member. b. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per 'Iz hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Conímnation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP Amendment a. Small Scale $9000.00 b. General $16,700.00 c, Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. d. Pre-application meetings for GMP consistency for development orders and zoning/land use petitions: $250 e. Pre-application meetings for GMP amendment petitions: $250 (to be credited toward application fee upon submittal) 19) Application for issuance TDR, $250 (non-refundable);plus $25 perTDR issued and recorded (total fees not to exceed $2750) 20) Engineering Services a) Vacation of Easements: $1,000 21) Building Board of Adjustments and Appeals $250.00 22) Early Work Authorization (EW A) permit: $500.00 (does not include site clearing fee). M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6,1.1 of the Collier County Ordinance No. 91-56, as amended. CDES Financial Administration, rev 10/27/05 IDSI page 10 tON 2) Application fee will be computed as follows: a. Single family and duplex $.05 per sq ft with minimum of$100.00 b. Multi-Family & Commercial $.05 per sq ft up to 10,000 sq ft, $.025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $5,000.00, 4) Minimum fee of$50.00 for each of the following: plumbing; mechanical (AlC); electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit B), whichever is greater. Valuation of construction costs ofless than $750.00- No permit or fee is required, but construction must comply with all County Codes and Ordinances, If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. .SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No, 2002-01, as amended. a, Valuation of construction costs of$750,OO through $4,999,99 - With one or no inspections $50.00, With multiple inspections $100.00 b, Valuation of construction costs of$5,000.00 through $49,999.99- With one or no inspections - $30.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $80.00 plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of$2,000.00. c, Valuation of construction costs of $50,000.00 through $1,000,000.00 - $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d, Valuation of construction costs over $1,000,000.00 - $2,800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000,00. 0) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. $0.40 per ampere rating of all single-phase panel boards. b. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. CDES FiDancial Administration, rev 10/27/05 IDS! page 11 tON e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations, EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of$3.00 per 425 square feet offioor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of$50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of $50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies, a, Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b, Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof, 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 CDES Financial Administration, rev 10/27/05 msl page 12 10 -J per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES I) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBll..E HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable, 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CmCKEES AND SIMll..AR STRUCTURES 1) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc" will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be- a. Valuation of construction costs of up to'$4,999.99. $100.00 b. Valuation of construction costs of$5000.00 through $49,999.99: $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of$2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of$50,000.00. d. Valuation of construction costs over $1,000,000.00: $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of$I,OOO,OOO.OO. 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) CDES Financial Administration, rev 10/27/05 ms1 page 13 .... 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution, W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00, 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00, Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS I) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded" . c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans. $75.00 c, Third & subsequent correction to plans, $100.00 . Z) PERMIT EXTENSION I) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. CDES F:mancial Administration, rev 1 0/27/05 IDSl page 14 ... ~,i BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of$120.00 shall be assessed for all inspections on a time specified basis. 3) First Partial inspection for single-family & tenant buildout. No charge 4) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of $75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re-inspection, EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1,000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person ITom fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or ITom any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters ofRecíprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) f. Fee for a 6 month temporary contractor's license during a BCe declared emergencv $25.00 GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. IT) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees CDES Financial Administration. rev 10/27/05 msl page 15 r ,,~, charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. JJ)RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 1lx17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour, MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of 3 % of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, wí1l be applied to every building permit application submitted. A flat fee of $3.00 per permit wí1l be charged for those permits for which an application fee is not required per item (M) of this Schedule. 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee - $10.00 per day 2) Rental Inspection a. Rental Inspection - $200.00 per unit b. Re-inspection Fee - $50.00 per re-inspection CDES Financial Administration, rev 10/27/05 ms! page 16 tON PP) CERTIFICATE TO BOARD BUll.DING I) Initial Boarding Certificate - $0 2) Boarding Certificate Extension - $150 QQ) ADDITIONAL FEE REFUND PROVISIONS I) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. RR) REFUND PROVISIONS I) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days ftom such notification, there will be no refund of submitted fees, 3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. SS) ADDITIONAL FEE PROVISIONS I) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications ofproject completeness be issued until payments due CDES are received in full, 2) All hourly fees are computed and charged from actual Divisional time tracking records. 3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 4) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff, TT) PUBLIC VEmCLE FOR HIRE FEES CDES Financial Administration, rev 10/27/05 ms1 page 17 1 1) The following fees shall be assessed for the Public Vehicle for Hire Program: a. Initial Application fee (new Companies) - $200 b. Certificate to Operate - $250 c, Vehicle Decal - $50 per vehicle d. Temporary Vehicle Decal - $5 per vehicle e. Driver Identification Card - $50 per driver f. Replacement Identification Card - $10 per card g, On-site Vehicle Permitting - $15 per vehicle UU)"PAYMENTINLIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES) 1) Calculated using the current Florida Department of Transportation (FDOT) construction costs or an engineering estimate not to exceed twenty-five percent (25%) of the submitted application request's total project cost. This is the last page of the CDES Fee Schedule CDES Financial Administration, rev 10/27/05 msl page 18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 128 Print on pink paper. AHadl to original document Original documt'nls should hc hand ddi\'crl;d to the Hoard Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken ac;tion on the item.) ROUTING SLIP Complete routing lines #] through #4 as appropriate for additional signatures, dates. and/or information needed, If the document is already complete with the , f C' . d r h h . r #] h h #4 I h h kr d f d S Fir #5 exceptIOn 0 the halrman's sIgnature, raw a . me t rougl routmg. Illes t rougr , complete t e c ec 1st, an orwar to ue 1 son ( me ). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCC has actrd to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached \ Phone Number . (U:~ ,-i Agenda Item Number Yes (Initial) N/ A (Not A licable) \ i. I \ . ( ( ) .\ ( / \ I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 224.05 ,'''i {I \ Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 1\ (I C.') (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. MEMORANDUM Date: March 31, 2006 To: Nancy Bradley, Legal Assistant Office of the County Attorney From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Settlement Agreement Enclosed please find one (1) original documents as referenced above, Agenda Item #12B, as approved by the Board of County Commissioners on Tuesday, November 1, 2005. The Minutes and Records Department has kept an original document for public record, and a copy has been provided to the Finance Department. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (1) 1 "'") n. ~7.,j .:, ;'-. 12 ~-'." . , ,~"".;f . u SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement") is made and entered into this h+ day of November, 2005, between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND BOARD AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to collectively as "County"), UNITED ENGINEERING CORPORA TION ("UEC"), and NA TIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, P.A. ("National") (all parties to this Agreement are collectively referred to as the "Parties"); WHEREAS, County initiated a lawsuit against UEC and National in the Circuit Court of the Twelfth Judicial Circuit in and for Collier County, Florida, Case No. 04-3363-CA, captioned Collier County v. United Engineering Corporation, et ai.; and WHEREAS, UEC initiated a lawsuit against County in the Circuit Court of the Twelfth Judicial Circuit in and for Collier County, Florida, Case No. 04-3698 CA, captioned United Engineering Corp v. Collier County; and WHEREAS, the Circuit Court of the Twelfth Judicial Circuit in and for Collier County, Florida consolidated the above-referenced Case No. 04-3698 CA with Case No. 04-3363-CA (Case No. 04-3698 CA with Case No. 04-3363-CA, as consolidated, shall be referred to as the "Lawsuit"); and WHEREAS, the Parties' claims against one another in the Lawsuit anse from a construction project commonly known as the South Collier WTP, 8 MOD RO Expansion (the "Project"); and TPA#2101840.5 "JB . .. ~ ~ fP ; ~._ t.... WHEREAS, the Parties deny liability to one another for any and all claims alleged in the Lawsuit; and WHEREAS, the Parties to this Agreement wish to fully settle and resolve all existing and potential disputes pertaining to the claims and allegations made in the Lawsuit; NOW, THEREFORE, in consideration of each and all of the mutual covenants, promises and considerations set forth herein, the sufficiency of which is hereby acknowledged by the Parties, the Parties do hereby agree as follows: 1. Incorporation by reference. The Parties agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses," by reference into this Agreement as though fully rewritten herein. 2. Non-admission of liability. lt is understood and agreed that this Agreement is the compromise of disputed claims, and that any payment made hereunder is not to be construed as an admission of liability, fault or responsibility as to any claims or allegations on the part of any party, which liability is and has been expressly denied. 3. Settlement Payment. In consideration of the releases set forth below, UEC agrees to make payment to County of One Million Eight Hundred Thousand Dollars ($1,800,000.00) within twenty (20) business days of the execution of this Agreement by County. 4. Releases. a. County. County, on behalf of its Board of Commissioners, and its past, present and future Commissioners, attorneys, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in interest, and assigns of all of them, upon satisfactory receipt of the Settlement Payment outlined in Paragraph 3 and the clearance of all drafts, notes or TPA#2108320.1 2 128 other currency comprising the Settlement Payment, shall release and forever discharge UEC and National, their predecessors, successors and/or assigns, affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, and members from any and all claims of whatever nature or description, whether now known or arising in the future, and whether arising from contract, indemnity, warranty, express or implied, in contract or tort, relating to the Lawsuit, and the claims asserted or that could be asserted therein, except as otherwise excepted in Paragraph 5 below. b. DEe. UEC, on behalf of itself, its predecessors, successors and/or assIgns, affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, members, and all who claim through them, hereby releases and forever discharges County, its Board of Commissioners, and its past, present and future Commissioners, attorneys, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in interest, and assigns of all of them, from any and all claims of whatever nature or description, whether now known or arising in the future, and whether arising from contract, indemnity, warranty, express or implied, in contract or tort, relating to the Lawsuit or the Project, and the claims asserted or that could be asserted therein, with the exception of any recovery pursuant to the assigned claims addressed in paragraph 6 below. c. National. National, on behalf of itself, its predecessors, successors and/or assigns, affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, members, and all who claim through them, hereby releases and forever discharges County, its Board of Commissioners, and its past, present and future Commissioners, attorneys, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in TPA#2108320.1 3 12" interest, and assigns of all of them, from any and all claims of whatever nature or description, whether now known or arising in the future, and whether arising from contract, indemnity, warranty, express or implied, in contract or tort, relating to the Lawsuit or the Project, and the claims asserted or that could be asserted therein. 5. Claims Excepted From Release. The Parties hereby acknowledge and agree that County reserves all rights against UEC with respect to claims and/or potential claims arising from latent defects existing in, or warranties applicable to, the Project. 6. DEC 's Claims Against M & E. UEC acknowledges and covenants that. upon direction from County, it shall immediately release and dismiss any and all claims against Metcalf & Eddy arising from or relating to the Project. However, to the extent that the County pursues claims against Metcalf & Eddy ("M&E") related to the Project, UEC agrees to assign its claims against M&E to the County, and the County may pursue those claims in conjunction with its own. The County shall pay UEC one-half of any monies recovered on UEC's claims, net of any fees, costs or expenses solely related to the pursuit of UEC's claims. County shall retain complete discretion with respect to the settlement of its claims against M&E, including UEC's assigned c1aim(s). 7. Dismissal of Litigation With Prejudice. The Parties shall stipulate to the dismissal of the Lawsuit, in the form attached hereto as Exhibit I, dismissing with prejudice all claims and counterclaims in the Lawsuit. The dismissal shall be filed by County within twenty (20) business days of the execution of this Agreement. The Parties further acknowledge that this Agreement is subj ect to the continuing jurisdiction of the Court. 8. V oluntary Execution/Role of Legal Counsel. The Parties acknowledge that this Agreement is freely and voluntarily executed after they have been apprised of all relevant information concerning the Agreement and that they have had the opportunity to consult with and TPA#2108320.1 4 ~:...) ~... receive the advice of counsel in entering into this Agreement. In executing this Agreement, the Parties acknowledge that they do not rely on any inducements, promises, or representations other than those contained herein. In this regard, the Parties acknowledge that this Agreement is the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is to be construed against any of the Parties based upon a claim that one of the Parties drafted the Agreement, or that the language of the Agreement was intended to favor one of the Parties. 9. Governing law. This Agreement shall be deemed to have been made and to be performed, and shall be interpreted, construed and enforced, in accordance with the laws of the State of Florida. 10. Multiple Counterparts. This Agreement may be executed by the Parties In identical counterparts, which, taken together, shall constitute a complete original. 11. Complete Agreement. The Parties acknowledge that in deciding to execute this Agreement and then in executing this Agreement, they have not relied upon any agreement, statement or representation that is not specifically set forth herein, that this Agreement contains the entire agreement between the Parties hereto regarding the resolution of their disputes, and that the terms of the Agreement are contractual and not mere recitals. 12. Modifications. This Agreement cannot be amended, modified or amplified except by agreement and written document, which is signed by all Parties hereto. No oral statement made by any person shall operate to modify this Agreement in any manner or otherwise affect its terms and provisions. TP A#2 108320.1 5 128 13. Severability. In the event that any term or provision of this Agreement is deemed unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed enforceable and in effect. 14. Enforceability. This Agreement is effective upon the date it is approved by the Board of County Commissioners of Collier County, Florida, and as the Ex-Officio the Governing Board of the Collier County Water-Sewer District. 15. Non-waiver. The failure of either party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of any such provisions. 16. Authority to Bind. The signatories hereto each warrant and represent that they have the requisite authority to enter into this Agreement on behalf ofthe respective party. IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on the date(s) set forth below. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND BOARD AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY W A TER- SEWER DISTRICT B~~~ DEPUTY CLERK Attest 4. to Ch.fMlla . s f9rLl~IH\.\ on,lI By: '~'-~...~JL w C Fred W. Coyle, CHAIRMA Item # (26 I l-f-d ( Agenda Date TPA#2108320 I 6 'f~F:SZS' ~ ~ 10 '. 7u t La "1u' ~i!J. Al~/}t iLl jf,~ lie/II Printed Name ~.~\ " '. , ') (r'/)GC)'SG "/~/ +~.\ rn T=Xx~X)/) Printed Name WI~. .' E SESc_ -4[, ?/ \'fJ"i,) Ik/k'f'" ~ Printed Name I /L "1:ytl' _... ... ) I. '-.- ~(1'l'ltf/ /. "f Prin d Name AP~;g~~:;:;encY Michael W. Pettit Chief Assistant County Attorney TPA#2108320 I UNITED ENGINEERING CORPORA nON By: ./ " ~ '. // 'L' ) I. I / _{".~/. '- .....c.. ~...'- (.__._... ~ NAME AND TITLE 12 NA TIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, P.A r / k" By: 7~f~~~N6 TI;c~tL-c) 7 MEMORANDUM Date: November 03,2005 To: John Houldsworth, Senior Engineer Engineering Services Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolutions 2005-369 through 2005-375 Enclosed please find one copy of each document as referenced above (Agenda Items #16Al through 16A5, 16A7 and 16A8), approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please feel free to contact me at 732-2646 ext. 7240 Thank you. Enclosures 16~~ : ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 /1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Print on pink paperTA~~1 ~~~~c~~S:?g~'~d~~m~t~~~b~~~~~~~e~t~ t~~o~~ ~~cY.~~o~~~e~~L~~!tbiA 1 documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing Jines # I through #4 as appropriate for additional signatures, dates, and/or information needed, Ifthe document is already complete with the h exception of the Chairman's signature, draw a line through routing lines #1 throug! #4, complete the checklist, and torward to Sue Filson (line #5), Route to Addressee(s) Office Initia]s Date (List in routing order) 1. 0d/nd /r ¡dO-. }.1~L tJ. (J' ¡j "'7 ~ /J cIr77 I /) ky,,2ð/Ó .. - ¿ U 2, ( \ / 3, V 4, //~ 5. Sue Filson, Exeji'utive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 5 (The primary contact is the hoJder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statftor additional or missing in formation, All original docmnents needing the BCC Chairman's signature are to be deli vered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1 i~/1f. Hou é>r I /~ Phone Number ..:5 7 :51 / ¿~/Í' I I Yes (Initial) N/A (Not A licable) .~ Agenda Item Number /1 // / /()/-1 /) ,/( / I,(¡C. I., { J'"..... /' iJ / ¡J Ii L. N/A is not an option for line 6, 1: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26.05, Revised 2,24,05 l~ /::/ :5(~, /ð~./ Number of Original Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with lhe exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, reso]utions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and C]erk lo the Board and os sib] State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other aTties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some conlracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to TaIJahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licabie. 2, 3, 4, 5, 6, 16Al"j RESOLUTION NO, 05-369 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN VENEZIA GRANDE ESTATES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSffiILITY FOR THE ROADW A Y AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE VENEZIA GRANDE ESTATES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 28,2003 approved the plat of Venezia Grande Estates for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Venezia Grande Estates 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 and drainage improvements that are not required to be maintained by the Venezia Grande Estates Homeowner's Association, , :&pis Resolutio~ adopted after motion, second and majority vote favoring same, this I day of ¡{¿'\¿PII>t::'.ì--- ,2005, ,\\;l\HUHUu",_ DATE' .\.\ -"v., '.,:, . ,10.' 'i';' :r.-'...",.,.¡ ff', "/,1, '..... '~.~ ·'t· .'/ ATTES1>" ", ......, i~,... '~ DWIciHt Ê',',BROci:'q;i:~RK ~ ',", .".... .,..; ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '-1_ 1\ W, ~ By: ¡U-/,L FRED W. COYLE, CH AN ~: :::.:~~.:,." ,""~';;"'>'.~: . A~':"~~:~J~~n'" s19natur~ ~~l,~"'" Approved as to form and legal sufficiency: Agenda Date , l.DA , \ \--t -OS , \-3·0:' ~(l~~b Jennifer A, B I dlO Assistant Collier County Attorney Item # ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ð , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO · ' · THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents shou1d be hand delivered to the Board Oflice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or intormation needed. If the document is already complete with the exception ofthe Chainnan's signature, draw a line throul!h routinl! lines #1 through #4, comolete the checklist, and torward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. tJ d/ÎI ¿J 7' ~ ¿tL (!'¡}ý5 /1 I ~/,L )~ If 4fr) 1/) " / /Ô .../.Þ'/¿ 2, \ / \ I 3. ,X 4, / \. I I 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office " \ '-../ (The primary contact is the holder of the original document pending Bce approval. Normally the pri mary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff tor additional or missing infonnation, All original documents needing the BeC Chairman's signature are to be delivered to the Bee otÌÌce only after the Bee has acted to approve the item, Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Origina] Documents Attached Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is Yes NI A (Not appropriate, (Initial) Applicable) 1. Original document has been signedlinitialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney, This includes signature pages from ordinances, ,$ t' ' resolutions, etc, signed by the County Attorney's Office and signature pages from ¡~l- contracts, agreements, etc, that have been fully executed by all parties except the BCC / Chairman and Clerk to the Board and possibly State Officials.) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's /¡í'7 Office and all other parties except the BCC Chairman and the Clerk to the Board /v '/1 3, The Chairman's signature line date has been entered as the date ofBCC approval of the ¡JÆ' /' document or the final negotiated contract date whichever is applicable, (j. .t:. e- 4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's J»:'{ e-' signature and initials are required, / .' 5, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BeC office within 24 hours of BCC approval. ' f.L- Some documents are time sensitive and require forwarding to Tallahassee within a certain /[{!. time frame or the BCe's actions are nullified, Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the chanl!es, if auulicable. Jìne 6, INSTRUCTIONS & CHECKLIST I: Fonns! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9,03,04. Revised 126,05, Revised 2,24.05 lbA2· RESOLUTION NO. 05- 370 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN KENSINGTON PARK, PHASE FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADW A Y AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINT AINED BY THE KENSINGTON PARK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 28, 1998 approved the plat of Kensington Park, Phase Four for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No, 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Kensington Park, Phase Four 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 and drainage improvements that are not required to be maintained by the Kensington Park Homeowner's Association. !fis Resoluti n adopted after motion, second and majority vote favoring same, this I day of (; Veø1 h>~r ,2005, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ....). I,,'~:.- ;\. ~ . -.. ' ·,.t.to~~1,.aA I Ii I fgn4tûi-f;a~!i~"'" Approved as to form and legal sufficiency: J~~e~ Assistant Collier County Attorney By: ~w.(~ FRED W, COYLE, CH fiN Item # It,A2- 1/-I-D5 -05 :k Agenda Date Dak~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING sL1rb A 3 · j TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Ot1ice. The completed routing slip and original documents are to be forwarded to the Board Office only .!!1kr the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or intonnation needed. If the document is already complete with the exce tion of the Chainnan's si nature, draw a line throu h routin lines #1 throu h #4, corn lete the checklist, and torward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin order) (The primary contact is the holder of the original document pending BCe approval. NonnaJly the primary contact is the person who created/prepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact statT tor additional or missing infonnation, AJI original documents needing the Bee ehainnan's signature are to be delivered to the Bee office only atìer the BeC has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Documenl Attached 1. "j t1/rJ ¿l.r tl iff} 7:5 ~I ) . /f ¿_]'.-¡'--O)) I /ì ;Íd-é £t:L 2, / ~/6 ( 3 3, 4, 5, Sue Filson, Executive Manager Board of County Commissioners /¿jl Yes (Jnitial) N/A (Not A licable) 6. Minutes and Records Clerk of Court's Office /J[l.. f IJ /1 ';if- ..0' li ¡C. i /UL.. N/A is not an option for line 6, J: Fonns/ County Fonns/ Bee Fonns/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26,05, Revised 2,24,05 PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2, 3, 4, 5, 6, 1:6~·== RESOLUTION NO, 05- 371 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN KENSINGTON GARDENS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSffiILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE KENSINGTON PARK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 18, 1997 approved the plat of Kensington Gardens for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Kensington Gardens 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 and drainage improvements that are not required to be maintained by the Kensington Park Homeowner's Association, . This Resolutir adopted after motion, second and majority vote favoring same, this ¡..s± day of /l)ðI!Qfltb.zt("' ,2005. DATE: A TTEST:",~'i"""h""",,, ,1. ,~_ 'I W <~: :\t~ .. .'.' -~ .' '-, '. ~ .. --. ,,~~, &{, <" \ '.(, '. . . 0 è1.' ,,~ ...., ""'^ -"\' ',. r.::. " _ ; attøt IS' ..Jmn·s . '~', 't'·.....1.,; .~~, .. ,') .. )' Jlqn~ ur~r.L.UK .,1/(';''' ,.' ',".':~.: ,!.\::.. ....... ;',~;j.\~/ Approved'~s" ~!tU~,ðÌÌd legal sufficiency:' .. '0" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: M-tA), C ~ FRED W. COYLE, CHA~AN- o unty Attorney Item # Jl.ø A- ~ ,to, , . 1- 05 ~ De uly Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16¡ A 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents SllOUld be hand delivered to the Board Oftice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing Jines #1 through #4 as appropriate for additional signatures, dates, and/or infcmnation needed, If the document is already complete with the exception of the Chairman's signature, draw a line throuQ.h routing lines # 1 throuQ.h #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. =~~ Ä 4dJ}~1' / I /,'~[(_ / aJi; ;. 0,/ c iJ/1l ,¡ Î (L CL-- (!O ¿' "'"~ -..;;;..) 2. ¿ ./ / 3, V /\ 4, II \ 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office '-5 (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff tor additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC oftice only after the BCe has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Documenl Attached PRIMARY CONTACT INFORMATION / (--~ I I C~7''- /7/ çN~ /'-':1$ ?e.>b, / ¿" ~,¡ ',-.. I,;. t; -? 1~ ( _, one Number y/ .:/ 1 Agenda Item Number /4::>/J / I ¿')/l Number of Original Documents Attached I Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate, (Initial) Applicable) 1. Original document has been signedlinitialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, I}¡L- - resolutions, etc, signed by the County Attorney's Office and signature pages from I contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's ~ /J Office and all other parties except the BCC Chairman and the Clerk to the Board "'I 3, The Chairman's signature line date has been entered as the date ofBCC approval of the / J'L document or the final negotiated contract date whichever is applicable, -1'b _" 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's I signature and initials are required, M-L-- 5, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ¡j¿c Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! " 6, The document was approved by the BCC on (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document, The an option for County Attorney's Office has reviewed the chane:es, if applicable. line 6. INSTRUCTIONS & CHECKLIST !: Forms! County Fonns! Bee Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1,26.05, Revised 2,24.05 'ì 6Â4'~~ RESOLUTION NO. 05- 372 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN SABAL BAY COMMERCIAL PLAT - PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THA T ARE NOT REQUIRED TO BE MAINTAINED BY THE SABAL BA Y PROPERTY-OWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 13, 2004 approved the plat of Sabal Bay Commercial Plat - Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Sabal Bay Commercial Plat _ Phase Two 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 and drainage improvements that are not required to be maintained by the Sabal Bay Property-owner's Association, this 1ltis Resolution adopted after motion, second and majority vote favoring same, / day of ^ (, ~ c/Jlh,y ,2005, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . j:::: .;.... '~..\"f .>//1_ .;. ~ '.-,~ - f,gø8~. ".œ::", f_o, s . t~·ft.nl:;':~i'·· :,,~, ,- , .... ~ .",,' ......"1.,. ,\\" ': '-":) '...~,. -:"",,.,., .. "¡~;" ')J',f, '·-.',"r~ . .~",.. ,,,,",, " iÇ ~ "''-,': .....,~........._ .i .,' " Appt~~~S!ió.fami·~~iegal ff¡ . ". ~'. L'lH~"IQ\~ .' su lClencY;)\t""'~'. "", .. .. I , , ~ ; . I. ¡ I, ¡. ~ ~ ' By: F~O~E'[~AÑ It3111 # Jf.&,A î J enm er A. Belpedi Assistant Collier Cou Agenda JL'-.....~ Date ..LL.:.J.:J.l? , J r~ª·05 '¡,. µ'- ~ ~. ~' [ 1k "~ I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b ~ 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ol1ìce, The completed routing sJip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin Jines # I throu h #4, com lete the checklist, and forward to Sue Filson line #5), Office Initials Date (The primary contact is the holder ofthe original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the item, Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1. 4ttL ¿ 0 ¿.:5 /lç~-y--y) r /J , t.f{-.- 2, 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners .5 7.57 s- 6. Minutes and Records Clerk of Court's Office I Yes (Initial) NI A (Not A licable) PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached /1/.1 ~ I If ( cr-"L--/ 1 JJ/ JJ ( N/A is not an option for line 6, I: Forms/ County Forms/ Bec Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26,05, Revised 2,24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Offìce and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. 2. 3, 4, 5, 6, 16AS ~ . RESOLUTION NO. 05-.3..1.3... RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADW A Y AND DRAINAGE IMPROVEMENTS IN KENSINGTON PARK, PHASE THREE-C, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADW A Y AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE KENSINGTON PARK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 3, 1998 approved the plat of Kensington Park, Phase Three-C for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No, 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Kensington Park, Phase Three- C 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 and drainage improvements that are not required to be maintained by the Kensington Park Homeowner's Association. this Tßis Resolutiop adopted after motion, second and majority vote favoring same, (, day of "'C'.~c~}¡bq- ,2005, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '~l" ERKf\ 111 &f ~O"...· " ~ ~,'::" ,\./,;', '.:.~-::.' '~.. ":. i,¡;. -: _ ) ',. ~ ,J. .,' \ ". _~ _' .-.. ......' ,'tð,..·~ån·S ~t~~'·._", ~,Jn;,." S 1,n,ature9,.JP; .'~- \ ~ '," ",". ...,,;J..Je,<>.'. Approvédà~ t()Jon~( . egal .. -':)A; -;~;jo"\ ~f:'"1'~'~_' suffIcIency:' '¡ , g¡;:.,. ~C~..~ ~~~r' >" ~er A. Belpedl Assistant Collier Coun y Attorney By: '1u;L W, (~~ FRED W. COYLE, CHAIßMAÑ Item # I(,A S ^,é':'r~a _~l-I:º_-? 1\-3-~ Daic~ I 16A6 J CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this j t-c.l day of A \ R. \ L 2006, between Stock Development, LLC a Florida limited liability company hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Cottesmore. B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: A 57 unit multi family residential subdivision on 21.18 acres which includes Roadwork, Storm Drainage, Sanitary Sewer, Potable Water, Irrigation, Earthwork, Street Lighting, Permanent Reference Monument and Landscape Buffering within eighteen (18) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision perfonnance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $2,754,125.67 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been Page 1 of3 16A6 furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision perfonnance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause Page 2 of3 16A6 to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account ofthe failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caus,ed this Agreement to be executed by their duly authorized representatives this B day of/i-;,).A '/ 2006. SIGNED IN THE PRESENCE OF: STOCK DEVELOPMEN/1:.~ aFIOridalimi~~liab@ ~ o // __ leo!" By: ic resident 1 ence of Authority ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~.> -:;;:J---:? ____ Frank Halas, Chainnan By:" .( . 'of.;: , ':'.j ," ,tyClerk , Ittt,' nd... '~t"", , ..... Oftllf I Approve;Fas fot'orm and legal sufficiency: BY: Jeff E. :3t , )Xssistant County Attorney Approved Fonn - JAK - February 2006 Page 3 of3 COTTESMORE 16A6 BID FORM I>ROJECT IDENTIFICATION: Cottesmore CONTRACT IDENTIFICATION AND NUMBER: Cottesmore THIS BID IS SUBMITTED TO: STOCK DEVELOPMENT, LLC 450 I Tamiami Trail North Suite 300 Naples, FL 34103 Phone: 239-592-7344 Fax: 239-592-7541 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in the Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the term and condition of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. 16A6 D. Bidder has carefully studied all: (1) repOlts of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bickler, including applying the specific means, methods, techniques, sequences and procedures of construction expressly required by the Bidding Documents to be employed by Bickler and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware ofthe general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder hCj.s correlated the information known to Bidder, information and observations obtained form visits to the Site, reports and drawing identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted, Bidder further represent that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid: Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): NO. ITEM UNIT ESTIMATED UNIT PRICE QUANTITY TOTAL ESTIMATED PRICE REFERENCE ATTACHED BID SCHEDULE TOTAL OF ALL ESTIMATED PRICES $ 2,503,750.61 16A6 Unit Prices have been computed in accordance with paragraph] 1.03B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents, 6.01 Bidder agrees that the Work: Will be substantially complete within 180 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions within 120 calendar days after the date when the Contract Times commence to run. 6.02 Bidder acceljts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of the Bid: A. Required Bid security in the amount of 5% of Bidder's maximum Bid price and in the form of a celtified or bank check or a Bid Bond [ on the form attached ] issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions; B. A tabulation of Subcontractors, Suppliers [ and other] individuals and entities identified in the Bid; required to be C. Required Bidder qualifications statement with supporting data; and D. Florida Trench Safety Act Compliance Statement. ( Florida Statues Title XXXIII, Ch. 553, Pmt VI) Statement form Bidder shall include a reference to the trench safety standards that will be in effect during the period of construction of the project, written assurance by the Bidder performing the trench excavation that Bidder will comply with the applicable trench safety standards, and a separate item identifying the cost of compliance with the applicable trench safety standards. The separate item identifying the cost of compliance with trench safety standards shall be based on the linear feet of trench to be excavated. The separate item for special shoring requirements, if any, shall be based on the square feet of shoring used. Every separate item shall indicate the specific method of compliance as well as the cost of that method. 8.01 The terms used in the Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Submitted on November 29,2005. County Contractor License No; 19051, 16A6 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 5022235 KNOW ALL PERSONS BY THESE PRESENTS: that Stock Development, LLC 4501 Tamiami Trail N. Suite 300 Naples, FL 34103 (hereinafter referred to as "Owner" and Bond Safeguard Insurance Company, 1919 S. Highland Ave., Bldg. A-Ste. 300, Lombard, IL 60148 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Two Million Seven Hundred Fifty Four Thousand One Hundred Twenty Five and 67/100 Dollars ($2,754,125.67) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBUGA TION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Cottesmore (Utilities and Infrastructure to Support 57 Single Family Units) and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension oftime, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land 16A6 Development Regulations. The term "Amendment," wherever used in this Bond and whether referring to this Bond or other documents, shall include any alteration, addition, or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be Executed this 7th day of June, 2006. each signature Principal: Stock Development, LLC ~ By: -, , 4/ ') Surety: Bond Safeguard Insurance Company -k~ k:k~~ By: r;)~ c;( ft~~ WitnZ;:~ ./ f/~'-' Dawn L. Morgan, Attome -in-Fact Ck, . . /&~ License#P011322 Witness: "-"" ~~ 2 POWER OF ATTORNEY Bond Safeguard AO lL6A 6 INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: _~~h~ILS~e~~,.~mes I~~1oore, Christine Woods, Irene Diaz, ___~~on~e Kruse, Stephen T. Kazmer. ~aw~!:-,Morg~Il,~eggy Fa~t-,- ~e~~_A. Jacobs, E~~ne Ma~cus. Jennifer ~~Comb~elissa Schll!~ its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behaif as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond, This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute ~n behalf of the COI:npanY,any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ ,800,000,00 Two Mlllton Eight Hundred Thousand Dollars which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company, IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001, BOND SAFEGUARD INSURANCE COMPANY BY w~~ David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E, Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation, "OFFICIAL SEAL" LYDIAJ. DEJONG Notary Public, State of Illinois My Commission Expires 1/12/07 =5~ J fU/? Lydia J. Dejong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy. is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 7 th Day of .Tune ,20__06 (jjdJ Y)I 13ad~ Donald D. Buchanan Secretary 16A6 State of Illinois } } ss, County of Dupage } On June 7, 2006, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Dawn Morgan known to me to be Attorney-in-Fact of Bond Safequard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he/she duly acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above, My Commission Expires 4/23/2009 tijU-~ /}I~ Elaine Marcus, Notary Public OFFICIAl SEAL ELAtNE MARCUS NOTARY PUaIC. STATE OF UJ<<)I8 tI'i CCMlSItON ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ollice. The completed routing slip and original documents are to be forwarded to the Board Oftìce only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, ¡fthe document is already complete with the exception of the Chairn1an's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. ~) /J;..Æ..-. (l!J ¿[ /(Jd/-é. ~~ d01d.,rð '. 'J 7' <.) /!e:h.,;» ~ rl /;¡¿} '\ 2, \ / 3, Æ 4, / \ / " 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact inforn1ation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing inforn1ation, All original documents needing the BCC Chainnan's signature are to be delivered to the BCC ot1ice only after the BCC has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached PRIMARY CONTACT INFORMATION I II r-~,.<./~d":z~ CTz} 7-1 / hone Number <-- Agenda Item Number ¿ 7 ;) 7 Number of Original Documents Attached 7.:r / N/A (Not A licable) ¿fr/) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-lhrough and revisions have been initialed by the County Attorney's Office and aJI other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Jicable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to TaJIahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. l;[L ¡í ,9 /1 ¡;..L. /UI '~!/oL- ¡() /) N/A is not an option for line 6, I: FOrn1s! County Fonns! BCC Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26,05, Revised 2.24,05 2, 3, 4, 5, 6, loA, Ó> JÏ RESOLUTION NO. 05- 374 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADW A Y AND DRAINAGE IMPROVEMENTS IN W ATERW A YS OF NAPLES, UNIT ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSffiILITY FOR THE ROADW A Y AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE WATERWAYS OF NAPLES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 10, 1996 approved the plat of Waterways of Naples Unit One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No, 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Waterways of Naples Unit One 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 and drainage improvements that are not required to be maintained by the Waterways of Naples Homeowner's Association, this TWs Resolu~ adopted after motion, second and majority vote favoring same, /'5 day of ðVe~þ¿)r ,2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~ : ';:.. ... ' , ttfst;... tô~t~._· If~ur.~,IÙi.t..:.,' '..~JII/IfMf S i< ~ ......,,,, ,.'" Approveti~'£ó'r~~\~nd legal sufficiency: '~J '..,:~ LE~~ By: F~O~,C~ ~ ~ . OJ 16~7 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 5019241 KNOW ALL PERSONS BY THESE PRESENTS: that Long Bay Partners, LLC 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 (hereinafter referred to as "Owner" and Bond Safeguard Insurance Company, 1919 S. Highland Ave., Bldg. A-Ste. 300, Lombard, IL 60148 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Six Hundred Ninety One Thousand Seven Hundred Forty Eight and 21/100 Dollars ($691,748.21) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, Owner and Surety are used for singular or plural, as the context requires, THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Mediterra Parcel 117 (Water, Sewer, Drainage, Paving and Landscape) and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"), This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"), NOW, THEREFORE, ifthe Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements, PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land loA? Development Regulations, The term "Amendment," wherever used in this Bond and whether referring to this Bond or other documents, shall include any alteration, addition, or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be Executed this 30th day of September, 2005, Note: 2 witnesses for each signature ~r~G-L{cA . ~~ Witness: <J ) 1 "~;1 JX \.. ...~/ ,~U{d¿JtL \. VJ;m{{)/;1j WItness·: Principal: L,gng Bay Partners, LLC A Florida Limited Liability Company / e--:/ --;/?' By: /..-'.--. /' H~ey R. chestag, Vice Presi Secretary/Treasurer of Bonita Bay Properties, Inc, Managing Member of Long Bay Partners LLC 9990 Coconut Road Suite 200 Bonita Springs, FL 34135 2 POWER OF ATTORNEY Bond Safeguard AO 3745'olóA 7 INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, illinois, does hereby constitute and appoint: . , , I D' Michael J, Scheer, James I. Moore, ChriStine Woods, rene laz, Bonnie Kruse, Stephen T, Kazmer, Dawn L, Morgan, ·Peggy Faust, Kelly A, Jacobs, Elaine Marcus, Jennifer J, McComb, Melissa Schmidt its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond, This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1 ,000,000,00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto, Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company, Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney, Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company, IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001, BOND SAFEGUARD INSURANCE COMPANY BY r:P~~ David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E, Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MICHELE KOLLER Notary Public. State of illinois My Commission Expires 08128107 µ~~ Michele Koller Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force, Signed and Sealed at Lombard, Illinois this 30th Dayof September ,20--º1> (jJ~ ø, ~ Donald D, Buchanan Secretary 16A7 ST ATE OF ILLINOIS } } S.S. COUNTY OF DUP AGE} On September 30, 2005, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore, known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above, My COjission Expires on June 15, 2006 ~l~~. ·NO~~~~ .. .. .. ~C~ /..It~""",^<,j'VV"h"(.~,{\MA.~ "!YY' ~ ". ) ..............,,-t ,'\ l "'.... \ ' .; .; Ur~-Î\".r\ ~C.}..'\L ~ <¡. K:¡-' L'" A 'tI. r'...·....'... S . ,::J... J vl-" "'~....)'.)t_"''' : '2; ,!07.ð.IlY ?uaLlc. STiH:: cr- ;",..:.;\.. ' , " ;.W ';'::"t!1:-':!LSION EXP;~U:~~;¡J.~f'i' ';:3 . "f'; ,'·l'...",I'",~V""\·V·"t''''\i'~~\/'''t~/vv 1I·';tr·,,,,:··.,·./...,,~ ,.." 16A7 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this -2fL day of September, 2005 between Long Bay Partners LLC, by Bonita Bay Properties, Inc. Its Managing Member, hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board," RECIT ALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Mediterra Parcel 117 (Verona) B. Section 10,02,04 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements, NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1, Developer will cause to be constructed: Paving, drainage, water lines and accessories, sanitary sewer, and landscaping, within -(é,- months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements, 2, Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$691,748.32 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements, 4, The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished for review and approval by the Development 16A7- Services Director for compliance with the Collier County Land Development Code, 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements ofthis Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security, The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County, 7, Six (6) months after the execution of this Agreement, and once within every six (6) months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, and upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein, The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, 16A7 either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the tenns, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of September, 2005.. _6~ y~ Long Bay Partners LLC By: Bonita Bay Properties, Inc, Its: Managing Member B~~'~ J M, Gleeso Vice Presldent SIGNED IN THE PRESENCE OF: Print Name ¿tJ/YN/.c /,!//A/N¿'s ~~ Print Name' . eS ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By ~W" ~ ft2.E.ò \V. ~'f( F - , Chainnan By: , =: p~ ütxHlerk> :'j ~ =sJ "Ii p"~ ~¡....... , .~. cn-.1.~ Approv~d.:~·!q-tq~:1nd legal sufficiency: ". I' 'tj....1.·. ~C~~~~r=~~> JE R A. BELP DY Assistant County Attorney i ( B~Es~oc~~~ (' 16A7 PPL-2005-AR-7087 Project: 2004110064 Date: 5/12/05 REV: 2 DUE: 5/26/05 www.barraco.net Land Surveyors and Consultants ENGINEER'S OPINION OF PROBABLE COST for the construction of Mediterra Parcel 117 Collier County January 2005 (Revžsed May 2005) ITEM NO. DESCRIPTION I. PAVING AND DRAINAGE 110-1 Clearing and Grubbing 120-6 Embankment 120-11 Finish Grading 160-1 Type "B" Stabilization (12") 200-1 Limerock Base w /Prime Coat (8") 331-72-10 Paver Brick 400-2 18" Endwall 400-3 24" Endwall 400-4 30" Endwall 400-4 36" Endwall 400-5 42" Endwall 430-1 15" RCP 430-2 18" RCP 430-3 24" RCP 430-4 30" RCP Storm Sewer 430-4 36" RCP 430-5 42" RCP 520-3 Valley Gutter (2' Wide) 520-3-3 Concrete Curb Type "A" 570-2 Seed, Fertilize and Mulch 575-1 Sodding 603-1 Street Lighting 700-1 Signing and Pavement Markings Setting PCp's & Monuments QUANTIIT UNIT UNIT PRICE AMOUNT 23.22 AC 2,500.00 58,050.00 4,713 CY 4·50 21,208,50 1 LS 1,500.00 1,500,00 8,598 SY 1.95 16,766.10 6,027 SY 5·75 34,655.25 6,027 SY 30.00 180,810,00 1 EA 1,250.00 1,250,00 2 EA 1,500.00 3,000,00 1 EA 1,100.00 1,100.00 2 EA 1,850.00 3,700.00 1 EA 1,800.00 1,800.00 24 LF 25·00 600.00 241 LF 28.00 6,748.00 537 LF 30.00 16,110,00 1,022 LF 32,00 32,704.00 531 LF 38.00 20,178.00 371 LF 44,00 16,324.00 4,805 LF 4·55 21,862.75 325 LF 8.50 2,762.50 3,000 SY 0-45 1,350,00 5,192 SY 1.75 9,086.00 1 LS 7,000.00 7,000.00 1 LS 650.00 650.00 1 LS 1,100.00 1,100.00 SUB-TOTAL 460,315.10 Page 1 of 2 21611 ( (, 16A7 ITEM NO. DESCRIPTION QUANfITY UNIT UNIT PRICE AMOUNT II. WATERLINE AND ACCESSORIES F. 6" Gate Valves with Boxes 2,488 LF 13.50 33,588.00 1 EA 1,900,00 1,900.00 1 EA 400,00 400.00 24 EA 350,00 8,400.00 2 EA 900,00 1,800,00 2 EA 700.00 1,400.00 SUB-TOTAL 47,488.00 A. 8" PVC Watermain (DR 18, CL. 150) B. Fire Hydrant Assembly C. Connection to Existing Watermain D. Water Service E. 8" Gate Valves with Boxes III. SANITARY SEWER A. 8" PVC Sewer (SDR 26) 2,094 LF 23.50 49,209,00 B. Sewer Manhole 9 EA 1,450.00 13,050,00 C. 6" Sewer Service 24 EA 450.00 10,800.00 SUB-TOTAL 73,059.00 IV. LANDSCAPE A. Landscape 1 LS 48,000.00 48,000.00 SUB-TOTAL 48,000.00 TOTAL $628,862.10 110% BOND TOTAL $691,748.31 Estimated Date of Completion: 04/05 Barraco and Associates, Inc. 2271 McGregor Boulevard P,O. Drawer 2800 Fort Myers, Florida 33902-2800 Certificate of Authorization No. 7995 ;~ II It I-- CarlA. Barraco, P.E. Florida P.E. No. 38536 For the Firm r-6 ~¿;/'- 21611 Page 2 of 2 'ill ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1. L A 8- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand deJivered to the Board Oftice, The completed routing sJip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the exce tion of the Chainnan's si ature, draw a Jine throu h routin Jines # I throu h #4, com lete the checkJist, and forward to Sue Filson (Jine #5), Office Initials Date 1. dt.tl/rJ dr-ô. Ivz-.Æ-. ~j} 2 --S ¡:/c/7rJ' II , .... .jxié / 2, (The primary contact is the holder ofthe original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation, All original documents needing the BCC Chaim1an's signature are to be deJivered to the BCC office only after the BCC has acted to approve the item, Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 3, 4, '. 5. Sue Filson, Executive Manager Board of County Commissioners Yes (Initial) N/A (Not A licable) 6. Minutes and Records Clerk of Court's Office ~»I ¡f/ f1 PRIMARY CONTACT INFORMATION Number of Original Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most 1etters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. fYV N/A is not an option for line 6, I: Fonns/ County Fonns/ Bce Fonns/ Original Documents Routing SJip WWS Original 9.03,04, Revised 1,26,05, Revised 2,24,05 2, 3, 4, 5, 6, 16A8 .... .... RESOLUTION NO, 05- 3 7 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN WATERWAYS OF NAPLES, UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE WATERWAYS OF NAPLES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 24, 1998 approved the plat ofWatezways of Naples Unit Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No, 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Watezways of Naples Unit Two 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 and drainage improvements that are not required to be maintained by the Watezways of Naples Homeowner's Association. this Tjis Resolution adopted after motion, second and majority vote favoring same, r day of ¡'/ove(l1 beA.~ ,2005, DATE: \', \111 II I if" III ATTES't:". 'U~t?J....'fllll ". .""'. _.~ -W',¡t .I.') , D'Y ~ ,<,r~~:BRQ~.J-çLERK~ ~. ~~ ... .. .. ..'~ \ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W r ~QC\ FREDW,COYLE:C~ f'c!"n'1a L",'" ~ \ , !' ty Attorney ----. ~--"'- 1 SA8 "'" , " CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this Zq.#f\ day of September, 2005 between Long Bay Partners LLC, by Bonita Bay Properties, Inc, Its Managing Member, hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Mediterra Parcel 118 (Corti Ie) B. Section 10,02,04 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements, NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: in ';,; Paving, drainage, water lines and accessories, sanitary sewer, and landscaping, within -~- months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements, 2, Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$612,379,63 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements, 4, The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished for review and approval by the Development l6AS Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County, 7, Six (6) months after the execution of this Agreement, and once within every six (6) months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director, The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as ofthe date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, and upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements, The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein, The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, 16A8 either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions ofthis Agreement. 9. All of the tenns, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer, IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this zq day of September, 2005. SIGNED IN THE PRESENCE OF: ~~~ Print Name Print Name Long Bay Partners LLC By: Bonita Bay Properties, Inc, Its: Managing Member Btr~~, ~ John M. Gleeson VIce PresIdent BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W. r~~ teED W . ~YLE- ~tl1n-: B' arrac£: and Associates, Inc. 16A8 www.barraco.net Civil Engineers, Land Surveyors and Consultants ( ~. « ENGINEER'S OPINION OF PROBABLE COST for the construction of Mediterra Parcel 118 Collier County January 2005 Revised May 2005 PPL.-2005-AR-7237 REV: 2 Project: 2004110069 Date: 5/17/05 DUE: 5/31/05 ITEM NO, DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT I. PAVING AND DRAINAGE 110-1 Clearing and Grubbing 14,00 AC 2,500.00 35,000.00 120-6 Embankment 6,100 CY 8.00 48,800.00 120-11 Finish Grading 1 LS 1,500.00 1,500.00 160-1 Type "B" Stabilization (12") 6,224 SY 2.00 12,448.00 200-1 Limerock Base w/Prime Coat (8") 5,389 SY 5.25 28,292.25 331-72-10 Paver Brick 5,389 SY 30.00 161,670.00 400-2 18" Endwall 1 EA 1,250.00 1,250.00 400-3 24" Endwall 2 EA 1,500.00 3,000.00 400-4 30" Endwall 2 EA 1,700.00 3,400.00 425-1 Valley Gutter Throat Inlet 6 EA 1,800.00 10,800.00 425-2 Type "c" Inlet 2 EA 1,400.00 2,800.00 425-3 Junction Box 2 EA 1,200,00 2,400.00 430-1 15" RCP 28 LF 25,00 700.00 430-2 18" RCP 498 LF 28.00 13,944·00 430-3 24" RCP 845 LF 30.00 25,350.00 430-5 30" RCP 245 LF 35·00 8,575·00 520-3 Valley Gutter (2' Wide) 3,756 LF 5·00 18,780,00 520-3-3 Concrete Curb Type "A" 550 LF 8,50 4,675,00 575-1 Sodding 1,920 SY 1.75 3,360,00 603-1 Street Lighting 1 LS 7,000,00 7,000.00 700-1 Signing and Pavement Markings 1 LS 650.00 650,00 Setting PCp's & Monuments 1 LS 1,100.00 1,100.00 SUB-TOTAL 395,494·25 21609 Page 1 of 2 ( lóA8 ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT II. WATERLINE AND ACCESSORIES A. 8" PVC Watermain (DR 18, CL. 150) B, Fire Hydrant Assembly 2,048 LF 13·50 27,648.00 4 EA 1,900,00 7,600.00 31 EA 350,00 10,850.00 2 EA 1,200,00 2,400.00 SUB-TOTAL 48,498.00 C. Water Service D. 8" Gate Valves with Boxes IV. SANITARY SEWER A. 8" PVC Sewer (SDR 26) 1,689 LF 23·50 39,691.50 B. Sewer Manhole 8 EA 1,450,00 11,600,00 C. 6" Sewer Service 31 EA 450.00 13,950,00 SUB-TOTAL 65,241.50 V. LANDSCAPING Landscaping 1 18 47,475.00 47,475,00 SUB-TOTAL TOTAL 47,475·00 $556,708.75 $612,379.63 110% BOND TOTAL Estimated Date of Completion: 07/05 (]),~/ JoJ Barraco and Associates, Inc. 2271 McGregor Boulevard P.O. Drawer 2800 Fort Myers, Florida 33902-2800 Certificate of Authorization No. 7995 fl fÎ þL- / Carl A. Barraco, P,E. ,5 -/3 '-()/- Florida P.E. No. 38536 For the Firm 21609 Page 2 of 2 lóA8 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 5019240 KNOW ALL PERSONS BY THESE PRESENTS: that Long Bay Partners, LLC 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 (hereinafter referred to as "Owner" and Bond Safeguard Insurance Company, 1919 S. Highland Ave., Bldg. A-Ste. 300, Lombard, IL 60148 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Six Hundred Twelve Thousand Three Hundred Seventy Nine and 63/100 Dollars ($612,379.63) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly by these presents, Owner and Surety are used for singular or plural, as the context requires, THE CONDITION OF TillS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Mediterra Parcel 118 (Water, Sewer, Drainage, Paving and Landscape) and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"), This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"), NOW, THEREFORE, if the Owner shall well, truly and faithfully perfoIm its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County ITom and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements, PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without fonnal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land EXHIBIT 1 i Æ 16A8 Development Regulations, The term "Amendment," wherever used in this Bond and whether referring to this Bond or other documents, shall include any alteration, addition, or modification of any character whatsoever, IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be Executed this 30th day of September, 2005. for each signature .~ / }/4íldlit~Lumtft:6 Witness: CW-t~ ~ ß~cj,-- Witness: Principal: Long Bay Partners, LLC A Florida Limited Liability Company By: RCP/TE Management LLC ~~ H Y R. <stag ~ Vice President of Finance, Secretary/Treas, Resource Conservation Properties, Inc, , r Insurance Compa~y' '. ,':~/; 'J " .) ~ I -',\ /,.. ,< -) ;-.; ~ .~ '\ -; ~;. : .:..l) ¡ ~ , '/ _I .\ ; j ~ ~':").; ¡.,.!, ... ;'-:-.J -. '1....\ ,"'." .. .: " .~ .' '1"'"1 ~ , .. .,'.,~:'~~' ,".~ 2 POWER OF ATTORNEY Bond Saf~guard AO 3744916 ~ t INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: . Michael J, Scheer, James 1. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T, Kazmer, Dawn L. Morgan, 'Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J, McComb, Melissa Schmidt its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond, This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execule on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000,00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto, Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularty elected officers of the Company, Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney, Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attomey granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company, IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001, BOND SAFEGUARD INSURANCE COMPANY BY rP~ David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E, Campbell to me known, who being duly swom, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation, "OFFICIAL SEAL" MICHELE KOLLER Notary Public, State of Illinois My Commission Expires 08128/07 #~~ Michele Koller Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force, Signed and Sealed at Lòmbard, Illinois this 30th Day of September ,20 05 (jJ~ ø, ~ Donald 0, Buchanan Secretary 16A8 STATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On September 30, 2005, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James 1. Moore, known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above, My Commission Expires on June 15,2006 ) / I .~~~ Not~ Pub" .. . ..">.~ "'~A.:,$; v,,·~~~\:"_·'\::""')'Ý':~';',·i·~~\.".AAI\1$\,"'_'- ~ r '''__" Í" 1 .o,! c:,:,' \..¡j-l ~ ~ "IJ . rhO' '"' 1...... '-~ -< !t.2LLY A.JÞ~C':;:::;j : '-:-j;.,\~:;Y Pt'3L~C, STi~ -::: ':':~'.; ,~.~!I 'Y CGr..:1.!f.SION Eì:,-/i"'n.J_11' .. ,tV,,"_ ~"''''';'''~...' ,rV~,,#\"l~ ~1'..·'·.,1, 16A9 MEMORANDUM DATE: November 7, 2005 TO: Cindy Erb, Sf. Property Acquisition Specialist Real Estate Services FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Agreement for Sale and Purchase with Roseanna T. Lockwood, as Trustee - Property ID #39953360004 Enclosed is one copy of the document, as referenced above (Agenda Item #16A9) approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, you may contact me at 732-2646 ext. 7240. Thank you, Enclosure ) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 tkrough #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exce tion of the Chainnan's si ature, draw a line tkrou"h routin lines #1 throu"h #4, com lete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) (List in routin" order) Office 1. 2, 3, 4, Board of County Commissioners 5, Sue Filson, Executive Manager 6, Minutes and Records Clerk of Court's Office Initials Date PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A proved by the BCC Type of Document Attached Number of Original Documents Attached û Phone Number oS' Agenda Item Number It tv C' Sa.. \e. 'i- ~ \..L.Îc hCJL.D e..- L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro nate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sianature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullitied, Be aware of our deadlines! The document was approved by the BCC on~(enter date) and all changes made during the meeting have been incorporated 10 the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. ") 3, 4, 5, 6, 7 7~ - eY¡ / 7 llø 'A q Yes ( Initial) v rJ ft (ym[ ~V rV A ~0 I: Formsl County Forms! BeC Formsl Original Documents Routiog Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2,24.05 N/A (Not A licable) -- CONSERVATION COLLIER PROPERTY 10 #: 39953360004 16A9 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ROSEANNA T. LOCKWOOD, AS TRUSTEE OF THE LOCKWOOD FAMILY REVOCABLE TRUST DATED NOVEMBER 6, 1991, whose address is 526 Broad Avenue South, Naples, FL 34102-7169, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1,01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Forty Five Thousand and No/100 Dollars ($45,000), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3,011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3,0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments, 1 CONSERVATION COLLIER PROPERTY ID #: 39953360004 LvA9 . (b) Such other easements, restrictions or conditions of record, 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3,0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed, 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller, If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage, IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4,011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing, If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 2 CONSERVATION COLLIER PROPERTY 10 #: 39953360004 16 A 9- 4,012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4,013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment. or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5,01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1, Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations, 2. There are no abnormal drainage or environmental requirements to the development of the Property, 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In 3 CONSERVATION COLLIER PROPERTY 10 #: 39953360004 16A9 the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property, 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property, VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10,01 Seller and Purchaser represent and warrant the following: 4 CONSERVATION COLLIER PROPERTY 10 #: 39953360004 16 A 9- 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10,012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever, 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto, Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10,018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, 5 CONSERVATION COLLIER PROPERTY ID #: 39953360004 16 A 9~ repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts, This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 6 .,.'i"'.~ CONSERVATION COLLIER PROPERTY 10 #: 39953360004 16A9 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 If to Seller: Roseanna Lockwood, Trustee c/o Dawn Litchfield-Brown 3033 Riviera Drive, Ste 106 Naples, FL 34103 Telephone number: 239-261-4800 Fax number: 239-261-2085 11,02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12,01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits, 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 7 CONSERVATION COLLIER PROPERTY 10 #: 39953360004 1{, t j~A 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13,05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require, 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision, 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes,) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller, Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC:--*\oS \k..~\u A(q) AS TO PURCHASER: DATED:Jl- 'J- 05 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ß'{~ .t",!,~!,:~), :~;;\"=; ':'~~:'~~~i·.····"~~;;:;\·"~T' .... "~~j,~,,,-~ ""',:' ({" '-, ..... " .. e~>t·.. ';';;~iZ't~Æ···~::~;'~~;~:~~~· ; '#l~(f .c.-:~S~1j·'f. \~\,..", ;J/f .', . , . . I t I . .! ~ . ...,>' ~~, BY: '1uJ-w~ FRED W. COYLE, CHAIRMAN 8 CONSERVATION COLLIER PROPERTY 10 #: 39953360004 16A9 AS TO SELLER: DATED: 9-3{J'ð5 WITNESSES: ~ ' / . .) .~ 7 S- O .. ;) t~~-æ¿:~j) ~. ROSEANNA T. LOCKWOOD, AS TRUSTEE OF THE LOCKWOOD . I FAMILY REVOCABLE TRUST D9úJA/--P L¡FCffFIEL¡(JBf>a,¿Jf1./ DATED NOVEMBER 6,1991 (Printed Name) ~_^ ~O~ (Signature) ,.., - -- CA- (Printed Name) Approved as to form and legal sufficiency: k V C/~ ~~r--- - Ellen T. Chadwell Assistant County Attorney Item # IlÞA-9 11- J. 05 Agenda Date 9 16A17 MEMORANDUM Date: November 3,2005 To: Alex Sulecki Environmental Services From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Convservation Collier Program Land Access Request and Release Enclosed please find one (1) copy of the Agreement as referenced above, (Agenda Item #16A17), as approved by the Board of County Commissioners on November 1,2005. If you should have any questions, please call me at 774-8406. Thank you. Enclosures (1) 'ól-\ll ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Offïce. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and!or information needed, If the document is already complete with the exception of the Chairman's sÜmature, draw a line throu"h routin lines #1 throu"h #4, com lete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approva1. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, AU original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) 3, Name of Primary Staff ~\~ ~ ~I.ec~ Phone Number c213..ól'tlQ I Contact Agenda Date Item was 1\' \ 'OS;- Agenda Item Number If¡ A J'1 Approved by the BCC Type of Document £;Y--~ d::t. ~""¡¡e '5.u.. ~ r'V'Ct. t &i- Number of Original ~ Attached Documents Attached .... 4, 5, Sue Filson, Executive Manager Board of County Commissioners Yes (Initial) N/A (Not A licable) 6, Minutes and Records Clerk of Court's Office þ..~ P<f:> "-$ c.i. ~ I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26.05, Revised 2,24,05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2, 3. 4, 5, 6, 16A 17 -~-- CONSERVATION COLLIER PROGRAM LAND ACCESS REQUEST AND RELEASE WHEREAS, the Conservation Collier Land Acquisition AdvisDry Committee, part of the Collier County Environmental Services Department, does allow environrnental research on our lands. These activities ar-e for the purpose.:; of information and learning; and, WHEREAS, the undersignea fully understands that this request involves a potential danger and/or exposure to hazardous conditions to both his/her person and pmperty, and that the Conservation Collier Land Acquisition Advisory Committee, and the Collier County Environmental Services Department cannot insure or guarantee his/her safety, and the undersigned further understands that if this request is granted that tne undersigned assumes ali risks arising out of the granting of this request including all damages to person and property of undersigned, FOR AND IN CONS DERATION OF the permission and privileges extended to me pursuant to my request to enter and perform researcl'1-reíated activities on Conservation Collier lands, I, for myself, my heirs, executors, and personal representatives, do hereby acknowledge that I am doing so freely and voluntarily, entirely on my own initiative, that I hereby accept all risk and responsíbi1ity, and do hereby indemnify and release and discharge the Conservation Collier Land Acquisition Advisory Committee, and the Co\lier County Environmental Services Department and the Collier County Board of County Commissioners, their officers, agents, and empioyees against and from any and all liability, claims. and right of action for my death, or injury to me or my property, or any other type of damage, whic!' may occur at any time arising out of the granting of this request whether or not any such ciamages are due to alleged negligence of any agem, employee or other worker of the Conservation Collier Land Acquisitian Advisory Committee, and the Collier County Env;ronmemal Services Department or the Collier County Board of County Commissioners and the County of ColLer THEREFORE, I, Michael Jenkins, Fie!çf Bioloqíst, Florida Natural Areas Inventorv -~~l~ ilt t K~T~~ - -------====----,---- (Print f\ ame(s) .----,. --_._-"-~- do 11ereby request permission of the Collier COlmty Board of County Commissione"s and the County of Collier to enter Conservation Collier lands and conduct environmental research-related activities on the follow\ng dates and approximate times: Dates: durina the week Qf October 2_-:1[:' through October 28,2005 ___ ~~ 6 A 17 .. ..... Release Doc. Page 2 of 2 Approxi rnate ti me 5: _____~a r!Y'.JI1 OrïJÜlli. untJl..;?fternoQ.!l-=..9,ª-YV9.hLb.9_IJr.L...---.---- and for the following reason and purpose: CO(1du.cl an 1!l70rmal survey fQr exotic RlªDJ~Lon Con~E;!..rva~on Collier mºQQrj:j[~~_usinq Glob.?J Position ¡ n (L§.'L~te inS (G PSJ l~chDQj.Qg:L_-._--..,-__--,_---_--------,-,---·- ---- ,..------,----------- I further understand that this agreement does not const¡tute an employer/employee relationship and no employer/employee relationship rnay be infer:ed by this agreement. also unde'stand that this agreement is solely for the purpose of learning and that r".O voluntary services are being requested by the County or the Conservation Collier ~and /\cquisitIJn Advisory Committee, and the Collier County Environmenta1 Sen/ices Department and t!1at volunteer services are not estaollshed by this agreement. Date _ 1-1: uC; __ Signature ¡hJ.Á:,,Í./1j) p~~---- (Parent/Guardian if a minor) (All parentlguardi s must sign) -----~-,------------------------- Staff Section --ckt,- Approved __________ Disapproved (./" ?Æ ~ /J ¡J - --_..__!_~~~----, Cou / Manager FINAL AUTHORITY: _______ Approved ..,______ Disapproved ---~~-, ' Fred co"yjf- Chairman, Collier ------------------ .---."--- oard of COLlnty Commissioners Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney Item # liD rt 11- Agenda r /-1- D5 Date v/}/}/VI vA 1'"6 A 19'~ MEMORANDUM Date: November 3, 2005 To: Cecilia Martin Planning Services From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: CP-2005-06, Permit for Carnival Exhibition Enclosed please find one copy of the above referenced document, (Item #16A19), approved by the Board of County Commissioners on Tuesday, November 1, 2005. Any questions or comments please contact me at 732-2646 ext 7240. Thank you. Enclosure . . ~ 't... ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLt 6 A 1 9 ' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO · THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's sie.nature, draw a line throue.t routine. lines # 1 through #4, complete the checklist, and forward to Sue Filson nine #5), Route to Addressee(s) Office Initials Date (List in routine. order) 1. 0~J1¡/r61- /( a ') /J d7/7/~7 d61L /¿Jþó / 'I ,¿/t..5 1''(:'- r- 2. / 3. 7 j1 4. 7 ~ 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office c) --..) .{ ,( ~... I PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staft' for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC oftice only after the BCC has acted to approve the item, Name of Primary Staff Contact Agenda Date Item was A roved b the BCC II Type of Document Attached / Number of Original Documents Attached ;?/yi t 7 /t IÎ /9 ( Yes (Initial) N/A (Not A licable) Phone Number ),11"1171 Agenda Item Number ,/ "5 c-/ ,,5 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriale pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. J4~l / ¡v~q 2. 3, 4, 5. 6, / I 11 , , <J-ß1/ 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised (,26,05, Revised 224,05 Permit No. IbAl94 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Reverend Joseph Spinelli, O.S,A., St. Elizabeth Seton Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct the annual St. Elizabeth Seton Festival; and WHEREAS, Reverend Joseph Spinelli, O,S,A., St. Elizabeth Seton Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct the annual St. Elizabeth Seton Festival, as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such festival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO ST ELIZABETH SETON CATHOLIC CHURCH, to conduct the annual St. Elizabeth Seton Festival from November 9, 10, 11, 12 and 13,2005, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") WITNESS my hand as Chairman of said Board and Seal of said County, attested by the s.-r Clerk of Courts in and for said County this {. day of N~w(¡liber' ,2005. BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: FRED~kY:Hkæ# Item # lPA~q I{ -I.. 05 Agenda Date Date ... .0 þO... . 'Í-'''''.. . ~~:¡~- ... ..... ". - -~ . ~. . . .. . ... .-0 . .0 .,0 .... 0 -0 to 16A19 ~ "- Exhibit MAlt BlOCk 204 And 205, Golden GAte City, Unit 6, ACCOrding to tbe plat tbereof, as recorded in Plat Book 5, Page 11 of the Public Records of Collier County, Plorida. Also lot 5, Block 201, Colden Gate, Unit 6, acCOrding to plat book 5, PAges 124 to 134, inc. Public records of Collier County, rl. -& . . . 0 ... ~ :. .... 0" " ;" I J6A19 \ St. Elizabeth Seton Church 2760 52nd Terr, S,w. . Naples, FL 34116. (239) 455-3900 . Fax: (239) 455-6895 ~~/ tbL\ÝS October 3,2005 Commissioners of Collier County Board of County Commissioners PO Box 413020 Naples, FL 34101 Dear Commissioners; St. Elizabeth Seton Parish will be conducting the annual Festival to raise funds for the operation of the Church and our Elementary School in Golden Gate, The Parish Festival will take place on November 9, 10, 11, 12 and 13th, The hours will be Wednesday, Nov. 9 from 5:30 to 10:00 p.m.; Thursday, Nov, 10 from 5:30 to 10:00 p.m.; Friday, Nov, 11 from 5:30 to 11:00 p,m,; Saturday, Nov.I2 from 1:00 to 11:00 p,m,; Sunday, Nov. 13 from 1:00 to 9:00 p,m, The Golden Gate Fire Department, Collier County's Ambulance service, and the Sheriff's Department have all been informed as to the time and place of the Festival. The Waste Management of Collier County has been contacted and will be responsible for removing the trash from the grounds, and if this fails, the Church assumes the responsibility of removing the trash, There will be portable toilets in several locations, There will be parking facilities in the lot adjacent to the church, at Winn Dixie Plaza, at K- Mart Plaza and also the Bank America parking lot. Enclosed please find a drawing designating the location of the booths, rides, and other facilities for the Festival. // / "/'<~'/~i / ... " ~_... ..' " '. ' ... .. ...-' /-- ~-c.. ""., /" ~, NOTE: Please read reverse side before corncleting this Petition. Copy: Zoning Dir1t6 A 19 Copy: Petitioner Copy: (4) County Manager Original Form: 11/4/75 ~ð.F1U.YjlL-º.PEMTION I?E.T.LT.Iillf PETITION NO.--At- '8lf1:) DATE: PETITIONER'S NAME: st. Elizabeth Seton Catholic Church PETITIONER'S ADDRESS: 2760 52nd Terrace SW Golden Gate, FL 34116 TELEPHONE: 455-3900 FAX 455-689- PROPERTY OWNER'S NAME: st. Elizabeth Seton Catholic Church PROPERTY OWNER'S ADDRESS: 2760 52nd Terrace SW Golden Gate, FL 34116 TELEPHONE: 455-3900 FAX 455-6895 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Church & School GENERAL LOCATION: 5325 28th Ave. SW CURRENT ZONING: Church CURRENT USE: Church property NATURE OF PETITION: Festival November THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.e.2) 3.e.5) 3.e.8) 3.e.3) 3.e.6) 3.e.9) 3.b. 3.e. 3.d. Comments: ~~ '1 // ..... S1 J(·RE~~·· ~~. DATE REVIEWED by Board of County Commissioners: , ~~.E..r<?v_e.d_,: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County'Manager in four (4) copies accompanied by: il. A ~ur~ty bond in th~ IJunal ~um of ~2,500, issued by ~ company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for anyone person and $300,000 for anyone incident. c. A non-refundable fee of $200. d. A current occupation~l licen~e i~sucd by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters addressees) of the carnival or exhibition company(ies) with a direct or indirect financial interest: name(s) and addressees) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company (ies) : 2) A description of the every activity to be conducted such as but not limited to, menageries: circus and side-show performances: amusement, merry-go-round and other ride activities: food and drink dispensing facilities: booths for conduct of games of skill or chance not prohibited by state law to be open to the public for an admission or participation fee and number of persons to operate the activities: 3) Name, identification and social security number of each person accountable for the operation of each activity: 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities: parking facilities, and provision for lighting and public water: 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The p]an for rcfur;c, q~rba00, debris, and sewaqc dißposal during and atter operation ot the circus or exhibition. 7) provisions for traffic control, fire safety and security precautions: 8) The date and time each activity is to be conducted and concluded: 9) Written approval from the owner of the property authorizing the use of his premises for such carnival activity. 10) Legal description of property to be utilized. CARNIVAL PETITION APPLICATION rs , ,~ 19 . } ,~.., .... ....., j , Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 608240 Date 10/6/2005 1 :59:23 PM Post Date 1 0/6/2005 Nbr Appl Name: ST ELIZABETH SETON CATHOLIC CHURCH Appl Stage/Status: REVIEW STAGE NO, 1/PENDING Address: 2760 52ND TERRACE SW GOLDEN GATE FL 34116 Proj Name: ST ELIZABETH SETON CATHOLIC CHURCH Type: CH T AZ.: 90/97 Subdiv Nbr: 623 Project Nbr: 19990548 Payor: SAINT ELIZABETH SETON FESTIVAL Fee Information r Fee Code I Description I GL Account Amount Waived l 111CIRC I FAIR & CIRCUS PERMITS 113113832634122000000 $275,00 I Total $275.00 Payments Pa ment Code CHECK Account/Check Number 2186 Total Cash Total Non-Cash Amount $275,00 $0,00 I $275,00 $275,00 I Total Paid Memo: Cashierllocation: HILLCAROL / 1 User: WILLOUGHBY C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: 1 0/6/2005 1 :59:49 PM 16A19 LOCATION: ST ELIZABETH ANN SETON ZONED: BUSINESS PHONE: COLLIER COUNTY OCCUPATIONAL liCENSE TAX LICENSE NUMBER: COLLIER COUNTY TAX COLLECTOR - 2800 N, HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 403-2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS LICENSE EXPIRES SEPTEMBER 30, 2006 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, 830555 LEGAL FORM :' :;.~) "F"" CORPORATION,. "~",,, ç¡" ,,;'" -~'"'!!- - >~ .~.;., -~ q;.. ST ELIZABETH SETON FESTIVAL .."C'. NON-PROFIT ORGANIZATION .. NOT TRANSFERABLE .. I~" (.1- .{-'SPINELLI, JOSEPH (REV) .~ .; 2760 52ND TERR SW -~ , NAPLES ¡ FL 34116 - 7642 NUMBER OF EMPLOYEES: TRAVELING SHOW,CARNIVALŠ" CLASSIFICATION:CIRCUS, CARNIVAL, SIDE SHOW ,,' ", CLASSIFICATION CODE: 01800001 l ,,' DATE 08/04/2005 AMOUNT RECEIPT 1123,14 /-./;J p 1. /V CW ,. /:'4'L~ 1'1 J.l ,:£ ;"r ,. ---::Ió:... ""~ This document is an occupational license tax only, This is not certification t/íãt,jçensee i¡; qua.lified,; It does not permit the licensee to violate any existing regulatory zoning laws<oftÞê state:..coünty or cities nor does it exempt the licensee from any other license or permits that may be required bylaw, ..M.~ 16AlS ~4rriff ¿guu Jituntrr ,,- .. .-..--- . .-.,.......-...-.. Collier County Sherìffs Office 3JO' Tamiami Trail east Building "J" Naples, FL 34112 Telephone (AC 941) 774·4434 SePtember 16, 2005 Reference: St Elizabeth Seton annual Festival Rev. Joseph Spinelli 2760 52nd Terrace SW Naples, Florida 34116 Dear Rev. Joseph Spi1eIli, We have received and reviewed your request for security at the St. Elizabeth Seton Festival, opetating from November 9th through November 13th, 2006, The plans are hereby approved by the Collier County Sheriff's Office and adequate security will be provided, Questions or concerns should be directed to me or Sergeant Kaye, as representatives of Sheriff Don Hunter, ;;11.b"1t~ RictI Hampton, Lieutenant Patrol Division, Golden Gate RH:ajc 00: file T,T·...J c:.coo c.c.¡., =":'::1 ~ n I <=:.QJ<=:'ûIC'C¡::C";::J ':J II-IC> þ.,)':!o"1ïnL-' ,I,IM:.J.J 10.. ,c.c:I C~;::J_QT _...J':JC: 16A19 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY· NAPLES, FLORIDA34116-6901 (239) 348-7540· FAX (239) 348-7546 August 17, ZOOS Reverend Joseph A. Spinelli St. Elizabeth Seton Church 2760 5Znd Terrace S.W. Naples, Florida 34116 Dear Father Spinelli: This letter is to acknowledge receipt of your correspondence pertaining to the St. Elizabeth Seton Catholic Church annual festival to be held on November 9, 10, 11, 12 and 13, ZOOS. This department does not object to your having the festival, however, we must insist that all fIre codes and safety codes be strictly adhered to. In addition, it will be necessary for all festival facilities to be inspected by a fIre department inspector after they are set up and prior to their being opened to the public. Thank you for your cooperation. Sincerely, ¿.. Z;<?(/)... '---A°,¿;;,/;,~ ''''/ /. <L-~ //. - ~ ~.' --_.c:. -~~' Í/ William. T. Silvester Fire Marshal WTS/pm NOTE: Please read reverse side before completing this Petition. Copy: Zoning Direl£> A 19 Copy: Petitioner ~ Copy: (4) County Manager Original Form: 11/4/75 .cAP 111VAL.Q.P.EFj) T ION I:E.T.I.T.IQtl PETITION NO. DATE: PETITIONER'S NAME: st. Elizabeth Seton Catholic Church PETITIONER'S ADDRESS: 2760 52nd Terrace SW Golden Gate, FL 34116 TELEPHONE: 455-3900 FAX 455-689 PROPERTY OWNER'S NAME: st. Elizabeth Seton Catholic Church PROPERTY OWNER'S ADDRESS: 2760 52nd Terrace SW Golden Gate, FL 34116 TELEPHONE: 455-3900 FAX 455-6895 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Church & School GENERAL LOCATION: 5325 28th Ave. SW CURRENT ZONING: Church CURRENT USE: Church property NATURE OF PETITION: Festival November THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.e.4) 3.e.?) 3.e.2) 3.e.S) 3.e.S) 3.e.3) 3.e.6) 3.e.9) 3.b. 3.c. 3. d. Comments: ~~- SI A RE OF E;ý ON / DATE REVIEWED by Board of County Commissioners: ,__ ,~~.E.r~v_~~_.: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER Excerpt from Ordinance No. 75-11 Filed Secretary of state 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County'Manager in four (4) copies accompanied by: ~. A ~ur~ty bond in th~ I)~nal ~um of $2,500, i~~ued by il company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for anyone person and $300,000 for anyone incident. c. A non-refundable fee of $200. d. A current occupational license iS$ued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for rcfu~¡c, q~rba00, debris, and sewaqe di~pogal during and alter operation ot the circus or exhibition. 7) provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) written approval from the owner of the property authorizing the use of his premises for such carnival activity. 10) Legal description of property to be utilized. CARNIVAL PETITION APPLICATION rs 16~19 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event St Elizabeth Seton Festival Address of event 2760 52nd Terrace SW, Naples, FL 34116 Date(s) of event _ Hours of operation Sponsor of event St Elizabeth Seton Parish Person in charge of food service Wesley Bates Phone 948-5677 h Number of food and beverage booths 14 Estimated number of attenders expected at the event at one time? 5000 Number of toilets to be provided: Portable: Male ( 1 2 ) Permanent: Male ( ) Method of toilet waste disposal: Waste Management/Sanitary Female (12, ) Female ( ) Dept Describe method of liquid kitchen waste disposal: City water and sewer with grease trap Describe containers and method of solid waste disposal (garbage): Garbaqe cans with plastic linpr~ Number of solid waste disposal containers provided: 3-20yard dumpsters Describe facilities and method of handwashing: runninq water with ~ink Describe facilities and method of utensil washing, rinsing and sanitizing: Commercial dishwasher Source of potable water: city water As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp', may subject the booths to be closed for ~eason. Do you understand this completely? Yes '. No .. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. Date: / ~/;~6- " ..¡ ;;;. ^. c IND'VIQUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS 16A19 Name of event: St Elizabeth Seton Festival Name of booth: Taffy Wagon - Person in charge of booth: Types of food or beverage to be served: soda, popcorn, cotton candv.t~ffy ~n~r~ñ ~prl~~ ~ John Tolve = h Florida Administrative Code. Chapter 64E·11 requires all food to, come from' an approved source. All food storage. preparation and utensif cleaning for this event shall not be done in private homes. .. Location of advanced food ,preparation: n/a How will food be transported to event location? n/a ~ Method of keeping food hot and/or cold at event site: electric stove = Method of Cooking food at the location: stove Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: enclosed waQOn Adequate facilities and supplies shall be provided for, e;nployee handwashing, How will you provide this? sink . ~ '~". Failure to comply with applicable food se~cE! .requirements in accordance with Chapter 64E-11, Florida Admiriistrativë Code, may rEjSált in enforcement action. Do you understand this completely? Yes ~ . No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, co"ed, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whethe.r there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conduded in compliance with the Florida Administrative Code, Chapter 64E-11. ,- ~ Æ Date:/6~/':'-:1~ ./ .. INDIV'QlI~L BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS 16A19 Name of event: , St Elizabeth Seton Festival Name of booth: - Person in charge of booth: Types of food or beverage to be served: soda, coffee, hot chocolate . Hamburgers, hot do~s, Italian sausa e cake & cookies fish & chips, oriental, Bar-B-O. Onion. Pizza. Steak ice crean, elephant ears = Wesley Bates .. Florida Administrative Code, Chapter 64E-11 requires all food to, come from' an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food ,preparation: approved food booths and health inspected on qrounds kitchen How will food be transported to event location? n/a ~ Method of keeping food hot and/or cold at event site: ~ ~ each booth contains refriqpr~~nr ~ ~~nVQ Method of Cooking food at the location: stove at each booth Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: each booth is screened in metal Adequate facilities and supplies shall be provided for e;nployee handwashing. How will you provide this? e~~h hnn~h h~~ ~ ~ink Failure to comply with applicable foodseryJce _requirements in accordance with Chapter 64E-11, Florida Admiñistrative Code, may re~ in enforcement action. Do you understand this completely? Yes j~ _ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete. and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. .. ¿¿ Date: / <110-'" -- / ...,: . 1I.1L-.",- ... ......... ,u,,,~w"~~RVlCE AGRE~;~~"~ ,""W'N\JV;:øwalconrrac:t 106" Ä 19 NON-HAZARDOUS WASTES SIC Code 99 ,,£ Type or 8uslness TR. W.te M..agement Collier County 4500 Exehange Ave Napes, FL 34104 (23Q) 849-2212 (239) 64~ ACCOUNT NAME ST EL1ZA8ETH SETON CHURCH SERVICE 2760 S2ND TERR. SW ADORESS CITY. ST ZIP NAPLES. FL 34 i 16 COUNTY COLLIER Tel # :l393S3-3616 FAX # 239 4S5-6895 CONTACT RALPH BAtZARANO WM AGFU:EMENT NO. CUST0f.4E~ ACCOUNT REASON CODE ~EW eFFECTIVe DATE J..IllSBJ 05 BILLING NAME ST ELIZABETH SETON CHUR.CH BILLING 2760 S2ND TERR. SW ADORES c/o FALL FESTJV AI. CITY,8T NAPLES. ilL 34116 COUNTY COLUER TeL f# 239353-36l6 FAX # 239 4SS-689S CONTACT RALPH BAL..ZAR.ANO 6928 EQUIPMENTISERVICE SPECifiCATIONS Lac. SIM UoIa _ LMt ___ 0fII can C_a181 I 1 200 1\1 T W H : S u $ i8..281155.33 MDnt/I It UII Ie U T iN If ,. . II $ ~. I.iII N T W H F II U S MIWII I.Jt III T iN H P S u $ MonIII [jf MIll ~ III D/I". ..... S TDUI _III U'I 0 0 .. T W H F II U $ 0 MMIII UIt M T iN H , S u $ MIntII La .. T w H , II U S ~ g UK M T iN H , S u $ ~ g - ¡,¡f SPECIAL INSTRUCTIONS I WM AGReEMENT NO, DEUVER. 1 20YD COJl¡ï ALONG FIiNCE NEAR WOOD SHED ANY OUESTIONS SEE RALPH. SCHeDULE OF CHARGES lIIMIMI~poII'MIwIII ................. S ~_IILDIJI. _..... _..__ n............., . 1iIItrI1'ICII,,~ PtrLa ......................., $ PwVIl'll..................__...... S ....1110 ......_..............__., . Hauln.~~......__..._.........__.. $ ~ IIItTCIII............................ $ DIIpoNI Or LoIM..... .___. ..._. u... .._.' S ToIII¡.- L.IIM ........ ._...... .._.u , DllWlYa... .n___..... .____......, I u.N..... crwve ...... .__....... ......' s ~ CM". ........................., I T', ca.-ge '..... ...n.. n...... ......' a rranc:riNF_ ............... _....._.., s .~\j~~J&:~:~'~',~:.:~~.~. ;!::'~~Ç:·,I I ..2111 040- ;S~~¡~~~~CEf.'.º!!!_"_ ~~. g~,.~, ReNEWABL.E '¥:'1;;"'~~'"'' ..r.·~,J.:,'I;4'm::tft:-=·.1'1..~~~'Þf!"I(t:. . .:,~·...·_.A1~:f~.~l :0-. : .~ .~.! ,,~:.. .,:..:.; .'I:'O\~,.... .¡:.;,.:.~~¡. .:...~~ '... _. ~.,,,..~,,,~,(.. i" "". '...,l"..,j)':' ..,';~:.,\i,<.~.; ....,...' ..\~...,.'.., .'~,·d~·:'i,:;¡i¡r~,: TeRM ::=. ..._~. ·I~f',;t;."'";.~.<~ ReCEIPT REQUIREO? TAXABLE N (V/N) N (YJN) BILL TO ACCT ,. DISPOSAL SITE THI! UNDERSIGNeD INDMDUAL SIGNING THII AGREIMINT ON BI!HALP OF CUSTOMM ACICNOWLiDGS8 THAT HEISHI HAS RUØ Me UNDIUTMOS THB TERMS ANDCONDrrJONI OF THIS AGIUiEMENT, ON THI! RI!VDIE saEll!, AND THAT HI!J8NB HAS THI AUTHORITY TO SIGN ON ·\Jö5~Ça;:·~c~ CUSTOMER lW7ß.~ "IZED SiGNf. TU ) .;r;:A~ '/ ~ 10/03/05 I CT'IIU) 100TI) NAME (PRINT OR TYPe) ):'V T JI JI1 fi A r: ON GE¿¿.11 151.31 33.8».29 TERMS: NET 10 DAYS CONTRACTOR &J~ ~ SIGNA11JRI) 102 TIi/IRITOIrf NUIo4UR 10/03/05 (CAR) NAME (PRINT OR TYPE) Nadla Redwan , . . ~'. -.~ : :10".1" 'f 11_.' . '. P.O.: Ic;ac ·"001 . . . .". ,'lnliRÞ J.~, 'n¡ 33131-1001" '800 23'7-3355 '. ". . - To ~ 'I'ni.. 0118, . dbI ThiZ'd Ga8zatJ.aa ' " , "28 CoD.8tit1ltioa ~J.";. ",.~.,t.~ ft.. 33~.3~ o . . ...., , 1GIØ1,fJO o 4 / 1 7 (0 5 : '..., ' . 1..000.oaa .~.:~ " "04/17/06 10.aoo,000 .. 1 aoo,ooo ,M2Ul"O 4 / 1 7 1 0 5,." Q.~ /,1.7.1 Q 6 :-..........1.111' · 500 000 . , , "'VIILR'r · fIIr_ " ...v......,. · fIIr-.. . rl-~.~r-- · ".' --.-:--.... ~.IIo..,"", , =:f>~~.,.~ '- ..1 ._..IØ~I·- ,..,_,- ..-.. 1 I . ".........'11 I .fe.ati.,.. ercn 1 1 /04/05' Add1tiaaal :ID.ured I SAINT KLJ:ZABBTB SB'rON CHURCH , t~gh11 /11/06 Diocese of Venice in FL .....I!!!'f......... (' -~Iiia........,LiiiUlljillilii.. _ __I'éé .......... --_Ml._ 'lit... ...IJL.......,.. --·...--.,.----"'-~~___IO_.1M11.L ......r" I. .....r.-.nor..,.,_......--...__ MORa_«..,.... .: ;~: * * '1'\ * * * * * * OLD REPUBLIC POBOX 4668 WINTER PARK, SURETY COMPANY 16A19... CONTINUATION CERTIFICATE FL 32793-4668 BOND NUMBER BOND DESCRIPTION FLA- 320968 PERMIT FL 33999 @~¡_I!if~lMij~~iM~i~~1@M~~~H~~~&iÆmiÆ~~n@~¡ili1HIi.~]f!~~~J~¥ili~Mt~~~~&l~f~¡®¡m~mtt®iliŒI@ll¡~Him]~l1:ID.!m~¡Hm~I@1!Ii.U1.t!fM~¡~~~@IW£~f.~miÆ~i BD COMM. COLLIER CTY 3301 E. TAMIAMI TR NAPLES, FL 33962 w:n~ THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON M~~ ~#I~ IT AND ANY AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR ¡r¡t¡~ ::::::'::::::,,: :::~;;:::~:: fiN RECOVERIES ARE WITHIN THE FIRST ANDIOR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD, PRESENT, PAST OR FUTURE, ¡¡gN Md ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. MM I SIGNED AND DAT¡'D THIS ELEVENTH DAY OF JULy, 2004 I 92-2352 COLLIER INSURANCE SERVICES,INC 6609 WILLOW PARK DRIVE NAPLES, FL 34109 ORSC 22054(....' - ,- - ,- - - - - - - - " - - ." - - -, - ,- -" - -, -" - - ,- -., - - -. ,_ _ _ _ _ _ _ _ ,. _ _ _ _ _ _ _ ,_ _ _ _ _ _ _ _, _., _, _ _ ,... _ _ ,_ , _ _ _ _ _ " _ _.. .... OLD REPUBLIC SURETY COMPANY SURETY By ~.t~rh~~. ~ - ASSISTANT RETARY &\ c.,-µ <7 DUeC ® (7~ ® TN« ~ "" &: !I. 'lOSS SPI.ASIt me swr, 0MNr WIS. =' N- otIOII DOWN ..x IHOP .... ® ® '" [E] I~~. [B ~ . ~ A-IWM ,<., ~ "- FESTIVAL CARRIAGE BUILDING HOUSE SCHOOL .. FOCn1W.L mss .. STRIICE ZONE .a. SI1IICE ZONE --. ') ,- 1\ I '\)G ., P I r, - , /( .I 1/' é: ....; . " . ~ a,.I \ ..,\17' CHURCH I ~ " SIRIICE . , " 811--:" i 0 'ø MEMORANDUM Date: November 1,2005 To: Margaret Ramos Adopt-A-Road Coordinator From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: (3) Adopt-A-Road Agreements: Florida Home Realty ASAP Accounting Service of Ana Patino, Inc Enclosed please find one (1) copy of each document, total of four (4) as referenced above (Agenda Item #16B1), as approved by the Board of County Commissioners on November 1,2005. If you should have any questions, please call me at 732-2646 ext. 7240. Thank you. Enclosure 16 B 1 ,~ EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve four (4) Adopt-a-Road Program Agreements at no cost to the County because of already existing signs. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the particular segment of roadways named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreements. FISCAL IMP ACT: There is no cost associated with these Agreements because the signs already exist. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups: Lori Young, Florida Home Realty and ASAP Accounting Service of Ana Patino, Inc. as the sponsors of the listed roadways and that the Board of County Commissioners authorize its Chairman to execute four (4) Agreements on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Dept. Attachment: Agreement (4) 1681",. COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions '\THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this -L day I " -o/Z f '7Æ..¿ '7){ -I..Þ¿ , 20 ~§by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Lori Young, Florida Home Realty (hereinafter the "GROUP"), whose address is 3555 Santiago Way, Naples, Florida 34104 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Airport-Pulling Road from Club House Drive to J & C Blvd. (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 1681- 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property 3 1681 '1 ,·t ~ directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County, F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. \,..~~.~"'Hh H.q,.".. . \' c: t!:, "I.', ~ \~. 1.i~;{~i71:) /'\ A. 1'1. ,;............. ¿')o"" ",.;, ,'" ,. ''\ .. .. .,' \:r4w--'" ~of ......ß...~...,wtØ..."' ..' . ..,.,ll.. ....'F...E. ~.~. ,.OM": :'.'.l...e ..rk '~,. q ~ ,.., \'~ -." .~ : ~' ; .:-~:'" .. ~,. . . ': .', ./ . .~:.b~pdty Clerk At_t ø to·~Å-i.j,· , I fllln JÌ.' ~...:.;.. .. .. '.~ ~ttjl.... ,"'ð" 'í .........11[' ,~l... .) ..,,¥:!.t "7 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: M- w. c ~ Fred W. Coyle, Chairm~ ...... ¡::: ~ r:"..... J'4~~ ~ ( t- GROUP Lori Young, SeY.tlJ. U~' Rial.". ,.~, By: .Lt;¿~. ?b~ Name(print): ~ r,' ~~ Title (print): .x.. i"'-' "'" ,. e Phone # (day): (,rf -."..~r,, Phone # (night): ¿, rr - .L 7t'/ Ap and legal sufficiency: 4 1681 4 'MIÏ COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions ~1HIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this -.L day --C;¡2/}~ ;ry'!-/C£-A,-"" 20-é! s,''by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Lori Young, Florida Home Realty (hereinafter the "GROUP"), whose address is 3555 Santiago Way, Naples, Florida 34104 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Airport-Pulling Road from Golden Gate Parkway to Clubhouse Drive (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein, 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason, 16 B 1" .. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so, 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 2 ..- 16 81 .~ 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5, Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property 3 1681-- directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA {;k By: ~y~é~ Plor;-.!, 1Io~ GROUP Lori Young, ~9Ut'" ~"'y. Realty By: nn and legal sufficiency: Item# ~ 6\ Agenda \ \_ \ . oS-- Date - Date \ \ - , - èb R 'd 4 16Bl'J COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ~ day ., ...- of/": W·J F.¿(/b, 2Q) ~ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Lori Young, Florida Home Realty (hereinafter the "GROUP"), whose address is 3555 Santiago Way, Naples, Florida 34104 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Radio Road from Airport Road to Livingston Road. (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following tenns and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perfonn litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Unifonn Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are detennined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 1681 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold hannless agreement provided by the COUNTY, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed fonns will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group, 2 1661 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission, be retained by the GROUP during the tenn of this Agreement. B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, tenninable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may tenninate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property 3 1681" directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~y':.:~~ ~(,r¡r;/.. /fØ,Af,t' GROUP Lori Young, ~itU"h R~f Realty BY:{~ ~/~rintY~t'> ~:Aa Title (print): .r. A< d ~. Phone # (day): (PJ7 ~ > rr Phone # (night): fðr'i ;''¡rl' 4 1681 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions 'tHIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this -L day øiZt-z<-<: J '( ~:-0L- , 20t (~~by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, ASAP Accounting Service of Ana Patino, Inc.(hereinafter the "GROUP"), whose address is 12425 Collier Blvd. Ste 106, Naples, Florida 34116 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Radio Road from Santa Barbara Blvd. to Davis Blvd. (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason, 4, Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 1681 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group, 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1681- B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items, 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free oflitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 1681 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W ~ Fre W. Coyle, Chainn By: gal sufficiency: 4 ')I'"",..:,.,id <1\':$ ~~f5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 B 5 ';,f TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board OffICe. The completed routing slip and original documents are to be forwarded to the Board Office only IfW: the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to aDDrove the item,) Name of Primary Staff Sheila Convery w{T~ic, O~ Phone Number 8260 Contact Agenda Date Item was 1 0/25/0~, Agenda Item Number 16-8-05 Aooroved by the BCC ",' , :>'é"', Type of Document Resolution 2005-376 Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 1, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired, 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. 1M - Some documents are time sensitive and require forwarding to Tallahassee within a certain .. - ~ time frame or the BCC's actions are nullified, Be aware of our deadlines! I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9,03,04 ~'- -...--".------' 1685 "'!.. MEMORANDUM Date: November 16, 2005 To: Sheila Convery Trans./Traffic Operations From: Ann J ennej 000, Deputy Clerk Minutes & Records Department Re: Resolution 2005-376: Expanding and redefining a "No Parking" Zone along Griffis Highway, commonly known as Isles of Capri Boulevard Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #16B5) approved by the Collier County Board of County Commissioners on Tuesday, November 1, 2005. The original Resolution is being retained in Minutes and Records for public record. If you have any questions, please call me at 774-8406. Thank you. Enclosure _,___~_.~.",__~____.W'_··' 1685 MEMORANDUM Date: November 16, 2005 To: Sheriff's Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005-376: Expanding and redefining a "No Parking" Zone along Griffis Highway, commonly known as Isles of Capri Boulevard Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #16B5) approved by the Collier County Board of County Commissioners on Tuesday, November 1, 2005. If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure 16B5 ~. RESOLUTION NO. 2005- 376 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION NO. 2003-134, IN ORDER TO EXPAND AND REDEFINE A "NO PARKING" ZONE ALONG GRIFFIS HIGHWAY, COMMONLY KNOWN AS ISLES OF CAPRI BOULEVARD. WHEREAS, on May 20, 1980, the Board of County Commissioners (Board) adopted Collier County Ordinance No. 80-47, as amended, regulating parking in the unincorporated areas of Collier County; and WHEREAS, Section Four, Paragraph 2, of said Ordinance authorizes 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, on April 8, 2003, the Board adopted Resolution No. 2003-134 which established a "No Parking" zone along Griffis Highway, commonly known as Isles of Capri Boulevard; and WHEREAS, a request has been submitted for the expansion of that established "No Parking" zone along said portions of Griffis Highway; and WHEREAS, construction of a new public parking area along the east side of Griffis Highway, within an area included in the aforementioned Resolution No, 2003-134, requires further definition of the "No Parking" zone to permit parking in the public parking area; and WHEREAS, through an investigation of the area by the Collier County Traffic Operations Department, it has been determined to be in the interest of the County to expand and redefine the "No Parking" zone established by Resolution No, 2003-134. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY, FLORIDA, that 1. This Resolution shall supersede and replace Resolution No, 2003-134. 2. The following County road right-of-way shall be designated as a "No Parking" zone and said road shall be posted as necessary with signs specifying that parking is prohibited at any time in the following areas: "NO PARKING" is to extend for approximately 150 feet along the south and east side of Griffis Highway, beginning at Williams Marina and going west, then following the curvature of the roadway south along the east side of Griffis Highway to the north edge of the newly constructed public parking area along the east side of Griffis Highway; and "NO PARKING" is to extend on the west side of Griffis Highway from 50 feet north of the centerline of the Isles of Capri Fire Station driveway extending south approximately 523 feet south to the intersection of Hilo Drive West; and "NO PARKING" is to extend along the east side of Griffis Highway beginning at the south end of the newly constructed public parking area extending south approximately 497 feet to the intersection of Hilo Drive East. 1 16 B5~ 3, The parking restriction shall be effective after written notification to the Collier County Sheriff's Office and upon the posting of appropriate signage, THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this ,9\- day of jJOve.w'oe.v , 2005. ATTEST:. DW~Qß13:E'¿~ROCK, Clerk :'.ë%~' ..~ ~>~,," ,~~/;:o '~' ..r,... ~. Iþ. -: ",': t'" ,.'\\ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uJ-W. ~ FRED W. COYLE, ChalfITI Item # I c.a...et:L ~~~h.$EJ LI I }O~ ~:~~d \8 2 .(. 1686 MEMORANDUM Date: November 08, 2005 To: Al Ruth, Sf. Project Manager, P.E. Trans/ECM From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Change Order No.2 to the Professional Services Agreement No. 03-3509, with American Consulting Engineers of Florida, LLC. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16B6), approved by the Board of County Commissioners on Tuesday, November 1,2005. We have kept a copy for the official public record and have also provided the Finance Department with a copy. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (3) 1686 CHANGE ORDER CHANGE ORDER NO. 2 TO: American Consultina Enaineers of Florida. LLC 4111 Land O'Lakes Blvd. Suite 210 Land O'Lakes, FL 34639 DATE: 09-30-05 CONTRACT NO, 03-3509 BCC Date: 07-29-03 Agenda Item: 16B(15) Item # IlPBlo i\qenda II. J. b I Ddte jØ Date I () Rec'd 1.0 -(jb ~ PROJECT NAME: Goodlette-Frank Road PROJECT NO.: 60005 Under our AGREEMENT dated Julv 29. 2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Provide additional design services and revised plans for the City reuse main relocation; and roadway and sidewalk realignments; provide construction support services; and conduct a Traffic Signal Warrant Study, See Exhibit A. Updated Scope of Services, and Exhibit B, Updated Cost Estimate. For the Additive Sum of: Three hundred and ten thousand and five hundred and forty dollars ($ 310.540). Original Agreement Amount $ 1,063.253 Sum of Previous Changes $ 151.377 This Change Order (Add) $ 310,540 Present Agreement Amount $ 1.525,170 The time for completion shall be increased by 306 calendar days due to this Change Order, Accordingly, the Contract completion date is 01-31-07 . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same tGi'TlS and conditions as contained in our Agreement indicated above, as fully as if the 8éJ.rne were repeated in this acceptance, The adjustment, if any, to the Agreement shall const!tute a full and final settlement of any and all claims of the Consultant arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: October 13 , 2005 CONSUL ANT: E America Consultin Engineers of Florida, LLC By: U\. Scott . Korpi, PE, Principal () ,;) ':) ..H' ¡{ ¿-:. By: t II VI-,. L L ù./ í iA L '- ~ Allen R, Ruth, Senior Project Manager By:æ ~ loI17/~J Jay Ä mad, 1 CM epartment Director Revised 2/24/2005 ~ CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette-Frank Road PROJECT #: 60005 BID/RFP #: 03-3509 MOD #: C.O. No.2 POI: 4500016367 DEPARTMENT: TECM Original Contract Amount: $ 1.063.253 (Starting Point) ;/ Current BCC Approved Amount: $ 1.207.230 (Last Total Amount Approved by the BCC) $ 1.214.630 /' (Including All Changes Prior To This Modification) Current Contract Amount: Change Amount: $ 310.540 Revised Contract Amount: $ 1.525.170 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract: $ 461.917 1686 Date of last BCC Approval 12-14-04 Agenda Item # 16B(7) Percentage of the change over/under current contract amount 26.34 % Formula: (Current Amount I Last BCC approved amount)-1 CURRENT COMPLETION DATE (S):ORIGINAl: 06-01-04 CURRENT: 01-31-07 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide additional design services and revised Dlans for the City reuse main relocation: roadway and sidewalk realignments: construction SUDDort services: and a Traffic Signal Warrant Study. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Provide a necessary relocation: reduce costs of FPl Dole relocations: Drovide design SUDDort during construction: and Drovide a reauired study. PARTIES CONTACTED REGARDING THE CHANGE: City engineering: DeDartment head: consultant: contract sDecialisl IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable REVIEWED BY: Contra ~ This change order requires BCC approval and is on the October 25, 2005 Agenda. It will go on the Finance Log. Date: October 13,2005 E-Mailed To Bonnie: Project Name: Consulting and Design Services for Capacity Improvements to Goodlette-Frank Road tTom Golden Gate Parkway to Pine Ridge Road Project Number: 60005 BID/RFP #: 03-3509 Mod#: 4 PO#: 4500016367 Work Order Number: Contractor/Consultant: American Consulting Engineers of Florida, LLC Original Contract Amount: $ 1.063,253,00 (Starting Point) Current BCC Approved Amount: $ 1,207,230,00 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 1.214.230,00 (Including All Changes Prior To This Modification) Change Amount: $ 310.540,00 Revised Contract/Work Order Amount: $ 1.525.170,00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order::i 461.917,00 Percentage of The Change Over/Under Current Contract Amount: 26,34% % Overview of change: To provide additional design services and revise existing plans for the City of Naples reuse main relocation; roadway and sidewalk realignments; construction support services; and a Traffic Signal Warrant Study. The contract completion date has M extende to January 31 2007. tLvjD'(' JD \12> ~ Scanned Date: c Contract Specialist: Data Entry Information: Type of Change: Change Order Project Manager: Al Ruth Department: TECM Change Category Type, Circle One Below: 1. Planned or Elective 2, Unforeseen Conditions 3, Quantity Adjustments 4, Correction of Errors 5, Value Added Revised 7/11/05 ~ 6. Schedule Adjustments Scanned copies of the back up documentation may be located on the Purchasing G drive: G:/Current-Changes to Contracts G:! Current - Changes to Work Orders Revised 7/11105 1686 June 27, 2003 - Original Scope Revised November 23, 2004- Supplement No.2 SCHEDULE A SCOPE OF SERVICES HIGHWAY DESIGN GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS GOLDEN GATE P ARKW A Y to PINE RIDGE ROAD F:IProjectl5039851ladminlproj managemcntlContractlSupplemental Agreement No 41Goodlette (GGPW-PRR) Final Scope with SA 3 and 4 083105.doc 16B6 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES IDGHWAYDESIGN This Exhibit forms an integral part of the agreement between Collier County Board of County Commissioners (hereinafter referred to as the COUNTY) and American Consulting Engineers of Florida, LLC (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Project ID: 60005 Description: Widening of Goodlette-Frank Road from four lanes to six lanes between Golden Gate Parkway and Pine Ridge Road, including intersection improvements at Golden Gate Parkway and Goodlette-Frank Road. 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: · Construction of a six-lane roadway. . Construction of an improved intersection at Goodlette-Frank Road and Golden Gate Parkway · Construction of improvements to Solana Drive and Burning Tree Drive for about 500 feet in each direction from Goodlette-Frank Road. · Constrûètiöuofawåter·reuse.Une. · P"QY.ª~servicç$r4ijºUgcon$trijçijq*. The general objective is for the CONSULTANT to prepare a set of plans and specifications to be used by a contractor to build the project, and by the COUNTY to ensure that the project is constructed as designed and to the specifications. Elements of work shall include roadways, structures, intersections, geotechnical activities, supplemental surveys, drainage, signing and pavement markings, lighting, utility relocation, maintenance of traffic, cost estimates, environmental permits, environmental mitigation plans, quantity computation books, and all necessary incidental items for a complete project. The Scope of Services establishes which items of work described in the FDOT Plan Preparation Manual(s) and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. All plans and design documents are to be prepared with standard English values in accordance with all applicable Florida Department of Transportation (hereinafter referred to as FOOT) Manuals and guidelines and as directed by the COUNTY, The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required, The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation, The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to FOOT procedures, It shall be the CONSULTANT's responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. Final Goodletle-Frank Road Widening Scope With Supplement No.3 and 4 June 27, 2003, Revised November 23, 2004, Revised August 31, 2005 1686 The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans, The COUNTY will provide job specific information and/or functions as outlined in this contract. 2 PROJECT DESCRIPTION The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway Plan Type: Plan/Profile Typical Section: Design will provide for a six-lane urban roadway within existing right of way, including sidewalks and bike lanes on both sides where feasible. Limits: Goodlette-Frank Road (CR 851), from the south limits of the Golden Gate Parkway intersection to the south side of the Pine Ridge Road intersection, a distance of approximately 2,75 miles, Maior Intersections: The Goodlette-Frank Road/Golden Gate Parkway intersection improvement will require additional plan sheets, An alternatives analysis shall be prepared at the Goodlette-Frank Road/Golden Gate Parkway intersection that includes an auxiliary roadway north of the bank building and / or south of Stoney's Plaza, Intersection delay studies and capacity analyses will be required at signalized intersections and are to be included in this Scope of Services. Traffic Control Plans: Typical Sections, Detail Sheets and Plan Sheets on phasing. 2.2 Drainage The drainage design for the proposed improvements to Goodlette-Frank Road shall be performed in two phases, Phase I will consist of a conceptual drainage analysis; Phase 2 will consist of the design and permitting of the roadway drainage system, Phase 2 services will be optional and will be performed only upon written authorization from the COUNTY, Phase 1 consists of the following activities: 1) Review the drainage study of the Gordon River Drainage Basin that is currently being completed by the COUNTY, Design data and recommendations included in the study shall be incorporated into the Goodlette-Frank Road improvements as directed by the COUNTY. The CONSULTANT is not required to analyze or verify the design data included in the study, but will be required to perform a constructability and reasonableness review of the study recommendations as they pertain to the roadway improvements. 2) Coordinate with the COUNTY on the implementation of the recommended improvements included in the Gordon River Drainage Basin study, 3) Evaluate on-site and off-site options for providing water quality treatment and attenuation for the additional pavement added in the median of Goodlette-Frank Road, 4) Evaluate the existing drainage system on Golden Gate Parkway immediately west of Goodlette-Frank Road to determine if improvements can be made to the Golden Gate Parkway drainage system as part of the Golden Gate Parkway / Goodlette-Frank Road Final Goodlette-Frank Road Widening Scope A-2 June 27, 2003, Revised November 23, 2004, Revised August 31, 2005 lbBb intersection improvements, This scope of work does not include any design associated with potential improvements on Golden Gate Parkway west of Goodlette-Frank Road, 5) Prepare a technical memorandum summarizing the analysis performed above, Upon completion of the Phase I drainage analysis, the specific drainage design scope of work and fee for the project will be negotiated, Phase II consists of the following OPTIONAL activities: I) Complete the design and prepare construction plans for the Goodlette-Frank Road drainage system. An interceptor pipe located along the westside of the roadway will be designed to collect all runoff from the Goodlette-Frank Road pavement. Stormwater treatment/attenuation facilities will be provided at Royal Poinciana County Club and at the County owned Fleischmann property in the northeast quadrant of Goodlette-Frank Road / Golden Gate Parkway intersection, 2) Prepare and submit permit applications, 3) The optional drainage design services may include additional geotechnical and survey services that will be included in the optional design services, The stormwater system will be designed to meet the permitting requirements of all permitting agencies, Stormwater system design will consider best management practices, open, closed, ditches, ponds, exfiltration, etc, or a combination thereof, within the existing right of way. If the COUNTY determines that runoff cannot be economically treated within the existing Goodlette-Frank Road right of way and directs the CONSULTANT to design off-site ponds, that additional design will be considered additional design services. The design of drainage ponds and ditches to accommodate runoff from new roadway alignments at the Goodlette- Frank Road/Golden Gate Parkway intersection will be part of this scope of work, The scope of work for BASIC services does not include the analysis of existing drainage features or the design of improvements east ofthe Goodlette-Frank Road right of way, 2.3 Utility Coordination The CONSULTANT will: I) IdentifY and accurately locate all public and private utilities within the project limits, Subsurface Utility Excavations (SUE) shall be obtained by the CONSULTANT. 2) Coordinate with all utility owners on this Project. 3) IdentifY needs to relocate, modifY and/or leave in place, Design of the necessary modifications and relocations of Collier County and City of Naples utilities, such as water, sanitary sewer, storm sewer, reclaimed water, etc will be considered an Optional Service, The exact scope of work and fee will be determined once the level of work is known. 2.4 Permits The CONSULTANT will: 1) IdentifY all needed permits. 2) Obtain COUNTY approval on decisions regarding, or modifications to, penl1its, 3) IdentifY, coordinate and obtain permits necessary associated with facilities owned by the City of Naples that will be affected by the proposed work, Final Goodlette-Frank Road Widening Scope A-3 June 27, 2003, Revised November 23,2004, Revised August 31,2005 16Bb 4) Obtain COUNTY review prior to submittal of applications and designs to the pennitting agency, 5) The CONSULTANT will be responsible for ensuring that all required environmental assessments and surveys are perfonned, 6) Obtain all necessary permits including, but not limited to: Environmental Resource Penn it from the South Florida Water Management District and the Army Corps of Engineers; and National Pollutant Discharge Elimination System Penn it from the Florida Department of Environmental Protection and the Environmental Protection Agency, 7) Conduct an archaeological study in order to obtain clearance from the Florida Department of Historical Resources for the proposed improvements on the Fleischman property in the northeast quadrant of Golden Gate Parkway and Goodlette-Frank Road, (SA 3) A COUNTY representative will be present at all meetings with regulatory agencies. 2.5 Structures The CONSULTANT will analyze and design structures as follows: Gravity Walls: In order to provide for turning movements at intersections along Goodlette- Frank Road, it may be necessary to construct retaining walls. Gravity walls will be utilized, where appropriate, Miscellaneous: In order to provide for the turning movements at intersections, it may be necessary to extend existing box culverts on side roads, Other miscellaneous structure services could include, but not limited to, culvert extensions, foundations, mast anns, lighting, and barrier walls as determined during design, 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings, The need, number and locations of sign structures; i.e" cantilevers, overhead, etc" signing and pavement markings shall be determined during the design process, This scope of services will include the design of up to three cantilever and/or overhead sign structures, 2.7 Traffic Noise Study The CONSULTANT will perfonn an analysis of potential traffic noise effects upon adjacent properties from the proposed roadway capacity improvement. In areas where noise abatement is warranted, the CONSULTANT shall provide preliminary designs and cost estimates for noise abatement facilities, At the direction of the COUNTY, the CONSULTANT will prepare noise abatement facility construction plans to mitigate traffic noise to acceptable levels, Plan preparation of noise abatement facilities will be considered additional services. The TNM model shall be used in the noise analysis, 2.8 Maintenance of Traffic (MOT) The CONSULTANT will prepare a schematic MOT plan that will assist the project's construction contractor in the preparation of their bid and subsequent preparation of a detailed MOT plan, The CONSULTANT's schematic MOT plan shall specify: minimum standards, acceptable lane closure restrictions, access considerations, phasing, time and duration considerations. The schematic MOT plans shall meet the requirements of FOOT Level 1 plans, 2.9 Signals & Lighting Intersections: There are signalized intersections at Golden Gate Parkway, 22nd Avenue North, Royal Poinciana Drive, Solana Road and Granada Boulevard, Signalization is to be removed from the Royal Poinciana Drive intersection by others prior to construction of the Final Goodlette-Frank Road Widening Scope A-4 June 27, 2003, Revised November 23, 2004, Revised August 31,2005 16Bb Goodlette-Frank Road widening improvements, Where feasible, strain pole systems will be replaced with mast arm systems, The 22nd Avenue North intersection may need to be modified' from a three-way intersection to a four-way intersection, New signals shall be designed at Ohio Street and the entrance to Wilderness County Club, Lif!:hting: Street lighting currently exists within the project limits. The CONSULTANT will evaluate the existing lighting, and where necessary, design the modification or replacement of the existing lighting due to turn lane modifications such that the poles, fixtures and illumination provided are consistent with current County and state design standards, New lighting will be provided along new roadway alignments at the Goodlette-Frank Road/Golden Gate Parkway intersection, New lighting will be provided on both sides of Goodlette-Frank Road, 2.10 Landscape Architecture Planting Plans: The CONSULTANT shall specifY the use of special median soils in areas of future plantings, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Irrigation Plans: The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future landscaping, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Hardscape Plans: The CONSULTANT shall provide design of sidewalks to provide connection, where feasible, throughout the project. The CONSULTANT will specifY brick pavers in lieu of concrete median separators, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. 2.11 Survey A baseline topographical survey for the project will be provided by the COUNTY. The baseline will be signed and sealed by a Florida licensed professional land surveyor, Electronic copies of the survey will be provided to the CONSULTANT, The CONSULTANT shall obtain additional survey required for the project such as boring locations and any specific survey data not provided by the COUNTY. 2.12 Right of Way Right of way will be required for the construction of improvements to the Goodlette-Frank Road / Golden Gate Parkway intersection, It is assumed right of way will be obtained from four parcels in the northeast quadrant of the intersection, 2.13 Geotechnical The CONSULTANT will provide borings and laboratory testing of soils in accordance with FOOT guidelines for roadway, structures, ponds, lighting, etc, 2.14 Phased Construction At the discretion of the COUNTY, the project may be bid and/or constructed in multiple phases, Should the COUNTY require that the project be bid and/or constructed in more than one phase, the CONSULTANT will negotiate with the COUNTY any additional fees required to perform any additional work associated with the proposed phased construction, 2.15 Specifications Package The CONSULTANT will prepare the specifications package in accordance with FOOT and COUNTY procedures, The COUNTY will provide completed "front end" specification sections, Final Goodlette-Frank Road Widening Scope A-5 June 27, 2003, Revised November 23,2004, Revised August 31,2005 ---------~-^._- 16B6 2.16 Project Schedule The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design, The schedule shall indicate, at a minimum, submission dates for 30%, 60%, 90% and 100%, and all other required submittals, The schedule shall allow two weeks for the COUNTY's review of the 30% and 100% plans and three weeks for the review of the 60% and 90% plans, 2.17 Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans, The CONSULTANT shall provide the COUNTY sets of design plans for distribution, including two sets each for the City of Naples, as follows: 1) 30% 8 sets 2) 60% 10 sets 3) 90% 12 sets 4) 100% 12 sets The CONSULTANT shall furnish a camera-ready set of plans and specifications to the COUNTY at 100% completion. The size ofthe final plans shall be 11" x 17", All electronic (digital) files of final plans and specifications will be submitted to the County on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional AutoCad (,dwg) software format, and also plotted or scanned to an Adobe Acrobat (,pdt) format. 2.18 Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FOOT manuals, memorandums, and guidelines, 2.19 Sen'ices to be Performed by the COUNTY The COUNTY will provide those services and materials as set forth below: 1) Regarding Environmental Permitting Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract; b )provide the appropriate signatures on application forms, 2) Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY, 3) The COUNTY will provide design traffic for the corridor and the Golden Gate Parkway/Goodlette-Frank Road intersection to be used by the CONSULTANT for alternatives analysis, signalization and queue length determinations, 4) Provide reviews of roadway plans during the various stages of plan development. S) All future information that may come to the COUNTY during the term of the CONSUL T ANT's Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work, 6) Provide a baseline topographic survey of the project area for CONSULTANT's use in project plan development, 7) Project data currently on file. 8) County standards and review services. Final Goodlette-Frank Road Widening Scope A-6 June 27,2003, Revised November 23, 2004, Revised August 31, 2005 16B6 9) All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction, 10) All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right-of-way. 11) Existing right-of-way maps, 12) Property values for parcels designated by the CONSULTANT for potential acquisition. 13) Completed front-end construction document sections required for bidding and construction, 14) (included in item 8) 2.20 Supplemental Consideration The COUNTY may negotiate engineering inspection services with the CONSULTANT prior to construction as part of the professional service being solicited, Specifically, engineering inspection would require designating a qualified person(s) to oversee construction activities, document construction activities and progress, and communicate directly with COUNTY staff, 2.21 $~l'Vi¢~~!'O~Î'iijgçºg.~(tijcti()11 prepa other 3 PROJECT GENERAL TASKS 3.1 Public Involvement Public involvement is an important aspect of the project development process, Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project and the City of Naples shall be kept informed about the project. Four Public Meetings will be held on this project, one after each design phase, with the last being a Construction Kick-off Meeting, In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULTANT shall anticipate participation in eight additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services, 3.2 Coordination Meetings Prior to printing of the review plans at each of the 30%, 60% and 90% design stages, an advanced discussion of the project will take place at a Coordination Meeting, The Designer will provide County Staff with review "draft" copies of the plans drawings two weeks in advance of the coordination meeting, The meeting will be conducted to provide input into the design prior to printing it for full review, The Designer will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations, Final Goodlette-Frank Road Widening Scope A-7 June 27, 2003, Revised November 23,2004, Revised August 31,2005 .'-'-'--"-"--'~-----'--"-"------- lbBb - 3.3 Joint Project Agreements This scope of work does not include preparation of Joint Project Agreements, 3.4 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work, The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2000 format, for proper completion of the specifications preparation task, The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications, The specification package shall be based on the 2004 edition of FOOT's Standard Specifications for Road and Bridge Construction as modified by COUNTY specification requirements, The specification package may include Special Provisions or Supplemental Specifications as directed by the COUNTY, The COUNTY will provide the completed front- end contract document sections, The FOOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements, Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package, Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at the time of the 90% plan review submission to the Project Manager, All comments will be returned to the CONSULTANT for correction and resolution, The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date, This submittal does not require signing and sealing, Submittal material shall consist of the following items: I.) The printed specifications package (one side only and properly numbered), 2,) A copy of the final project plans, The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes, The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY. 3.5 Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsultant agreements, etc, 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time, Meetings required for each Activity are included in the meetings section for that specific Activity, S~t"Y,¢~sID"riijgi~ºn~to.ç~iºn Final Goodlette-Frank Road Widening Scope A-8 June 27, 2003, Revised November 23,2004, Revised August 31,2005 16B6 PRO.TECT COMMON TASKS These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 21, Proiect Research: The CONSULTANT shall perform research of existing PUD and DR! documents for developments adjacent to the project for commitments regarding Right of Way, Stormwater Management, Roadway Improvements or any other commitments involving the interests of the COUNTY, All existing PUD and DR! documents will be assembled into a Project Commitment Report and submitted to the COUNTY for their review with the 30% Plans, Cost Estimates: The CONSUL T ANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate if any scope changes occur and/or at a milestone of the project. A Summary of Pay Items sheet shall be prepared with the 60%, 90%, and 100% plans. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions, Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements, The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY, All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions, The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-l/2"xll" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project. Technical Meetings: Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, railroad companies, progress review meetings (phase review), and miscellaneous meetings, Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review, Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design review consultants, The purpose of CONSULTANT plan reviews is to ensure that the CONSULTANT's plans follow the plan preparation procedures outlined in the FDOT Plans Preparation Manual, that state and federal design criteria are followed consistent with the COUNTY concept, and that the CONSULTANT submittals are complete, The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verifY, independently check, and review all maps, design drawings, specifications, and other documentation prepared as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verifY that the required procedures were followed, The Quality Control Plan may be one utilized by the CONSULTANT as part of their normal operation or it may be one specifically designed for this project, The CONSULTANT shall submit a Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed, A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, signals, geotechnical, signing and marking, lighting, surveys, etc) and a written resolution of comments on a point by point basis will be required with each review stage submittal. The responsible Final Goodlette-Frank Road Widening Scope A-9 June 27, 2003, Revised November 23, 2004, Revised August 31, 2005 lóBó Professional Engineer, Landscape Architect or Professional Surveyor that performed the Quality Control review will sign a statement certifying that the review was conducted, The CONSULTANT shall through all stages of design and project construction, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services, Requests for Information (RFI's) from the COUNTY or the project's construction contractor regarding plan or specification deficiencies, ambiguities or conflicts shall be resolved to the satisfaction of the COUNTY without additional compensation to the CONSULTANT from the COUNTY, Independent Peer Review: Independent Peer Reviews are not required, Supervision: Includes all efforts required to supervise all technical design activities, Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents, 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums, 4.1 Typical Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the 30% plan review submittal. 4.2 Pavement Design Package The COUNTY shall provide the standard pavement section(s) to be utilized for the improvements, The CONSULTANT shall verify the standard design is adequate for use on this project. 4.3 Access Management The CONSULTANT shall review adopted COUNTY and FOOT access management standards and the existing access conditions, Existing access that will be closed, relocated or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the 60% plans submittal. 4.4 Horizontal/Vertical Master Design Files The CONSULTANT shall design the geometries using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, PD&E documents and scope of work. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the CADD manual. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction, The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations, Special consideration shall be given to the construction of the drainage system when developing the construction phases, Positive drainage must be maintained at all times, Final Goodlette-Frank Road Widening Scope A-lO June 27, 2003, Revised November 23,2004, Revised August 31, 2005 1686 The CONSULTANT shall investigate the need for temporary traffic signals, temporary lighting, alternate detour roads, and the use of materials such as sheet piling in the analysis, The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by the FOOT. 4.7 Master TCP Design Files - Not applicable 4.8 Design Variations and Exceptions - Not applicable 4.9 Design Documentation The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope, The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans, The design notes, data, and computations shall be recorded on size 8-1/2 "x 11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8-1/2"xll" size, The data shall be in a hardback folder for submittal to the COUNTY, 4.10 Computation Book and Quantities The CONSULTANT shall prepare the computation book and various summary of quantities sheets, This includes all efforts required to develop the computation book and the supporting documentation, including construction days when required, 4.11 Cost Estimate 4.12 Technical Special Provisions 4.13 Field Reviews 4.14 Technical Meetings 4.15 Quality Assurance/Quality Control 4.16 Independent Peer Review 4.17 Supervision 4.18 Coordination 5 ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sheets, notes, and details, The COUNTY's intent is to maximize the reuse of existing pavement and curb, The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction: 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map Not applicable, 5.4 Typical Section Sheets 5.5 General NoteslPay Item Notes 5.6 Summary of Quantities 5.7 Box Culvert Data Sheet Final Goodlette-Frank Road Widening Scope A-II June 27, 2003, Revised November 23,2004, Revised August 31,2005 16B6 5.8 Summary of Drainage Structures 5.9 Optional Pipe/Culvert Material Not applicable 5.10 Project Layout Not applicable 5.11 Plan/Profile Sheet Plan/Profile sheets shall be used for both the widening of Goodlette- Frank Road and new roadway alignments at the Goodlette-Frank Road/Golden Gate Parkway intersection, 5.12 Special Profile Not applicable, 5.13 Intersection Layout Details 5.14 Miscellaneous Detail Sheets 5.15 Drainage Structure Sheet 5.16 Miscellaneous Drainage Detail Sheets 5.17 Lateral Ditch Plan/Profile Not applicable 5.18 Lateral Ditch Cross Sections Not applicable 5.19 Retention/Detention Ponds Detail Sheets 5.20 Retention Pond Cross Sections 5.21 Cross-Section Pattern Sheet Not applicable 5.22 Roadway Soil Survey Sheet 5.23 Cross Sections will be provided for both new alignments and the widening of Goodlette- Frank Road, 5.24 Traffic Control Plan Sheets (Levell MOT plans) 5.25 Traffic Control Cross Section Sheets (Level I MOT includes Typical Sections) 5.26 Traffic Control Detail Sheets 5.27 Utility Adjustment Sheets Not applicable 5.28 Selective Clearing and Grubbing Not applicable 5.29 Erosion Control Plan 5.30 Storm Water Pollution Prevention Plan (SWPPP) 5.31 Project Control Network Sheet Not applicable 5.32 Interim Standards 5.33 Utility Verification Sheet (SUE Data) 5.34 Quality Assurance/Quality Control 5.35 Supervision 6 DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable Manuals, guidelines, standards, handbooks, procedures, and current design memorandums, The CONSULTANT shall be responsible for designing a drainage and storm water management system, All design work shall comply with the requirements of the appropriate regulatory agencies Final Goodlette-Frank Road Widening Scope A-12 June 27, 2003, Revised November 23,2004, Revised August 31,2005 1686 and the FDOT's Drainage Manual. Coordinate fully with the appropriate permitting agencies, City of Naples, and the COUNTY's staff, The Gordon River Basin is currently under study by a consultant under contract with the COUNTY, The CONSULTANT will coordinate the project drainage designs with the Gordon River Basin study as much as possible within the existing project right of way, All data and recommendations included in the study shall be utilized in the Goodlette-Frank Road improvements as directed by the COUNTY. Analysis or verification of data or recommendations included in the study is not included in this scope of services. The CONSULTANT will evaluate the study recommendations for constructability and reasonableness with respect to the roadway improvement project. All drainage work along Goodlette-Frank Road shall be within the existing roadway right of way. Drainage work required outside the Goodlette-Frank Road right of way will be considered additional services, except for drainage work associated with new roadway alignments at the Goodlette-Frank Road/Golden Gate Parkway intersection, The work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation Analyze, detennine and document high water elevations which will be used to set roadway profile grade, Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stonnwater ponds, Detennine groundwater elevations at intervals between the above mentioned surface waters, 6.2 Pond Site Analysis Report Evaluate pond sites using a preliminary hydrologic analysis, Document the results and coordination for all of the project's pond site analyses, The FDOT Drainage Manual provides specific documentation requirements, 6.3 Design of Cross Drains Cross drain sizes will be provided in the Gordon River Drainage Study, The CONSULTANT will evaluate the study recommendations for constructability and reasonableness with respect to the roadway improvement project. Existing cross drains will be replaced with new conduits consistent with the recommendations of the study and the CONSULTANT'S review findings, and as directed by the COUNTY. 6.4 Design of Roadway Ditches and Canals Design roadway conveyance ditches and canals, including the modifications of existing tàcilities, This includes detennining ditch and canal cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation, 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls that may be required for new roadway alignments at the Goodlette-Frank Road/Golden Gate Parkway intersection. 6.6 Design of Stormwater Management Facility (Off site Ponds or Alternative Methods) Design stonnwater management facilities to meet requirements for stonnwater quality treatment and attenuation, Develop proposed pond layout (shape, contours, slopes, etc,), do routing calculations, and design the outlet control structure, Design alternative stormwater facilities to avoid pond sites and the acquisition of additional right of way, The location of stormwater treatment and attenuation tàcilities along Goodlette-Frank Road for the widened pavement will be detennined as part of the Phase 1 drainage analysis, Stormwater treatment and attenuation for the new roadway alignment at the Goodlette-Frank Road/Golden Gate Parkway intersection may be in ponds or roadside ditches, Final Goodlelte-Frank Road Widening Scope A-13 June 27, 2003, Revised November 23, 2004, Revised August 31,2005 16B6 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) Design stonnwater management facilities to meet requirements for stonnwater quality treatment and attenuation, Develop proposed pond layout (shape, contours, slopes, etc,), do routing calculations, and design the outlet control structure, The location of stonnwater treatment and attenuation facilities along Goodlette-Frank Road for the widened pavement will be determined as part of the Phase I drainage analysis, Stormwater treatment and attenuation for the new roadway alignment at the Goodlette-Frank Road/Golden Gate Parkway intersection may be in ponds or roadside ditches, 6.8 Design of Flood Plain Compensation Area Detennine flood plain encroachments, coordinate with regulatory agencies, and develop proposed compensation area layout (shape, contours, slopes, etc,), Document the design following the requirements of the regulatory agency, 6.9 Design of Storm Drains Develop a "working drainage map," detennine runoff, inlet locations, and spread, Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses), Determine Design Tailwater and, if necessary, outlet scour protection, The existing stonn drainage system on Goodlette-Frank Road is assumed to have adequate capacity to accommodate the additional runoff from the widened pavement. Redesign of the existing system will be considered additional services and not included in this Scope of Services, 6.10 Optional Culvert Material Not applicable, 6.11 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Pond Siting Analyses and Report and Bridge Hydraulics Report, 6.12 Cost Estimate 6.13 Technical Special Provisions 6.14 Field Reviews 6.15 Technical Meetings 6.16 Quality Assurance/Quality Control 6.17 Independent Peer Review 6.18 Supervision 6.19 Coordination 7 UTILITIES The CONSULTANT shall identifY utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY's construction project. The CONSULTANT shall certifY all utility negotiations have been completed with arrangements made for utility work to be undertaken, Final Goodlette-Frank Road Widening Scope A-14 June 27,2003, Revised November 23, 2004, Revised August 31, 2005 1686 7.1 Kickoff Meeting CONSUL T ANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Existing UAO(s) IdentifY all utilities in the corridor; check with Maintenance for Pemits, Sunshine State One Call, Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans, 7.3 IndividuaIlField Meetings Make Utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination, Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions, Include the meeting schedule (if applicable) and the design schedule, Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of 30% plans to each UAO having facilities located within the project limits, and one set to the COUNTY. Third Contact: IdentifY agreements and assemble packages, Send agreements, letters and two sets of plans to the UAO(s) including all component sets, one set for the utility office, one set to construction and maintenance if required, Include the design schedule, Not all projects will have all contacts as described above, 7.4 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notifY participants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow- up infomation on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities, This is also an opportunity for the UAO(s) to present proposed facilities, The CONSUL T ANT shall keep accurate minutes and distribute a copy to all attendees, 7.5 IndividuaIlField Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules, The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting, 7.6 Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest, Easements, Coordinate, Analyze), Ensure infomation (utility type, material and size) is sent to the designer for inclusion in the plans, Coordinate programming of funds, 7.7 Utility Design Meeting Prior to the meeting, the CONSULTANT shall transmit two complete sets of 60% plans to each UAO having facilities located within the project limits, and one set to the COUNTY, The CONSULTANT shall schedule (time and place), notifY participants, and conduct a Utility meeting with all affected UAO(s), The CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide Final Goodlette-Frank Road Widening Scope A-I5 June 27, 2003, Revised November 23, 2004, Revised August 31,2005 1686 follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc" to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO, The intent of this meeting shall be to identifY and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details, Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.8 Review Utility Markups, Work Schedules, Processiug of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review. Distribute Executed Final Documents. Prepare Work Order for UAO(s). Coordinate programming of funds, 7.9 Utility CoordinationlFollow-up This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements, Includes phone calls, face-to-face meetings, etc" to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule, Ensure the resolution of all known conflicts, This task can be applied to all phases of the project. 7.10 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. 7.11 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting, Transmittals to UAO(s) are by certified mail, return receipt requested, 7.12 Certification/Close-Out The CONSULTANT shall certifY to the appropriate COUNTY representative one of the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule, OR An on-site inspection was made and no utility work will be involved, OR Plans were sent to the Utility Companies/Agencies and no utility work is required, 7.13 ReûseWaterLine Final Goodlette-Frank Road Widening Scope A-16 June 27, 2003, Revised November 23,2004, Revised August 31, 2005 1686 8 ENVIRONMENTALPERNDTS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings, 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies, including U,S, Fish and Wildlife Service, Florida Department of State Division of Historical Resources, Florida Fish and Wildlife Conservation Commission an Florida Natural Areas Inventory to assure that design efforts are properly directed toward permit requirements, 8.2 Complete Permit Involvement Form The CONSULTANT shall document permit involvement in coordination with the Permit Coordinator and COUNTY Project Manager, To be done upon completion of preliminary project research, 8.3 Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. 8.4 Agency Verification of Wetland Data The CONSULTANT shall be responsible for verification of wetland data identified ill Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies, 8.5 Complete and Submit All Required Permit Applications I) The CONSULTANT shall prepare permit packages as identified in the Project Description section, 2) The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct a project. 3) The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work, 8.6 Prepare Dredge and Fill Sketches Not applicable 8.7 Prepare USCG Permit Sketches Not applicable 8.8 Prepare Easement Sketches Not applicable 8.9 Prepare Right-of-Way Occupancy Sketches Not applicable 8.10 Prepare Tree Permit Information Not applicable 8.11 Mitigation Coordination and Meetings Not applicable The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies, Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies, Final Goodlette-Frank Road Widening Scope A-17 June 27, 2003, Revised November 23, 2004, Revised August 31, 2005 1686 8.12 Environmental Clearances The CONSULTANT shall prepare clearances for all roadway right of way acquisition, pond and/or mitigation sites identified, Archaeological and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond and/or mitigation sites and prepare a Cultural Resource Assessment Request Package, Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. Threatened and Endangered Species Analysis: The CONSULTANT shall collect data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites, Phase One Environmental Audit! Assessment: The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for the pond and/or mitigation sites and complete the Contamination Screening Evaluation Report for property acquired for the new roadway alignment at the Goodlette-Frank Road/Golden Gate Parkway intersection, Stormwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stormwater Pollution Prevention Plan and obtain the FDEP and EP A NPDES Permits, 8.13 Technical Meetings 8.14 Quality Assurance/Quality Control 8.15 Supervision 8.16 Coordination 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS Analyze and design all structures in accordance with applicable provisions as defined in Section 2,16, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans, The design calculations submitted shall adequately address the complete design of all structural elements, These calculations shall be neatly and logically presented on 8Y2"xll" paper (where possible) and all sheets shall be numbered, The final design calculations shall be signed and sealed by a Florida-registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task, 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Computation Book and Quantities Final Goodlette- Frank Road Widen ing Scope A -18 June 27, 2003, Revised November 23,2004, Revised August 31, 2005 16B6 9.7 Cost Estimate 9.8 Technical Special Provisions 9.9 Field Reviews 9.10 Technical Meetings 9.11 Quality Assurance/Quality Control 9.12 Independent Peer Review 9.13 Supervision 9.14 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT - Not applicable 11 STRUCTURS - TEMPORARY BRIDGE - Not applicable 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE - Not applicable 13 STRUCTURES - MEDIAN SPAN CONCRETE BRIDGE - Not applicable 14 STRUCTURES - STRUCTURAL STEEL BRIDGE - Not applicable 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE - Not applicable 16 STRUCTURES - MOVABLE SPAN 17 STRUCTURES - RETAINING WALL 17.1 Key Sheets 17.2 Horizontal Wall Geometry 17.3 to 17.10 Not used 17.11 Design 17.12 Vertical Wall Geometry 17.13 General Notes 17.14 Wall Plan and Elevations (Control Drawings) 17.15 Sections and Details 17.16 Reinforcing Bar List 18 STRUCTURES-NUSCELLANEOUS CONCRETE Box CULVERTS 18.1 Concrete Box Culverts 18.2 Concrete Box Culverts Extensions 18.3 Not used 18.4 Not used MAST ARMS 18.5 Mast Arms OVERHEAD/CANTILEVER SIGN STRUCTURES Final Goodlette-Frank Road Widening Scope A-19 June 27,2003, Revised November 23, 2004, Revised August 31,2005 1686 18.6 - 18.10 Not used IDGH MAST LIGHT FOUNDATIONS 18.11 High Mast Lighting Structures SOUND BARRIER WALLS (GROUND MOUNT) 18.12 Horizontal Wall Geometry 18.13 Vertical Wall Geometry 18.14 Semi-Standard Drawings 18.15 Control Drawings 18.16 Design for Wall Height Covered by Standards 18.17 Design for Wall Height not Covered by Standards 18.18 Aesthetic Details 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums, 19.1 Traffic Data Analysis Perfonn queue analysis, The COUNTY will provide the design traffic data. 19.2 No Passing Zone Study Not applicable 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files, 19.4 Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FOOT's Multi- Post Sign Program(s), 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs, 19.6 Sign Lighting/Electrical Calculations Includes the verification of photometries on lighted, load center and voltage drop calculations. 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions 19.11 Field Reviews 19.12 Technical Meetings 19.13 Quality Assurance/Quality Control 19.14 Independent Peer Review Final Goodlette-Frank Road Widening Scope A-20 June 27, 2003, Revised November 23,2004, Revised August 31,2005 16B6 19.15 Supervision 19.16 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULT ANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following: 20.1 Key Sheet 20.2 Summary of Pay Items Including CES Input 20.3 Tabulation of Quantities 20.4 General NoteslPay Item Notes 20.5 Project Layout 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site Not applicable 20.10 Cross Sections 20.11 Special Service Point Details 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision Overhead Sign Structure Sheet and Soil Boring Sheet are prepared in other activities of this scope, 21 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks for the existing Traffic Signal System at the intersection of Goodlette-Frank Road and Golden Gate Parkway for modifications needed to accommodate the six-lane configuration in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums, 21.1 Systems Timings The CONSULTANT shall determine proper coordination timing, 21.2 Reference and Master Interconnect Communications Design File The CONSULTANT shall design r nterconnect Communications 21.3 Quantities 21.4 Cost Estimate 21.5 Technical Special Provisions Final Goodlette-Frank Road Widening Scope A-21 June 27, 2003, Revised November 23,2004, Revised August 31,2005 1686 21.6 Field Reviews 21.7 Technical Meetings 21.8 Quality Assurance/Quality Control 21.9 Supervision and Coordination 22 SIGNALIZATION PLANS The CONSULTANT shall prepare a set of Signalization Plans in accordance with the FOOT Plans Preparation Manual, which includes the following: 22.1 Key Sheet 22.2 Summary of Pay Items Including CES Input 22.3 Tabulation of Quantities 22.4 General NoteslPay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site 22.8 Guide Sign Worksheet 22.9 Special Details 22.10 Special Service Point Details 22.11 Utility Conflict Sheet 22.12 Interim Standards 22.13 Quality Assurance/Quality Control 22.14 Supervision 23 LIGHTING ANALYSIS The CONSULTANT shall evaluate the existing lighting system, Lighting system modifications, supplementation and/or replacements may require the following tasks that shall be performed in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design: 23.1 Lighting Justification Report _ Not applicable 23.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report, The report shall be submitted under a separate cover prior to the 60% plans submittal. The report shall provide analyses for each typical section of the mainline, typical section for the ramps (one and/or two lanes), interchanges, underdeck lighting, and arterial roads. Each lighting calculation shall be properly identified as to the area that it covers, The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use, Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths, Each alternative shall be provided with Final Goodlette-Frank Road Widening Scope A-22 June 27, 2003, Revised November 23, 2004, Revised August 31,2005 1. bB b a cost estimate that includes initial cost in addition to operations and maintenance cost for one year, After approval of the preliminary report the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 23.3 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values, The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County, Load analysis calculations shall be submitted for each branch circuit breaker and main breaker, 23.4 FDEP Coordination and Report Not applicable 23.5 Reference and Master Design Files The CONSUL T ANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 23.6 Design Documentation The CONSULTANT shall submit a Roadway Lighting Design Documentation Book with each lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: 1) Lighting Calculations. 2) Back up sheet for each bid item quantity total on each lighting plan sheet. 3) Phase submittal checklist. 4) Three-way quantity check list. 5) Structural calculation for special conventional pole concrete foundations 6) Letter to the power company requesting service. 7) Power company confirmation letter on the requested services, 8) Voltage drop calculations. 9) Load analysis calculations, 23.7 Quantities 23.8 Cost Estimate 23.9 Technical Special Provisions 23.10 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review, The review should include but is not limited to the following: I) Existing Lighting Equipment. 2) Load Center, Capabilities and Condition/Age. 3) Condition of Lighting Structure(s) Final Goodlette-Frank Road Widening Scope A-23 June 27,2003, Revised November 23, 2004, Revised August 31,2005 1686 23.11 Technical Meetings 23.12 Quality Assurance/Quality Control 23.13 Independent Peer Review 23.14 Supervision 23.15 Coordination 24 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet Including CES Input 24.3 Tabulation of Quantities 24.4 General NoteslPay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details 24.11 Traffic Control Plan Sheets 24.12 Interim Standards 24.13 Quality Assurance/Quality Control 24.14 Supervision 25 LANDSCAPE ARCIDTECTURE ANALYSIS - Not applicable 26 LANDSCAPE ARCIDTECTURE PLANS - Not applicable 27 SURVEY The COUNTY will provide the CONSULTANT with a baseline topographic survey provided under separate contract. The baseline survey will be provided in the form of hard copy plan drawings and computer files in Autodesk Land Development Desktop (.dwg) format. The surveying was conducted for the purpose of providing existing topographic and utility features to advance design. The CONSUL TANT will supplement this survey with site-specific data gathering in the process of developing the design of this project. The CONSULTANT will notifY the COUNTY if errors or omissions are found in the data. The CONSULTANT will provide additional survey related services as specified herein, 27.1 Review of Survey Review survey provided by the COUNTY for quality and quantity of information gathered with respect to the needs of the project, Review right of way locations, property line Final Goodlette-Frank Road Widening Scope A-24 June 27,2003, Revised November 23, 2004, Revised August 31, 2005 168 6 I locations, and utility locations and identification. The CONSULTANT will notify the COUNTY immediately of any missing or inaccurate survey information 27.2 Digital Terrain Model (DTM) Survey information provided by the COUNTY shall be inserted into the project plans by the CONSULTANT, and used to generate an accurate digital terrain model of the project area suitable for the CONSULTANT's project design purposes, 27.3 Pond Site Survey CONSULTANT shall survey ponds sites as needed, 27.4 Mitigation Survey - Not applicabile 27.5 Geotechnical Support Perform 3-dimensional (X,Y, Z) field location, or stakeout, of boring sites established by geotechnical engineer, Includes field edits, analysis and processing of all field collected data and/or reports. 27.6 Supervision All Survey work performed by the CONSULTANT shall be certified by professional surveyor registered in the State of Florida, 27.7 Coordination 28 PHOTOGRAMMETRY - Not applicable 29 MAPPING The CONSULTANT will be responsible for the preparation of control survey maps, right of way maps, maintenance maps, sketches, other miscellaneous survey maps, and legal descriptions as required for this project in accordance with all applicable FOOT Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to FOOT size and format requirements utilizing FDOT approved software, and will be designed to provide a high degree of uniformity and maximum readability, The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated, Final Goodlette-Frank Road Widening Scope A-25 June 27, 2003, Revised November 23,2004, Revised Augusl31, 2005 16B6 MASTER CADD FILE 29.1 Alignment 29.2 Section and 1/4 Section Lines 29.3 Subdivisions 29.4 Existing Right of Way 29.5 Topography 29.6 Parent Tract Properties and Existing Easements 29.7 Proposed Right of Way Requirements The ENGINEER OF RECORD (EOR) will provide the proposed requirements. The PSM is responsible for calculating the final geometry, 29.8 Limits of Construction The limits of construction DGN file as provided by the EOR will be imported or referenced to the master CADD file, Additional labeling will be added as required, The PSM is required to advise the EOR of any noted discrepancies between the limits of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is determined, 29.9 Jurisdictional/Agency Lines These lines may include but are not limited to jurisdictional, wetland, water boundaries, and city/county limit lines, SHEET FILES 29.10 Control Survey Cover Sheet 29.11 Control Survey Key Sheet 29.12 Control Survey Detail Sheet 29.13 Right of Way Map Cover Sheet 29.14 Right of Way Map Key Sheet 29.15 Right of Way Map Detail Sheet 29.16 Maintenance Map Cover Sheet Not applicable 29.17 Maintenance Map Key Sheet Not applicable 29.18 Maintenance Map Detail Sheet Not applicable Final Goodlette-Frank Road Widening Scope A-26 June 27, 2003, Revised November 23,2004, Revised August 31, 2005 1686 29.19 Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.20 Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles, This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.21 Table of Ownerships Sheet MISCELLANEOUS SURVEYS AND SKETCHES 29.22 Parcel Sketches (SA 4) 29.23 TIITF Sketches 29.24 Other Specific Purpose Survey(s) 29.25 Boundary Survey(s) Map 29.26 Right of Way Monumentation Map 29.27 Title Search Map 29.28 Title Search Report 29.29 Legal Descriptions 29.30 Final MaplPlans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review, 29.31 Field Reviews 29.32 Technical Meetings 29.33 Quality Assurance/Quality Control 29.34 Supervision 29.35 Coordination Final Goodlette-Frank Road Widening Scope A-27 June 27, 2003, Revised November 23,2004, Revised August 31, 2005 1686 30 GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with FOOT standards, The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities, 30.1 Document Collection and Review CONSULTANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources, Prior to field reconnaissance, CONSULTANT shall review U,S.G,S., S,C,S, and potentiometric maps, and identify areas with problematic soil and groundwater conditions. ROADWAY The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities, The CONSULTANT shall retain all samples until acceptance of 90% plans, The preliminary roadway exploration will be performed and results provided to the Engineer of Record to assist in setting roadway grades and locating potential problem areas, All laboratory testing and classification will be performed in accordance with applicable FOOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents, 30.2 Detailed Boring Location Plan Develop a detailed boring location plan, If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program, Borings will be obtained at proposed signal pole locations, cross drain locations, along new roadway alignments for the Goodlette-Frank Road/Golden Gate Parkway intersections, and ponds required for the new roadway alignments, Hand augers will be obtained on 500' spacings within the existing median to a depth of up to 5 feet to verify the existing material within the median, 30.2A PAVEMENT CORING Existing pavement within the limits of work on Goodlette-Frank Road shall be obtained in accordance with FOOT procedures. 30.3 Stake Borings/Utility Clearance Stake borings and obtain utility clearance, 30.4 MOT Plans for Field Investigation Coordinate and develop Maintenance of Traffic (MOT) plan, All work zone traffic control will be performed in accordance with the FOOT's Roadway and Traffic Design Standards Index 600 series, 30.5 Drilling Access Permits Obtain all State, County, City, and Water Management District permits for performing geotechnical borings, as needed, Final Goodlette-Frank Road Widening Scope A-28 June 27, 2003, Revised November 23,2004, Revised August 31,2005 1686 30.6 Groundwater Monitoring - Not applicable 30.7 LBR Sampling - Not applicable 30.8 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 30.9 Soil and Rock Classification - Roadway Refine soil profiles recorded in the field, based on results of laboratory testing. 30.10 Design LBR Determine design LBR values from the 90% and mean methods, 30.11 Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses, 30.12 Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels. Estimate seasonal low ground water levels, if requested. 30.13 Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales, 30.14 Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions. Assist the Engineer of Record with detailing these limits on the cross-sections, If requested, prepare a plan view of the limits of unsuitable material. Assist the Engineer of Record in determining the limits of required subsoil excavation, 30.15 CADD Drawing Files for Plotting of Boring Data on Cross-Sections Create ASCII files of boring data for cross-sections, 30.16 Stormwater Volume Recovery and/or Background Seepage Analysis Perfonn stormwater volume recovery analysis, 30.17 Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of any special considerations (i.e. removal of unsuitable material, consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics and properties for various applications, as required. 30.18 Preliminary Report If a preliminary roadway investigation is performed, a preliminary roadway report shall be submitted before the 30% plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems, Final Goodlette-Frank Road Widening Scope A-29 June 27, 2003, Revised November 23,2004, Revised August 31,2005 16B6 Copies ofU,S,G,S, and S,C,S, maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (Le, soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis), An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations, The CONSUL T ANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports, 30.19 Final Report The Final Roadway Report shall include the following: Copies ofU,S,G.S, and S,C,S, maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil and rock stratification (i.e, soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis), An appendix that contains stratified soil-boring profiles including top of rock elevations, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports, STRUCTURES The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities, The CONS UL T ANT shall retain all samples until acceptance of the 90% plans. CONSUL T ANT shall perfonn specialized field-testing as required by needs of project. All laboratory testing and classification will be performed in accordance with applicable FOOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents, The staff hour tasks for structural foundations for box culverts, walls, overhead signs, mast ann signals, and other structures include the following: 30.20 Detailed Boring Location Plan Develop a detailed boring location plan, If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole. Stake Borings/Utility Clearance Stake borings and obtain utility clearance, 30.21 MOT Plans for Field Investigation Coordinate and develop MOT plan, All work zone traffic control will be performed 10 accordance with the FOOT's Roadway and Traffic Design Standards Index 600 series, Final Goodlette-Frank Road Widening Scope A-30 June 27, 2003, Revised November 23,2004, Revised August 31,2005 1686 30.22 Collection of Corrosion Samples - Not applicable 30.23 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 30.24 Soil and Rock Classification - Structures Soil profiles recorded in the field should be refined based on the results of laboratory testing. 30.25 Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion in the geotechnical report and for the necessary calculations and analyses, 30.26 Design Groundwater Level for Structures Review encountered ground water levels, estimate seasonal high groundwater levels, and evaluate groundwater levels for structure design, 30.27 Walls Provide the design soil profile(s), which include the soil model/type of each layer and all soil engineering properties required by the Engineer of Record for conventional wall analyses and recommendations, Review wall design for geotechnical compatibility and constructability, Evaluate the external stability of conventional retaining walls and retained earth wall systems, For retained earth wall systems, calculate and provide minimum soil reinforcement lengths versus wall heights, and soil parameters assumed in analysis, Estimate differential and total (long tenn and short tenn) settlements, Provide wall construction recommendations, 30.28 Soil Parameters for Signs, and Geotechnical Recommendations Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design, Review design for geotechnical compatibility and constructability, 30.29 Box Cnlvert Analysis Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design, Review design for geotechnical compatibility and constructability, Provide lateral earth pressure coefficients, Provide box culvert construction and design recommendations, Estimate differential and total (long term and short tenn) settlements, Evaluate wingwall stability, 30.30 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights The final reports shall include the following: I) Copies ofU.S,G,S, and S,C,S, maps with project limits shown, 2) Summary of structure background data, SCS, USGS, geologic and potentiometric data, 3) The results of all tasks discussed in the previous section (Data Interpretation and Analysis). Final Goodlette-Frank Road Widening Scope A-31 June 27, 2003, Revised November 23,2004, Revised August 31,2005 1686 4) Recommendations for foundation installation, or other site preparation soils-related construction considerations with plan sheets as necessary, 5) Any special provisions required for construction that are not addressed in the FOOT's Standard specification, 6) An Appendix which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, engineering analysis, notes/sample calculations, sheets showing ultimate bearing capacity curves versus elevation for piles and drilled shafts" a complete FHW A check list, pile driving records (if available) and any other pertinent information. 7) Final reports will incorporate comments from the COUNTY and contain any additional field or laboratory test results, recommended foundation alternatives along with design parameters and special provisions for the contract plans, The reports will be submitted in final fOnTI and will include the following: 8) All original plan sheets (11" x 17") 9) One set of all plan and specification documents, in electronic fOnTIat, according to FOOT requirements 10) Two sets of record prints 11) Six sets of any special provisions 12) All reference and support documentation used in preparation of contract plans package Additional final reports (up to four), aside from stated above, may be needed and requested for the COUNTY's Project Manager and other disciplines, The final reports, special provisions, as well as record prints, will be signed and sealed by a Professional Engineer registered in the State of Florida, Prepare the detailed boring/sounding standard sheets, including environmental classification, results of laboratory testing, and specialized construction requirements, in a fOnTIat suitable for inclusion in the final plans, 30.31 Drafting Prepare a complete set of drawings to include all SPT borings, auger borings and other pertinent soils infonTIation in the plans, Include these drawings in the Final Geotechnical Report, Draft borings, location map, S,C.S, map and U,S,D,A, map, Soil symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook, 30.32 Technical Special Provisions 30.33 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types, 30.34 Technical Meetings 30.35 Quality Assurance/Quality Control 30.36 Supervision 30.37 Coordination Final Goodlette-Frank Road Widening Scope A-32 June 27, 2003, Revised November 23,2004, Revised August 31,2005 1686 31 PROJECT REQUIREMENTS 31.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY. 31.2 Key Personnel The CONSULTANT's work shall be perfonned and directed by the key personnel identified in the proposal presentations by the CONSULTANT, Any changes in the indicated personnel shall be subject to review and approval by the COUNTY, 31.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work perfonned on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice, The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished, 31.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence, 31.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by FOOT standards. 31.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems, It is the responsibility of the CONSULTANT to meet the requirements in the FOOT's CADD Manual. See Section 2 of this Scope of Services for additional computer file submittal requirements, The CONSULTANT is to coordinate their work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project described herein. 31.7 Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide post design services, The fee for these services shall be negotiated in accordance with the terms detailed in Exhibit B, Method of Compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project. The additional services may include Construction Assistance, Review of Shop Drawings, or other Post Design Services as required, Final Goodlette-Frank Road Widening Scope A-33 June 27, 2003, Revised November 23, 2004, Revised August 31,2005 1686 32 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY, The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY, The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing, Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY, Final Goodlette-Frank Road Widening Scope A-34 June 27, 2003, Revised November 23,2004, Revised August 31,2005 American Consulting Engineers of Florida, LLC GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS (Golden Gate Parkway to Pine Ridge Road) SUPPLEMENT No.4 UPDATED COST ESTIMATE FOR TASKS I - VIII October 7, 2005 American Project No. 5039851 1686 Total Staff Costs TASK - Basic Services Task I - 30% Submittal Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Survey & Mapping ass - Turrell & Associates - Environmental Geotechnical Subsurface Utility Excavation Original Cost for Task I $267,318 Cost for Supplement No. I Allocated to Task I $0 Total Cost for Task I $267,318 SA 4 GFR Fee 100705,xls Fee Summary Page 1 of 19 10/7/2005 3:41 PM American Consulting Engineers of Florida, LLC GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS (Golden Gate Parkway to Pine Ridge Road) SUPPLEMENT No.4 UPDATED COST ESTIMATE FOR TASKS I - VIII October 7, 2005 American Project No, 5039851 1 !I V£6 Li JL ~1P . . Total Staff Costs TASK - Basic Services Task II - 60% Submittal Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Survey & Mapping Geotechnical Subsurface Utility Excavation Original Cost for Task II $289,821 Cost for Supplement No. I Allocated to Task II $27,769 Total Cost for Task II $317,590 SA 4 GFR Fee 100705,xls Fee Summary Page 2 of 19 10/7/2005 3:41 PM -_.~"'.">^ American Consulting Engineers of Florida, LLC GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS (Golden Gate Parkway to Pine Ridge Road) SUPPLEMENT No.4 UPDATED COST ESTIMATE FOR TASKS 1- VIII October 7, 2005 American Project No. 5039851 1686 Total Staff Costs TASK - Basic Services Task III - 90% Submittal Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Survey & Mapping Geotechnical Subsurface Utility Excavation Original Cost for Task III $217,671 Cost for Supplement No. I Allocated to Task III $50,541 Cost for Supplement No.4 Allocated to Task III $37,099 Total Cost for Task III $305,311 SA 4 GFR Fee 100705,xls Fee Summary Page 3 of 19 10/7/2005 3:41 PM American Consulting Engineers of Florida, LLC GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS (Golden Gate Parkway to Pine Ridge Road) SUPPLEMENT No.4 UPDATED COST ESTIMATE FOR TASKS I - VIII October 7, 2005 American Project No. 5039851 1686 TASK Total Staff Costs - Basic Services Task IV - 100% Submittal Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Survey & Mapping ass - Turrell & Associates - Environmental Geotechnical Subsurface Utility Excavation Archeaological Study Original Cost for Task IV Cost for Supplement No. I Allocated to Task IV Cost for Supplement No.3 Allocated to Task IV Cost for Supplement No.4 Allocated to Task IV Total Cost for Task IV $74,687 $5,277 $7,400 $23,017 $110,381 SA 4 GFR Fee 100705,xls Fee Summary Page 4 of 19 10/7/2005 3:41 PM American Consulting Engineers of Florida, LLC GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS (Golden Gate Parkway to Pine Ridge Road) SUPPLEMENT No.4 UPDATED COST ESTIMATE FOR TASKS 1- VIII October 7, 2005 American Project No. 5039851 168 TASK Total Staff Costs - Basic Services Task V - Phase II Drainage Design Project General Tasks Roadway Plans Drainage Analysis Environmental Permits Survey & Mapping Geotechnical Subsurface Utility Excavation Original Cost for Task V Cost for Supplement No. I Allocated to Task V Total Cost for Task V $213,757 $274,148 $274,148 Task VI - Services During Construction - Lump Sum Respond to RFl's Shop Drawing Review Utility Coordination Plan Revisions Periodic Site Visits Preparation of As-Builts SFWMD Permit Certification Cost for Supplement No.4 Allocated to Task VI Total Cost for Task VI (Lump Sum) $52,490 $52,490 SA 4 GFR Fee 100705,xls Fee Summary Page 5 of 19 10/7/2005 3:41 PM American Consulting Engineers of Florida, LLC GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS (Golden Gate Parkway to Pine Ridge Road) SUPPLEMENT No.4 UPDATED COST ESTIMATE FOR TASKS I - VIII October 7, 2005 American Project No, 5039851 1686 TASK Total Staff Costs - Basic Services Task VII - Services During Construction - T&M Respond to RFl's Shop Drawing Review Utility Coordination Plan Revisions Periodic Site Visits Preparation of As-Builts SFWMD Permit Certification Cost for Supplement No.4 Allocated to Task VII Total Cost for Task VII (Time & Materials) $131,154 $131,154 Task VIII - City Reuse Line Utility Plans Survey and Mapping Geotechnical Cost for Supplement No.4 Allocated to Task VIII Total Cost for Task VIII $66,780 $66,780 SA 4 GFR Fee 100705,xls Fee Summary Page 6 of 19 10/7/2005 3:41 PM American Consulting Engineers of Florida, LLC GOODLETTE-FRANK ROAD CAPACITY IMPROVEMENTS (Golden Gate Parkway to Pine Ridge Road) SUPPLEMENT No.4 UPDATED COST ESTIMATE FOR TASKS 1- VIII October 7, 2005 American Project No, 5039851 1686 Total Staff Costs TASK - Basic Services Grand Total Tasks I - VIII Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Survey & Mapping Geotechnical Subsurface Utility Excavation Original Cost for Task I - V $1,063,253 Original Cost for Task I - IV $849,496 Cost for Supplement No. I Allocated to Tasks I - V $357,735 Cost for Supplement No.3 (Change Order 1) $7,400 Cost for Supplement No.4 Allocated to Tasks I - VII (Lump Sum) $179,386 Cost for Supplement No.4 Allocated to Tasks I - VII (Time & Materials) $131,154 Grand Total Tasks I - VIII (Lump Sum and Time & Materials) $1,525,171 SA 4 GFR Fee 100705,xls Fee Summary Page 7 of 19 10/7/2005 3:41 PM ~ i- ¡¡: 0 ~ .~ Ll} ill_O ~O g>~~ 1§~ 0 ~~~ f3'E0 ~~ E ' « g iVü ~ z en 0 0: m W i w z a () z w CJ z ¡:: ..J :J en z 0 u z « u õ2 w ::;: « ..:. en 0 u c z « I- 0: ~ 0 m IL 0 IL 0:: W · >:: '" ~ 0: Ii' 0 · s: 0 õ: IL 0 0 w ~ I- ~ « ~ ::;: a. ;: · en m W '" 0 · ~ õ ~ 0 · I § ~ i ü ~ m 0 0:: ~ 0 m "- · ]!.... ~. 0= ó8~ . . 0 N ~ ~ 0 Q 12 ~ ~ 0 0 Q Q ~ ~ ~ 0 Q g ~ ~ ~ 0 0 Q ~ Q M ~ 0 0 ~ ~ ~ ~ N .. 0- ~ <0 m " . · 'ic <0 ~ ;; > > ;; ;; > > ;; > > 0 :!! ;; ;; > > ~ ;; ;; ~ ~ ~ · ~ ~ ! 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CI) c.. c: CI) I-- I-- e a CI) LL :ê ro C9 E N (Y) ~ L.() CD r--. 00 0) 0 .- N (Y) '<:/' 0) :¡J -<i -<i .- .- .- .- '<:/' :.:::ï '<:/' '<:/' '<:/' '<:/' '<:/' '<:/' '<:/' -<i -<i -<i -<i t/) N N N N N N N N N '<:/' « -<i IJ.J N N N N N CI) N - '~~--.-----..-._-.-.~. -.------ 1686 Interlocal Agreement between Collier County and the City of Naples Regarding the Goodlette-Frank Road construction Project, was discussed and Approved on the April 12, 2005 BCC meeting under Item #15. 1686 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE GOODLETTE-FRANK ROAD CONSTRUCTION PROJECT THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this, \ s\, day of' No,,<:::..~'o(:.:..>..--, 2005, by and between Collier County, Florida ("County") and the City of Naples, Florida ("City"), RECIT ALS: WHEREAS, pursuant to a May 2005 Interlocal Settlement Agreement, recorded at Book 3806, Page 2591, et seq" of the Official Records of Collier County, County agreed that, as part of its Goodlette-Frank Road Project from Golden Gate Parkway to south of Pine Ridge Road (the "Project"), it would provide all needed transportation improvements on Burning Tree Road in order to add a three-lane section extending 300 feet east of Goodlette- Frank Road; and f\ WHEREAS, pursuant to this same Interlocal Settlement Agreement, County further agreed to assist the City in the completion of the City's Burning Tree Road Project by providing funding in the amount of$100,000, of which the City acknowledges receipt; and WHEREAS, the Project will require the relocation of one of the City's reclaimed water lines, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1, All of the above RECITALS are hereby expressly incorporated herein by reference as if set forth fully below, lof3 ÞaI ....... n :ÞØ ÞO .... ... -....0 ..... n ... .... c:c - at o >' _ :a ... '=' =z: .... "... o o ,., ,., -.... -n -0 -- ..... '=' -- ~ '=' ~....' c..... <.n:::S _ AI .... c..... .... ~ ..a:: C> cr ~~ ex ~::= ex >0 n ;II: >:: c ~ "... :x: ~ = .. =z: n ... ~ c..... !"" ~ I..C at C> c..... :a ..... c: o nn .?"ß~ n~ ~ "... .... - ,., - :-. n t.... ê..a:: ~- ........a:: .... "... s= ....n ..... .... .... en .... - ~ .... ..... c:> c:> c:> c:> 01 86 J::: .~ .. 2, The traffic light at the intersection of Goodlette-Frank Road and Royal Poinciana Drive will be removed by the County in or around July 2006 at the County's expense, with time not of the essence. 3. The County will fund the design, construction and all other costs associated with relocating approximately 9,720 linear feet of the City's 24-inch reclaimed water line. 4, The City will fund the construction of relocating approximately 165 linear feet of a City 12-inch water main; 125 linear feet of a City 20 inch force main; and 94 linear feet of a City six-inch force main, The County will fund the design and CEl (construction, engineering and inspection) costs of these relocations. 5, The City will fund a construction contract change order to provide steel casings for future water main road crossings, with sizes and locations to be detennined, 6, The City will fund the design, construction and all other costs associated with upgrading approximately 1,300 lineal feet of Burning Tree Drive east of Goodlette-Frank c:: ::c Road consistent with the City's prior commitment to Royal Poinciana Country Club, except (..0..; \.C (..0..; c:: ~ c:;:: that the County will fund a portion of this construction equivalent to the cost of a three-lane section for 300 lineal feet east of the intersection of Goodlette-Frank Road, The work to be done by the City shall be done in such as way as to not impact the Project. (..0..; þÞ -..: (..J" 7. With respect to the subject matter herein, this Agreement IS the entire agreement between the parties, superseding all previous oral and written representations, understandings, and agreements between the parties, This Agreement can only be changed by a writing signed by both parties, The County shall record this Agreement at its sole cost in the Public Records of Collier County, 20f3 1686 8, This Agreement shall be governed by and construed under the laws of State of Florida, The prevailing party in any litigation concerning this Agreement shall be entitled to recover reasonable court costs and attorney fees incurred in any such action. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, ATTEST: -¿;¿ia1-~ " " City Clerk ...,,- :F A TTEST:\\lII", DWJ~in,~ØÇ~, Clerk ".. ..;\ "'~ ,~)''''..'.... ¢-"" .:.;- ...r......:', ... ~.. ..... &t /", ~ ~ ~,ì' .,' ,,' ;\ '.. 7.-0: \, . .... ..1 ......... .. ", - .,' . ~ . = .. , 'þ,~ :: 8..i.t~ ''1'* ',; ,,/:;,:),:~puty Clerk ~... t' Wt" ,,.:1, ,.,' . st~. º"~~!~n's '., e;.,.,.,~..9ftJ.,.".-" ,." /'."I/t;;,~ ' GH1\\¡:..J\,,' -·"llfl"Hfl_."'\' BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRM ~~w, :01 :01 :01 c:: :x:: c.....; \..C c.....; c:: o-c ~ Appr and 1 Approved as to form and legal sufficiency: ~~( U 2~( Robert D, Pritt, City Attorney c.....; ..Þ -.; cr :04 :04 ~ 30f3 16C3·. ITEM NO.: DATE RECEIVED: FILE NO.: ðS- PlC- a0358 ROUTED TO: DO NOT WRITE ABOVE TmS LINE REQUEST FOR LEGAL SERVICES Date: From: \,/,f\~\~ \\ \' ~\S,V eft) Re: Contract #05-3871 "South County Inflow and Infiltration Repair Services- Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation" November 15,2005 RobertZac~ (lot/fell (;..ree.ne... Assistantþ~ty Attorney Jack Currf:1rd1l Purchasin;l(~t 2391417-60~8 To: Contractor: Douglas N. Higgins, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on October 25, 2005 Agenda Item: 16.C.3 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. Ifthere are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office, Thank you. ~O,,~~~"..,~.~w__ ORIGINAL DOCUMENTS CHECKLIST & ROUTINGnc TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T 3 ~ ' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG í~ Print on pink paper, Attach to original document. Original documents should be hand de1ivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the ex tion of the Chainnan's si ature, draw a line throu routin lines #1 throu #4 com lete the checklist, and forward to Sue Filson ine#5, Route to Addressee(s) Office Initials Date List in routin order 1. 2. 3. 4 Colleen M. Greene County Attorne CMG 11/18/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who createdlprepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to aDDrove the item,) Name of Primary Staff Jack Curran, Purchasing Agent Phone Number 417-6098 Contact Agenda Date Item was October 25, 2005 Agenda Item Number 16.C.3 Aooroved bv the BCC Type of Document Contract#05-3871 "South County Inflow and Number of Original Five (5) Attached - Agreement Infiltration Repair Services Installation of New Documents Attached Interior Manhole ChImney Seals and Manhole Rehabilitation" INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages ftom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the fInal ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC offIce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullifIed. Be aware of our deadlines! 6. The document was approved by the BCC on October 25. 2005 and aU changes made CMG during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chan es, ü a licable. CMG CMG CMG N/A CMG I: Forms! County Forms! BCC Forms! Original Documents Routing SUp WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05 16C3 . MEMORANDUM Date: November 21,2005 To: Jack Curran, Purchasing Agent Purchasing Department From Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #05-3871: "South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation" Enclosed please find three (3) original documents as referenced above, approved by the Board of County Commissioners on Tuesday, November 1, 2005 (Agenda Item #16C3). One original is being forwarded to the finance department and one original document is being retained for the record. If you should have any questions, please call me at 774-8406. Thank you. 16C3~. South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhol~ Rehabilitation COLLIER COUNTY BID NO. 05-3871 COLLIER COUNTY, FLORIDA Design Professional: Greeley and Hansen LLC COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16 C 3 ~ TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Greeley and Hansen LLC and identified as follows: South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation as shown on Plan Sheets 1 through 25. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records 16C3-f PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation COUNTY BID NO. 05-3871 Separate sealed bids for the construction of South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 12th day of September, 2005, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 17th day of August, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation Bid No. 05-371 and Bid Date of 12 September 2005". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents, The Bid Schedule (GC-P-1 through GC-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue. Suite 104A Ft. Myers, FL 33916 GC-PN-1 16C3 I Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications, The Successful Bidder shall be required to finally complete all Work within One Hundred and Eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 10th day of August 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: GC-PN-2 16C3 " PART B . INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-13 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein, The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 16C3 , location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and delíver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 16 C 3 ~ Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5,5 All Bids shall have names typed or printed below all signatures. 5,6 All Bids shall state the Bidder's contractor license number, 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized, Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening, The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally, Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date, Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC·IB·3 16C3 . opening of Bids, Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports, Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents, This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-I B-4 16C3 . . Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect( s) or provision( s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder(s) determined on the basis of the entire Bid or Section A or Section B , in the Owner's sole discretion, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder(s), the Owner shall consider the capability of the Bidder(s) to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her, designee and delivered to the intended awardees or mailed to awardees at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC~IB~5 16C3 "t Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section, 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance, A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15,3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-IB-6 16C3~' subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287,133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-IB-7 16C34. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA South County Inflow and Infiltration Repair Services -Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation BID NO. 05-3871 Full Name of Bidder Douglas N. Higgins, Inc, Main Business AddresS887 Tamiami Trail East Suite 1, Naples, Florida 34112 Place of Business Naples, Florida 239-774-3130 Fax No, 239-774-4266 Telephone No, State Contractor's License # CGC060189 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 ~- 16C f REGIONAL OFFtCE 6241 N, 01X1€ HWV, sum: A FT- LAUDERDALE, FL 33334 (954) 716-68ß5 FAX: (954) 776-7205 October 13, 2005 Mr. Jack Curran Collier County Purchasing Department 3301 East Tamiami Trail Naples, FL 34112 RE: South County Inflow and Infiltration Repair Services, Installation of New Interior Manhole Chimney Seals Bid No. 05-3871 Dear Mr. Curran: The revised bid schedule for the above referenced project is attached, and can be taken as stated contingent on the following items, previously discussed. These are: . Project Completion time will be extended to one year (365 days) . Asphalt restoration would only be done as deemed necessary - no overlay D.N, Higgins, Inc. remains committed to providing best value services to Collier County. Please feel free to contact me at (239) 774-3130 or (239) 253-4198 if any items need to clarified. Sincerely, Brandy L. Bartolone Regional Manager EEO, 16C3"t REVISED BID SCHEDULE South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation Bid No. 05-3871 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES MANHOLE REHABILITATION Item Description Quantity Unit Unit Price Total Price 1 Mobilization 1 LS N/A $ 3,000,00 Raise/Repair! Replace 2 Sanitary Sewer Manhole Frames and Install New Exterior Seals 3 EA $ 5,500,00 $ 16,500,00 Furnish and Install New 3 Manhole Frames, Covers and Exterior Seals 49 EA $ 5,700,00 $ 279,300,00 4 Furnish and Install New Manhole Covers 2 EA $ 400,00 $ 800,00 Remove and Replace Street 5 Pavement Surface and Base around Manhole 1 EA $ 2,900,00 $ 2,900,00 Reset Existing Frames and 6 Covers and Install New Exterior Seals 21 EA $ 5,400.00 $ 113,400,00 TOTAL PRICE * $ 415,900.00 TOTAL BID PRICE IN WORDS*: Four Hundred and fifteen thousand, nine hundred dollars * This price is contingent in the items agreed to by the county, These are attached, ~- ç~9*t4'T19H~. "t:~A.l,.ong H'.>t~&~O,((""~ ~~t'-"U~'i-t:.u.'t ~~~III<I: \.1.~-'''' ~,;t\L-"J4'.z 1',..'"...,·...-.;<; ~n~·3',~ "".>.:<t'/<.i,1Ii(\·~~ "~"(,~"~"'~"'Ó ~~~~J..~a :¿.,\~"=,,i. )'1.. ;t}.)U 'M,~r~r= 16C3 , REVISED BID SCHEDULE South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals Bid No. 05-3871 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES MANHOLE REHABiliTATION Item Description Quantity Unit Unit Price Total Price 1 Mobilization 1 LS N/A $ 20,000,00 2 Installation of New Interior Chimney Seals 152 EA $ 2,450.00 $ 372,400,00 TOTAL PRICE 11 $ 392,400.00 TOTAL BID PRICE IN WORDS*: Three Hundred and ninety-two thousand four hundred dollars and no cents * This price is contingent in the items agreed to by the county, These are attached, ~ t;~TS-Wf<:f MqlO!i.tJ,.OUQ '~'¡,Øf~"t.t<f'<:>:><?(~:~ '~t~~~tAIW ~<~'!:"" ~"'n ~.*1<M"'" ~ ""t'~ ·..~~t.~~,M'·~ "'><O;<$<:<OI;'OO ~~f"J",:)"><;> 1\.\' ,t"',,,,,*·"+N n.)I.ø'i~~-"_~'IIIð ~O!'''wa: ~-:;t:~,,(;<.'«:~V ~;~f_,»,...~Ü'" ~^"'~?'fI."M 16C3 , BID SCHEDULE South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation Bid No. 05-3871 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE 1 Mobilization 1 LS N/A $20,000,00 2 Installation of New Interior Chimney Seals 152 EA $2,450,00 $372,400,00 TOTAL BID PRICE $ $392,400.00 A. TOTAL BID PRICE IN WORDS: pvll.¡- C~· 1'/1 rŸ e.. -At Three hundred-4!ì~~' two thousand four hundred dollars and no cents 1 ._,j GC-P-2 BID SCHEDULE South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation Bid No. 05-3871 ~ 16C3 .. SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES MANHOLE REHABILITATION Item Description Quantity Unit Unit Price Total Price 1 MOBILIZATION 1 LS N/A $23,000.00 2 Raise/Repair/Replace Sanitary Sewer Manhole Frames and Install New Exterior Seals 3 EA $5,500,00 $16,500,00 3 Furnish and Instart New Manhole Frames, Covers and Exterior Seals 49 EA $5,700,00 $279,300,00 4 Furnish and Install New Manhole Covers 2 EA $900,00 $1,800,00 5 Remove and Replace Street Pavement Surface and Base ~ . Around Manhole 1 EA $6,900,00 $6,900,00 6 Reset Existing Frames and Covers and Install New Exterior Seals 21 EA $5,400,00 $113,400,00 TOTAL BID PRICE $ $440,900.00 B.TOTAL BID PRICE IN WORDS: Four hundred forty thousand nine hundred dollars and no cents GC-P-3 MATERIAL MANUFACTURERS 16C3 .Jf . " The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID VVILL BE DEEMED NON-RESPONSIVE. MA TERIAL MANUFACTURER 1. Cj]¡ IYI 'N(:~1 ,,--c;~A / C y.e1e, )( 2. 3. 4. 5. Dated September 12, 2005 BY: DOUGLAS N, HIGGINS, INC, Bidder .. ~ \,()J)cu., ~IIY .. ilkie, Vice President GC-P-4 >." 16C3 , LIST OF SUBCONTRACTORS The undersigned states that the following is a full and compJete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. CateQorv of Work CO/l/sfJrr.J(" 1/(;11/ U~0 2. 3. 4. 5, Dated September 12, 2005 BY: GC-P-5 Subcontractor and Address Ho;/dh C~/lél(>tI'; li¡¡,ù ¿;;n,J?/l, FL / ' DOUGLAS N. HIGGINS, INC. Bidder STATEMENT OF EXPERIENCE OF BIDDER 16C3 4 The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. ~f1tLct1f4 2. 3. 4. 5, 6. Dated September 12, 2005 BY: DOUGLAS N, HIGGINS, INC, Bidder Ke~~ki~ ~~~nt GC-P-6 Project: Owner: Engineer: Contract Amount: Contract Date: Completion Date: Description: DOUGLAS N. HIGGINS, INC. EXPERIENCE STATEMENT FLORIDA PROJECTS 16C3 J - Immokalee Florida Specialties Ditch Enclosure Contract # 04-3612 DNH Project #970-03 Collier County Transportation Services Division StormwaterlRoad Maintenance Department 2685 South Horseshoe Drive, Suite 212 Peter Heyden, P ,E, (239) 213-5859 Agnoli Barber & Brundage, mc, 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 John H. Boldt, P.E, P,S,M, (239) 597-3111 $515,931.50 May 2004 August 2004 **************************** Installation of 600 LF of 5' x 15' Box Culvert and 500 LF of armor mat. Project: Owner: Engineer: Contract Amount: Contract Date: Completion Date: Description: Palm Street Outfall Contract # 02-3345 DNH Project #960-03 Collier County Transportation Services Division StormwaterlRoad Maintenance Department 2685 South Horseshoe Drive, Suite 212 Jerry Kurtz, P,E, (239) 213-5853 Collier County - Owner Engineered $594,525,00 February 2004 June 2004 **************************** Installa:tiónof 1000LFof60" Storm Sewer and 500 LF of Box Culvert, including seven structures, J:roject: Owner: Engineer: Contract Amount: Contract Date: Completion Date: Description: Western Interconnect Phase 2 Contract # 03-3545 DNH Project #940-03 16C3 " ."".J Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Ron Dillard, P,E, 239-530-5338 Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Michael Clough, P,E, 239-254-2000 $1,765,295,00 October 2003 August 2004 **************************** Installation of a new sanitary forcemain and two lift stations, Project: Owner: Engineer: Contract Amount: Contract Date: Completion Date: Description: Reuse Water Service System Connections Phase 2 Contract # 03-3560 DNH Project #950-03 Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Ron Dillard, P,E, 239-530-5338 Hole Montes, Inc, 950 Encore Way ,Naples, Florida 34110 Michael Clough, P,E, 239-254-2000 $577,000 January 2004 August 2004 Installation of a seven Reuse Water Service System Connections including assemblies and all electrical work. **************************** ," ~'" froject: Naval Air Station - Repair Storm Water & Sanitary Sewer Systems - NAP, Key wesf 6 C 3 f , Contract N62467-03-0282 ~. DNH Project #825-03 . Owner: V,S, Department of the Navy P,O, Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contracl Specialist , (305) 293-2841 David Franklin (843) 820-5733 Contract Amount: $3,654,654,00 Contract Date: November 2003 Completion Date: December 2004 Description: Remove, Replace, Install new Storm Water & Sanitary Sewer Systems on various Naval Properties ........................................................................................... Project: North Andrews Gardens Neighborhood Improvements Project Bid Package No, 5 BCOES Project #1146/8409 DNH Project #1300 Owner: Broward County Board of Commissioners 115 South Andrews Avenue Fort Lauderdale, FL 33301 Contract Amount: $9,779;615;80 Engineer: Miller, Legg & Associates, Inc. Patrick MacGregor, Project Manager Completion Date: Project: Fall 2003- completed on time and within the awarded contract amount Robert Gabriel Apartments - Site "A", Site "B" and Site "C" The Housing Authority of the City of Key West DNH Project #777-02 Owner: The Housing Authority of the City of Key West Contract Amount: $270,500,00 Completion Date: November 2002 ******** Project: Naval Air Station - Replace Sewer - Trumbo Point - NAF, Key West Contract N62467-0l-X-0387 DNH Project #880-01 Owner: V,S, Department of the Navy P,O, Box 9018 NAF, key West, FL 3304Ù Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 Contract Amount: Completion Date: $1,859,155,00 November 2002 I'· *,****** Project: Owner: Engineer: Contract Amount: Completion Date: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Project Description: Completion Date ******* Project: Owner: Contract Amount: Completion Date: ******** Sanibel Sewer System Expansion Project Phase 2B DNH Project #1200-01 16C3 f City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 $4,572,036,97 October 2002 Sanitary Sewer Rehabilitation for Service District F & G DNH Project #1125-00 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292-5600 CH2M Hill 3011 S,W, Williston Road Gainesville, FL 32608-3928 Joe Castronovo (352) 335-7991 July 7, 2000 $6,994,597,15 Installed approximately, 23,550 L.F, of 8", 1,870 L.F, of 10", 1,625 L.F, of 12",2,325 L.F, of 15" and 45 L.F, of 20" of sanitary sewer and related appurtenances. October 2002 Naval Air Station - Lift Station Transmitter System- Sigsbee Park - NAS, Key West Contract N62467-01-C-2766 DNH Project #880-01 U,S, Department of the Navy P,O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 $529,514,50 September 2002 ~. Project: Owner: Contract Date: Contract Amount: Completion Date: ******* Project: Owner: Contract Amount: Completion Date: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: ******* Proj ect: Owner: General Contractor: Contract Amount: Completion Date: ******** Interior Electric Renovation at East Martello Tower Momoe County, FL DNH Project #840-02 16C3 ,..., . ... Momoe County, Florida August 21,2002 $69,000,00 September 2002 Naval Air Station - Replace Sewer - Truman Annex - NAS, Key West Contract N62467-01-X-0370 DNH Project #825-01 U.S. Department of the Navy P.O, Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 $1,276,321.00 August 2002 Irrigation Upgrades for Naples Memorial Gardens DNH Project #810-'02 Naples Memorial Gardens Conestoga-Rovers & Associates March 11, 2002 $167,326,75 August 2002 Construction ofS,R, 45 (US41) from Gulf Dr. to Immokalee Road (CR846) and from Immokalee Road to CR887, Naples, Florida DNH Project #975-00 Florida Department of Transportation APAC-Florida,Inc, 14299 Alico Road Fort Myers, FL 33913 $1,604,968,50 May 2002 .' Project: Owner: Contract Date: Contract Amount: Completion Date: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Project Description: Completion Date: ******* Project: Owner: Contract Date: Contract Amount: Completion Date: ******* 16C3 . Limestone Creek Phase II-A Palm Beach County, Florida DNH Project #980-01 Palm Beach County, Florida Engineering Services Division Office 160 Australian Avenue, Suite #503 West Palm Beach, FL 33406 Charles Rich, P ,E, April 17, 2001 $436,658,70 April 2002 Sanitary Sewer Rehabilitation for Service District C DNH Project #1025-99 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292-5600 CH2M Hill 3011 S,W, Williston Road Gainesville, FL 32608-3928 Joe Castronovo (352) 335-7991 January 5, 2000 $6,291,463,36 Installed approximately 425 L.F, of 6", 25,050 L.F, of 8",425 L.F, of 10", 1,700 L.F, ofl2", 400 L.F, of 15" and 1,350 L.F, of20" of sanitary sewer and related appurtenances, March 2002 Waterworks Improvements - Port Royal Pump Station Project #2000,003 DNH Project #1070-00 City of Naples, Florida 735 Eighth Street South Naples, FL 34102 September 6,2000 $1,851,352.02 March 2002 Project: Owner: Contract Amount: Completion Date: Project Description: ******* Pr()j ect: Owner: Engineer: Contract Amount: Completion Date: ******* Project: Owner: Contract Date: Contract Amount: ******** :J>'" 16C3 ~. Potholes for 10" Water Main Marco Island, Collier County DNH Project #1220-02 Florida Water Services 4110 Center Pointe Drive, Suite 204 Fort Myers, FL 33916 Joe Zawacki (941) 278-5050 $7,800,00 March 2002 Located 24 Potholes for 10" WM from Lime Plant to Old Marco Lane Henders()n Creek Interconnect Marco Island, Collier County DNH Project #1200-01 Florida Water Services 1000 Color Place Apopka, FL 32703 Jan Spry (407) 880-0058 Florida Water Services P,O, Box 609520 Orlando, FL 32860 (407) 880-0058 $77,000,00 February 2002 City of Key West - General Lateral Services Contract 2001-2002 DNH Project 1325-01 City of Key West, Florida 1400 Venetian Drive Key West, FL 33040 Charles Stepheson 2001-02 Various Dollar Amounts for Individual Projects Project: Owner: Engineer: Contract Amount: Completion Date: Project Description: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: ******* Seawall Replacement Marco Island, WWTP, Collier County DNH Project #1210-01 16C3 .} '~ Florida Water Services 1000 Color Place Apopka, FL 32703 J an Spry (407) 880-0058 Florida Water Services P,O, Box609520 Orlando, FL 32860 (407) 880-0058 $156,950,00 December 2001 Replace Seawall at Marco Island WWTP City of Key West Pump Station A Rehabilitation and Force Main DNH Project #01-1225 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292-5600 Allen Perez, P,E, (305) 292-0642 March 23, 2001 $941,759,00 December 2001 " . Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project Description: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: ******** Project: Owner: Contract Date: Contract Amount: Project Description: Completion Date: Everglades City- Pleasure Island DNH Project #700-01 16C31. City of Everglades City, Florida 207 Broadway Everglades, FL 34139 Anchor Engineering Consultants, Inc, 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936-4003 $296,831,25 October 2001 Installed 16 Simplex Grinder Pump Stations, 2,566 L.F, of 1-112", and 2" Force Main, 1,806 L.F, of Water Main and other related appurtenances, Everglades City- Public Works Storage Building DNH Project #710-01 City of Everglades City, Florida 207 Broadway Everglades, FL 34139 Anchor Engineering Consultants, Inc, 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936-4003 January 12, 2001 $110,560,00 June 2001 Collier County - Goodland Culvert Improvement Purchase Order #007281 DNH Project #760-01 Collier County Government Board öfCounty COÙ1Illissioners P,O, Box 413016 Naples, FL 34101-3016 September 16,2000 $178,000,00 Install (4) Reclaimed Water Motor Operated Valves at the South County Water Reclamation Facility, May 2001 I~ ~****** Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: ******* Proj ect: Owner: General Contractor: Contract Amount: Completion Date: Project Description: ******* Project: Owner: Contract Date: Contract Amount: Completion Date: Project Description: ******* Basin VI Drainage Improvements Project #6680-24619 DNH Project #970-00 16C3 ~ City of Naples, Florida 735 Eighth Street South Naples, FL 34102 Camp Dresser & McKee November 24, 1999 $3,111,455,00 Spring 2001 Indigo Lakes Collier County, Florida Subcontractor to Guyman Contraction DNH Project #1000-00 Collier County, Florida GUYMAN Construction 5686 Youngquist Road Fort Myers, FL 33912 $37,939,00 November 2000 Installed 1,036 LF of 18" RCP and 35 LF of42" RCP, 1 Lift Station Wetwell and Valve Vault, 446 LF of 8" SDR and related appurtenances, Clam Bay Interior Channel Construction Phase II DNH #790-00 Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Contact: Kyle Lucas May 2000 $99,703,07 October 2000 Dug Channels in Clam Bay to nourish cypress trees TRENCH SAFETY ACT 16G3 11 ':f Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safetv .- Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. ('!r . ~) () () ¡ tV j , / IJ. oC' f/50a OQ I-F 500 2. 3. 4. 5. TOTAL $ __560.. 0<> Failure to complete the above may result in the Bid being declared non-responsive. Dated September 12, 2005 DOUGLAS N, HIGGINS. INC, Bidder k~.w~ Kelly A. Ikie, Vice President BY: GC-P-7 /e" 16C3 ..« Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Biddeï fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within One Hundred and Eighty (180) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of IV¡ I c41 ( ~pJ"v County of Wt15 t 'fU'ttÌ(/l) .f./ { A-. Wit I~ , being first duly sworn on oath deposes and says t the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them, 1/ " tvUí , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-8 (a) Corporation 16C3 ~. Th~ Bidder is a corporation organized and existing under the laws of the State of II/f/();uqal1 , which operates under the legal name of {))Uj}C(S f{. H1~0Ivs. W{J. . , and the full names of its officers are follows: President DOti9la.$ N. H1qq /0 S Secretary p-'.$ cAUlnfJf; H&tW}(e/ Treasurer I?. S()U1~f-e Ifa Wt:&V Vic~, r =CDCl.I1IÙ " . Ih tit! I fI~ Wi I ¡ leH'I'1 D. f!¡qo¡wÎS, Já ItIfS' > waf; V ' litv/1I1 s: urI ~þ~l.>Y\- f ~f:1 M~ J~ The IÚ -~et1f ~ 11A1ì. Wd,t..L..t is authorized to sign construction bids and contracts for the dompá7iY by action of its Board of Directors taken MCU1/~: 'UJ<:i. , a certified copy of which is hereto attached (strike out this la§t sentence if not applicable), (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED <~.e~€vYI f;ar J <{ ;;¿ ÓoS W~/as N, t-hqrylf15,. M6 legal e ty GC-P-9 16C3 ,¡ , CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Douglas N, Higgins, Inc" a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held May 15~ 2005 and that said resolution is in full on force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, Inc., any and all contracts and documents." Douglas N. Higgins cfJ~' 7JÞL l J) Jl:.'¡) ¡~ ~~~ )Z-ß Jë:J1 . 1111 0.. uJ~ Daniel N. Higgins William D. Higgins Kevin E. Schwiderson James H. Sweet Kelly A. Wilkie R~~k~ Secretary Mé!:Y 15, 2005 Dated: ~ßdL:- Wit;¿s - tf7t::- . /i1~ ~ W1'fness ..J jf.r;t( £-~ II .(0~ 16C3 J' 1nc. BY: STATE OF ¡V)/{~J1f 9 aJ1 COUNTY OF Warfilkv1a tv The foregoing instrument was acknowledged before me this Idlth day of ,-~øpf:r;w¡bei/, 2005, by _VlA ~ A J WI I k LP~ ,as Vlef'" fJrf5) t;;t of DOU-'!i a~ tJ J~v'\SJAIIC ' ,a /VI1rA1-!f1cJiL corporation, on behalf of vt'he corpör~on. He/she is personally know to me or has produced as identification and did (did not) take an oath. ~. '....e.NNi!'. H~\'N¡(r::.~'¡ R,: '~.':,>.v,..o""m",v'i County, MI No\my ¡·t:!J\:'·"~\ì~Ê~;;\es r,,~",r 7. 2011 My Cor¡¡rn:¡)$iV ' t" ._ NAME: X~~vt (Signat of Notary) ¡¿ .SU'U1I1/16 mwk-ey (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of M I thl9tYJ Commission No,: GC-P-10 161.;3 ., BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc. (herein after called the Principal) and Hartford Accident & Indemnity Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of R'1rtforil and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners, Collier Countv. Florida (hereinafter called the Owner), in the full and just sum of Five Percent (5%) of accompanying bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid.jJ (;6" 3X'1/ : South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation Bid No. 05-3871 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $_ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-11 ~"' 1 16C3 4 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 12thdayof September 2005. Douglas N. Higgins, Inc. K~~.W~ ~l i{Jr ,WIIKU¡ V/f1./ Preç¡cW-1f Hartford ccident & Indemnity Company Principal BY (Seal) Surety (Seal) " Counters igned Hartford Accident & Indemnity GC-P-12 "-,.,,,., POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: o;,ectlnQ16a¡CJ . THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 35-350851 ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State oflndiana ~ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana D Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Stephen Dobson, Vicki p, Gardner of Ann Arbor, MI their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by [gJ, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th. 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney, IÚnll~ t!t~~ .~~:, \~{~-*_:}¡:! '~~"'~ Ð 7 ~'h ""\ 'f.I ~ ........... .." ~;,,:~::~;l? f~O 0\, ~~ Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, Assistant Vice President STATE OF CONNECTICUT} 55, Hartford COUNTY OF HARTFORD On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies. the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. <") ^ "7'....- (:..? ¿,~ .--é.-J C/U/ é /'::"¿:L... Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31.2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is still in full force effective as of September 12, 2005 Signed and sealed at the City of Hartford, I!2m....,~ 6,,, .....~~ Q~""~ ~* * - \;\ 1979 ¡) ,.:...~... /~, ..~ .10'.....-...:-.":'..1' "1,.,1r~~¥ 7~ ~;r- Yves Cantin, Assistant Vice President POA 2003 ","': 16C3 41 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2, The Bid prices offered have been reviewed, 3, The price extensions and totals have been checked, 4. The payment terms have been indicated, 5, Any required drawings, descriptive literature, etc, have been included, 6, Any delivery information required is included, 7, If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included, 8, Any addenda have been signed and included, 9, The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: 05-3871 South County Inflow and Infiltration Repair Services - Installation of new Interior Manhole Chimney Seals and Manhole Rehabilitation September 12, 2005. 12, The Bid will be mailed or delivered in time to be received no later than the specified openinq date and time, (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET DOUGLAS N, HIGGINS, INC, Bidder Name DATE: September 12,2005 GC-P-13 ~' 16C3~t CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins, Inc. ("Contractor") of 2887 Tamiami Trail East, Suite 1, Naples, FL 34112, a Michigan Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation, Bid No. 05-3871 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Greeley and Hansen LLC, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified, Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto, All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: [DESCRIBE IN WORDS] eight hundred eight thousand, three hundred dollars and zero cents ($808,300,00) GC-CA- 1 16C3 ~ Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be 12acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular, This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes.Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Three Hundred (300) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. A. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial GC-CA- 2 16C3~.. Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Six Hundred and Twelve Dollars and Forty cents ($612.40) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. B. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. C. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. D. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. E. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. F. Final Acceptance by Owner. GC-CA- 3 16G3.... The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. G. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Greeley and Hansen LLC and identified as follows: South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation as shown on Plan Sheets 1 through 25. Contractor's List of Key Personnel Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: GC-CA- 4 16C3 f. Mr. Richard Cannyn Project Manager Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, Florida 34112 Tel: 239-530-6278 Fax: 239-530-5378 Email: richardcannvn@collierQov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Kelly A. Wilkie, Vice President Douglas N. Higgins, Inc. 2887 Tamiami Trail East Suite 1 Naples, FL 34112 Tel: 239-774-3130 Fax: 239-774-4266 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA- 5 1bC3'iÎ Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. GoverninQ Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire AQreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. ChanQe Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in GC-CA- 6 16C3'4 a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC-CA- 7 16C3 . );' ,~ IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: ~Hw4T IRST WITNESS 'James H· Swttr Type/Print Name kJ~· S OND WITNESS nl¿4 Type/Print Name By: Douglas N. Higgins, Inc. LLklo-/ Kel . \1\{ I~/~ VI Typ /Print Name and Title Date: ~ '1""£ OWNER: , ' >, \ ;,t \ ~ '¡ , , '; , A1Tg$'f~?,~ Cf'.;,¡\ BOARD OF COUNTY COMMISSIONERS OF :::~;~".". """'~:~~~ COLLIER COUNTY FLORIDA ,DW!gttfE., BrRck",~rk ~;;<A~Ç,( . BY: F~y;:èh~ ., '", ,·'·::..11 APpr~~mo Form and Legal Sufficiency: ~ìr~ Print Name: Œolleen n1 ' GYeell'-f2- Assistant County Attorney GC-CA- 8 EXHIBIT A PUBLIC PAYMENT BOND 16C3 " Bond No.:- 3S f!>c$hö '8'189 Contract No. 05-3871 Douglas H, Higgins, Ine KNOW ALL MEN BY THESFaPBESE~T...s:_T.bat 3390 Travis POinte Rd ""R M('¡,II~ Aun Ju;bu.r.."1 481ð8 P· . I POAcJlIII ,as nnclpa , and Tror.... , as Surety, located at 800m... (Business Address) are held and fi~ml,¥ bound to ß~A~O oç CtJ'l--f>'ft ~M'S)li~ Ú.U(~R CO ,,-,,-i>-: ~( as Obligee in the sum of ~Iq¡,.,t ~^-.Û ¿.~ú 'f"hl\\>,~ ~~ h.~.dJ 6~ lad ($ ~CI~ '10c b (¡ ) for the payment whereof we bind ourselves, our heirs,( executors, personal representatives, successors and assigns, jointly and severally. ( Aw(fl'(d. hr. i) 4 ) WHEREAS, Principal has entered into a contract dated as of the .l:.M day of Nr,J~ k.- 2005, with Obligee for ~(ÌV\-~ C(j k....t7 ~R{dW '- :hJJ\ l~71Jh f..a(/r<1! )-4tVtuJ in S (íV\-\r. LtI"",-11 accordance with drawings and specifications, which contract -is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS vv,HEREOF, the above parties have executed this instrument this y1: day of NòJ~b.,.".. 2005, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. TPA#1953633,11 GC-CÄ-Ä-1 16C3 " .~ Signed, sealed and delivered in the presence of: ~ tfJw£T . ctWlC..,S H, çvvt'(f' w·, E~~··· I n ses a~ 10 nnclRa j)?Vh e i I"', J1\~ IV'S ~ct1J~OY1 COUNTY OF . o5h j!l.vHV The foregoing instrument was acknowledged before me this 4f1I' day of Nwemk./ 200/, by . II. ,as VJC:e -' fltç/deYIt of . s. {\/, I ...,-., , a ~ corporation, on behalf of the corporatio . He/she is ersonall known tomeC:>Rhas produced as identification and did (did not) take an oath. PRINCIPAL Douglas N, Higgins, Inc 3390 Travis pointe Rd Ann Arbor, MI 48108 BY: NAME: ITS: ~t~ t1. ~{)~ " ~1¥M!.Kr¿ Ý¡t-t -' Its t¥1 t STATE OF R c;, ,.,.'" .'..,. N .' , ,,': ''':''''''"l,~.; Hf.I"V!:ER- M-t'c~' ,jr·1:>.~:.~ .~l\-··;~~)'-I:::'1' ::' ~:·!{·>'I ~(~ y o.ll(oIiI~I;",,j 1.;."'"'1''''' ;,f -~. ,ty, MI . J-I. '='" ¡,Jar 7,02011 NAME: Þ 1 ìJ ,{ 0-'lÆv>-'- A4UrLt (Signatur· of Notary) £.. S íAZt1Jlì1~ Hrwk~ (Legibly Printed) ,- My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of ~ Commission No.: ATTEST: SURETY: H8rtfM,..W lCh POlØ3OO1 Troy, MI 4Ø7 aDo 877 D'I' (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) TPA#1953633.11 GC-CA-A-2 ~ W. ~OR (/~ 11\1 ~ , . 0~~~ ~'- 16C3 As Attorn~: !a~ oil (Attach Power of Attorney) , ;j (Printed Name) Vicki P. Gardner Attorney in Fact n,'$[ 1104rr___. P.o. Box 'soe. ..-.:..... /wi MIeI. W, 48'08-i-' '734-741-0044 I F_ 7"U..1~t :t~A. (Business Address) (Telephone Number) STATE OF ~. ..t.:')1M. COUNTY OF WA,,>"1~ The foregoing instrument was acknowl~d~ed before me this L¡ ~ day of NJjÞw-L ,2005, by V/<-r. f (;/trllY\..(ft , as Aft(J~ r~ ~f '\ of tl7ttz-1in1) ALLt!4 t "J;j~jI.,ì,.o' ~. Surety, on 'behalf of Surety. He(She is personally known to me)OR has produced as identification and who did (did not) (Si~Þ;~ take an oath. My Commission Expires: NOTARY PUBLIC Jud\1 K. Mac!<iem Washtcr:a~( CQunt,'. t·J!ichigan MyCommissi:'!11 E)(p¡.::,~< 10/18120<0 Name: 3"dy k. t\Ait4LÍ-4--. (Legibly Printed) Notary Public, State of: M.. ~'Îft.--- Commission No.: (AFFIX OFFICIAL SEAL) TPA#1953633,11 GC-CA-A-3 16C3 ¡ l t EXHIBIT A PUBLIC PERFORMANCE BOND South County Inflow and Infiltration Repair Services - Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation Bond No.';') ßc~l)a <ií/'89 Contract No. 05-3871 Douglas N, Higgins, Inc KNOW ALL MEN BY THESE PRESENTS: That 3390 Travis pointe Rd Ann Arbor, MI 1810& lIøFlftJIdAccidM&1Ik ' as Principal, and PO Bax3001 d~.~to, as Surety, Troy, MI 40007 (Business 800812~dress) are ß¡j~ 0.( C~1 ~MI)'(~ <¿u., f( t.rl A. r ,M " ~s I'\^,..L k 06 7dù ($ ~Oðl ~\j(). () .; ) for the payment whereof we bon ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. . _ r )' ( ÞtJ I'Jf4 I1()tJ Cl day of for located at firmly bound to , as Obligee in the sum of WHEREAS, Principal has entered into a contract dated as of the 2. N!) "bJ~L , 2005, with Obligee 5ij4.~ t6~ Ã1J/¡JVj., hid,l1ìt,,(1(ð..¡ .£LfA'~ S~¡/I<-L\ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TPA#1953633,11 GC-CÄ-Ä-4 16 C 3 * This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this ~.-n_ day of Nú~~ , 2005, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body, Signed, sealed and delivered in the presence of: /2ÅA~ #-rtv4- ~~Zs-11. S!w';~t W"t ítT.;lt ~- I nesse~nnclpa DtH1j e IN, H1tYjlV15 STATE OF -'Y11~\~ COUNTY OF W ~1 CI \tV _ Dougl.. I. Riggins. 1.. 3390 Travis Pointe Rd, ADD Arbor, II 48108 PRINCIPAL BY: tt~. WJkLC 6e-1It.¡ 14, ~'¡~/& , Ice - {Jieç, eft f NAME: ITS: The foregoing instrument was acknowledged, before me this '1t!J. day of NoVeA41J,;{y ,2005, by (tilt}.4 UJJt~/e , as V¡'(..(" pftt;¡ du1 Þ of fXJ~las N·I--hØtzvYl S 1)/nC' ' ,a M/ e-IA ~UV\ corporation, on behal of the 'd'otporation. He/she is personallv known to me OR has produced "- ---..... as identification and did (did not) take an oath. - K d,T~<~L (Signature Name: ~< 5tA2tl /11 ne" ~ /(,ey (Legibly Printed) Notary Public, State of: !YJJUilIC4 tV} Commission No.: My Commission Expires: R. s!J7.Þ,mi.~ ~~qW!{ER No!''')' :",,"";:, ':',>. ';,C¡t (,,;' c'~;~¡'I\y, MI My Ccmmiss¡;¡¡) "j¡.,,:el> Mar 7, 20t t (AFFIX OFFICIAL SEAL) TPA#1953633,11 GC-CA-A-5 16C3 ~ , ATTEST: SURETY: Hartford Accid8IIt".. tL.. PO BQX 3001 Troy, MI 4lm7 BOO 872 8303 (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR v!¡~ ~ 4J. (~~ As Attorney in F ct (Attach Power of Attorney) Y1ck1 P. Gardner Attorney in Fact (Printed Name) QobsOn-UcOmb9r Þq!t/ffJI. me.. p,c' 'v< 301 N, MaInS&. Am '. 0>1 4A1n&-13-48 734-141-00441 Fax 734-74t-1856 (Business Address) (Telephone Number) STATE OF COUNTY OF Y\A,~ '~~ t.VA,') t...f-b1'\.~ The ,foregoing instrument was acknowl~dge before me this l¡~ day of N\J,hv. L- ,2005, by ~ r bltJt ,:2...... ,as A-ffiN( ~ of --Hm1.-r;}-u..Q .tkt Lx ~ ~~~. r~ Ãf . Surety, on behalf of Surety, He{She is p rsonally known to me) OR has produced as identification and who id did~ath. My Commission Expires: t\F,\. G,' . ,,' r'·" r~ .. -".'. .,' -·;;'.;f~ "'t,':_ . ·8e~'r,·· .. ,11' (AFFIX OFFICIAL SEAL) Notary Public, State of: M ,..J.,,) /)('-. Commission No.: TPA#1953633,11 GC-CA-A-6 POWER OF ATTORNEY o;;~t~n;;;tfJt 3 BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 35-350851 ., , KNOW ALL PERSONS BY THESE PRESENTS THAT: [0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut CD Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana CD Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of !1linois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, MI their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by rz¡, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney, ~.''''~~ (l~.:\ ~..r":~*_~4¡þ)~ \?:}'. tg 7~ .Ii! ....:~.;.............<.,,'O..~¡- "',,,~~":Y ~~ Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, Assistant Vice President STATE OF CONNECTICUT} ss, Hartford COUN1Y OF HARTFORD On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. CERTIFICATE ./'\ <~. (:~) /..:) /_.)"Að (, /._/...... Scott E. Paseka Notary Public My Comml5Sion Expires October 31,2007 r~ ~T- Yves Cantin, Assistant Vice President I'OA 2UO} Bylant of Ann Arbor, 301 N Main Street Ann Arbor MI 48104 Phone: 734-741-0044 INSURED LLC DATE (MMIDDIYYYY) 11 04 05 THIS CERTIFICATE IS ISSUED AS A M F 0 ATION ONLY AND CONFERS NO RIGHTS UPON THE CERT CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORDN CERTIFICATE OF LIABILITY INSURANCE PRODUCER Fax:734-741-1850 Douglas N. Biggins, Inc. 3390 Travis Pointe, Suite A Ann Arbor MI 48108 INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: American Casualt Com an Trans ortation Ins. Co. Transcontinental Ins. Co. NAIC# 020427 020494 020486 INSURERS AFFORDING COVERAGE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSR[ TYPE OF INSURANCE POLICY NUMBER ~~,;!~1MMIDDIYÝ}- PgÃrE IMMlbDlY'ií' LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCIAL GENERAL LIABILITY C161922047 12/10/04 12/10/05 PRËMìS'Es (E~'"ã~~~r~nce) $ 100,000 I CLAIMS MADE ŒJ OCCUR MED EXP (Anyone person) $ 5,000 ~ Contractual Liab PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS, COMPIOP AGG $2,000,000 I [Xl PRO- nLOC POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 - B ~ ANY AUTO C1061922033 12/10/04 12/10/05 (Ea accident) ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 B ~ OCCUR D CLAIMS MADE Cl61922050 12/10/04 12/10/05 AGGREGATE $ 10,000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND I TORY LlMITŠ I IU~~- C EMPLOYERS' LIABILITY WC161922016 12/10/04 12/10/05 $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $500,000 ~~~MÎs~~~v'1s?Õ~s below EL. DISEASE - POLICY LIMIT $1,000,000 OTHER A Limited Work Site C161922047 12/10/04 12/10/05 1,000,000 Pollution Liab I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job - South County Inflow and Infiltration Repair Services, #05-3871- Additional Insured for General Liability - Collier County Board of County conunissioners. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Conunissionsers 3301 E. Tamiami Trail Naples FL 33862 COLLI -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIL' MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEI" I ACORD 25 (2001/08) ATIV~ ©ACORD CORPORATION 1988 - 1L -1 --- -- .. iiJ 1ÆC3 .", Obligee's/Insured's Name Obligee's/Insured's Mailing Address 35BCSD08189 Bond/Policy Number i IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS- TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy, However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law, Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion, If that occurs, Congress will determine the procedures for, and the source of. any payments for losses in excess of $100 billion, The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage, I Terrorism premium: I $0 Form B·3333·Q Page 1 of 1 © 2002, The Hartford 16 C3 ~ - EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum - requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents, If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and - amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer, (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of -- all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of - policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy, (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or . agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 16 C 3 .. coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s} of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s} shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11 .3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11,5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida, 11,6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes _ No GC-CA-B-2 16 C 3 ~ . (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida, The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee 2L $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the -- work, D Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY _ Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 General Aggregate $ 500,000 GC-CA-B-3 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage L General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 16C3 . $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 -- (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. -- (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. o Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. o Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles, Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, GC-CA-B-4 , " 16C3 4 whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the - Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the -- Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. -, (6) Waivers of Subrogation, The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary, The policies shall provide waivers of subrogation by endorsement or otherwise, (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear, AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? L Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 ~ Bodily Injury & Property Damage - $1,000,000 GC-CA-B-5 16C3 \' Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if - so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. -- (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 16C3 ,~ !III " EXHIBIT C RELEASE AND AFFIDAVIT FORM ,. COUNTY OF COLLIER ) STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2005 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. - CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005, by , as of , a corporation, on behalf of the corporation, He/she is personally known to me or has produced as identification and did (did not) take an oath, My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No,: TPA#1953633,11 GC-CA-C-1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT 16C31. (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No, (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work, By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TP A#1953633, 11 GC-CA-D-1 t-w zt- WW u...J a: 11. w:f 11.0 u ~aW ...Jt-WI- <wo:< t-...J°a ° ILl- t-:fcnO ~oðl- m O...J w< a: a: Ow t-t- m< :f " .D a E !!?Q " 0 rJ) Z t- xO: W - " I-W " .. 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I- 16C3 ~ EXHIBIT E CHANGE ORDER TO: Project Name: Bid No,: Change Order No,: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount ..,........... ,..... ,... .........,.... .....,........,..,..' $ Sum of previous Change Orders Amount .............................,.........$ This Change Order Amount .., '..,....""." .,.",. ,....",.." ,..'" ...""""" ,., $ Revised Agreement Amount '.."..",......", ,,"" ..".." ..." ,..'" .,.", ,..... '" $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance, The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs, Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Authorized by: Division Administrator Date: (For use by Owner: Fund Numbe~ ) Cost Center: Object Code: Project GC-CA-E 16C3 _ EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, PROJECT: Design Professional's Project No, CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. TPA#1953633.11 GC-CA-F-1 16C3 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on ,2005 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2005 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2005 OWNER By: Type Name and Title TPA#1953633,11 GC-CA-F-2 16C3 " - EXHIBIT G FINAL PAYMENT CHECKLIST Bid No,: Contractor: Project No,: Date: ,2005 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days, Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1. All Punch List items completed on 2, Warranties and Guarantees assigned to Owner (attach to this form), 3, Effective date of General one year warranty from Contractor is: 4, 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), 5, As-Built drawings obtained and dated: 6, Owner personnel trained on system and equipment operation, 7, Certificate of Occupancy No,: issued on (attach to this form), 8, Certificate of Substantial Completion issued on 9, Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14, Vendor Evaluation 15, Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation, Acknowledg ments: (Company Name) (Signature) (Typed Name & Title) By Contractor: GC-CA-G-1 By Design Professional: By Owner: TPA#1953633,11 GC-CA-G-2 16C3~ä (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16C3~t EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents, Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein, 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work, 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager, Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents, 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 .... ..... : " ,",-""-"~"--''''~''''-''-~'--''---- 16C3'~ ~' those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption, Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions, Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons, Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties, GC-CA-H-2 16 C 3w 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"), The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time, The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor, 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m, to 7:00 p.m., Monday through Saturday, No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order, Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 Lbt;3 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. 'The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC-CA-HA 16C3 .. I 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that ar" then due and payable by Owner with respect to the current Application for Payment.' F~rther, to the extent directed by Owner and in Owner's sole discretion, Contractor shail also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable, 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspectíons that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor, GC-CA-H-5 16C3 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner, 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G, 6,2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection, 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7,2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named, Requests for review of GC-CA-H-6 16C3 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. .if ,I 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated, The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute, 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7,5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing, The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute, The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute, GC-CA-H-7 16C3 ''. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8,1,1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractors 8.1.3 personnel; 8,1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8,1,5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8,1.7 Any unusual or special occurrences at the Project site; 8.1 ,8 Materials received at the Project site; 8,1,9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents, 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction, The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services, All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e,g, interior or exterior wall GC-CA-H-8 16C3~. faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours, 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12,2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion, GC-CA-H-9 16C3 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder, 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order, No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders, The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree, 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change, In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner, If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%), All compensation due Contractor and any Subcontractor or GC-CA-H-10 16C3'. sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractors books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order, Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents, The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim, Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim, 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC-CA-H-11 16C3'~ ~ ~.'! or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected, The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12,3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shalf inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor, Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC-CA-H-12 10(;3 .. ... for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing, To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15,1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC-CA-H-13 16C3 bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner, 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits, Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits, 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents, 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC-CA-H-14 16C3 .. of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder, 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below, 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC-CA-H-15 16C3 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor, If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC-CA-H-16 16C3". they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable, Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents, Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner, Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied w8':"ranties to which Owner is entitled as a matter of law, 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct GC-CA-H-17 16C3 , ~f the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access, Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22,3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice, If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense, 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work, Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays, 22,6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. GC-CA-H-18 23. DEFECTIVE WORK. 16C3 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work, Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person, 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work, GC-CA-H-19 16C3 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency, Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency, To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph, All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder, 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents, Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents, Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances, The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor, Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24,2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the GC-CA-H-20 ..f ,.1 ,,~, , 16C3 Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages. separate from the liquidated damages described in Section 5.8. for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations, If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas GC-CA-H-21 16C3 identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1,1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements. roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection, Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property, Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3, Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents, This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property, All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property, Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind, GC-CA-H-22 16C3 .~ 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free, Smoking is strictly prohibited; 28,5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times, All Employees working at the Project site must log in and out with the Contractor each day; 28.5,3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28,5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28,5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28,5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5,8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule. procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work, During the prosecution of the Work, GC-CA-H-23 16C3 the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000, To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing, The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award, 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32,1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work, Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"), Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner, Contractor shall allow two weeks for execution of all such purchase orders by Owner. GC-CA-H-24 Conlractor represents and warrants Ihal il will use ils besl efforts 10 !~Ee~lh ~ Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor, With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and' for its responsibilities for Federal excise taxes, 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors, Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner, All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement GC-CA-H-25 16C3 .~.. requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner, Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work, 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses, All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order, Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound, Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors, 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order, In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work, The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years, The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work, GC-CA-H-26 16 C 3 . 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6,2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders, 33,6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims, 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1,1 34.1.2 34.1,3 34.1 .4 34.1,5 34,1.6 34.1.7 34,1.8 34.1.9 34.1 . 1 0 34,1,11 34.1,12 34,1,13 34.1,14 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates GC-CA-H-27 34.1 ,15 34.1 ,16 34.1 ,17 34.1.18 34.1 ,19 34.1 ,20 34.1,21 34.1.22 34,1 ,23 34.1.24 34,1.25 34.1,26 34,1.27 34.1.28 34,1.29 34,1.30 34,1.31 34,1.32 16C3 Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying, GC-CA-H-28 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 16 C 3 ~. a. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. GC-CA-I-1A EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 16C3 " '~ 1. COMPLIANCE WITH COLLIER COUNTY ORDINANCES The Contractor shall perform construction in compliance with all applicable requirements of County Ordinance No. 2004-31. 2. CARE OF EXISTING LANDSCAPING The Contractor shall be fully responsible for maintaining, in good condition, all cultivated grass, trees and shrubs. Where maintained grass, tress or shrubs must be removed or destroyed as a result of the construction/excavation, the Contractor shall replace those areas with gravel upon completion of work. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with a tree paint. 3. TESTING The Contractor shall pay for all testing. Generally, tests will be compaction and density tests, limerock quality tests, concrete quality tests (cylinder breaks). On asphalt, concrete and pipe, the manufacturer's or supplier's certificate that the product meets the specification requirement will be acceptable subject to the verification of the Design Professional. All tests results are subject to the Design Professional's approval. No Contractor owned or operated testing laboratory will be considered "independent". 4. DRAINAGE The Contractor shall conduct his work at all times such that adequate drainage is provided and shall not interfere with or block existing drainage facilities such as gutters, ditches, storm drains or other drainage appurtenances. 5. HYDRANTS Existing fire hydrants adjacent to the project shall be kept accessible for fire apparatus at all times and no material or equipment shall be placed within 25 feet of any hydrant. 6. WATER MANAGEMENT/EROSION CONTROL The Contractor shall exercise extreme care to minimize contamination of rainfall run-off from the site. All necessary provisions and care shall be taken to ensure compliance with the water quality standards of the State of Florida, more particularly the South Florida Water Management District. The Contractor shall make himself familiar with Chapter 62-3, Florida Administrative Code, WS-CA-I-1 16C3 ,4 . ,.~..... _J Compliance for protection of state waters and/or jurisdictional areas require the use of hay bales, temporary swales, settling ponds, silt screens and other appropriate methods as necessary to prevent soils and sediment from entering such areas. . 7. PERMITS The Contractor shall become familiar with the requirements and be responsible for applying for and obtaining all required permits prior to start of work. A Collier County Right-of-Way permit may be required for all manhole rehabilitations. Please Contact the Collier County Right-of-Way Permitting Department at (239) 659-5767 or visit their website at: http://www.collierQov.netltransadmin/tra nsoperations/rowl for application forms and procedures. 8. WORKING CONDITIONS The Contractor shall be responsible, in all respects, to conduct his operations in compliance with the U.S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Health and Safety Act of 1970 (PL-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). 9. OWNER Collier County Board of Commissioners, County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112. 10, ENGINEER The terms Design Professional, Design Engineer, and Engineer are used interchangeably throughout the Contract Documents, and refer to Greeley and Hansen LLC. 11. RIGHTS RESERVED (i) The Owner reserves the right to have special work, not included herein, performed during the course of construction, under separate contract. 12, SUBMITIALS (i) Three copies of General Contractors Class A License. (ii) Insurance: Four copies of the required insurance coverage. (iii) Project Schedule: Five copies of the project schedule (iv) Shop Drawings: Five copies of all shop drawings, design computations. proposed products with technical literature and WS-CA-I-2 16 C 34 4 specifications with an affidavit indicating compliance with these specifications. (v) Deliver to the Design Engineer for review all required technical literature, samples, etc. fully and properly tagged. (vi) Warranties: Two copies of executed warranty with proper endorsements. 13. PRE-CONSTRUCTION MEETING A pre-construction meeting· will be held at the construction site or the Wastewater Collection office with the Contractor, Design Engineer and Owner's Representatives prior to the start of work, to review the specifications, details of construction, method of measurements, payments, etc. 14. JOB SITE MEETINGS Job site meetings will be held with Contractor's Representative to review progress, construction schedule and items requiring clarification and coordination. Contractor shall have a responsible representative present. 15. CONTRACTOR EXPERIENCE Provide three references that demonstrate experience with similar magnitude projects. This information shall include: · Project scope · Name, address and phone number of reference . Bid Price · Final Price . Proposed and Actual Schedules 16. COORDINATION WITH OTHER CONTRACTORS The Contractor shall be responsible for cooperation and coordination with any contractors working near the site. 17. CONSTRUCTION OPERATIONS AND EQUIPMENT The work shall be kept in a neat, graded condition to provide positive surface drainage and prevent ponding of water. When the work is halted by rain, the Contractor shall clean up and grade the work site prior to daily shutdown. Excavations shall not be left open over a weekend. Excavations shall not be left open overnight unless properly barricaded. The Contractor shall, at all times and in all respects, employ equipment adequate for all site conditions to properly perform the work as shown on the Plans, specified or directed by the Design Professional. WS-CA-I-3 16C3 The cost of any special equipment, labor or material required to complete the work in the locations shown on the plans or specified shall be included in the unit prices in the Proposal and no separate payment will be made therefor. 18. EXISTING UTILITIES The Contractor shall be responsible for locating and protecting all utilities in areas of construction. The Contractor shall be responsible for any damage to existing utilities arising from any of the Contractor's activities as well as those of any of his subcontractors, including installation of the new work. The Contractor shall arrange his work to avoid damage or disruption to any other utility or house service. The Contractor shall advise each utility affected, a minimum of 48 hours in advance of starting any work which may affect any other utility. Methods and techniques used by the Contractor to protect and maintain other utilities shall be subject to prior approval by the Design Professional and County. Water and sewer services damaged by the Contractor or his subcontractors shall be repaired or replaced by the Contractor to the extent directed by the Design Professional. Materials used for the repair or replacement shall be similar to those damaged or shall conform to current standards of Collier County, All damaged water or sewer services shall be promptly repaired and shall be returned to service within 8 hours of the damage occurrence. Other public utilities, that are damaged by the Contractor or his subcontractor, shall be repaired by the utility having jurisdiction and all costs for the repair shall be borne by the Contractor. Where the relocation, disruption or special maintenance of existing utilities is expected and shown on the plans the disruption to existing service shall be kept to a minimum time. The Contractor shall submit a schedule to the Engineer for approval prior to commencing work. All costs associated with protecting, repairing, replacing, relocating or maintaining existing utilities shall be included in the unit prices in the Bid Schedule. 19. CLEANING Before the work is considered complete, all rubbish and unused material due to or connected with construction must be removed and the area left in a condition satisfactory to the Owner. Final payment shall be withheld until such work is completed. 20. GUARANTEE (i) All work shall be guaranteed for a minimum period of one (1) year from defects in materials and workmanship unless otherwise indicated in Technical Specifications. WS-CA-I-4 16C3 ~ (ii) The General Contractor and his subcontractors shall guarantee their work for a period of one (1) year from the date of acceptance of completed work by the Engineer. Neither the final certificate of payment nor any provisions of the Contract Documents or the Engineer's periodic observations shall release the Contractor of the responsibility of negligence, faulty materials or workmanship within the extent and period provided by Law. 21. PRODUCTS All products will be installed in strict accordance with the manufacturers specifications and directions. Before using, submit technical literature and specifications for review and approval. 22. TEMPORARY UTILITIES (i) Toilets: Contractor shall provide for sanitary portable toilets at the job site for use by workmen. (ii) Water & Electric Power: Contractor is responsible for arranging for any utilities that may be required to complete the work. Contractor shall provide necessary means of conveyance from the source as required. 28. CONSTRUCTION DAMAGE All site grounds, grass, structures, utilities etc. damaged by the Contractor shall be restored to its original condition at no extra cost to the Owner. Grassed areas shall be replaced by sodding in accordance with the Technical Specifications. 29. LAYOUT OF WORK The Contractor shall layoUt his own work. A licensed surveyor shall be retained by the Contractor to set up benchmark and necessary control lines and elevations, 30. FAILED ENGINEERING OBSERVATIONS Contractor's work failing Design Professional's observations, requIring re- inspection shall be back charged to the Contractor and deducted from his application for payment at the following rates: Engineering Technician $72.00/hour WS-CA-I-5 16C3·~ 31. CHANGES TO DRAWINGS AND SPECIFICATIONS: A. Request for information and changes: All request for information or clarifications shall be submitted in writing as an RFI to the Design Engineer. There shall be no changes to the Drawings or specifications unless requested in writing and authorized by the Owner and Design Engineer in writing. B. Change Orders: All changes to contract work shall be subsequent to, written change orders issued by the Design Professional through the Owner and signed by both Owner and the Contractor. Provide detailed materials, labor, O.H.P. breakdown with pertinent backup information for an evaluation of proposed change order pricing. Submit 4 copies. WS-CA-I-6 16C3 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 ~ 16C3 f COLLIER COUNTY WATER-SEWER DISTRICT TECHNICAL SPECIFICATIONS Table of Contents DIVISION 1 - GENERAL REQUIREMENTS Summary of Work Measurement and Payment References Quality Control Construction Facilities and Temporary Controls Traffic Regulation and Public Safety Material and Equipment Cleaning Operations and Maintenance Manuals SECTION 01010 01026 01090 01400 01500 01570 01600 01710 01730 DIVISION 2 - SITEWORK Restoration by Sodding or Seeding Pavement Repair and Restoration Internal Chimney Seals 02400 02575 02607 DIVISION 3 - CONCRETE Concrete, Masonry Mortar and Grout 03310 COLLIER COUNTY TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Page 1 of 1 16C3 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL SECTION INCLUDES 1.1 A. B. C. D. 1.2 A. Description of Work CONTRACTOR's Use of Site Work Sequence COUNTY Occupancy DESCRIPTION OF WORK General: The Work to be done under this Contract consists of, but is not limited to: 1. Installation of 152 new interior manhole chimney seals as indicated on the plans and in the specifications. B. The plan packet which is applicable to the Contract is titled as follows: BID NO.: 05-3871 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS C. The Work includes: 1. Coordination of all work through Wastewater Collections Department prior to beginning construction. 2. Furnishing of all labor, material, superintendence, plant, power, light, heat, fuel, water, tools, appliances, equipment, supplies, services and other means of construction necessary or proper for performing and completing the Work. 3. Sole responsibility for adequacy of manholes and equipment. 4. Maintaining the Work area and site in a clean and acceptable manner. Section 01010 COLLIER COUNTY SUMMARY OF WORK TECHNICAL SPECIFICATIONS Page 1 of 4 ......._,_;.,~,,"",,~._ -"''''''-'_''''___",._-"._,"_."""'",,,_," ,e; 16C3 5. Maintaining existing facilities in service at all times. 6. Protection of finished and unfinished Work. 7. Repair and restoration of Work or existing facilities damaged during construction. 8. Furnishing as necessary proper equipment and machinery, of a sufficient capacity, to facilitate the Work and to handle all emergencies normally encountered in Work of this character. 9. Furnishing, installing, and protecting all necessary guides, track rails, bearing plates, anchor and attachment bolts, and all other appurtenances needed for the installation of the devices included in the equipment specified. Make anchor bolts of appropriate, size, strength and material for the purpose intended. Furnish substantial templates and shop drawings for installation. D. Implied and Normally Required Work: It is the intent of these Specifications to provide the COUNTY with complete operable systems, subsystems and other items of Work. Any part or item of Work, which is reasonably implied or normally required to make each installation satisfactorily and completely operable, is deemed to be included in the Work and the Contract Amount. All miscellaneous appurtenances and other items of Work incidental to meeting the intent of these Specifications are included in the Work and the Contract Amount even though these appurtenances may not be specifically called for in these Specifications. E. Quality of Work: Regard the apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished as meaning that only the best general practice is to prevail and that only materials and workmanship of the best quality are to be used. Interpretation of these specifications will be made upon this basis. F. No Duty: The duty of the OWNER or ENGINEER to observe CONTRACTOR's performance does not include any review of the adequacy of CONTRACTOR's safety measures in, on, or near the Work site or sites. ENGINEER has not been retained or compensated to provide design or construction review services relating to CONTRACTOR's safety precautions required for CONTRACTOR to perform Work. G. No Liability: Neither the OWNER, nor any official or employee of the OWNER, nor the ENGINEER, or any authorized assistant or agent of any of them, shall be responsible for safety precautions and programs in connection with the Work or any liability arising there from, COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 20f 4 16C3 :~ 1.3 CONTRACTOR'S USE OF SITE A. In addition to the requirements of the Supplemental Terms and Conditions, limit use of site and premises for work and storage to allow for the following: 1. Coordination of the Work under this CONTRACT with the work ofthe other contractors where Work under this CONTRACT encroaches on the Work of other contractors. 2. COUNTY occupancy and access to operate existing facilities. 3. Coordination of site use with ENGINEER. 4. Responsibility for protection and safekeeping of products under this CONTRACT. 5. Providing additional off site storage at no additional cost to the COUNTY as needed. 1A WORK SEQUENCE A. Installation of new interior chimney seal. 1.· Secure work area in accordance with County regulations and Sections 01400 and 01500. 2. Thoroughly clean entire manhole chimney to be sealed per manufacturers recommendations. 3. Apply/install new chimney seal per manufacturers recommendations. 4. Cleanup/restore work area in accordance with County regulations and Section 01710. 5. Coordinate all work through Wastewater Collections Department. 1.5 COUNTY OCCUPANCY A. The COUNTY will occupy premises during entire period of construction in order to maintain normal operations. Cooperate with the County's Manager or designee in all construction operations to minimize conflict, and to facilitate COUNTY usage. B. Conduct operations with the least inconvenience to the general public. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 3 of 4 16C3 1.6 PROTECTION OF EXISTING UTILITIES A. In case of damage to existing utilities caused by construction activities, contact the owner of the utility or appropriate COUNTY department (Water or Wastewater) immediately. Repair any damage to existing utilities caused by construction activities in coordination with or as directed by the owner of the utility . PART 2 PRODUCTS Not Used PART 3 EXECUTION A. Starting Work: Start Work within 10 days following the date stated in the Notice to Proceed and execute with such progress as may be required to prevent delay to other contractors or to the general completion of the project. Execute Work at such items and in or on such parts of the project, and with such forces, material and equipment, as to complete the Work in the time established by the Contract. At all times, schedule and direct the Work so that it provides an orderly progression to completion within the specified time for completion. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 4 of 4 16C3 SECTION 01026 MEASUREMENT AND PAYMENT (Applies only to Collier County Public Utilities Projects or Works, not to Private Developments and not to Collier County Transportation Projects) PART 1 GENERAL SECTION INCLUDES 1.1 A. B. C. D. 1.2 A. Explanation and Definitions Measurement Payment Schedule of Values EXPLANATION AND DEFINITIONS The following explanation of the Measurement and Payment for the Bid Schedule items is made for information and guidance. The omission of reference to any item in this description shall not, however, alter the intent of the Bid Schedule or relieve the CONTRACTOR of the necessity of furnishing such as a part of the Contract. Measurement and payment for all Contract Items shall be made in accordance with this section or as modified by the Supplemental Terms and Conditions. 1.3 MEASUREMENT A. The quantities set forth in the Bid Schedule are approximate and are given to establish a uniform basis for the comparison of bids. The COUNTY reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accord with the terms of the Contract. 1.4 PAYMENT A. Make payment for the items listed on the Bid Schedule on the basis of the work actually performed and completed, such work including but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, clean up, restoration of disturbed areas, and all other appurtenances to complete the construction and installation of the work as shown on the drawings and described in the specifications. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01026 MEASUREMENT AND PAYMENT Page 1 of 4 16 C 3'~ B. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable. 1.5 SCHEDULE OF VALUES A. Approval of Schedule: Submit for approval a preliminary schedule of values, in duplicate, for all of the Work. Prepare preliminary schedule in accordance with the Supplemental Terms and Conditions. Submit preliminary schedule of values within 10 calendar days after the Effective Date of the Agreement. Submit final schedule of values in accordance with the Supplemental Terms and Conditions. B. Format: Utilize a format similar to the Table of Contents of the Project Specifications. Identify each line item with number and title of the major specification items, Identify site mobilization, bonds and insurance. Include within each line item, a direct proportional amount of CONTRACTOR's overhead profit. C. Revisions: With each Application for Payment, revise schedule to list approved Change Orders. PART 2. PRODUCTS Not Used PART 3 EXECUTION 3.1 MEASUREMENT AND PAYMENT A. Make payment on the basis of work actually performed completing each item in the Bid, such work including, but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, cleanup, and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. 1, Mobilization: Payment for mobilization will be made for at the Contract lump sum price. 2. Furnish and Install Sanitary Sewer Manhole Internal Chimney Seals: Payment for furnishing and installing Sanitary Sewer Manhole Interior Chimney Seals will be made at the appropriate Contract unit price per chimney seal acceptably installed. This item includes all labor, equipment and materials for furnishing and installing all necessary maintenance of traffic, materials, excavation, dewatering, compaction, removal and COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01026 MEASUREMENT AND PAYMENT Page 2 of 4 16C3 ..' ~ ì replacement of grass, sod, shrubs, pavement, driveways, culverts and storm sewers, mailboxes, sidewalks and other. surface materials not specifically designated in the Bid, cleanup, testing, and all other work for a complete install ation. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01026 MEASUREMENT AND PAYMENT Page 3 of 4 COLLIER COUNTY TECHNICAL SPECIFICATIONS NO TEXT FOR THIS PAGE 16G3~t Section 01026 MEASUREMENT AND PAYMENT Page 4 of 4 SECTION 01090 REFERENCES 16C3 ~ PART1 GENERAL SECTION INCLUDES 1.1 A. B. C. D. 1.2 A. Reference Abbreviations Abbreviations Reference Standards Definitions RELATED SECTIONS Information provided in this section is used where applicable in individual Specification Sections, Divisions 2 through 16. 1.3 REFERENCE ABBREVIATIONS A. Reference to a technical society; trade association or standards setting organization, may be made in the Specifications by abbreviations in accordance with the following list: AABC AAMA AASHTO AATCC ACI ADC AFBMA AGA AGMA AHA AISC AISI AMCA ANSI APA ARI ASCE ASH RAE Associated Air Balance Council Architectural Aluminum Manufacturers Association American Association of State Highway and Transportation Officials American Association of Textile Chemists and Colorists American Concrete Institute Air Diffusion Council Anti-friction Bearing Manufacturers Association American Gas Association American Gear Manufacturers Association Association of Home Appliance Manufacturers American Institute of Steel Construction American Iron and Steel Institute Air Movement and Control Association, Inc. American National Standards Institute American Plywood Association American Refrigeration Institute American Society of Civil Engineers American Society of Heating, Refrigerating and Air Conditioning Engineers COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 1 of 8 16C3 ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineers ASTM American Society for Testing and Materials AWl Architectural Woodwork Institute AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association BHMA Builders' Hardware Manufacturers Association BIA Brick Institute of American CABO Council of American Building Officials CAGI Compressed Air and Gas Institute CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers Association of America CRD U.S. Corps of Engineers Specifications CRSI Concrete Reinforcing Steel Institute CTI Cooling Tower Institute DHI Door and Hardware Institute DOH Department of Health DOT Department of Transportation Fed. Spec. Federal Specifications FGMA Flat Glass Marketing Association FM Factory Mutual HMI Hoist Manufacturing Institute HPMA See HPVA HPVA Hardwood Plywood Veneer Association ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IFI Industrial Fasteners Institute MIL Military Specifications MSS Manufacturer's Standardization Society NAAMM National Association of Architectural Metal Manufacturers NACM National Association of Chain Manufacturers NBS National Bureau of Standards, See NIST NEBB National Environmental Balancing Bureau NEC National Electrical Code NEMA National Electrical Manufacturers Association NETA National Electrical Testing Association NFPA National Fire Protection Association NFPA National Forest Products Association NFPA National Fluid Power Association NIST National Institute of Standards and Technology NLMA National Lumber Manufacturers Association NSF National Sanitation Foundation OSHA Occupational Safety and Health Act PCI Prestressed Concrete Institute POI Plumbing and Drainage Institute SAE Society of Automotive Engineers SCPRF Structural Clay Products Research Foundation COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 2 of 8 16C3 . SMACNA SPI SSPC STI TCA TIMA UL USBR USBS Sheet Metal and Air Conditioning Contractors' National Association Society of the Plastics hidustry Steel Structures Painting Council Steel Tank Institute Tile Council of American Thermal Insulation Manufacturers' Association Underwriters' Laboratories, Inc. U. S. Bureau of Reclamation U. S. Bureau of Standards, See NIST 1.4 ABBREVIATIONS A. Abbreviations which may be used in individual Specification Sections Divisions 1 through 16 are as follows: alternating current ............................. ac American wire gauge.....................AWG ampere{s).. ........ ...... ............. .......... amp ampere-hour{s).............. .................. AH annual.... ......................,............, ..... ann Ampere Interrupting Capacity... ,.. ...... ........' ..... ..... ......... AIC atmosphere{s) ................................. atm average .... ..... .............. ... ........... .......avg cubic feet per second........................ cfs cubic foot (feet) ............................... cu ft cubic inch{es)................................. cu in cubic yard{s) ................................. cu yd biochemical oxygen demand ........,.BOD Board Foot.. .................. .....' .......... FBM brake horsepower..................,......... bhp Brinell Hardness ,............................. BH British thermal unit{s) ....................... Btu decibels ......... ............ ........... .......... ...dB decibels (A scale) ........................~...dBa degree{s) ............... ......... ........ .... ..... deg dewpoint temperature ....................... dpt diameter............ ........... ..................... dia direct current................................ ...... dc dissolved oxygen........... ........ ...... ..... DO dissolved solids................................. DS dry-bulb temperature ........................ dbt calorie (s) ............,............ ................. cal carbonaceous biochemical oxygen demand ........................ CBOD Celsius (centigrade) ......,.................... C Center to Center ,.......,..............,. C to C centimeter{s) ....,.., ........... ............. ,... cm chemical oxygen demand ...,.......... COD coefficient, valve flow........................ Cv condensate return .........,.................. CR cubic............................,.......,............. cu cubic centimeter(s) .......,...............,..... cc cubic feet per day ..............,...........,...cfd cubic feet per hOuL.................. ...,......cfh cubic feet per minute ,...,.,..,..,.........,.cfm cubic feet per minute, standard conditions ,........,............. scfm efficiency........ ........... ......................... eff elevation. ......... .......... ........ ................ el entering water temperature.............. ewt entering air temperature.................... eat equivalent direct radiation .................edr face area........ ..................................... fa face to face ..................................... f to f Fahrenheit ....... ,... .................. .......... .... F feet per day....................................... fpd feet per hour ..................................... fph feet per minute, .... .................. .......... fpm feet per second ................................. fps foot (feet) .............................................. ft foot-candle.............. ...... ......... ............. fc foot-pound. ,....... ...... ......... ............... ft-Ib foot-pounds per minute ............. ft-Ib/min COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 3 of 8 16C3 foot-pounds per second ............. ft-Ib/sec formazin turbidity unit(s) ................. FTU frequency.......... ...,.,............,.... ....... freq fuel oil......,........................................ FO fuel oil supply................................. FOS fuel oil return .......,.......................... FOR linear foot (feet)............................... fin ft liter( s )................... .......... ............ .......... L gallon( s) .............. ............................ ..gal gallons per day................................ gpd gallons per day per cubic foot.. ........ ................ ......gpd/cu ft gallons per day per square foot .............................gpd/sq ft gallons per hour.............................. gph gallons per minute.......................... gpm gallons per second ...........................gps gas chromatography and mass spectrometry ...................GC-MS gauge .. ....... ..... ,....... ,. ......... ,.............. ga grain(s) .......... .............. ,. ,............, ....... gr gram(s) ... ,....... ..... .........,. ... .... .............. 9 grams per cubic centimeter ..........gm/cc Heat Transfer Coefficient......,..............U height...... ,...,......,............... .......,...... hgt Hertz......... ,.... .......... ... ........... ........... Hz horsepower ..... '..... ... .............. ....,..... hp horsepower-hour .........,................. hp-hr hour(s).... ..... ........ ,. ......... ... ,... '.. ......... hr humidity, relative ............................... rh hydrogen ion concentration ......,...,..,.pH megavolt-ampere( s) ....................... MV A . meter( s) ............... ............ ...... ............. m micrograms per liter ...................... ug/L miles per hour ................................. mph milliampere(s) .................................. mA milligram(s) ................ ... ................... mg milligrams per liter......................... mglL milliliter( s) ........................ ................ mL millimeter(s) .................. .................. mm million gallons..................... ............ MG million gallons per day................... mgd millisecond(s) ................ ................... ms millivolt( s)............... ........ ............. ..... mV minute( s)..............,........ ............ ...... min mixed liquor suspended solids .....,... .... ............ ............ .... MLSS nephelometric turbidity unit. ....... ...... ...... ............ ................NTU net positive suction head ............. NPSH noise criteria ...................................... nc noise reduction coefficient ............. NRC number .............................................. no ounce(s).......... ..... ,........ ........ ............. oz outside air.......................................... oa outside diameter ......,........................OD inch( es) ....,...,....... ...................... ,........in inches per second .............................ips inside diameter ...................................ID parts per billion ............................... ppb parts per million ............................. ppm percent.....,........,.....,............... ......... pct phase (electrical) .......................... . , ph pound(s) ................ ....... ..................... Ib pounds per cubic fooL..................... pet pounds per cubic foot per hour ...................................... pet/hr pounds per day ...........................Ibs/day pounds per day per cubic foot ..........................Ibs/day/cu ft pounds per day per square foot........................lbs/day/sq ft pounds per square foot .................... psf pounds per square foot per hour ...................................... psf/hr pounds per square inch .,................. psi Jackson turbidity unit(s)...................JTU kelvin ......................,........,. ......... ........ K kiloamperes... ................ .................... kA kilogram( s) ......................................... kg kiJom eter( s) .......,...,............,............., km kilovar (kilovolt-amperes reactive) ..,....,.,............,.,...'........... kvar kilovolt( s) ........................................... kV kilovolt-ampere( s).. .......... ..... ,......,... kV A kilowatt(s) ................ ........ ..... ............ kW kilowatt-hour(s) ...................... ......... kWh COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 4 of 8 pounds per square inch absolute......... ....... ......................... psia pounds per square inch gauge.................. ............ .............. psig power factor............. ..... .................... PF pressure drop or difference ........... ............ ,............ .... dp pressure, dynamic (velocity) ............... ........ ,............. ...... vp pressure, vapor ............................vap pr 16C3 supply air ...................................... .. sa suspended solids ............................. SS quart(s).................................... ........... qt temperature .................................. temp temperature difference..................... TO temperature entering ....................... TE temperature leaving .......................... TL thousand Btu per hour ................... Mbh thousand circular mils ................... kemil thousand cubic feeL....................... Met threshold limit value ....................... TLV tons of refrigeration ......................... tons torque. ........... .............. ..... ..... ....... TRQ total dissolved solids ...............'...... TOS total dynamic head......................... TOH total kjeldahl nitrogen ..................... TKN total oxygen demand .................... TOO total pressure.... ............................ ... TP total solids...,.................................... TS total suspended solids ................... TSS total volatile solids............. TVS vacuum viscosity..,... '~....... ..............,. ..... ...... visc volatile organic chemical............... VOC volatile solids .................................... VS volatile suspended solids ............... VSS volt(s)...... .... ........ ....... ........ .... ... .......... V volts-ampere(s) ......, ......... ......... ....... VA volume.....,.. ,.......... '....,.... ................ vol watt(s)...... ... ..... ,... ...,.. .... .... ....... ......... W watthour(s) ....... .... ..... ..... ,... ,............. Wh watt-hour demand......................... WHO watt-hour demand meter............ WHOM week(s) ....... ,.... .... .......... ................... wk weight.....,......... ................................ wt wet-bulb. ......... ........... .... ....... .......... WB wet bulb temperature .................... WBT Rankine ....... ............. ... ,............... ....... R relative humidity................................. rh resistance........................................ res return air..........................,.,......,...,..... ra revolution (s) .............. ...... ................ rev revolutions per minute ..................... rpm revolutions per second ..................,. rps root mean squared .....,................... rms safety factor .......... ....... ................ ....... sf second( s) ............. ................,.......... sec shading coefficienL......................... SC sludge density index....................... SOl Sound Transmission Coefficient ,.................................. STC specific gravity...... ....... .... ..... ........ sp gr specific volume........................... Sp Vol sp ht at constant pressure ................ Cp square ..... ........... ........ ,...... ,. .............. sq square centimeter(s) ............,.,.....sq em square foot (feet) .....,.......................sq ft square inch (es)..........,...................sq in square meter(s) ..... ........... .... .... ..... sq m square yard(s) .. ................ ....... ...... sq yd standard ........ ....... .................., ......... std static pressure ...................,............ st pr yarde s) ............................................... yd year( s) ................................................ yr 1.5 REFERENCE PUBLICATIONS "The following publications are incorporated into this Manual and are made a part of this Manual as is set out verbatim in this Manual. Violations of any provision of every such publication, as up-dated from time-to-time by Resolution(s) of the Board of County COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 5 of 8 -..-..-...-,...-",.- ~ / vac 16C3 Commissioners, shall be a violation of the Collier County Utility Standards and Procedures Ordinance, as then amended." A. Water Environment Federation, Manual of Practice No.8, Wastewater Treatment Plant Design, W.E.F., 601 Wythe Street, Alexandria, VA, 22314-1994. 8. Water Environment Federation, Manual of Practice No.9, Design and Construction of Sanitary and Storm Sewers, W.E.F., 601 Wythe Street, Alexandria, VA, 22314-1994. C. Great Lakes/Upper Mississippi River Board of State Sanitary Engineers. Recommended Standards for Sewage Works, Health Education Service, Inc., P.O. Box 7283, Albany, New York, 12224. D. Great Lakes/Upper Mississippi River Board of State Sanitary· Engineers. Recommended Standards for Water Works, Health Education Service, Inc., P.O. Box 7283, Albany, New York, 12224. E. Rules of the Florida Department of Environmental Protection for Water, Wastewater, and Reclaimed Water Systems, latest revisions of F.A.C. Chapters 62-550, 62-555, 62-600, 62-604, 62-610, 64E-6, and 64E-8, 3900 Commonwealth Boulevard M.S. 49, Tallahassee, Florida, 32399. F. American Water Works Association, Inc., Water Treatment Plant Design, 6666 West Quincy Avenue, Denver, Colorado, 80235. G. American Water Works Association, Inc., Water Treatment Plant Design. AWWA, Standards and Application Manuals, 6666 West Quincy Avenue, Denver, Colorado, 80235. H. Ductile Iron Pipe Research Association, Handbook, Ductile Iron Pipe/Cast Iron Pipe. Ductile Iron Pipe Research Association, 245 Riverchase Parkway East, Birmingham, Alabama, 35244. I. Uni-Befl Plastic Pipe Association, Handbook of PVC Pipe, Uni-Bell Plastic Pipe Association, 2655 Villa Creek Drive, Suite 164, Dallas, Texas, 75234. J. American National Standards Institute, latest revisions of applicable standards, 1819 L Street NW, Suite 600, Washington, D.C., 20036. K. American Society for Testing and Materials, latest revisions of applicable standards, ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania, 19428-2959. L. National Water Research Institute, Treatment Technologies for Removal of MTBE. NWRI, 10500 Ellis Ave., P.O. Box 20865, Fountain Valley, CA, 92728. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 60f 8 16 C 3 " M. National Water. Research Institute, Valuing Ground Water: Economic Concepts/Approaches. NWRI, 10500 Ellis Ave., P.O. Box 20865, Fountain Valley, CA,92728.7.3.14. N. U.S. Environmental. Protection Agency, Design Criteria for Mechanical, Electric, and Fluid System and Component Re1iability, Supplement to the Federal Guidelines for Design, Operation, and Maintenance of Wastewater Treatment Facilities, Technical Bulletin EPA-430-99-74-001, U.S. EPA, Office of Water Program Operations. O. Florida Department of Transportation, Standard Specifications for Road and Bridge Construction, Maps & Publications Sales, Mail Station 12, 605 Suwannee Street, Tallahassee, Florida 32399-0450. P. Plastics Pipe Institute, Handbook of Polyethylene Pipe, 1825 Connecticut Ave., NW, Suite 680, Washington, DC 20009. Q. National Fire Protection Association, 1995 Edition of NFPA 24 - Standard for the Installation of Private Fire Service Mains and Their Appurtenances, 1 Batterymarch Park, Quincy, MA 02169. R. Collier County Water-Sewer District Utilities Standards Manual. S. National Electric Code, latest revisions of applicable requirements. 1.6 REFERENCE STANDARDS A. Latest Edition: Construe references to furnishing materials or testing, which conform to the standards of a particular technical society, organization, or body, to mean the latest standard, code, or specification of that body, adopted and published as of the date of bidding this Contract. Standards referred to herein are made a part of these Specifications to the extent that is indicated or intended. B. Precedence: The duties and responsibilities of the COUNTY, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees are set forth in the Contract Documents, and are not changed or altered by any provision of any referenced standard specifications, manuals or code, whether such standard manual or code is or is not specifically incorporated by reference in the Contract Documents. Any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority, to undertake responsibility contrary to the powers of the ENGINEER as set forth in the Contract Documents cannot be assigned to the ENGINEER or any of the ENGINEER's consultants, agents or employees. 1.7 DEFINITIONS A. In these Contract Documents the words furnish, install and provide are defined as follows: COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 7 of 8 "··--'··-···~·__V"l 16C30! 1. Furnish (Materials): to supply and deliver to the project ready for installation and in operable condition. 2. Install (services or labor): to place in final position, complete, anchored, connected in operable condition. 3. Provide: to furnish and install complete. Includes the supply of specified services. When neither furnish, install or provide is stated, provided is impli"ed. 4. COUNTY: Collier County Board of Commissioners, County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112, or authorized staff or representatives. 5. ENGINEER: The terms Design Professional, Design Engineer, and Engineer are interchangeably used throughout the Contract Documents. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 8 of 8 16C3 . SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.1 A. B. C. D. E. F. G. 1.2 A. SECTION INCLUDES Submittals Inspection Services Inspection of Materials Quality Control Costs of Inspection Acceptance Tests Failure to Comply with Contract SUBMITTALS General: Provide all submittals, including the following, as specified in Division 1 and the individual material sections. B. Certificate Submittals: Furnish the ENGINEER authoritative evidence in the form of Certificates of Manufacture that the materials and equipment to be used in the Work have been manufactured and tested in conformity with the Contract Documents. Include copies of the results of physical tests and chemical analyses, where necessary, that have be~n made directly on the product or on similar products of the manufacturer. 1.3 INSPECTION SERVICES A. COUNTY's Access: At all times during the progress of the Work and until the date of final completion, afford the County Manager or designee and ENGINEER every reasonable, safe, and proper facility for inspecting the Work at the site. The observation and inspection of any work will not relieve the CONTRACTOR of any obligations to perform proper and satisfactory work as specified. Replace work rejected due to faulty design, inferior, or defective materials" poor workmanship, improper installation, excessive wear, or nonconformity with the requirements of the Contract Documents, with satisfactory work at no additional cost to the COUNTY. Replace as directed, finished or unfinished work found not to be in COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 1 of 8 16C3" strict accordance with the Contract, even though such work may have been previously approved and payment made therefor. B. Rejection: The COUNTY and the County's Manager or designee have the right to reject materials and workmanship which are defective or require correction. Promptly remove rejected work and materials from the site. C. Inferior Work Discoveries: Failure or neglect on the part of the COUNTY or the County's Manager or designee to condemn or reject bad or inferior work or materials does not imply an acceptance of such work or materials. Neither is it to be construed as barring the COUNTY or the County's Manager or designee at any subsequent time from recovering damages or a sum of money needed to build anew all portions of the Work in which inferior work or improper materials were used. D. Removal for Examination: Should it be considered necessary or advisable by the COUNTY or the County's Manager or designee, at any time before final acceptance of the Work, to make examinations of portions of the Work already completed, by removing or tearing out such portions, promptly furnish all necessary facilities, labor, and material, to make such an examination. If such Work is found to be defective in any respect, defray all expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the cost of examination and restoration of the Work will be considered a change in the Work to be paid for in accordance with applicable provisions of the Contract. E. Operation Responsibility: Assume full responsibility for the proper operation of equipment during tests and instruction periods. Make no claim, other than provided in the Contract Documents, for damage that may occur to equipment prior to the time when the County Manager or designee accepts the Work. F. Rejection Prior to Warranty Expiration: If at anytime prior to the expiration of any applicable warranties or guarantees, defective equipment is rejected by the County Manager or designee, repay to the COUNTY all sums of money received for the rejected equipment on progress certificates or otherwise on account of the Contract lump sum prices, and upon the receipt of the sum of money, the County Manager or designee will execute and deliver a bill of sale of all its rights, title, and interest in and to the rejected equipment. Do not remove the equipment from the premises of the COUNTY until the County Manager or designee obtains from other sources, equipment to take the place of that rejected. The COUNTY hereby agrees to obtain other equipment within a reasonable time and the CONTRACTOR agrees that the COUNTY may use the equipment furnished by the CONTRACTOR without rental or other charge until the other new equipment is obtained. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 2 of 8 16C3 . 1.4 INSPECTION OF MATERIALS A. Premanufacture Notification: Give notice in writing to the ENGINEER sufficiently in advance of the commencement of manufacture or preparation of materials especially manufactured or prepared for use in or as part of the permanent construction. When required, notice to include a request for inspection, the date of commencement, and the expected date of completion of the manufacture or preparation of materials. Upon receipt of such notice, ENGINEER will arrange to . have a representative present at such times during the manufacture or testing as may be necessary to inspect the materials, or will notify CONTRACTOR that the inspection will be made at a point other than the point of manufacture or testing, or that the inspection will be waived. Comply with these provisions before shipping any materials. Such inspection will not constitute a release from the responsibility for furnishing materials meeting the requirements of the Contract Documents. B. Testing Standards: Conduct tests of electrical and mechanical equipment and appliances in accordance with recognized, applicable test codes. 1.5 QUALITY CONTROL A. Testing 1. Field and Laboratory a. Provide personnel to assist the ENGINEER in performing the following periodic observation and associated services. (1) Soils: Observe and test excavations, placement and compaction of soils. Determine suitability of excavated material. Observe subgrade soils and foundations. (2) Concrete: Observe forms and reinforcement; observe concrete placement; witness air entrainment tests, facilitate concrete cylinder preparation and assist with other tests performed by ENGINEER. (3) Masonry: Sample and test mortar, bricks, blocks and grout; inspect brick and block samples and sample panels; inspect placement of reinforcement and grouting. (4) Structural Steel: Verify that all welders are certified; visually inspect all structural steel welds; mechanically test high-tensile bolted connections. b, When specified in Divisions 2 through 16 of the Contract Documents, provide an independent laboratory testing facility to perform required testing. Qualify the laboratory as having performed previous satisfactory work. Prior to use, submit to the ENGINEER for approval. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 3 of 8 16C3 c. Cooperate with the ENGINEER and laboratory testing representatives. Provide at least 24 hours notice prior to when specified testing is required. Provide labor and materials, and necessary facilities at the site as required by the ENGINEER and the testing laboratory. d. When an independent electrical testing agency is spedfied in the Contract Documents, provide a member of the National Electrical Testing Association to perform inspections and tests. 2. Equipment: Coordinate and demonstrate test procedures as specified in the Contract Documents and as required during the formal tests. B. Reports 1. Certified Test Reports: Where transcripts or certified test reports are required by the Contract Documents, meet the following requirements: a. Before delivery of materials or equipment submit and obtain approval of the ENGINEER for all required transcripts, certified test reports, certified copies of the reports of all tests required in referenced specifications or specified in the Contract Documents. Perform all testing in an approved independent laboratory or the manufacturer's laboratory. Submit for approval reports of shop equipment tests within thirty days of testing. Transcripts or test reports are to be accompanied by a notarized certificate in the form of a letter from the manufacturer or supplier certifying that tested material or equipment meets the specified requirements and the same type, quality, manufacture and make as specified. The certificate shall be signed by an officer of the manufacturer or the manufacturer's plant manager. 2. Certificate of Compliance: At the option of the ENGINEER, submit for approval a notarized Certificate of Compliance. The Certificates may be in the form of a letter stating the following: a. Manufacturer has performed all required tests b. Materials to be supplied meet all test requirements c. Tests were performed not more than one year prior to submittal of the certificate d, Materials and equipment subjected to the tests are of the same quality, manufacture and make as those specified e. Identification of the materials COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 4 of 8 16C3 1] ..., 1.6 COSTS OF INSPECTION A. COUNTY's Obligation: Initial inspection and testing of materials furnished under this Contract will be performed by the County Manager or designee or inspection bureaus without cost to the CONTRACTOR, unless otherwise expressly specified. If subsequent testing is necessary due to failure of the initial tests or because of rejection for noncompliance, reimburse the COUNTY for expenditures incurred in making such tests. B. CONTRACTOR's Obligation: Include in the Contract Price, the cost of all shop and field tests of equipment and other tests specifically called for in the Contract Documents, except those tests described above under "COUNTY's Obligation". The County Manager or designee may perform tests on any material or equipment furnished under this Contract at any time during the Contract. If tests perfonned by the County Manager or designee result in failure or rejection for noncompliance, reimburse the COUNTY for expenditures incurred in making such tests. Tests perfonned by the County Manager or designee shall prevail in determining compliance with Contract requirements. C. Reimbursements to the COUNTY: 1. Materials and equipment submitted by the CONTRACTOR as the equivalent to those specifically named in the Contract may be tested by the COUNTY for compliance. Reimburse the COUNTY for expenditures incurred in making such tests on materials and equipment that are rejected for noncompliance. 2. Reimburse the COUNTY for all costs associated with Witness Tests that exceed 5 Calendar Days per kind of equipment. 1. 7 ACCEPTANCE TESTS A. Preliminary Field Tests: As soon as conditions permit, furnish all labor and materials and services to perform preliminary field tests of all equipment provided under this Contract. If the preliminary field tests disclose that any equipment furnished and installed under this Contract does not meet the requirements of the Contract Documents, make all changes, adjustments and replacements required prior to the acceptance tests. B. Final Field Tests: Upon completion of the Work and prior to final payment, subject all equipment, piping and appliances installed under this Contract to specified acceptance tests to demonstrate compliance with the Contract Documents. 1. Furnish all labor, fuel, energy, water and other materials, equipment, instruments and services necessary for all acceptance tests. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 5 of 8 16C3 oj 2. Conduct field tests in the presence of the ENGINEER. Perform the field tests to demonstrate that under all conditions of operation each equipment item: a. Has not been damaged by transportation or installation b. Has been properly installed c. Has been properly lubricated d. Has no electrical or mechanical defects e. Is in proper alignment f. Has been properly connected g. Is free of overheating of any parts h. Is free of all objectionable vibration i. Is free of overloading of any parts J. Operates as intended 3. Operate work or portions of work for a minimum of 100 hours or 14 days continuous service, whichever comes first. For those items of equipment that would normally operate on wastewater or sludge, plant effluent may be used if available when authorized by ENGINEER. If water cannot properly exercise equipment, conduct 1 OO-hour test after plant startup. Conduct test on those systems that require load produced by weather (heating or cooling) exercise only when weather will produce proper load. C. Failure of Tests: If the acceptance tests reveal defects in material or equipment, or if the material or equipment in any way fails to comply with the requirements of the Contract Documents, then promptly correct such deficiencies. Failure or refusal to correct the deficiencies, or if the improved materials or equipment, when tested again, fail to meet the guarantees or specified requirements, the County Manager or designee, notwithstanding its partial payment for work and materials or equipment, may reject said materials or equipment and may order the CONTRACTOR to remove the defective work from the site at no addition to the Contract Price, and replace it with material or equipment which meets the Contract Documents. 1.8 FAILURE TO COMPLY WITH CONTRACT A. Unacceptable Materials: If it is ascertained by testing or inspection that the material or equipment does not comply with the Contract, do not deliver said material or equipment, or if delivered remove it promptly from the site or from the Work and replace it with acceptable material Without additional cost to the COUNTY. Fulfill all obligations under the terms and conditions of the Contract even though the COUNTY or the County's Manager or designee fail to ascertain noncompliance or notify the CONTRACTOR of noncompliance. PART 2 PRODUCTS Not Used COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 6 of 8 PART 3 EXECUTION Not Used COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 END OF SECTION Section 01400 QUALITY CONTROL Page 7 of 8 - COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3· .. ~ NO TEXT FOR THIS PAGE Section 01400 QUALITY CONTROL Page 8 of 8 16C3 ~ SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 A. B. c. D. E. F. G. H. I. 1.2 A. B. c. 1.3 A. SECTION INCLUDES General Requirements Related Sections Temporary Utilities Temporary Construction Barricades and Enclosures Fences Security Temporary Controls Traffic Regulation RELATED SECTIONS Section 01010 - Summary of Work Section 01570 - Traffic Regulations and Public Safety Section 02575 - Pavement Repair and Restoration GENERAL REQUIREMENTS Plant and Facilities: Furnish, install, maintain and remove all false work, scaffolding, ladders, hoistways, braces, pumping plants, shields, trestles, roadways, sheeting, centering forms, barricades, drains, flumes, and the like, any of which may be needed in the construction of any part of the Work and which are not herein described or specified in detail. Accept responsibility for the safety and efficiency of such works and for any damage that may result from their failure or from their improper construction, maintenance or operation. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 1 of 8 ---" .....,~ 16C3 4 B. First Aid: Maintain a readily accessible, completely equipped first aid kitat each location where work is in progress. C. Safety Responsibility: Accept sole responsibility for safety and security at the site. Indemnify and hold harmless the COUNTY and the County's Manager or designee, including the ENGINEER, for any safety violation, or noncompliance with governing bodies and their regulations, and for accidents, deaths, injuries, or damage at the site during occupancy or partial occupancy of the site by CONTRACTOR's forces while performing any part of the Work. D. Hazard Communication: Furnish two copies of the CONTRACTOR's Hazard Communication Program required under OSHA regulations before beginning on site activities. Furnish two copies of amendments to Hazard Communications Program as they are prepared. 1.4 TEMPORARY UTILITIES A. Water: Provide all necessary and required water without additional cost, unless otherwise specified. If necessary, provide and lay water lines to the place of use; secure all necessary permits; pay for all taps to water mains and hydrants and for all water used at the established rates. B. Light and Power: Provide without additional cost to the COUNTY temporary lighting and power facilities required for the proper construction and inspection of the Work. If, in the ENGINEER's opinion, these facilities are inadequate, do NOT proceed with any portion of the Work affected thereby. Maintain temporary lighting and power until the Work is accepted. C. Heat: Provide temporary heat, whenever required, for work being performed during cold weather to prevent freezing of concrete, water pipes, and other damage to the Work or existing facilities. D. Sanitary Facilities: Provide sufficient sanitary facilities for construction personnel. Prohibit and prevent nuisances on the site of the Work or on adjoining property. Discharge any employee who violates this rule, Abide by all environmental regulations or laws applicable to the Work. 1.5 TEMPORARY CONSTRUCTION A. Bridges: Design and place suitable temporary bridges where necessary for the maintenance of vehicular and pedestrian traffic. Assume responsibility for the sufficiency and safety of all such temporary work or bridges and for any damage that may result from their failure or their improper construction, maintenance, or operation. Indemnify and save harmless the COUNTY and the COUNTY's representatives from all claims, suits or actions, and damages or costs of every description arising by reason of failure to comply with the above provisions. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 2 of 8 16C3 :tI.' ',41 1.6 BARRICADES, LIGHTS AND ENCLOSURES A. Protection of Workmen and Public: Effect and maintain at all times during the prosecution of the Work. barriers. lights and enclosures necessary for the protection of workmen and the public. Perform all work within the County right- of-way in strict accordance with the COUNTY Maintenance of Traffic Policy and other applicable statutory requirements. B. Provide suitable barricades. lights, signs and watchmen at excavation sites and all other places where the Work causes obstructions to normal traffic or constitutes in any way a hazard to the public. 1.7 FENCES A. Existing Fences: Obtain written permissIon from property owner(s) prior to relocating or dismantling fences that interfere with construction operations. Reach agreements with the fence owner as to the period the fence may be left relocated or dismantled. Install adequate gates where fencing must be maintained. Keep gates closed and locked at all times when not in use. B. Restoration: Restore all fences to their original or better condition and to their original location on completion of the Work. 1.8 SECURITY A. Preservation of Property: 1. Preserve from damage, all property along the line of the Work. in the vicinity of or in any way affected by the Work, the removal or destruction of which is not called for by the Drawings. Preserve from damage, public utilities, trees, lawn areas, building monuments. fences, pipe and underground structures, and public streets. Note: Normal wear and tear of streets resulting from legitimate use by the CONTRACTOR are not considered as damage. Whenever damages occur to such property, immediately restore to its original condition, Costs for such repairs are incidental to the Contract. 2. In case of failure on the part of the CONTRACTOR to restore property or make good on damage or injury, the County Manager or designee may, upon 24 hours written notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any moneys due or which may become due the CONTRACTOR under this Contract. If removal, repair or replacement of public or private property is made necessary by alteration of grade or alignment authorized by the County Manager or designee and not contemplated by the Contract Documents, the CONTRACTOR will be compensated, in accordance with the General Conditions, provided that COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 3 of8 .,--- 16C3 4 such property has not been damaged through fault of the CONTRACTOR or the CONTRACTOR's employees. 8. Public Utility Installations and Structures: 1. Field locate all affected public utilities within the construction area. 2. Public utility installations and structures include all poles, tracks, pipes, wires, conduits, vaults, valves, hydrants, manholes, and other appurtenances and facilities, whether owned or controlled by public bodies or privately owned individuals, firms or corporations, used to serve the public with transportation, gas, electricity, telephone, storm and sanitary sewers, water, or other public or private utility services. Facilities appurtenant to public or private property that may be affected by the Work are deemed included hereunder. 3. The Contract Documents contain data relative to existing public utility installations and structures above and below the ground surface. Existing public utility installations and structures are indicated on the Drawings only to the extent such information was made available to, or found by, the ENGINEER in preparing the Drawings. These data are not guaranteed for completeness or accuracy, and the CONTRACTOR is responsible for making necessary investigations to become fully informed as to the character, condition, and extent of all public utility installations and structures that may be encountered and that may affect the construction operations. 4. Contact utility locating service sufficiently in advance of the start of construction to avoid damage to the utilities and delays to the completion date. 5. If existing utilities are damaged during the Work, immediately notify the owner of the affected utility. In coordination with or as directed by the owner, remove, replace, relocate, repair, rebuild, and secure any public utility installations and structures damaged as a direct or indirect result of the Work under this Contract. Costs for such work are incidental to the Contract. Be responsible and liable for any consequential damages done to or suffered by any public utility installations or structures. Assume and accept responsibility for any injury, damage, or loss that may result from or be consequent to interference with, or interruption or discontinuance of, any public utility service. 6. At all times in the performance of Work, employ proven methods and exercise reasonable care and skill to avoid unnecessary delay, injury, damage, or destruction to public utility installations and structures. Avoid unnecessary interference with, or interruption of, public utility services. Cooperate fully with the owners thereof to that end. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 4 of 8 16G3 1 7. Provide notice to the County Manager or designee of any proposed connections to existing utilities, interruptions of service or shutdowns. Give written notice to the owners of all public utility installations and structures affected by proposed construction operations sufficiently in advance of breaking ground in any area or on any unit of the Work, to obtain their permission before disrupting the lines and to allow them to take measures necessary to protect their interests. Advise the Transportation Operations Department, Fire and Rescue Services of any excavation in public streets or the temporary shut-off of any water main. Provide at least 48 hours notice to all affected property owners whenever service connections are taken out of service. C. Work on Private Property: Work on this project will require operations on private property, rights of way or easements. The County Manager or designee has secured the appropriate easements or rights of entry from the affected property owners. Comply with all easement or rights of entry provisions. Conduct operations along rights-of-way and easements through private property to avoid damage to the property and to minimize interference with its ordinary use. Upon completion of the Work through such property. restore the surface and all fences or other structures disturbed by the construction as nearly as possible to the preconstruction conditions. Do not remove any material from private property without the consent of the property owner or responsible party in charge of such property. Hold the COUNTY harmless from any claim or damage arising out of or in connection with the performance of work across and through private property. D. Miscellaneous Structures: Assume and accept responsibility for all injuries or damage to culverts. building foundations and walls, retaining walls, or other structures of any kind met with during the prosecution of the Work. Assume and accept liability for damages to public or private property resulting therefrom. Adequately protect against freezing all pipes carrying liquid. E. Protection of Trees and Lawn Areas: 1. Protect with boxes, trees and shrubs, except those ordered to be removed. Do not place excavated material so as to cause injury to such trees or shrubs. Replace trees or shrubs destroyed by accident or negligence of the CONTRACTOR or CONTRACTOR's employees with new stock of similar size and age, at the proper season, at no additional cost to the COUNTY. If required by Contract Documents. provide preconstruction audio-video recording of project in accordance with the Technical Specifications. 2. Leave lawn areas in as good condition as before the start of the Work. Restore areas where sod has been removed by seeding or sodding. 1.9 TEMPORARY CONTROLS A. During Construction: COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 5 of 8 _."""""_~.;_."_""""~'".n__' 16C3"~ 1. Keep the site of the Work and adjacent premises free from construction materials, debris, and rubbish. Remove this material from any portion of the site if such material, debris, or rubbish constitutes a nuisance or is objectionable. 2. Remove from the site all surplus materials and temporary structures when they are no longer needed. 3. Neatly stack construction materials such as concrete forms and scaffolding when not in use. Store pipe to be incorporated into the Work in accordance with AWW A standards. Promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids, and cleaning solutions from surfaces to prevent marring or other damage. 4. Properly store volatile wastes in covered metal containers and remove from the site daily. 5. Do not bury or burn on the site or dispose of into storm drains, sanitary sewers, streams, or waterways, any waste material. Remove all wastes from the site and dispose of in a manner complying with applicable ordinances and laws. B; Smoke Prevention: ·1. Strictly observe all air pollution control regu lations. 2. Open fires will be allowed only if permitted under current ordinances. C. Noises: 1. In accordance with the COUNTY's Noise Ordinance, maintain acceptable noise levels in the vicinity of the Work. Limit noise production to acceptable levels by using special mufflers, barriers, enclosures, equipment positioning, and other approved methods. 2. Supply written notification to the County Manager or designee sufficiently in advance of the start of any work that violates this provision. Proceed only when all applicable authorizations and variances have been obtained in writing. D. Hours of Operation: 1, Operation of construction equipment is only permitted Monday through Saturday, 7:00 AM to 7:00 PM, Obtain written consent from the County COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 6 of 8 16C3 Manager or designee for operation of construction equipment during any other period. 2. Do not carry out non-emergency work, including equipment moves, on Sundays without prior written authorization by the County Manager or designee. E. Dust Control: 1. Take measures to prevent unnecessary dust. Keep earth surfaces exposed to dusting moist with water or a chemical dust suppressant. Cover materials in piles or while in transit to prevent blowing or spreading dust. 2. Adequately protect buildings or operating facilities that may be affected adversely by dust. Protect machinery, motors, instrument panels, or similar equipment by suitable dust screens. Include proper ventilation with dust screens. F. Temporary Drainage Provisions: 1. Provide for the drainage of stormwater and any water applied or discharged on the site in performance of the Work. Provide adequate drainage facilities to prevent damage to the Work, the site, and adjacent property. 2. Supplement existing drainage channels and conduits as necessary to carry all increased runoff from construction operations. Construct dikes as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect the COUNTY's facilities and the Work, and to direct water to drainage channels or conduits. Provide ponding as necessary to prevent downstream flooding. 3. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. G. Pollution: Prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. Do not permit sanitary wastes to enter any drain or watercourse other than sanitary sewers. Do not permit sediment, debris, or other substances to enter sanitary sewers, Take reasonable measures to prevent such materials from entering any drain or watercourse. 1.10 TRAFFIC REGULATION A. Parking: Provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Contract, to avoid any need for parking personal vehicles where they may interfere with public traffic or construction activities, COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 7 of 8 "II R"W r ----~~,."',.,~.;.~_. 16C3 :~.", ,.~ B. Access: Conduct Work to interfere as little as possible with public travel, whether vehicular or pedestrian. Provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required whÉm the CONTRACTOR has obtained permission from the owner or tenant of private property, or from the authority having jurisdiction over the public property involved, to obstruct traffic at the designated point. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 8 of 8 16C3 ... SECTION 01570 TRAFFIC REGULATION AND PUBLIC SAFETY PART1 GENERAL SECTION INCLUDES: 1.1 Ä. B. c. 1.2 Ä. 1.3 Ä. B. General Requirements Traffic Control Public Safety RELATED SECTIONS Section 02575 - Pavement Repair and Restoration GENERAL REQUIREMENTS Obtain Right-of-Way Permit and approved Maintenance of Traffic Plan. Perform all work within COUNTY rights-of-way in strict accordance with the County's Maintenance of Traffic Policy and other applicable statutory requirements to protect the public safety. c. Be responsible for providing safe and expeditious movement of traffic through construction zones. A construction zone is defined as the immediate areas of actual construction and all abutting areas which are used by the CONTRACTOR and which interfere with the driving or walking public. D. Remove temporary equipment and facilities when no longer required. Restore grounds to original or specified conditions. 1.4 TRAFFIC CONTROL A. Include as necessary precautions, not to be limited to, such items as proper construction warning signs, signals, lighting devices, marking, barricades, channelization, and hand signaling devices. Be responsible for installation and maintenance of all devices and requirements for the duration of the Construction period. B. Provide notice, at least five (5) working days prior to construction, to the State or County Department of Transportation of the necessity to close any portion of a roadway carrying vehicles or pedestrians so that the final approval of such closings can be obtained at least 48 hours in advance, At no time will more than COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 1 of 4 r u-:_ 16C3"~ one (1) lane of roadway be closed to vehicles and pedestrians. With any such closings make adequate provision for the safe expeditious movement of each. C. Be responsible for notifying Transportation Operations Department, Police, Fire, and other Emergency Departments whenever construction is within roadways and of the alternate routes. D. Be responsible for removal, relocation, or replacement of any traffic control device in the construction area that exists as part of the normal pre-construction traffic control scheme. E. Immediately notify the County Manager or designee of any vehicular or pedestrian safety or efficiency problems incurred as a result of the construction of the project. F. Be responsible for notifying all residents of any road construction and limited access at least 72 hours in advance. 1.5 PUBLIC SAFETY (DURING CONSTRUCTION, ALTERATION OR REPAIR) A In areas of high vehicular traffic, provide a safe walkway around the work area. B. Use barricades or other barriers to prevent any possibility of injury to the public caused by the CONTRACTOR's work. C. Keep walk areas around the work areas clean of sand, stones, and any other material that could cause a pedestrian accident. D. Barricade work areas left overnight. Install flashing warning lights in areas required by the COUNTY. E. Unless an approved detour is provided at any open cut crossings, a minimum of one-way traffic will be maintained during the daylight hours and two-way traffic at night. All traffic detours will be restricted to limits of the Right-of-Way with necessary flagmen and/or marking devices. These detours shall be approved by the COUNTY. Detour of traffic outside of the Right-of-Way will be considered with the approval of local governmental agencies and private concerns involved. F. Crossing and Intersections: Do not isolate residences and places of business. Provide access to all residences and places of business whenever construction interferes with existing means of access. Maintain access at all times. If pavement is disturbed, a cold mix must be applied at the end of the day. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 2 of 4 16C3 G. Detours 1. Construct and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. The location of all detours . will require prior approval of the COUNTY. 2. Furnishing of Devices and Barriers: Furnish all traffic control devices (including signs), warning devices and barriers. Costs of such devices shall be incidental to construction and included in unit prices bid. 3. Maintenance of Devices and Barriers: Keep traffic control devices, warning devices and barriers in the correct position, properly directed, clearly visible and clean, at all times. Immediately repair replace or clean damaged, defaced or dirty devices or barriers as necessary. H. Flagmen: Provide certified flagmen (flaggers) to direct traffic where one-way operation in a single lane is in effect, and in other situations as may be required. Radios may be required if flagmen cannot maintain contact with each other. I. Utilize all necessary signs, flagmen, and other safety devices during construction. J. Perform all work with the requirements set forth by the Occupational Safety . Health Administration. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION NOT USED. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 3 of 4 'r..____~·_~",,,.____ ..- --.<-'-.---- 16C31. NO TEXT FOR THIS PAGE COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 4 of4 16C3 ,;:J.' ~~ SECTION 01600 MATERIAL AND EQUIPMENT PART 1 GENERAL SECTION INCLUDES 1,1 A. B. C. D. E. F. G. H. I. 1.2 A. Description Substitutions Manufacturer's Written Instructions Transportation and Handling Storage, Protection and Maintenance Manufacturer's Field Quality Control Services Post Startup Services Special Tools and Lubricating Equipment Lubrication DESCRIPTION Proposed Manufacturers List: Within 15 calendar days of the date of the Notice to Proceed, submit to the ENGINEER a list of the names of proposed manufacturers, material men, suppliers and subcontractors, obtain approval of this list by the County Manager or designee prior to ,submission of any working drawings. Upon request submit evidence to ENGINEER that each proposed manufacturer has manufactured a similar product to the one specified and that it has previously been used for a like purpose for a sufficient length of time to demonstrate its satisfactory performance. B, All material and equipment designed or used in connection with a potable (drinking) water system shall conform to the requirements of the National Sanitation Foundation (NSF) Standard 61, "Drinking Water System Components - Health Effects." C. Furnish and install Material and Equipment which meets the following: 1. Conforms to applicable specifications and standards. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 1 of 8 16C3 J 2. Complies with size, make, type, and quality specified or as specifically approved, in writing, by ENGINEER. 3. Will fit into the space provided with sufficient room for operation and maintenance access and for properly connecting piping, ducts and services, as applicable. Make the clear spaces that will be available for operation and maintenance access and connections equal to or greater than those shown and meeting all the manufacturers' requirements. If adequate space is not available, the CONTRACTOR shall advise the ENGINEER for resolution. 4. Manufactured and fabricated in accordance with the following: a. Design, fabricate, and assemble in accordance with best engineering and shop practices. b. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable. c. Provide two or more items of same kind identical, by same manufacturer. d. Provide materials and equipment suitable for service conditions. e. Adhere to equipment capabilities, sizes, and dimensions shown or specified unless variations are specifically approved, in writing, in accordance with the Contract Documents. f. Adapt equipment to best economy in power consumption and maintenance. Proportion parts and components for stresses that may occur during continuous or intermittent operation, and for any additional stresses that may occur during fabrication or installation. . g. Working parts are readily accessible for inspection and repair, easily duplicated and replaced. 5. Use material or equipment only for the purpose for which it is designed or specified. 1.3 SUBSTITUTIONS A. Substitutions: 1 , Make any CONTRACTOR's requests for changes in equipment and materials from those required by the Contract Documents in writing, for approval by the COUNTY. Such requests are considered requests for substitutions and are subject to CONTRACTOR's representations and COLLIER COUNTY TECHNICAL SPECIFICA TJONS Section 01600 MATERIAL AND EQUIPMENT Page 2 of 8 16C3 review provIsions of the Contract Documents when one of following conditions are satisfied: a. Where request is directly related to an "or equal" clause or other language of same effect in Specifications. b. Where required equipment or material cannot be provided within Contract Time, but not as result of CONTRACTOR's failure to pursue Work promptly or to coordinate various activities properly. c. Where required equipment or. material cannot be provided in manner compatible with other materials of Work, or cannot be properly coordinated therewith. 2. CONTRACTOR'S Options: a. Where more than one choice is available as options for CONTRACTOR's selection of equipment or material, select option compatible with other equipment and materials already selected (which may have been from among options for other equipment and materials ). b. Where compliance with specified standard, code or regulation is required, select from among products that comply with requirements of those standards, codes, and regulations. c. "Or Equal": For equipment or materials specified by naming one or more equipment manufacturer and "or equal", submit request for substitution for any equipment or manufacturer not specifically named. B. Conditions Which are Not Substitution: 1 . Requirements for substitutions do not apply to CONTRACTOR options on materials and equipment provided for in the Specifications. 2. Revisions to Contract Documents, where requested by the County Manager or designee or ENGINEER, are "changes" not "substitutions". 3. CONTRACTOR's determination of and compliance with governing regulations and orders issued by governing authorities do not constitute substitutions and do not constitute basis for a Change Order, except as provided for in Contract Documents. 1.4 MANUFACTURER'S WRITTEN INSTRUCTIONS A. Instruction Distribution: When the Contract Documents require that installation, storage, maintenance and handling of equipment and materials comply with COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 3 of 8 16 C 3 ~' manufacturer's written instruction's, obtain and distribute printed copies of such instructions to parties involved in installation, including six copies to ENGINEER. 1. Maintain one set of complete instructions at jobsite during storage and installation, and until completion of work. B. Manufacturer's Requirements: Store, maintain, handle, install, connect, clean, condition, and adjust products in accordance with manufacturer's written instructions and in conformity with Spedfications. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult ENGINEER for further instructions. 2. Do not proceed with work without written instructions. c. Performance Procedures: Perform work in accordance with manufacturer's written instructions. Do not omit preparatory steps or installation procedures, unless specifically modified or exempted by Contract Documents. 1.5 TRANSPORTATION AND HANDLING A. Coordination with Schedule: Arrange deliveries of materials and equipment in accordance with Construction Progress Schedules. Coordinate to avoid conflict with work and conditions at site. 1. Deliver materials and equipment in undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible. 2. Protect bright machined surfaces, such as shafts and valve faces, with a heavy coat of grease prior to shipment. 3. Immediately upon delivery, inspect shipments to determine compliance with requirements of Contract Documents and approved submittals and that material and equipment are protected and undamaged. B. Handling: Provide equipment and personnel to handle material and equipment by methods recommended by manufacturer to prevent soiling or damage to materials and equipment or packaging. 1.6 STORAGE, PROTECTION, AND MAINTENANCE A, On-site storage areas and buildings: 1. Conform storage buildings to requirements of Section 01500, 2. Coordinate location of storage areas with ENGINEER and the COUNTY. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 4 of 8 16C3 ï 3. Arrange on site storage areas for proper protection and segregation of stored materials and equipment with proper drainage. Provide for safe travel around storage areas and safe access to stored materials and equipment. 4. Store loose granular materials in a well-drained area on solid surfaces to prevent mixing with foreign matter. 5. Store materials such as pipe, reinforcing and structural steel, and equipment on pallets, blocks or racks, off ground. 6. PVC Pipe may be damaged by prolonged exposure to direct sunlight, take necessary precautions during storage and installation to avoid this damage. Store pipe under cover, and install with sufficient backfill to shield it from the sun. 7. Store fabricated materials and equipment above ground, on blocking or skids, to prevent soiling or staining. Cover materials and equipment that are subject to deterioration with impervious sheet coverings; provide adequate ventilation to avoid condensation. B. Interior Storage: 1. Store materials and equipment in accordance with manufacturer's instructions, with seals and labels intact and legible. 2. Store materials and equipment, subject to damage by elements, in weathertight enclosures. 3. Maintain temperature and humidity within ranges required by manufacturer's instructions. C. Accessible Storage: Arrange storage in a manner to provide easy access for inspection and inventory. Make periodic inspections of stored materials or equipment to assure that materials or equipment are maintained under specified conditions and free from damage or deterioration. 1. Perform maintenance on stored materials of equipment in accordance with manufacturer's instructions, in presence of the County Manager or designee or ENGINEER. 2. Submit a report of completed maintenance to ENGINEER with each Application for Payment. 3. Failure to perform maintenance, to notify ENGINEER of intent to perform maintenance or to submit maintenance report may result in rejection of material or equipment. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 5 of 8 16C3 D. COUNTY's Responsibility: The COUNTY assumes no responsibility for materials or equipment stored in buildings or on-site. CONTRACTOR assumes full responsibility for damage due to storage of materials or equipment. E. CONTRACTOR's Responsibility: For COUNTY Capital Improvement Projects, the CONTRACTOR assumes full responsibility for protection of completed construction until facilities (or portions of facilities) are accepted for operation and placed in service. Repair and restore damage to completed Work equal to its original condition. F. Special Equipment: Use only rubber tired wheelbarrows, buggies, ·trucks, or dollies to wheel loads over· finished floors, regardless if the floor has been protected or not. This applies to finished floors and to exposed concrete floors as well as those covered with composition tile or other applied surfacing. G. Surface Damage: Where structural concrete is also the finished surface, take care to avoid marking or damaging surface. 1.7 MANUFACTURER'S FIELD QUALITY CONTROL SERVICES A. Field Test Participation: Provide competent and experienced technical representatives of equipment manufacturers and system suppliers as necessary to participate in field testing of the equipment as specified in Section 01400, B. Verify that seals are installed in accordance with the manufacturer's recommendations, approved shop drawings and the Contract Documents. c. Verify that nothing in the installation voids any warranty. 1.8 SPECIAL TOOLS AND LUBRICATING EQUIPMENT A. General: Furnish, per manufacturer's recommendations, special tools required for checking, testing, parts replacement, and maintenance. (Special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics.) B. Time of Delivery: Deliver special tools and lubricating equipment to the COUNTY when unit is placed into operation and after operating personnel have been properly instructed in operation, repair, and maintenance of equipment. C. Quality: Provide tools and lubricating equipment of a quality meeting equipment manufacturer's requirements. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 6 of 8 16C3 .~,. 1.9 LUBRICATION A. General: Where lubrication is required for proper operation of equipment, incorporate in the equipment the necessary and proper provisions in accordance with manufacturer's requirements~ Where possible, make lubrication automated and positive. B. Oil Reservoirs: ' Where oil is used, supply reservoir of sufficient capacity to lubricate unit for a 24-hour period. 1.10 WARRANTY A. Provide copies of any warranties of materials or equipment to the County Manager or designee with documentation showing compliance with warranty requirements. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 7 of 8 COLLIER COUNTY TECHNICAL SPECIFICATIONS NO TEXT FOR THIS PAGE 16 C 3 .; , Section 01600 MATERIAL AND EQUIPMENT Page 8 of 8 16C3 SECTION 01710 CLEANING PART 1 GENERAL 1.1 SECTION INCLUDES: A. General Requirements B. Disposal Requirements 1.2 GENERAL REQUIREMENTS A. Execute cleaning during progress of the work and at completion of the work. 1.3 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 DURING CONSTRUCTION A. Execute daily cleaning to keep the work, the site, and adjacent properties free from accumulations of waste materials, rubbish, ànd windblown debris, resulting from construction operations. ß, Remove waste materials, debris and rubbish from the site periodically and dispose of at legal disposal areas away from the site. 3.2 FINAL CLEANING A. Requirements: At the completion of work and immediately prior to final inspection, clean the entire project as follows: 1. Thoroughly clean, sweep, wash, and polish all work and equipment provided under the Contract, including finishes. Leave the structures and site in a complete and finished condition to the satisfaction of the ENGINEER. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01710 CLEANING Page 1 of 2 16C3" 2. Direct all subcontractors to similarly perform, at the same time, an equivalent . thorough cleaning of all work and equipment provided under their contracts. 3. Remove all temporary structures and all debris, including dirt, sand, gravel, rubbish and waste material. 4. Should the CONTRACTOR not remove rubbish or debris or not clean the buildings and site as specified above, the OWNER reserves the right to have the cleaning done at the expense of the CONTRACTOR. B. Employ experienced workers, or professional cleaners, for final cleaning. c. Use only cleaning materials recommended by manufacturer of surface to be cleaned. D. In preparation for substantial completion or occupancy, conduct final inspection of sight-exposed interior and exterior surfaces, and of concealed spaces. E. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight-exposed interior and exterior finished surfaces. Polish surfaces so designated to shine finish. F. Repair, patch, and touch up marred surfaces to specified finish, to match adjacent surfaces. G. Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw materials from heights. H. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. I. Remove erection plant, tools, temporary structures and other materials. J. Remove and dispose of all water, dirt, rubbish or any other foreign substances. 3.3 FINAL INSPECTION A. After cleaning is complete the final inspection may be scheduled. The inspection will be done with the OWNER and ENGINEER. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01710 CLEANING Page 2 of 2 SECTION 01730 OPERATION AND MAINTENANCE MANUALS 16C3 ';'>-) , PART 1 GENERAL 1.1 A. B. C. 1.2 A. SECTION INCLUDES Description Quality Assurance Format and Contents DESCRIPTION Scope: Furnish to the ENGINEER four (4) printed copies and one (1) electronic copy of an Operation and Maintenance Manual for all equipment furnished and installed. 1.3 QUALITY ASSURANCE A. Reference Codes and Specifications: No current government or commercial specifications or documents apply. 1.4 FORMAT AND CONTENTS A. Prepare and arrange each copy of the manual as follows: 1. One copy of an equipment data summary (see sample form) for each item of equipment. 2. One copy of an equipment preventive maintenance data summary (see sample form) for each item of equipment. 3. One copy of the manufacturer's maintenance instructions. Maintenance instructions include equipment installation, calibration and adjustment, preventive and repair maintenance, lubrication, troubleshooting, parts list and recommended spare parts. Include Manufacturer's telephone numbers for Technical Support. 4. Furnish all O&M Manual material on 8-1/2 by 11 commercially printed or typed forms or an acceptable alternative format. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 1 of 4 1603'. 8. Organize each manual into sections paralleling the equipment specifications. Identify each section uSing heavy section dividers with reinforced holes and numbered plastic index tabs. Use 3:"ring, hard-back binders. Punch all loose data for binding. Arrange composition and printing so that punching does not obliterate any data. Print on the cover and binding edge of each manual the project title, and manual title, as furnished and approved by the ENGINEER. C. Leave all operating and maintenance material that comes bound by the equipment manufacturer in its original bound state. Cross-reference the appropriate sections of the CONTRACTOR's O&M manual to the manufacturers' bound manuals. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 2 of 4 16C3 Collier County Utilities Equipment Data Summary Equipment Name: Specification Reference: Manufacturer: I . Name: Address: Telephone: Number Supplied: Location/Service: I Model No: Serial No: Type: Size/Speed/Capacity/Range (as applicable): Power Reauirement (PhaseNolts/Herti): Local Representative: Name: Address: Telephone: NOTES: COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 3 of 4 16C3 .~ Collier County Utilities Preventive Maintenance Summary Equipment Name: Location: . Man ufacturer: I T Name: Address: T eleDhone: Model No: I Serial No: Maintenance O&M Manual Task Lubricant/Part DWMQSAA Reference NOTES: *D-Daily W-Weekly M-Monthly Q-Quarterly SA-Semi-Annual A-Annual COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 4 of 4 16C3 .~ SECTION 02400 RESTORATION BY SODDING OR SEEDING PART1 GENERAL 1.1 DESCRIPTION OF REQUIREMENTS A. The work in this section consists of furnishing alllabor,-material and equipment to restore all areas disturbed during construction to match preconstruction conditions. Establish a strand of grass within the areas disturbed by furnishing and placing grass sod where required, or by seeding and mulching areas not requiring sod. 1.2 REFERENCE DOCUMENTS A. Use materials conforming to the requirements of Florida Department of Transportation Standard Specifications for Road and Bridge Construction as follows: 1. Section 570 - Grassing (by Seeding) 2. Section 575 - Sodding 3. Section 981 - Grassing and Sodding Materials 4. Section 982 - Commercial Fertilizer 5. Section 983 - Water for Grassing 1.3 SUBMITTALS A. Submit certifications and identification labels for all sodding supplied in accordance with General Conditions. PART 2 PRODUCTS 2.1 SODDING A. Types: Sod may be of either St. Augustine or Argentine Bahia grass or as that disturbed, as established prior to construction. Use well matted sod with roots. When replacing sod in areas that are already sodded, use sod of the same type as the existing sod. B. Provide sod as required in accordance with Florida Department of Transportation Specifications 575 and 981. Furnish sod equal to and similar in type as that disturbed. Place and water in accordance with FDOT Specifications Section 575. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 1 of 6 16C3 C. Use sod in commercial-size rectangles, preferably 12-inch by 24-inch or larger, except where 6-inch strip sodding is called for. D. Use sod that is sufficiently thick to secure a dense stand of live grass. Use sod that is live, fresh and uninjured at the time of planting, having a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses. Plant sod as soon as possible after being dug, and shade and keep moist from the time it is dug until it is planted. E. Handle sod in a manner to prevent breaking or other damage. Do not handle by dumping from trucks or other vehicles. Use care at all times to retain the native soil on the roots of each sod roll during stripping and handling. Sod that has been damaged by handling during delivery, storage or installation will be rejeèted. F. Swales: Place sod to the proper grade and cross section in all flow areas to ensure the design flow of water in the ditch. In excavating for the placement of sod, provide a minimum of 3 inches of undercut. 2.2 FERTILIZER A. Supply chemical fertilizer in suitable bags with the net weight certification of the shipment. Fertilizer shall be 12-8-8 and comply with Section 982 of the FOOT Standard Specification for Road and Bridge Construction. B. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water soluble potash, contained in the fertilizer. C. The chemical designation of the fertilizer shall be 12-8-8, with at least 50 percent of the nitrogen from a nonwater-soluble organic source. The nitrogen source may be a unreaformaldehyde source provided it is not derived from a waste product of the plastic industry. 2.3 A. 2.4 A. EQUIPMENT Spread fertilizer uniformly at the specified rate. NETTING Netting is fabricated of material similar to Geoscope Landscape Fabric or approved equal. 2.5 SEEDING A. Seed all unpaved areas disturbed during construction that do not require sod. Complete all seeding in conformance with FOOT Specifications Sections 570 and COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 2' of 6 16C3 981. Mulch and fertilize the grassed areas shall be mulched and fertilized 'in accordance with FOOT Specifications. B. Provide mulch materiai free of weeds. Mulch shall be oat straw or rye, Pangola, peanut, Coastal Bermuda, or Bahia grass hay. C. All seeds must have been tested within 6 months of planting. Submit a seed bag tag with final payment requests from each type or mixture of seed used. 2.6 TOPSOIL A. Topsoil stockpiled during excavation may be used. If additional topsoil is required to replace topsoil removed during construction, it shall be obtained off site at no additional cost to the COUNTY. Topsoil shall be fertile, natural surface soil, capable of producing all trees, plants, and grassing specified herein. 2.7 MULCH A. Furnish small grain straw mulch. Apply mulch at a rate of 1.5 tons per acre, corresponding to a depth not less than 1-inch or more than 3-inches according to texture and moisture content of mulch material. Apply asphalt emulsion at a rate of 150 gallons per ton of straw to anchor the straw applied. 2.8 WATER A. It is the CONTRACTOR'S responsibility to supply all water to the site, as required during seeding and sodding operations and through the maintenance period and until the work is accepted. Make whatever arrangements may be necessary to ensure an adequate supply of water to meet the needs for the work. Furnish all necessary hose, equipment, attachments, and accessories for the adequate irrigation of lawns and planted areas as may be required. Water shall be suitable for irrigation and free from ingredients harmful to plant life. 2.9 SOIL IMPROVEMENTS A. Apply lime at the rate of 1 to 1.5 tons per acre. Apply 10-10-10 commercial fertilizer at the rate of 800 pounds per acre and work well into the top inch of topsoil. PART 3 EXECUTION 3.1 SOD BED PREPARATION A. Clear areas to be sodded and/or seeded of all rough grass, weeds, and debris, and bring soil to an even grade. B, Thoroughly till soil to a minimum 4-inch depth. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 3 of 6 3.2 A. B. 3.3 A. 16C3 c. Bring area to proper grade, free of sticks, stones, or other foreign matter over 1- inch in diameter or dimension. The surface shall conform to finish grade, less the thickness of sod, free of water-retaining depressions, the soil friable and of uniformly firm texture. INSPECTION Verify that soil preparation and related preceding work has been completed. Do not start work until conditions are satisfactory. SOD HANDLING AND INSTALLATION During delivery, prior to planting, and during the planting of sod areas, protect the sod panels at all times from excessive drying and unnecessary exposure of the roots to the sun. Stack sod during construction and planting so as not to be damaged by sweating or excessive heat and moisture. B. After completion of soil conditioning as specified above, lay sod panels tightly together so as to make a solid sodded lawn area. On mounds and other slopes, the long dimension of the sod shall be laid perpendicular to the slope. Immediately following sod laying, roll the lawn areas with a lawn roller customarily used for such purposes, and then thoroughly water. C. Place sod at all areas where sod existed prior to construction, on slopes of 3 horizontal to 1 vertical (3:1) or greater, in areas where erosion of soils will occur, and as directed by the ENGINEER. On areas where the sod may slide, due to height and slope, the ENGINEER may direct that the sod be pegged, with pegs driven through the sod blocks into firm earth, at suitable intervals. 3.4 USE OF SOD ON ROADWAY PROJECTS A. In accordance with the FOOT District One Standard Practice, establish permanent green grass at the completion of roadway construction and maintenance work. The following shall apply to all restoration involving State or County roadways: 1. Use sod in lieu of seed and mulch on all roadways with urban (raised curb) typical sections. 2. One inch water per week shall be required for a minimum of four (4) consecutive weeks for the purpose of establishing sod. This can be waived during construction, if and only if there is a minimum of one inch of rain per week on all sod on the project. 3. Placed sod on slopes 1:3 or greater. Stake sod on slopes 1:2 or greater. 4. On all curves with superelevation, place sod from the edge of pavement to the toe of slope on the downhill side(s) for the entire length of the superelevated roadway. On multi-lane divided rural facilities, place sod in COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 4 of 6 16C3 the median and on the inside of the curve in the superelevated areas. This does not apply to reverse crowns. 5. Use sod for all projects with less than 10,000 square yards grass area. 6. On tangent sections and on outside of curves, use sod between the edge of pavement and a point 4 feet beyond the shoulder break point. 7. The entire width of sod should not exceed 15 feet from the edge of pavement. 8. Sod is to be used to eliminate narrow seed and mulch areas. Sod areas less than 6 feet in width. 9. ,Place sod around drainage structures as per the standard . Indexes and extend to the edge of pavement. 3.5 SOD MAINTENANCE A. The sod shall produce a dense, well-established growth. Repair and re-sod all eroded or bare spots until project acceptance. Repair to sodding shall be accomplished as in the original work. B. Perform sufficient watering to maintain adequate moisture for optimum development of the seeded and sodded areas, and no less than 1.5 inches of water per week for at least 2 weeks. Thereafter, apply water for a minimum of 60 days as needed until the sod takes root and starts to grow or until final acceptance, whichever is latest. 3.6 GUARANTEE Ä. Guarantee a live and vigorous stand of permanent grass at the time of acceptance of the work consisting of 80 percent minimum coverage for seeded grass areas with no bare spots greater than 5 square feet. 3.7 CLEANING A. Remove debris and excess materials from the project site. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 5 of 6 -.""..."-..,,-,.,"~.__..._.,,--"..,--- ".. COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 NO TEXT FOR THIS PAGE Section 02400 RESTORATION BY SODDING AND SEEDING Page 6 of 6 SECTION 02575 PAVEMENT REPAIR AND RESTORATION 16C3 PART 1 GENERAL 1.1 SCOPE OF WORK A. Furnish all labor, materials, equipment, and incidentals required to restore pavement and/or grassy areas. 1.2 GENERAL A. Repair all damage, as a result of work under this project, done to existing pavement, driveways, paved areas~ curbs and gutters, sidewalks, shrubbery, grass, trees, utility poles, utility pipe lines, conduits, drains, catch basins, or stabilized areas or driveways and including all obstructions not specifically named herein, in a manner satisfactory to the ENGINEER. Include in the bid price, the furnishing of all labor, materials, equipment, and incidentals necessary for the cutting, repair, and restoration of the damaged areas unless pay items for specific types of repair are included in the Bid Form. 8, Keep the surface of the backfilled area of excavation in a safe condition and level with the remaining pavement until the pavement is restored in the manner specified herein. All surface irregularities that are dangerous or obstructive to traffic are to be removed. Conform the repair to applicable COUNTY or State requirements for pavement repair and as described herein. C. The COUNTY reserves the right to require soil bearing or loading tests or materials tests, should the adequacy of the foundation or the quality of materials used be questionable. Costs of these tests shall be the responsibility of the COUNTY, if found acceptable; the costs of all failed tests shall be the responsibility of the CONTRACTOR. D. Make all street and road repair in accordance with the details indicated on the drawings and in accordance with the applicable requirements of these Specifications and meeting the permit requirements and approval of the governing Department of Transportation agencies. E. Replace pavement or roadway surfaces cut or damaged in equal or better condition than the original, including stabilization, base course, surface course, curb and gutter or other appurtenances. Obtain the necessary permits prior to any roadway work. Provide advance notice to the appropriate authority, as required, prior to construction operations. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 1 of 6 16G3'. 1. Roadway Restoration (within Collier County Department of Transportation & Engineering jurisdiction): Perform restoration in accordance with the requirements set forth in the "Right-of-Way Utility Construction Activities Policy" and these Standards. Obtain prior approval from Collier County DOT for the materials of construction and method of installation, along With the proposed restoration design for items not referred or specified herein. a. Where existing pavement is to be removed, mechanical saw cut the surface prior to trench excavation, leaving a uniform and straight edge parallel or perpendicular to the roadway centerline with minimum disturbance to the remaining adjacent surfacing. Provide minimal width of cut for this phase of existing pavement removal. b. Immediately following the specified backfilling and compaction, apply a temporary sand seal coat surface to the cut areas. For this temporary surfacing, provide a smooth traffic surface with the existing roadway and maintain until final restoration. Ensure that surfacing remains for a minimum of ten (10) days in order to assure the stability of the backfill under normal traffic conditions. Thirty (30) days following this period and prior to sixty (60) days after application: remove the temporary surfacing and perform final roadway surface restoration. c. In advance of final restoration, remove the temporary surfacing and mechanically saw the existing pavement straight and clean to the stipulated dimensions, if needed. Following the above operation, proceed immediately with final pavement restoration in accordance with the requirements set forth by Collier County Department of Transportation. d. No layer shall be greater than two inches (2") when compacted. Where a surface course is constructed to a thickness greater than two inches (2"), construct it in approximately equal layers, each not exceeding two inches (2"), e. Where necessitated by traffic conditions, lay mixture in strips in such manner as to provide for the passage of traffic. Where the road is closed to traffic, mixture may be laid to the full width, by machines traveling in parallel. 2. Roadway Restoration (outside Collier County Department of Transportation jurisdiction) - Conform work within the rights-of-way of public thoroughfares which are not under jurisdiction of Collier County to the requirements of the Govemmental agency having jurisdiction or the Florida Department of Transportation, if no govemmental agencies have jurisdiction. Work within State Highway right-of-way shall be in full compliance with all requirements of the permit drawings, and to the satisfaction of the Florida Department of Transportation. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 2 of 6 1.3 QUALITY ASSURANCE 16C3 A. Applicable provisions of the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction", and Supplemental Specifications hereunder govern the work under this Section. The Florida Department of Transportation will hereafter be referred to as FDOT. PART 2 PRODUCTS 2.1 MATERIALS A. Use materials for flexible base pavement and base course as specified in the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction". PART 3 EXECUTION 3.1 CUTTING PAVEMENT A. Cut and remove pavement to straight edges, 6 inches outside each edge of proposed trench to avoid pavement damage during installation of the new pipelines and appurtenances and for making connections to existing pipelines. B. Before removing pavement, mark the pavement for cuts nearly paralleling pipelines and existing street lines. Cut asphalt pavement along the markings with a jackhammer, rotary saw, or other suitable tool. C. No pavement shall be machine pulled until completely broken and separated along the marked cuts. D. The pavement adjacent to pipeline trenches shall neither be disturbed nor damaged, If the adjacent pavement is disturbed or damaged, irrespective of cause, remove the damaged pavement replace it at CONTRACTOR's expense. 3.2 GENERAL RESTORATION A. Restore, replace or rebuild existing street paving, driveways, etc., using the same type of construction as was in the original. Be responsible for restoring all such work, including sub-grade and base courses where present. Obtain and pay for such local or other governmental permits as may be necessary for the opening of streets. Meet any requirements other than those herein set forth which may affect the type, quality and manner of carrying on the restoration of surfaces by reason of jurisdiction of such governmental bodies. B. In all cases, maintain, without additional compensation, all permanent replacement of street paving, done by him under this Contract until accepted by COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 3 of 6 16C3 ~ the County Manager or designee, including the removal and replacement of such work wherever surface depressions or underlying cavities result from settlement of trench backfill. C. Complete all the final resurfacing or re-paving of streets or roads, over the excavations and relay paving surfaces of roadbed that have failed or been damaged prior to acceptance by the County Manager or designee. Conform backfilling of trenches and the preparation of sub-grades to Collier County standards. D. Do all re-paving or resurfacing in accordance with Florida Department of Transportation Specifications, to which the following requirement of trench backfill will be added: Where pipeline construction crosses paved areas such as streets, backfill the top 24 inches of trench below the road bases or concrete slabs with compacted A-4 or better material that will provide a bearing value of not less than 75 when tested by the Florida Department of Transportation Soil Bearing Test Methods. 3.3 PRIME AND TACK COATS A. Apply bituminous prime and tack coats on the previously prepared base course in accordance with Section 300 of the FOOT Specifications. 3.4 WEARING COURSE A. Use plant-mixed hot bituminous pavement to the thickness indicated in the drawings conforming to Type III asphaltic concrete in accordance with Section 333 of the FOOT Specifications. The requirements for plant and equipment are specified in Section 320 and the general construction requirements for asphaltic concrete pavement are contained in Section 330 of the FOOT specifications. 3.5 TESTING A. Perform all field-testing at an independent laboratory employed by the COUNTY. Test and certify all materials by the producer. Repeat tests of sub-grade or base not meeting specified compaction at the CONTRACTOR's expense. , 3.6 MISCELLANEOUS RESTORATION A. Restore sidewalks, cut or damaged by construction, in full sections or blocks to a minimum thickness of four inches. Restore concrete curb or curb gutter to the existing height and cross section in full sections or lengths between joints. Concrete shall be as specified on the drawings. Restore grassed yards, shoulders and parkways to match the existing sections with grass seed or sod of a type matching the existing grass. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 4 of 6 16C3 3.7 CLEANUP A. After all repair and restoration or paving has been completed, remove all excess asphalt, dirt, and other debris from the roadways. Check and clean all existing storm sewers and inlets of any construction debris. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 5 of 6 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16 C 3 " NO TEXT FOR THIS PAGE Section 02575 PAVEMENT REPAIR AND RESTORATION Page 6 of 6 16C3 SECTION 02607 INTERIOR CHIMNEY SEALS PART 1 GENERAL 1.1 SUMMARY A. The work in this section includes but is not limited to· furnishing all labor, equipment, materials, supervision and installation required for the internal sealing of the frame-chimney joint area of all manholes listed under this contract. 1.2 SUBMITTALS A. Shop Drawings: Submit shop drawings of interior manhole chimney seals as specified in Division 1. B. The manufacturer must certify in writing that each of the contractor's representatives are approved to install internal seals. PART 2 PRODUCTS 2,1 MANUFACTURERS A. Manhole Chimney Seals: 1. Cretex Specialty Products 2. County-approved equal. 2.2 MATERIALS A. Internal Manhole Seals: Manhole seal shall be designed to prevent leakage of water into the manhole through the frame joint area and the area above the manhole cone including all extensions to the chimney area. Extensions shall include but not be limited to lifting rings, brick and/or block material that may have been used to achieve grade. The seal shall remain flexible allowing for the repeated vertical and horizontal movements of the frame due to ground movement or movement of pavement. B. Final thickness of interior seal material shall be in accordance with manufacturer's recommendations. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02607 INTERNAL CHIMNEY SEALS Page 1 of 2 1N·-..·.iiU If ~ 16C3',1 PART 3 EXECUTION 3.1 INSTALLATION A. Repair Mortar: All loose and protruding mortar and brick that would interfere with the seal's performance shall be removed. Patching material shall conform to manufacturer's requirements and meet or exceed County standards. B. Surface Preparation: All sealing surfaces shall be reasonably smooth and circular, clean and free of any loose material or excessive voids. Cleaning of surface shall be in accordance with manufacturer's recommendations. Any cracks shall be repaired prior to installation of seal. c. Field Measurements: The Contractor shall field measure the manhole to determine the information required on the manufacturer's sizing and ordering procedures. D. Installation of Seal: The internal frame seal shall be installed in accordance with the manufacturer's instructions. 3.2 ACCESSORIES A. The Contractor shall supply two (2) mirrors with extension handles that can be used to inspect sealant application without entry of manhole. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02607 INTERNAL CHIMNEY SEALS Page 2 of 2 16C3 SECTION 03310 CONCRETE, MASONRY MORTAR AND GROUT PART 1 GENERAL 1.1 SUMMARY A. Section Includes: Cement, sand, aggregate admixtures and water for use in concrete, masonry mortar and grout. 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. . ASTM C 91 - Masonry Cement 2. ASTM C 144 - Aggregate for Masonry Mortar 3. ASTM C 150 - Portland Cement 4. ASTM C 207 - Hydrated Lime for Masonry Purposes 5. ASTM C 270 - Mortar for Unit Masonry 6. ASTM C 231 - Air Content of Freshly Mixed Concrete 7. ASTM C 404 - Aggregate for Masonry Grout 8. ASTM C 476 - Grout for Masonry 9. ASTM C 780 - Preconstruction and Construction Evaluation of Mortars for Plain and Reinforced Unit Masonry 10. ASTM C 1019 - Sampling and Testing Grout 11. CRD C-619 - Specification for Grout Fluidifier. 12. CRD C-621 - Specification for Non-Shrink Grout. 13. Brick Institute of America Research Report No. 15 14. ACI 530.1/ASCE 6-92 - Specifications for Masonry Structures COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 1 of 6 16C3·, 1.3 SUBMITTALS A. Provide all submittals, including the following, as specified in Division 1. B. Product Data and Information: Submit the following: 1. Furnish notarized certificates of manufacture as evidence that the cement conforms to the specified requirements. Include mill-test reports on the cement. 2. Furnish notarized certificates to verify that the hydrated lime and aggregates meet the specified requirements. 3. Furnish laboratory tests as evidence that the air content and masonry mortar compressive strength meet the requirements of ASTM 270 Type N and that the efflorescence tendency meets the requirements of the wick test in Brick Institute of America Research Report No. 15. 4. Furnish laboratory tests as evidence that the masonry grout compressive strength is equal to or greater than 2,500 psi at 28 days. 1.4 DELIVERY, STORAGE AND HANDLING A. General: Deliver, store and handle all mortar and grout materials as recommended by the manufacturers and as specified in Division 1 (and as follows:) B. Cement: Store cement in weathertight buildings that will exclude moisture and contaminants. Do not use cement that has deteriorated from storage. C. Hydrated Lime: Store hydrated lime in weathertight buildings which will exclude moisture and contaminants. D. Aggregates: Keep aggregates clean and free from all other materials during transportation and handling, Stockpile aggregate in a manner to prevent segregation. PART 2 PRODUCTS 2.1 CEMENT A. Portland Cement shall be of a standard brand and shall conform to the requirements of ASTM C150-latest edition, except as hereinafter stated. One bag of cement shall be considered as weighing 94 pounds. Type I shall be used unless higher cement is specified, in which event Type III shall be used. For Type t, the maximum amount of tricalcium silicate shall be 60 percent. Cement may be shipped either in paper or cloth sacks and the package shall have the brand and COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 2 of 6 16C3 name of manufacturer plainly marked on the outside. All cement shall be stored in weatherproof buildings in such a manner as will prevent absorption of moisture by the lower layers. Shipment shall be segregated by lot for identification. Type I cement which has been in storage more than 90 days shall be re-tested before use. Where carload shipments are used, a certificate from an approved testing laboratory shall be submitted prior to use of such cement on the job. 2.2 AGGREGATE A. Fine Aggregate: 1. Composition: Fine aggregate shall consist of natural sand and shall be graded from coarse to fine within the following limits shown in the table below. Sand failing to meet the minimum requirement for material passing the Number 50 and/or Number 100 Sieve may be used, provided other satisfactory inorganic fine materials are added. If two sands are used, each must be mixed, after separate weighing, in proportions approved by the County Manager or designee. U.S. Standard Square Percent of Total By Weight Passing Opening Sieve Minimum Maximum No.4 97 100 No.8 80 100 No. 30 25 75 No. 50 10 30 No. 100 2 10 No. 200 (By Washing) 0 4 2. Stockpiling: Fine aggregate shall be stored on a well-drained site, which has been cleared, grubbed and cleaned. Stockpiles shall be built up so as to prevent segregation of large and small particles. 3. Unsuitable Materials in Fine Aggregate: Not more than one percent (1 %) by weight of clay lumps or soft, disintegrated or coated grains shall be present in the fine aggregate. It shall also be free from foreign material such as dirt, wood, paper, burlap, or other unsuitable material. When tested in accordance with AASHTO T -21-27, it shall show a color not darker than standard. When tested for mortar strength in accordance with AASHTO T-71-38, the fine aggregate shall have a tensile strèngth at three (3) days (Type III), or at seven (7) days, (Type I); not less than 95 percent of that developed by mortar having the same water-cement ratio and consistency, made of the same cement and graded Ottawa Sand having a fineness modulus of 2.40, plus or minus 0.05. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 3 of 6 1 -v_ _._,'''_~__,_,,....,,_....,_"___ ... -'" ......-. .-. 16C3 B. Coarse Aggregate: 1. Composition: Coarse aggregate shall consist of crushed stone. It shall be washed to remove day, loam and dust. At his/her discretion, the. County Manager or designee may waive the washing requirement for stone having a loss of not more than thirty per cent (30%) when tested in accordance with the provisions of AASHTO T-96-38. 2. Unsuitable Material in Coarse Aggregate: The coarse aggregate shall not contain more than the following percentages of deleterious material: Soft Fibrous, Disintegrated Particles (Weight) Clay Lump (Weight) Finer Than No. 200 Sieve (Weight) Flat or Elongated Particles (Count) 3.0% 0.2% 0.5% 10.0% When subjected to AASHTO Test T-96-38, the aggregate shall have a loss not greater than sixty-five percent (65%). Aggregate shall be free from loam, wood, leaves, or other foreign material. 3. Gradation: For unreinforced foundations, for paving or for other unreinforced mass concrete, the gradation of coarse aggregate shall be as shown in Table 1. For reinforced footings, reinforced walls over 6" in thickness, ordinary floor slabs and similar structures, the gradation shall be as shown on Table 2. For handrails, reinforced walls, thin reinforced floor slabs electrical conduit encasement, and similar construction, the gradation shall be as shown on Table 3. Table 1 Percent Passing Percent By Weight Square Opening Sieve 2-1/2 inch 100 2 inch 95 - 100 1 inch 35 - 70 % inch 10 - 30 No.4 0-5 Table 2 Percent Passing Percent By Weight Square Opening Sieve 1-1/2 inch 100 1 inch 90 - 100 % inch 25 - 60 No,4 0-10 No,8 0-5 COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 4 of 6 Table 3 Percent Passing Percent By Weight Square ODenina Sieve 1 inch 100 :y.. inch 90 - 100 3/8 inch 20 - 55 No.4 0-10 No.8 0-5 16C3 4. Stockpiles: Stockpiles shall be constructed in layers not exceeding three feet (3') in height, and material shall be deposited in such manner as to prevent segregation of coarse and fine materials. Each type of aggregate shall be placed in a separate stockpile. Stockpile sites shall be cleared, grubbed and drained before using. . 2,3 A. 2.4 A. HYDRATED LIME Provide hydrated lime meeting the requirements of ASTM C 207. WATER Water shall be clean and free from salt, oil or organic substances. Laboratory tests shall be made to determine suitability of any water for use in concrete unless it is secured from a public water supply. PART 3 EXECUTION 3.1 CONCRETE PROPORTIONING A. Concrete aggregate shall be proportioned by weight. When the sources of supply shall have been. determined by the CONTRACTOR and approved by the County Manager or designee, the mix shall be set by an approved testing laboratory. Mix shall be designed for a "slump" suitable for the character of structure in which the concrete is to be incorporated. All concrete shall be as specified herein. B. After a suitable design mix has been approved by the County Manager or designee, it shall not be changed so long as materials of the same characteristics are used in the mix. Within the limits of the various cement factors shown above, the mix shall be varied until the homogenous workable mixture, suitable for the class of structure intended, has been obtained. 3.2 CONCRETE MIXING A. Concrete mixing shall be by means of a modern batch mixer equipped with accurately operating water measuring device and an automatic time locking device, COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 5 of 6 16C3 B. Where a central batching plant is not operated, each mixer must have available an approved portable weighing device for use in proportioning. Each batch shall be mixed for one and one-half (1%) minutes after charging has been completed, and during such mixing period, that drum shall operate with a peripheral speed of not less than one-hundred and fifty-three (153), nor more than two-hundred and twenty-five (225) feet per minute. The number of revolutions per minute shall be between fourteen (14) and twenty (20). Retempering concrete or use of concrete in which initial set has taken place will not be allowed. Transit mixed concrete from an approved batching plant and suitable truck mixer may be approved by the County Manager or designee. 3.3 PIPE GROUT A. Mix lean grout for backfilling the space surrounding the pipe sections in tunnel or other areas as specified or directed in the proportion of 1 part Portland cement to 12 parts sand by volume. B. Mix grout to a consistency that can be pumped into the pipe. Use a grout fluidifier to reducè water quantity and improve workability. 3.4 TESTING A. Masonry Mortar: Make and test specimens for preconstruction and construction evaluation of masonry mortar in accordance with the requirements of ASTM C 780. B. Masonry Grout: Make and test specimens for preconstruction and construction evaluation of masonry grout in accordance with the requirements of ASTM C 1019. C. Concrete shall contain cement, coarse aggregate, and fine aggregate meeting the Specifications contained in previous paragraphs of this Part. Unless otherwise specified or shown in the plans, the design strength of the several elements included in the plans shall be: 1. Four thousand (4,000) pounds minimum compressive strength per square inch at twenty-eight (28) days for all piers, reinforced walls, floors, slabs, precast structures and other special sections where specifically shown on the plans or Standard Details. 2. Two thousand five hundred (2,500) pounds minimum compressive strength per square inch at twenty-eight (28) days for all blocking, reinforced footings, for retaining walls not subject to hydrostatic pressure, or where specifically shown on the plans or shown in the Standard Details. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 6 of 6 16C3 COLLIER COUNTY WATER-SEWER DISTRICT TECHNICAL SPECIFICATIONS Table of Contents DIVISION 1 - GENERAL REQUIREMENTS SECTION Summary of Work Measurement and Payment References Quality Control Construction Facilities and Temporary Controls Traffic Regulation and Public Safety Material and Equipment Cleaning Operations and Maintenance Manuals 01010 01026 01090 01400 01500 01570 01600 01710 01730 DIVISION 2 - SITEWORK Demolition Excavation - Earth and Rock Backfilling Temporary Erosion and Sedimentation Control for Construction Activities Impacting Less Than One Acre, Including Construction Required Dewatering Restoration by Sodding or Seeding Pavement Repair and Restoration Sewer Manholes Miscellaneous Work and Cleanup 02050 02222 02223 02276 02400 02575 02607 02999 DIVISION 3 - CONCRETE Concrete, Masonry Mortar and Grout 03310 DIVISION 5 - METALS Metal Castings 05540 COLLIER COUNTY TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Page 1 of 1 __,,_..._._...."'..Æ'.__., 16C3 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL SECTION INCLUDES 1.1 A. B. C. D. 1.2 A. Description of Work CONTRACTOR's Use of Site Work Sequence COUNTY Occupancy DESCRIPTION OF WORK General: The Work to be done under this Contract consists of, but is not limited to: 1. Replace 49 existing manhole frames and covers and install exterior seals as indicated on the plans arid in the specifications; . ' 2. Replace 2 existing manhole covers a~ indicated on the plans and in the specifications; 3. Reset 21 existing frames and covers and install exterior seals as indicated on the plans and in the specifications; 4. Repair/Replace/Raise 3 manhole chimneys as indicated on the plans and in the specifications; 5. Repair existing grass and/or paved areas where work was conducted or where required by the specifications. B. The plans which are applicable to the Contract are titled as follows: BID NO.: 05-3871 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES MANHOLE REHABILITATION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 1 of 6 -16C3;" ~ ~! C. The Work includes: 1. Coordination of all work through Collier County Collections department prior to beginning construction. 2. Furnishing of all labor, material, superintendence, plant, power, light, heat, fuel, water, tools, appliances, equipment, supplies, services and other means of construction necessary or proper for performing and completing the Work. - 3. Sole responsibility for adequacy of manholes and equipment. 4. Maintaining the Work area and site in a clean and acceptable manner. 5. Maintaining existing facilities in service at all times. 6. Protection of finished and unfinished Work. 7. Repair and restoration of Work or existing facilities damaged during construction. 8. Furnishing as necessary proper equipment and machinery, of a sufficient capacity, to facilitate the Work and to handle all emergencies normally encountered in Work of this character. D. Implied and Normally Required Work: It is the intent of these Specifications to provide the COUNTY with complete operable systems, subsystems and other items of Work. Any part or item of Work, which is reasonably implied or normally required to make each installation satisfactorily and completely operable, is deemed to be included in the Work and the Contract Amount. All miscellaneous appurtenances and other items of Work incidental to meeting the intent of these Specifications are included in the Work and the Contract Amount even though these appurtenances may not be specifically called for in these Specifications. E. Quality of Work: Regard the apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished as meaning that only the best general practice is to prevail and that only materials and workmanship of the best quality are to be used. Interpretation of these specifications will be made upon this basis. F. No Duty: The duty of the OWNER or ENGINEER to observe CONTRACTOR's performance does not include any review of the adequacy of CONTRACTOR's safety measures in, on, or near the Work site or sites, ENGINEER has not been retained or compensated to provide design or construction review services relating to CONTRACTOR's safety precautions required for CONTRACTOR to perform Work. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 2 of 6 16C3 G. No Liability: Neither the OWNER, nor any official or employeeof the OWNER, nor the ENGINEER, or any authorized assistant or agent of any of them,shallbe responsible for safety precautions and programs in connection with the Work or any liability arising there from. 1.3 CONTRACTOR'S USE OF SITE A. In addition to the requirements of the Supplemental Terms and Conditions, limit use of site and premises for work and storage to allow for the following: 1. Coordination of the Work under this CONTRACT with the work of the other contractors where Work under this CONTRACT encroaches on the Work of other contractors. 2. COUNTY occupancy and access to operate existing facilities. 3. Coordination of site use with ENGINEER. 4. Responsibility for protection and safekeeping of products under this CONTRACT. 5. Providing additional off site storage at no additional cost to the COUNTY as needed. 1.4 WORK SEQUENCE A. Construct work in stages to accommodate the COUNTY's use of premises during construction period and in accordance with the sequences of construction specified below: B. Raise/Repair/Replace Sanitary Sewer Manhole Frames and Install New Exterior Seals 1. Secure work area in accordance with Collier County Standards and Sections 01400 and 01500. 2. Excavate and remove the existing manhole frame and cover. For, manholes located in paved areas: sawcut existing asphalt a minimum of 6" and no more than a maximum of 5' beyond the manhole frame and cover. 3. Remove and dispose of existing deteriorated chimney rings and/or bricks. 4. Install new precast concrete or HOPE riser rings to an elevation that will bring frame and cover flush with grade (Detail "0"). COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 3 of 6 16C3 5. Install new exterior seal. (Detail "8"). 6. Reinstall existing or replace frame and cover over manhole. 7. Backfill and repair pavement or grassy area in accordance with Sections 02223, 02400 and 02575. C. Furnish and Install New Manhole Frames, Covers and Exterior Seals 1. Secure work area in accordance with Collier County Standards and Sections 01400 and 01500 of these specifications. 2. Excavate, remove and dispose of the existing manhole frame and cover. For manholes located in paved areas: sawcut existing asphalt a minimum of 6" and no more than a maximum of 5' beyond the manhole frame and cover. 3. Install new frame, cover and exterior seal as shown in the plans (Detail "A"). 4. Backfill and repair pavement or grassy areas in accordance with Sections 02223, 02400 and 02575. D. Furnish and Install New Manhole Covers 1. Secure work area in accordance with Collier County Standards and . Sections 01400 and 01500. 2. Remove and dispose of existing manhole cover. 3. Install new manhole cover. E. Remove and Replace Street Pavement Surface and Base Around Manhole 1. For manholes that require asphalt replacement only: a. Secure work area in accordance with Collier county Standards and Sections 01400 and 01500. b. Sawcut existing pavement a minimum of 6" and no more than a maximum of 5' beyond manhole frame and cover. c. Place new asphalt. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 4 of6 16C3 '.~. . F. Reset Existing Frames and Covers and Install New Exterior Seals 1. Secure work area in accordance with Collier County Standards and Sections 01400 and 01500. 2. Excavate and reset the existing manhole frame and cover. For manholes located in paved areas: sawcutexisting asphalt a minimum of 6" . and no· more than a maximum of 5' beyond the manhole frame and cover. 3. Reinstall existing frame and cover. 4. Install new exterior seal (Deta,H"B"). 5. Backfill and repair pavement or grassy area in accordance with Sections 02223, 02400 and 02575. G. Coordinate construction schedules and operations with Collier County Collections Department and Public Utilities Department Project Manager. H. Coordinate work of all subcontractors if applicable. 1.5 COUNTY OCCUPANCY A. The COUNTY may occupy premises during entire period of construction in order to maintain normal operations. Cooperate with the COUNTY Manager or designee in all construction operations to minimize conflict, and to facilitate COUNTY usage. B. Conduct operations with the least inconvenience to the general public. 1.6 PROTECTION OF EXISTING UTILITIES A. Contractor is responsible for locating and protectin-g utilities in area of construction. B. In case of damage to existing utilities caused by construction activities, contact the owner of the utility or appropriate COUNTY department (Water or Wastewater) immediately. Repair any damage to existing utilities caused by construction activities in coordination with or as directed by the owner of the utility at no cost to the COUNTY. PART 2 PRODUCTS Not Used COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 5 of 6 PART 3 EXECUTION 16C3 " A. Starting Work: Start Work within 10 days following the date stated in the Notice to Proceed and execute with such progress as may be required to prevent delay to other contractors or to the general completion of the project. Execute Work at such items and in or on such parts of the project, and with such forces, material a'nd equipment, as to complete the Work in the time established by the Contract. At all times, schedule and direct the Work so that it provides an orderly progression to completion within the specified time for completion. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01010 SUMMARY OF WORK Page 6 of 6 SECTION 01026 MEASUREMENT AND PAYMENT 16C3 - (Applies only to Collier County Public Utilities Projects or Works, not to Private Developments and not to Collier County Transportation Projects) PART 1 GENERAL SECTION INCLUDES 1.1 A. B. C. D. 1.2 A. Explanation and Definitions Measurement Payment Schedule of Values EXPLANATION AND DEFINITIONS The following explanation of the Measurement and Payment for the Bid Schedule items is made for information and guidance. The omission of reference to any item in this description shall not, however, alter the intent of the Bid Schedule or relieve the CONTRACTOR of the necessity of furnishing such as a part of the Contract. Measurement and payment for all Contract Items shall be made in accordance with this section or as modified by the Supplemental Terms and Conditions. 1.3 MEASUREMENT A. The quantities set forth in the Bid Schedule are approximate and are given to establish a uniform basis for the comparison of bids. The COUNTY reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accord with the terms of the Contract. 1.4 PAYMENT A. Make payment for the items listed on the Bid Schedule on the basis of the work actually performed and completed, such work including but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, clean up, restoration of disturbed areas, and all other appurtenances to complete the construction and installation of the work as shown on the drawings and described in the specifications, COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01026 MEASUREMENT AND PAYMENT Page 1 of 4 ~ ~' 16C3 B. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable. 1.5 SCHEDULE OF VALUES A. Approval of Schedule: Submit for approval a preliminary schedule of values, in duplicate, for all of the Work. Prepare preliminary schedule in accordance with the Supplemental Terms and Conditions. Submit preliminary schedule of values within 10 calendar days after the Effective Date of the Agreement. Submit final schedule of values in accordance with the Supplemental Terms and Conditions. B. Format: Utilize a format similar to the Table of Contents of the Project Specifications. Identify each line item with number and title of the major specification items. Identify site mobilization, bonds and insurance. Include within each line item, a direct proportional amount of CONTRACTOR's overhead profit. C. Revisions: With each Application for Payment, revise schedule to list approved Change Orders. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.1 MEASUREMENT AND PAYMENT A. Make payment on the basis of work actually performed completing each item in the Bid, such work including, but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, cleanup, and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. Payment for each item includes compensation for cleanup and restorations. 1. Mobilization: Payment for mobilization will be made for at the Contract lump sum price. 2. Raise/Repair/Replace Sanitary Sewer Manhole Frames and Install New Exterior Seals: Payment for raising sanitary sewer manhole frames and installing new exterior seals will be made at the appropriate Contract unit price per manhole. This item includes all labor, equipment, materials and maintenance of traffic for furnishing and installing all necessary, materials, COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01026 MEASUREMENT AND PAYMENT Page 2 of 4 , 16C3 excavation, dewatering, compaction, removal and replacement of grass, fill material, sod, pavement, driveways, sidewalks and other surface materials not specifically designated in the Bid, deanup, testing, and all other work for a complete installation. 3. Furnish and Install New Frames. Covers and Exterior Seals: Payment for furnishing and installing new frames, covers and exterior seals will be made at the appropriate Contract unit price per manhole. This item includes all labor, equipment, materials and maintenance of traffic for fumishing and installing all necessary materials, excavation, dewatering, compaction, removal and replacement of grass, fill material, sod, pavement, driveways, sidewalks and other surface materials not specifically designated in the Bid, cleanup, testing, and all other work for a complete installation. 4. Furnish and Install New Manhole Covers: Payment for furnishing and installing new manhole covers will be made at the appropriate Contract unit price per manhole. This item includes all labor, equipment and materials for furnishing and installing all necessary materials. 5. Remove and· Replace Street Pavement Surface and Base (Only) Around Manhole: Payment for removing and replacing street pavement surface and base around a manhole will be made at the appropriate Contract unit price per square yard for pavement surface and base installed in the work. Replace all pavement surface and base in accordance with the Collier County Standard Details and details shown on the Plans. 6. Reset Existinq Frames and Covers and Install New Exterior Seals: Payment for resetting existing frames and covers and installing new exterior seals will be made at the Contract unit price per manhole. This item includes all labor, equipment, materials and maintenance of traffic for furnishing and installing all necessary materials, excavation, dewatering, compaction, removal and replacement of grass, fill material, sod, pavement, driveways, sidewalks and other surface materials not specifically designated in the Bid, cleanup, testing, and all other work for a complete installation. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01026 MEASUREMENT AND PAYMENT Page 3 of 4 ._~__"~.._~ ~_ ~.,"",_.·ú"_·_>._·>.,,..,,_. ..~ COLLIER COUNTY TECHNICAL SPECIFICATIONS NO TEXT FOR THIS PAGE 16C3 r Section 01026 MEASUREMENT AND PAYMENT Page 4 of 4 SECTION 01090 REFERENCES 16C3 PART 1 GENERAL SECTION INCLUDES 1.1 A. B. c. D. 1.2 A. Reference Abbreviations Abbreviations Reference Standards Definitions RELATED SECTIONS Information provided in this section is used where applicable in individual Specification Sections, Divisions 2 through 16. 1.3 REFERENCE ABBREVIATIONS A. Reference to a technical society, trade· association or standards setting organization, may be made in the Specifications by abbreviations in accordance with the following list: AABC AAMA AASHTO AATCC ACI ADC AFBMA AGA AGMA AHA AISC AISI AMCA ANSI APA ARI ASCE ASHRAE Associated Air Balance Council Architectural Aluminum Manufacturers Association American Association of State Highway and Transportation Officials American Association of Textile Chemists and Colorists American Concrete Institute Air Diffusion Council Anti-friction Bearing Manufacturers Association American Gas Association American Gear Manufacturers Association Association of Home Appliance Manufacturers American Institute of Steel Construction American Iron and Steel Institute Air Movement and Control Association, Inc. American National Standards Institute American Plywood Association American Refrigeration Institute American Society of Civil Engineers American Society of Heating, Refrigerating and Air Conditioning Engineers COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 1 of 8 .._"__ U..- _..__ 16C3 ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineers ASTM American Society for Testing and Materials AWl Architectural Woodwork Institute AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association BHMA Builders' Hardware Manufacturers Association BrA Brick Institute of American CABO Council of American Building Officials CAGI Compressed Air and Gas Institute CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers Association of America CRD U.S. Corps of Engineers Specifications CRSI Concrete Reinforcing Steel Institute CTI Cooling Tower Institute DHI Door and Hardware Institute DOH Department of Health DOT Department of Transportation Fed. Spec. Federal Specifications FGMA Flat Glass Marketing Association FM Factory Mutual HMI Hoist Manufacturing Institute HPMA See HPVA HPV A Hardwood Plywood Veneer Association ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IFI Industrial Fasteners Institute MIL Military Specifications MSS Manufacturer's Standardization Society NAAMM National Association of Architectural Metal Manufacturers NACM National Association of Chain Manufacturers NBS National Bureau of Standards. See NIST NEBB National Environmental Balancing Bureau NEC National Electrical Code NEMA National Electrical Manufacturers Association NETA National Electrical Testing Association NFPA National Fire Protection Association NFPA National Forest Products Association NFPA National Fluid Power Association NIST National Institute of Standards and Technology NLMA National Lumber Manufacturers Association NSF National Sanitation Foundation OSHA Occupational Safety and Health Act PCI Prestressed Concrete Institute POI Plumbing and Drainage Institute SAE Society of Automotive Engineers SCPRF Structural Clay Products Research Foundation COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 2 of 8 S MAC NA SPI SSPC STI TCA TIMA UL USBR USBS 16C3 Sheet Metal and Air Conditioning Contractors' National Association Society of the Plastics Industry Steel Structures Painting Council Steel Tank Institute Tile Council of American Thermal Insulation Manufacturers' Association Underwriters'Laboratories, Inc. U. S. Bureau of Reclamation U. S. Bureau of Standards, See NIST .' loo, ~: 1.4 ABBREVIATIONS A. Abbreviations which may be used in individual Specification Sections Divisions 1 through 16 are as follows: alternating current ............................. ac American wire gauge.....................AWG ampere(s) ...... ,..... .......... .........,....... amp ampere-hour(s)................. ..... .......... AH annual............... ...................' .......... ann Ampere Interrupting Capacity ...,....................... ,............ AIC atmosphere( s) ................................. atm average ..... ,...........,..... ...... .,... ..,...... .avg cubic feet per second..........,............. cfs cubic foot (feet) ............................... cu ft cubic inch(es)................................. cu in cubic yard(s) ...............................:. cu yd biochemical oxygen demand ..........BOD Board Foot,.....,........ ................,.... FBM brake horsepower.....,...,.................. bhp Brinell Hardness ............................,. BH British thermal unit{s) ....................... Btu decibels................................ ...'......... ..dB decibels (A scale) ............................dBa degree(s) ................... ................. ..... deg dewpoint temperature ........................ dpt diameter.................. .......................... dia direct current................. .................:... dc dissolved oxygen ......................:...~...DO dissolved solids................................. OS dry-bulb temperature ........................ dbt calorie (s) .......................................... cal carbonaceous biochemical oxygen demand........................ CBOD Celsius (centigrade) ........................... C Center to Center ......................... C to C centimeter{s) ......................... ........... cm chemical oxygen demand.............. COD coefficient, valve flow........................ Cv condensate return ............................ CR cubic. ............ ,... ......................,.......... cu cubic centimeter{s) ... ......... ................. cc cubic feet per day..............................cfd cubic feet per hour.............................cfh cubic feet per minute ...,....................cfm cubic feet per minute, standard conditions ....................... scfm efficiency..,....,... .......................... ....... eft elevation ............................................ el entering water temperature .............. ewt entering air temperature.................... eat equivalent direct radiation .................edr face area......... .................................... fa face to face ..................................... f to f Fahrenheit . ...................... ........... ........ F feet per day....................................... fpd feet per hour ..................................... fph feet per minute................................. fpm feet per second ................................. fps foot (feet) ............................................. ft foot-candle.................................. ........ fc foot-pound .........................,............. ft-Ib foot-pounds per minute ............. ft-Ib/min COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 3 of 8 .. _----e......,--...~ 16C3 foot-pounds per second............. ft-Ib/sec formazin turbidity unit(s) ................. FTU frequency........................................ freq fuel oil......,................. ............ ........... FO fuel oil supply................................. FOS fuel oil return .................................. FOR linear foot (feet)............................... !in ft liter( s).... ................... ............ ...... .... ...... L gallon( s) ................................... ...... ...gal gallons per day................................ gpd gallons per day per cubic foot................................gpd/cu ft gallons per day per square foot .............................gpd/sq ft gallons per hOuL............................. gph gallons per minute........................., gpm gallons per second ...........................gps gas chromatography and mass spectrometry ...................GC-MS gauge., ...... ...,... ........ ........ .......... ....... ga grain( s) ............,... ............................... gr gram( s)..................................,.....,....... g grams per cubic centimeter ..........gm/cc Heat Transfer Coefficient.....................U height......... .................................. .... hgt Hertz..... .........'............. ....... .............. Hz horsepower ........ .... .......................... hp horsepower-hour ........................... hp-hr hour(s)......, ..... ....., ... ,....... ....... ...,....... hr humidity, relative ............................... rh hydrogen ion concentration ,..............pH megavolt-ampere( s)............ ........... MV A meter(s) ....,...................... ................... m micrograms per liter ...................... ug/L miles per hour ................................. mph milliampere(s) ...................,.............. mA milligram(s) .................. .................... mg milligrams per liter......................... mglL milliliter( s) ......... ............... ....... ......... mL millimeter(s) .................................... mm million gallons ................................. MG million gallons per day................... mgd millisecond(s).. ...... ..................... ...... ms millivolt( s).................................. ....... mV minute(s) ....... ,... ......... ..................... min mixed liquor suspended solids ................................... ...... MLSS nephelometric turbidity unit........................................... ..... NTU net positive suction head .........;... NPSH noise criteria ..Oo.................................. nc noise reduction coefficient .:........... NRC number.............................,........ ......... no ounce( s). ........, ......................... .......... oz outside air............................ ..... :........ oa outside diameter ...............................00 inch( es) .........,..................................... in inches per second .............................ips inside diameter ...................................10 parts per billion ............................... ppb parts per million ............................. ppm percent................................. ............ pct phase (electrical) .......................... . . ph pound( s) ................................ ...... ...... Ib pounds per cubic fooL..................... pcf pounds per cubic foot per hour ...................................... pcf/hr pounds per day ...........................Ibs/day pounds per day per cubic foot .,........................Ibs/day/cu ft pounds per day per square foot........................lbs/day/sq ft pounds per square fooL.....,............ psf pounds per square foot per hour ...................................... psflhr pounds per square inch ................... psi Jackson turbidity unit(s)...................JTU kelvin........................ ,......................... K kiloamperes.. .......... ..... ..........,.... ....... kA kilogram(s) ..... ......... ......, ... ......... ....... .kg kilometer(s) ...., ............... ...... ,. ....... .... km kilovar (kilovolt-amperes reactive) ,. ,... ....., ..... ...... ...,., ,.' ..... ,. .kvar kilovolt(s) ....... ..........,......... ................ kV kilovolt-ampere(s).... ........ ..... ........... kV A kilowatt( s) ............ .................. ........ ... kW kilowatt-hour(s).,.......,....... ,.. ,.......... kWh COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 4 of 8 16C3 pounds per square inch absolute............ ..... :..... ...... ..,... ...... psia pounds per square inch gauge.......... ............. ..... ................ psig power factor .. ............ ........... ............. PF pressure drop or difference ............. ........... ................ dp pressure, dynamic (velocity).......................... ............ ..... vp pressure, vapor ..................,.........vap pr supply air ...................................... . . sa suspended solids ............................. SS quart( s)........ ...... ........... ........ .............. qt temperature .................................. temp temperature difference ..................... TO temperature entering ....................... TE temperature leaving ......;................... TL thousand Btu per hour ................... Mbh thousand circular mils ................... kcmil thousand cubic feeL....................... Met threshold limit value ....................... TLV tons of refrigeration ......................... tons torque......................... ......... ......... TRQ total dissolved solids...................... TOS total dynamic head......................... TOH total kjeldahl nitrogen ..................... TKN total oxygen demand .................... TOO total pressure.. .... .......... ....... ............ TP total solids........................................ TS total suspended solids ................... TSS total volatile solids............. TVS vacuum viscosity............................... ........... visc volatile organic chemicaL.............. VOC volatile solids .................................... VS volatile suspended solids ............... VSS volt(s)......... ...... ........ ............ ..... .......... V volts-ampere(s) .............. ......... ......... VA volume................................... .......... vol watt(s).,... ......... .................... ..... .....,... W watthour( s)............................ ........... Wh watt-hour demand......................... WHO watt-hour demand meter ............ WHOM week( s) .... .............................. ........... wk weight.................................... ...... ..... wt wet-bulb .......................................... WB wet bulb temperature .................... WBT Rankine........ ..... ...... ........... .... ............ R relative humidity ................................. rh resistance..................... ........ ........... res retum air ............................................. ra revolution( s) .................. .................. rev revolutions per minute ..................... rpm revolutions per second .................... rps root mean squared ......................... rms safety factor........................................ sf second(s) ..... ,. ... .............. ................ sec shading coefficient........................... SC sludge density index....................... SOl Sound Transmission Coefficient................. .................. STC specific gravity.............................. sp gr specific volume........................... Sp Vol sp ht at constant pressure ................ Cp square................ .................. ...... ......' sq square centimeter(s) ....................sq cm square foot (feet) .............................sq ft square inch (es)..............................sq in square meter(s)............................. sq m square yard(s) .... ............. .............. sq yd standard ................................... ........ std static pressure ................................ st pr ya rd ( s) ............................................... yd year(s) ................................................ yr 1.5 REFERENCE PUBLICATIONS "The following publications are incorporated into this Manual and are made a part of this Manual as is set out verbatim in this Manual. Violations of any provision of every such publication, as up-dated from time-to-time by Resolution(s) of the Board of County COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 5 of 8 vac 16C3 Commissioners, shall be a violation of the Collier County Utility Standards and Procedures Ordinance, as then amended." A. Water Environment Federation, Manual of Practice No.8, Wastewater Treatment Plant Design, W.E.F., 601 Wythe Street, Alexandria, VA, 22314-1994. B. Water Environment Federation, Manual of Practice No.9, Design and Construction of Sanitary and Storm Sewers, W.E.F., 601 Wythe Street, Alexandria, VA, 22314-1994. C. ' Great Lakes/Upper Mississippi River Board of State Sanitary Engineers. Recommended Standards for Sewage Works, Health Education Service, Inc., P.O. Box 7283, Albany, New York, 12224. D. Great Lakes/Upper Mississippi River Board of State Sanitary· Engineers. Recommended Standards for Water Works, Health Education Service, Inc., P.O. Box 7283, Albany, New York, 12224. E. Rules of the Florida Department of Environmental Protection for Water, Wastewater, and Reclaimed Water Systems, latest revisions of F ,A.C. Chapters 62-550, 62-555, 62-600, 62-604, 62-610, 64E-6, and 64E-8, 3900 Commonwealth Boulevard M.S. 49, Tallahassee, Florida, 32399. F. American Water Works Association, Inc., Water Treatment Plant Design, 6666 West Quincy Avenue, Denver, Colorado, 80235. G. American Water Works Association, Inc" Water Treatment Plant Design. AWWA, Standards and Application Manuals, 6666 West Quincy Avenue, Denver, Colorado, 80235. H. Ductile Iron Pipe Research Association, Handbook, Ductile Iron Pipe/Cast Iron Pipe. Ductile Iron Pipe Research Association, 245 Riverchase Parkway East, Birmingham, Alabama, 35244. I. Uni-Bell Plastic Pipe Association, Handbook of PVC Pipe, Uni-Bell Plastic Pipe Association, 2655 Villa Creek Drive, Suite 164, Dallas, Texas, 75234. J. American National Standards Institute, latest revisions of applicable standards, 1819 L Street NW, Suite 600, Washington, D.C" 20036. K. American Society for Testing and Materials, latest revisions of applicable standards, ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania, 19428-2959. L. National Water Research Institute, Treatment Technologies for Removal of MTBE. NWRI, 10500 Ellis Ave., P.O. Box 20865, Fountain Valley, CA, 92728. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 6 of 8 16C3 M. National Water Research Institute, Valuing Ground Water: Economic Concepts/Approaches. NWRI, 10500 Ellis Ave., P.O. Box 20865, Fountain Valley, CA, 92728.7.3.14. N. U.S. Environmental Protection Agency, Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability, Supplement to the Federal Guidelines for Design, Operation, and Maintenance of Wastewater Treatment Facilities, Technical Bulletin EPA-430-99-74-001, U.S. EPA, Office of Water Program Operations. O. Florida Department of Transportation, Standard Specifications for Road and Bridge Construction, Maps & Publications Sales, Mail Station 12, 605 Suwannee Street, Tallahassee, Florida 32399-0450. P. Plastics Pipe Institute, Handbook of Polyethylene Pipe, 1825 Connecticut Ave., NW, Suite 680, Washington, DC 20009. Q. National Fire Protection Association, 1995 Edition of NFPA 24 - Standard for the Installation of Private Fire Service Mains and Their Appurtenances, 1 Batterymarch Park, Quincy, MA 02169. R. Collier County Water-Sewer District Utilities Standards Manual. S. National Electric Code, latest revisions of applicable requirements. 1.6 REFERENCE STANDARDS A. Latest Edition: Construe references to furnishing materials or testing, which conform to the standards of a particular technical society, organization, or body, to mean the latest standard, code, or specification of that body, adopted and published as of the date of bidding this Contract. Standards referred to herein are made a part of these Specifications to the extent that is indicated or intended. B. Precedence: The duties and responsibilities of the COUNTY, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees are set forth in the Contract Documents, and are not changed or altered by any provision of any referenced standard specifications, manuals or code, whether such standard manual or code is or is not specifically incorporated by reference in the Contract Documents. Any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority, to undertake responsibility contrary to the powers of the ENGINEER as set forth in the Contract Documents cannot be assigned to the ENGINEER or any of the ENGINEER's consultants, agents or employees. 1.7 DEFINITIONS A. In these Contract Documents the words furnish, install and provide are defined as follows: COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 7 of 8 16 C 3 ,~ 1. Furnish (Materials): to supply and deliver to the project ready for installation and in operable condition. ' 2. Install (services or labor): to place in final position, complete, anchored, connected in operable condition. 3. Provide: to furnish and install complete. Includes the supply of specified services. When neither furnish, install or provide is stated, provided is implied. 4. COUNTY: Collier County Board of Commissioners, County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112, or authorized staff or representqtives. 5. ENGINEER: The terms Design Professional, Design Engineer, and Engineer are interchangeably used throughout the Contract Documents. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01090 REFERENCES Page 8 of 8 PART 3 EXECUTION Not Used COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 :.7 .~ END OF SECTION Section 01400 QUALITY CONTROL Page 7 of 8 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 NO TEXT FOR THIS PAGE Section 01400 QUALITY CONTROL Page 8 of 8 SECTION 01400 QUALITY CONTROL 16 C 3' . PART 1 GENERAL SECTION INCLUDES 1.1 A. B. C. D. E. F. G. 1.2 A. Submittals Inspection Services Inspection of Materials Quality Control Costs of Inspection Acceptance Tests Failure to Comply with Contract SUBMITTALS General: Provide all submittals, including the following, as specified in Division 1 and the individual material sections. B. Certificate Submittals: Furnish the ENGINEER authoritative evidence in the fonn of Certificates of ManufaCture that the materials and equipment to be used in the Work have been manufactured and tested in conformity with the Contract Documents. Include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. 1.3 INSPECTION SERVICES A. COUNTY's Access: At all times. during the progress of the Work and until the date of final completion, afford the County Manager or designee and ENGINEER every reasonable, safe, and proper facility for inspecting the Work at the site. The observation and inspection of any work will not relieve the CONTRACTOR of any obligations to perfonn proper and satisfactory work as specified. Replace work rejected due to faulty design, inferior, or defective materials, poor workmanship, improper installation, excessive wear, or nonconfonnity with the requirements of the Contract Documents, with satisfactory work at no additional cost to the COUNTY. Replace as directed, finished or unfinished work found not to be in COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 1 of 8 16C3 strict accordance with the Contract, even though such work may have been previously approved and payment made therefor. B. Rejection: The COUNTY and the County's Manager or designee have the right to reject materials and workmanship which are defective or require correction. Promptly remove rejected work and materials from the site. C. Inferior Work Discoveries: Failure or neglect on the part of the COUNTY or the County's Manager or designee to condemn or reject bad or inferior work or materials does not imply an acceptance of such work or materials. Neither is it to be construed as barring the COUNTY or the County's Manager or designee at any subsequent time from recovering damages or a sum of money needed to build anew all portions of the Work in which inferior work or improper materials were used. D. Removal for Examination: Should it be considered necessary or advisable by the COUNTY or the County's Manager or designee, at any time before final acceptance of the Work, to make examinations of portions of the Work already completed, by removing or tearing out such portions, promptly furnish all necessary facilities, labor, and material, to make such an examination. If such Work is found to be defective in any respect, defray all expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the cost of examination and restoration of the Work will be considered a change in the Work to be paid for in accordance with applicable provisions of the Contract. . E. Operation Responsibility: Assume full responsibility for the proper operation of equipment during tests and instruction periods. Make no claim, other than provided in the Contract Documents, for damage that may occur to equipment prior to the time when the County Manager or designee accepts the Work. F. Rejection Prior to Warranty Expiration: If at anytime prior to the expiration of any applicable warranties or guarantees, defective equipment is rejected by the County Manager or designee, repay to the COUNTY all sums of money received for the rejected equipment on progress certificates or otherwise on account of the Contract lump sum prices, and upon the receipt of the sum of money, the County Manager or designee will execute and deliver a bill of sale of all its rights, title, and interest in and to the rejected equipment. Do not remove the equipment from the premises of the COUNTY until the County Manager or designee obtains from other sources, equipment to take the place of that rejected. The COUNTY hereby agrees to obtain other equipment within a reasonable time and the CONTRACTOR agrees that the COUNTY may use the equipment furnished by the CONTRACTOR without rental or other charge until the other new equipment is obtained. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 2 of 8 16C3 1.4 INSPECTION OF MATERIALS A. Premanufacture Notification: Give notice inwriting to the ENGINEER sufficiently in advance, of the commencement of manufacture or preparation of materials especially manufactured or prepared for use in or as part of the permanent construction. When required, notice to include a request for inspection, the date of commencement, and the expected date of completion of the manufacture or preparation of materials. Upon receipt of such notice, ENGINEER will arrange to have a representative present at such times during the manufacture or testing as may be necessary to inspect the materials, or will notify CONTRACTOR that the. inspection will be made at a point other than the point of manufacture or testing, or that the inspection will be waived. Comply with these provisions before shipping any materials. Such inspection will not constitute a release from the responsibility for furnishing materials meeting the requirements of the Contract Documents. B. Testing Standards: Conduct tests of electrical and mechanical equipment and appliances in accordance with recognized, applicable test codes. 1.5 QUALITY CONTROL A. Testing 1 . Field and Laboratory a. Provide personnel to assist the ENGINEER in performing the following periodic observation and associated services. (1) Soils: Observe and test excavations, placement and compaction of soils. Determine suitability of excavated material. Observe subgrade soils and foundations. (2) Concrete: Observe forms and reinforcement; observe concrete placement; witness air entrainment tests, facilitate concrete cylinder preparation and assist with other tests performed by ENGINEER. (3) Masonry: Sample and test mortar, bricks, blocks and grout; inspect brick and block samples and sample panels; inspect placement of reinforcement and grouting. (4) Structural Steel: Verify that all welders are certified; visually inspect all structural steel welds; mechanically test high-tensile bolted connections. b. When specified in Divisions 2 through 16 of the Contract Documents, provide an independent laboratory testing facility to perform required testing. Qualify the laboratory as having performed previous satisfactory work. Prior to use, submit to the ENGINEER for approval. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 3 of 8 16C3 , c. Cooperate with the ENGINEER and laboratory testing representatives. Provide at least 24 hours notice prior to when specified testing is required. Provide labor and materials, and necessary facilities at the site as required by the ENGINEER and the testing laboratory. d. When an independent electrical testing agency is specified in the Contract Documents, provide a member of the National Electrical Testing Association to perform inspections and tests. 2. Equipment: Coordinate and demonstrate test procedures as specified in the Contract Documents and as required during the formal tests. . B. Reports 1. Certified Test Reports: Where transcripts or certified test reports are required by the Contract Documents, meet the following requirements: a. Before delivery of materials or equipment submit and obtain approval of the ENGINEER for all required transcripts, certified test reports, certified copies of the reports of all tests required in referenced specifications or specified in the Contract Documents. Perform all testing in an approved independent laboratory or the manufacturer's laboratory. Submit for approval reports of shop equipment tests within thirty days of testing.· Transcripts or test reports are to be accompanied by a notarized certificate in the form of a letter from the manufacturer or supplier certifying that tested material or equipment meets the specified requirements and the same type, quality, manufacture and make as specified. The certificate shall be signed by an officer of the manufacturer or the manufacturer's plant manager. 2. Certificate of Compliance: At the option of the ENGINEER, submit for approval a notarized Certificate of Compliance. The Certificates may be in the form of a letter stating the following: a. Manufacturer has performed all required tests b, Materials to be supplied meet all test requirements c. Tests were performed not more than one year prior to submittal of the certificate d, Materials and equipment subjected to the tests are of the same quality, manufacture and make as those specified e, Identification of the materials COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 4 of 8 16C3 1.6 COSTS OF INSPECTION A. COUNTY's Obligation: Initial inspection and testing of materials furnished under this Contract will be performed by the County Manager or designee or inspection bureaus without cost to the CONTRACTOR, unless otherwise expressly specified. If subsequent testing is necessary due to failure of the initial tests or because of rejection for noncompliance, reimburse the COUNTY for expenditures incurred in making such tests. 8. CONTRACTOR's Obligation: Include in the Contract Price, the cost of all shop and field tests of equipment and other tests specifically called for in the Contract Documents, except those tests described above under "COUNTY's Obligation". The County Manager or designee may perform tests on any material or equipment furnished under this Contract at any time during the Contract. If tests performed by the County Manager or designee result in failure or rejection for noncompliance, reimburse the COUNTY for expenditures incurred in making such tests. Tests performed by the County Manager or designee shall prevail in determining compliance with Contract requirements. c. Reimbursements to the COUNTY: 1. Materials and equipment submitted by the CONTRACTOR as the equivalent to those specifically named in the Contract may be tested by the COUNTY for compliance. Reimburse the COUNTY for expenditures incurred in making such tests on materials and equipment that are rejected for noncompliance. . 2. Reimburse the COUNTY for all costs associated with Witness Tests that exceed 5 Calendar Days per kind of equipment. 1. 7 ACCEPTANCE TESTS A. Preliminary Field Tests: As soon as conditions permit, furnish all labor and materials and services to perform preliminary field tests of all equipment provided under this Contract. If the preliminary field tests disclose that any equipment furnished and installed under this Contract does not meet the requirements of the Contract Documents, make all changes, adjustments and replacements required prior to the acceptance tests. B. Final Field Tests: Upon completion of the Work and prior to final payment, subject all equipment, piping and appliances installed under this Contract to specified acceptance tests to demonstrate compliance with the Contract Documents. 1, Furnish all labor, fuel, energy, water and other materials, equipment, instruments and services necessary for all acceptance tests. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 5 of 8 of' t; 16C3 2. Conduct field tests in the presence of the ENGINEER. Perform the field tests to demonstrate that under all conditions of operation each equipment item: a. Has not been damaged by transportation or installation b. Has been properly installed c. Has been properly lubricated d. Has no electrical or mechanical defects e. Is in proper alignment f. Has been properly connected g. Is free of overheating of any parts h. Is free of all objectionable vibration i. Is free of overloading of any parts j. Operates as intended 3. Operate work or portions of work for' a minimum of 100 hours or 14 days continuous service, whichever comes first. For those items of equipment that would normally operate on wastewater or sludge, plant effluent may be used if available when authorized by ENGINEER. If water cannot properly exercise equipment, conduct 100-hour test after plant startup. Conduct test on those systems that require load produced by weather (heating or cooling) exercise only when weather will produce proper load. C. Failure of Tests: If the acceptance tests reveal defects in material or equipment, or if the material or equipment in any way fails to comply with the requirements of the Contract Documents, then promptly correct such deficiencies. Failure or refusal to correct the deficiencies, or if the improved materials or equipment, when tested again, fail to meet the guarantees or specified requirements, the County Manager or designee, notwithstanding its partial payment for work and materials or equipment, may reject said materials or equipment and may order the CONTRACTOR to remove the defective work from the site at no addition to the Contract Price, and replace it with material or equipment which meets the Contract Documents. 1.8 FAILURE TO COMPLY WITH CONTRACT A. Unacceptable Materials: If it is ascertained by testing or inspection that the material or equipment does not comply with the Contract, do not deliver said material or equipment, or if delivered remove it promptly from the site or from the Work and replace it with acceptable material without additional cost to the COUNTY. Fulfill all obligations under the terms and conditions of the Contract even though the COUNTY or the County's Manager or designee fail to ascertain noncompliance or notify the CONTRACTOR of noncompliance. PART 2 PRODUCTS Not Used COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01400 QUALITY CONTROL Page 6 of 8 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 16C3 PART 1 GENERAL SECTION INCLUDES 1.1 A. B. C. D. E. F. G. H. I. 1.2 A. B. C. 1.3 A. General Requirements Related Sections T em porary Utilities Temporary Construction Barricades and Enclosures Fences Security Temporary Controls Traffic Regulation RELATED SECTIONS Section 01010 - Summary of Work Section 01570 - Traffic Regulations and Public Safety Section 02575 - Pavement Repair and Restoration GENERAL REQUIREMENTS Plant and Facilities: Furnish, install, maintain and remove all false work, scaffolding, ladders, hoistways, braces, pumping plants, shields, trestles, roadways, sheeting, centering forms, barricades, drains, flumes, and the like, any of which may be needed in the construction of any part of the Work and which are not herein described or specified in detail. Accept responsibility for the safety and efficiency of such works and for any damage that may result from their failure or from their improper construction, maintenance or operation. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 1 of 8 16C3 ,;~ "~', B. First Aid: Maintain a readily accessible, completely equipped first aid kit at each location where work is in progress. C. Safety Responsibility: Accept sole responsibility for safety and security at the site. Indemnify and hold harmless the COUNTY and the County's Manager or designee, including the ENGINEER, for any safety violation, or noncompliance with governing bodies and their regulations, and for accidents, deaths, injuries, or damage at the site during occupancy or partial occupancy of the site by CONTRACTOR's forces while performing any part of the Work. D. Hazard Communication: Furnish two copies of the CONTRACTOR's Hazard Communication Program required under OSHA regulations before beginning on site activities. Furnish two copies of amendments to Hazard Communications Program as they are prepared. 1.4 TEMPORARY UTILITIES A. Water: Provide all necessary and required water without additional cost, unless otherwise specified. If necessary, provide and lay water lines to the place of use; secure all necessary permits; pay for all taps to water mains and hydrants and for all water used at the established rates. B. Light and Power: Provide without additional cost to the COUNTY temporary lighting and power facilities required for the proper construction and inspection of the Work. If, in the ENGINEER's opinion, these facilities are inadequate, do NOT proceed with any portion of the Work affected thereby. Maintain temporary lighting and power until the Work is accepted, C. Heat: Provide temporary heat, whenever required, for work being performed during cold weather to prevent freezing of concrete, water pipes, and other damage to the Work or existing facilities. D. Sanitary Facilities: Provide sufficient sanitary facilities for construction personnel. Prohibit and prevent nuisances on the site of the Work or on adjoining property. Discharge any employee who violates this rule. Abide by all environmental regulations or laws applicable to the Work. 1.5 TEMPORARY CONSTRUCTION A. Bridges: Design and place suitable temporary bridges where necessary for the maintenance of vehicular and pedestrian traffic. Assume responsibility for the sufficiency and safety of all such temporary work or bridges and for any damage that may result from their failure or their improper construction, maintenance, or operation. Indemnify and save harmless the COUNTY and the COUNTY's representatives from all claims, suits or actions, and damages or costs of every description arising by reason of failure to comply with the above provisions. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 2 of 8 ,___"'_"'~~_M""~" .__ 16C3 .. ~ 1.6 BARRICADES, LIGHTS AND ENCLOSURES A. Protection of Workmen and Public: Effect and maintain at all times during the prosecution of the Work, barriers, lights and enclosures necessary for the protection of workmen and the public. Perform all work within the County right- of-way in strict accordance with the COUNTY Maintenance of Traffic Policy and other applicable statutory requirements. B. Provide suitable barricades, lights, signs and watchmen at excavation sites and all other places where the Work causes obstructions to normal traffic or constitutes in any way a hazard to the public. 1.7 FENCES A. Existing Fences: Obtain written permission from property owner(s) prior to relocating or dismantling fences that interfere with construction operations. Reach agreements with the fence owner as to the period the fence may be left relocated or dismantled. Install adequate gates where fencing must be maintained. Keep gates closed and locked at all times when not in use. B. Restoration: Restore all fences to their original or better condition and to their original location on completion of the Work. 1.8 SECURITY A. Preservation of Property: 1. Preserve from damage, all property along the line of the Work, in the vicinity of or in any way affected by the Work, the removal or destruction of which is not called for by the Drawings. Preserve from damage, public utilities, trees, lawn areas, building monuments, fences, pipe and underground structures, and public streets. Note: Normal wear and tear of streets resulting from legitimate use by the CONTRACTOR are not considered as damage. Whenever damages occur to such property, immediately restore to its original condition. Costs for such repairs are incidental to the Contract. 2. In case of failure on the part of the CONTRACTOR to restore property or make good on damage or injury, the County Manager or designee may, upon 24 hours written notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any moneys due or which may become due the CONTRACTOR under this Contract. If removal, repair or replacement of public or private property is made necessary by alteration of grade or alignment authorized by the County Manager or designee and not contemplated by the Contract Documents, the CONTRACTOR will be compensated, in accordance with the General Conditions, provided that COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 3 of 8 16C3~~. such property has not been damaged through fault of the CONTRACTOR or the CONTRACTOR's employees. B. Public Utility Installations and Structures: 1. CONTRACTOR is responsible for field locating all utilities within the area of construction. 2. Public utility installations and structures include all poles, tracks, pipes, wires, conduits, vaults, valves, hydrants, manholes, and other appurtenances and facilities, whether owned or controlled by public bodies or privately owned individuals, firms or corporations, used to serve the public with transportation, gas, electricity, telephone, storm and sanitary sewers, water, or other public or private utility services. Facilities appurtenant to public or private property that may be affected by the Work are deemed included hereunder. 3. The Contract Documents contain data relative to existing public utility installations and structures above and below the ground surface. Existing public utility installations and structures are indicated on the Drawings only to the extent such information was made available to, or found by, the ENGINEER in preparing the Drawings. These data are not guaranteed for completeness or accuracy, and the CONTRACTOR is responsible for making necessary investigations to become fully informed as to the character, condition, and extent of all public utility installations and structures that may be encountered and that may affect the construction operations. 4. Contact utility locating service sufficiently in advance of the start of construction to avoid damage to the utilities and delays to the completion date. 5. If existing utilities are damaged during the Work, immediately notify the owner of the affected utility. In coordination with or as directed by the owner, remove, replace, relocate, repair, rebuild, and secure any public utility installations and structures damaged as a direct or indirect result of the Work under this Contract. Costs for such work are incidental to the Contract. Be responsible and liable for any consequential damages done to or suffered by any public utility installations or structures. Assume and accept responsibility for any injury, damage, or loss that may result from or be consequent to interference with, or interruption or discontinuance of, any public utility service. 6. At all times in the performance of Work, employ proven methods and exercise reasonable care and skill to avoid unnecessary delay, injury, damage, or destruction to public utility installations and structures. Avoid unnecessary interference with, or interruption of, public utility services. Cooperate fully with the owners thereof to that end. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 4 of 8 16C3 f 7. Provide notice to the County Manager or designee of any proposed connections to existing utilities, interruptions of service or shutdowns. Give written notice to the owners of all public utility installations and structures affected by proposed construction operations sufficiently in advance of breaking ground in any area or on any unit of the Work, to obtain their pennission before disrupting the lines and to allow them to take measures necessary to protect their interests. Advise the Transportation Operations Department, Fire and Rescue Services of any excavation in public streets or the temporary shut-off of any water main. Provide at least 48 hours notice to all affected property owners whenever service connections are taken out of service. C. Work on Private Property: Work on this project will require operations on private property, rights of way or easements. The County Manager or designee has secured the appropriate easements or rights of entry from the affected property owners. Comply with all easement or rights of entry provisions. Conduct operations along rights-of-way and easements through private property to avoid damage to the property and to minimize interference with its ordinary use. Upon completion of the Work through such property, restore the surface and all fences or other structures disturbed by the construction as nearly as possible to the preconstruction conditions. Do not remove any material from private property without the consent of the property owner or responsible party in charge of such property. Hold the COUNTY harmless from any claim or damage arising out of or in connection with the perfonnance of work across and through private property. D. Miscellaneous Structures: Assume and accept responsibility for all injuries or damage to culverts, building foundations and walls, retaining walls, or other structures of any kind met with during the prosecution of the Work. Assume and accept liability for damages to public or private property resulting therefrom. Adequately protect against freezing all pipes carrying liquid. E. Protection of Trees and Lawn Areas: 1. Protect with boxes, trees and shrubs, except those ordered to be removed. Do not place excavated material so as to cause injury to such trees or shrubs. Replace trees or shrubs destroyed by accident or negligence of the CONTRACTOR or CONTRACTOR's employees with new stock of similar size and age, at the proper season, at no additional cost to the COUNTY. If required by Contract Documents, provide preconstruction audio-video recording of project in accordance with the Technical Specifications. 2. Leave lawn areas in as good condition as before the start of the Work. Restore areas where sod has been removed by seeding or sodding. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 5 of 8 16C3 1.9 TEMPORARY CONTROLS A. During Construction: 1. Keep the site of the Work and adjacent premises free from construction materials, debris, and rubbish. Remove this material from any portion of the site if such material, debris, or rubbish constitutes a nuisance or is objectionable. 2. Remove from the site all surplus materials and temporary structures when they are no longer needed. 3. Neatly stack construction materials such as concrete forms and scaffolding when not in use. Store pipe to be incorporated into the Work in accordance with AWWA standards. Promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids, and cleaning solutions from surfaces to prevent marring or other damage. 4. Properly store volatile wastes in covered metal containers and remove from the site daily. 5. Do not bury or burn on the site or dispose of into storm drains, sanitary sewers, streams, or waterways, any waste material. Remove all wastes from the site and dispose of in a manner complying with applicable ordinances and laws. B. Smoke Prevention: 1 . Strictly observe all air pollution control regulations. 2. Open fires will be allowed only if permitted under current ordinances. C. Noises: 1. In accordance with the COUNTY's Noise Ordinance, maintain acceptable noise levels in the vicinity of the Work. Limit noise production to acceptable levels by using special mufflers, barriers, enclosures, equipment positioning, and other approved methods. 2. Supply written notification to the County Manager or designee sufficiently in advance of the start of any work that violates this provision. Proceed only when all applicable authorizations and variances have been obtained in writing. D. Hours of Operation: COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 6 of 8 16C3"'. 1. Operation of construction equipment is only permitted Monday through Saturday, 7:00 AM to 7:00 PM. Obtain written consent from the County Manager or designee for operation of construction equipment during any other period. 2. Do not carry out nonemergency work, including equipment moves, on Sundays without prior written authorization by the County Manager or designee. E. Dust Control: 1. Take measures to prevent unnecessary dust. Keep earth surfaces exposed to dusting moist with water or a chemical dust suppressant. Cover materials in piles or while in transit to prevent blowing or spreading dust. 2. Adequately protect buildings or operating facilities that may be affected adversely by dust. Protect machinery, motors, instrument panels, or similar equipment by suitable dust screens. Include proper ventilation with dust screens. F. Temporary Drainage Provisions: 1. Provide for the drainage of stormwater and any water applied or discharged on the site in performance of the Work. Provide adequate drainage facilities to prevent damage to the Work,. the site, and adjacent property. 2. Supplement existing drainage channels and conduits as necessary to carry all increased runoff from construction operations. Construct dikes as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect the COUNTY's facilities and the Work, and to direct water to drainage channels or conduits. Provide ponding as necessary to prevent downstream flooding. 3. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. G. Pollution: Prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. Do not permit sanitary wastes to enter any drain or watercourse other than sanitary sewers. Do not permit sediment, debris, or other substances to enter sanitary sewers. Take reasonable measures to prevent such materials from entering any drain or watercourse. 1.10 TRAFFIC REGULATION A. Parking: Provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 7 of 8 16C3 connection with the Contract, to avoid any need for parking personal vehicles where they may interfere with public traffic or construction activities. B. Access: Conduct Work to interfere as little as possible with public travel, whether vehicular or pedestrian. Provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required when the CONTRACTOR has obtained permission from the owner or tenant of private property, or from the authority having jurisdiction over the public property involved, to obstruct traffic at the designated point. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Page 8 of 8 16C3· SECTION 01570 TRAFFIC REGULATION AND PUBLIC SAFETY PART 1 GENERAL SECTION INCLUDES: 1.1 A. B. C. 1.2 A. 1.3 A. B. General Requirements Traffic Control Public Safety RELATED SECTIONS Section 02575 - Pavement Repair and Restoration GENERAL REQUIREMENTS Apply for and obtain all necessary right-of-way permits prior to beginning work. Perform all work within COUNTY rights-of-way in strict accordance with the County's Maintenance of Traffic Policy and other applicable statutory requirements to protect the public safety. C. Be responsible for providing safe and expeditious movement of traffic through construction zones. A construction zone is defined as the immediate areas of actual construction and all abutting areas which are used by the CONTRACTOR and which interfere with the driving or walking public. D. Remove temporary equipment and facilities when no longer required. Restore grounds to original or specified conditions. 1.4 TRAFFIC CONTROL A. Include as necessary precautions, not to be limited to, such items as proper construction warning signs, signals, lighting devices, marking, barricades, channelization, and hand signaling devices. . Be responsible for installation and maintenance of all devices and requirements for the duration of the Construction period. B. Provide notice, at least five (5) working days prior to construction, to the State or County Department of Transportation of the necessity to close any portion of a roadway carrying vehicles or pedestrians so that the final approval of such closings can be obtained at least 48 hours in advance. At no time will more than COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 1 of 4 16C3'" one (1) lane of roadway be closed to vehicles and pedestrians. With any such closings make adequate provision for the safe expeditious movement of each. C. Be responsible for notifying Transportation Operations Department, Police, Fire, and other Emergency Departments whenever construction is within roadways and of the alternate routes. D. Be responsible for removal, relocation, or replacement of any traffic control device in the construction area that exists as part of the normal pre-construction traffic control scheme. E. Immediately notify the County Manager or designee of any vehicular or pedestrian safety or efficiency problems incurred as a result of the construction of the project. F. Be responsible for notifying all residents of any road construction and limited access at least 72 hours in advance. 1.5 PUBLIC SAFETY (DURING CONSTRUCTION, ALTERATION OR REPAIR) A. In areas of high vehicular traffic, provide a safe walkway around the work area. B. Use barricades or other barriers to prevent any possibility of injury to the public caused by the CONTRACTOR's work. C. Keep walk areas around the work areas clean of sand, stones, and any other material that could cause a pedestrian accident. D. Barricade work areas left overnight. Install flashing warning lights in areas required by the COUNTY, E. Unless an approved detour is provided at any open cut crossings, a minimum of one-way traffic will be maintained during the daylight hours and two-way traffic at night. All traffic detours will be restricted to limits of the Right-of-Way with necessary flagmen and/or marking devices. These detours shall be approved by the COUNTY, Detour of traffic outside of the Right-of-Way will be considered with the approval of local governmental agencies and private concerns involved. F. Crossing and Intersections: Do not isolate residences and places of business. Provide access to all residences and places of business whenever construction interferes with existing means of access. Maintain access at all times. If pavement is disturbed, a cold mix must be applied at the end of the day. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 2 of 4 16C3'_ G. Detou rs 1. ConstruCt and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. The location of all detours will require prior approval of the COUNTY. 2. Furnishing of Devices and Barriers: Furnish all traffic control devices (including signs), warning devices and barriers. Costs of such devices shall be incidental to construction and included in unit prices bid. 3. Maintenance of Devices and Barriers: Keep traffic control devices, warning devices and barriers in the correct position, properly directed, clearly visible and clean, at all times. Immediately repair replace or clean damaged, defaced or dirty devices or barriers as necessary. H. Flagmen: Provide certified flagmen (flaggers) to direct traffic where one-way operation in a single lane is in effect, and in other situations as may be required. Radios may be required if flagmen cannot maintain contact with each other. I. Utilize all necessary signs, flagmen, and other safety devices during construction. J. Perform all work with the requirements set forth by the Occupational Safety Health Administration. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION NOT USED. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 3 of 4 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 NO TEXT FOR THIS PAGE Section 01570 TRAFFIC REGULATION AND PUBLIC SAFETY Page 4 of 4 16C3 .., :a¡ SECTION 01600 MATERIAL AND EQUIPMENT PART 1 GENERAL 1.1 SECTION INCLUDES A. Description B. Substitutions C. Manufacturer's Written Instructions D. Transportation and Handling E. Storage, Protection and Maintenance F. Manufacturer's Field Quality Control Services G. Post Startup Services H. Special Tools and Lubricating Equipment I. Lubrication 1.2 DESCRIPTION A. Proposed Manufacturers List: Within 15 calendar days of the date of the Notice to Proceed, submit to the ENGINEER a list of the names of proposed manufacturers, material men, suppliers and subcontractors, obtain approval of this list by the County Manager or designee prior to submission of any working drawings. Upon request submit evidence to ENGINEER that each proposed. manufacturer has manufactured a similar product to the one specified and that it has previously been used for a like purpose for a sufficient length of time to demonstrate its satisfactory performance. B. All material and equipment designed or used in connection with a potable (drinking) water system shall conform to the requirements of the National Sanitation Foundation (NSF) Standard 61, "Drinking Water System Components - Health Effects." C. Furnish and install Material and Equipment which meets the following: 1. Conforms to applicable specifications and standards. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 1 of 8 --, .. ~ . .' --",~-<--_.."",-,. 16C3 2. Complies with size, make, type, and quality specified or as specifically approved, in writing, by ENGINEER. 3. Will fit into the space provided with sufficient room for operation and maintenance access and for properly connecting piping, ducts and services, as applicable. Make the clear spaces that will be available for operation and maintenance access and connections equal to or greater than those shown and meeting all the manufacturers' requirements. If adequate space is not available, the CONTRACTOR shall advise the ENGINEERfor resolution. 4. Manufactured and fabricated in accordance with the following: a. Design, fabricate, and assemble in accordance with best engineering and shop practices. b. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable. c. Provide two or more items of same kind identical, by same manufacturer. d. Provide materials and equipment suitable for service conditions. e. Adhere to equipment capabilities, sizes, and dimensions shown or specified unless variations are specifically approved, in writing, in accordance with the Contract Documents. f. Adapt equipment to best economy in power consumption and maintenance. Proportion parts and components for stresses that may occur during continuous or intermittent operation, and for any additional stresses that may occur during fabrication or installation. g. Working parts are readily accessible for inspection and repair, easily duplicated and replaced. 5. Use material or equipment only for the purpose for which it is designed or specified. 1.3 SUBSTITUTIONS A. Substitutions: 1 . Make any CONTRACTOR's requests for changes in equipment and materials from those required by the Contract Documents in writing, for approval by the COUNTY. Such requests are considered requests for substitutions and are subject to CONTRACTOR's representations and COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 2 of 8 16C3 review provIsions of the Contract Documents when one of following conditions are satisfied: a. Where request is directly related to an "or equal" clause or other language of same effect in Specifications. b. Where required equipment or material cannot be provided within Contract Time, but not as result of CONTRACTOR's failure to pursue Work promptly or to coordinate various activities properly. c. Where required equipment or material cannot be provided in manner compatible with· other materials of Work, or cannot be properly coordinated therewith. 2. CONTRACTOR'S Options: a. Where more than one choice is available as options for CONTRACTOR's selection of equipment or material, select option compatible with other equipment and materials already selected (which may have been from among options for other equipment and materials ). b. Where compliance with specified standard, code or regulation is required, select from among products that comply with requirements of those standards, codes, and regulations. c. "Or Equal": For equipment or materials specified by naming one or more equipment manufacturer and "or equal", submit request for substitution for any equipment or manufacturer not specifically named. B. Conditions Which are Not Substitution: 1. Requirements for substitutions do not apply to CONTRACTOR options on materials and equipment provided for in the Specifications. 2. Revisions to Contract Documents, where requested by the County Manager or designee or ENGINEER, are "changes" not "substitutions". 3. CONTRACTOR's determination of and compliance with governing regulations and orders issued by governing authorities do not constitute substitutions and do not constitute basis for a Change Order, except as provided for in Contract Documents. 1.4 MANUFACTURER'S WRITTEN INSTRUCTIONS A. Instruction Distribution: When the Contract Documents require that installation, storage, maintenance and handling of equipment and materials comply with COLLIER COUNTY TECHNICAL SPECIFICA TrONS Section 01600 MATERIAL AND EQUIPMENT Page 3 of 8 16 C3". manufacturer's written instruction's, obtain and distribute printed copies of such instructions to parties involved in installation, including six copies to ENGINEER. 1. Maintain one set of complete instructions at jobsite during storage and installation, and until completion of work. B. Manufacturer's Requirements: Store, maintain, handle, install, connect, clean, condition, and adjust products in accordance with manufacturer's written instructions and in conformity with Specifications. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult ENGINEER for further instructions. 2. Do not proceed with work without written instructions. c. Performance Procedures: Perform work in accordance with manufacturer's written instructions. Do not omit preparatory steps or installation procedures, unless specifically modified or exempted by Contract Documents. 1.5 TRANSPORTATION AND HANDLING A. Coordination with Schedule: Arrange deliveries of materials and equipment in accordance with Construction Progress Schedules. Coordinate to avoid conflict with work and conditions at site. 1. Deliver materials and equipment in undamaged condition, in manufacturer's original containers or packaging; with identifying labels intact and legible. 2. Protect bright machined surfaces, such as shafts and valve faces, with a heavy coat of grease prior to shipment. 3. Immediately upon delivery, inspect shipments to determine compliance with requirements of Contract Documents and approved submittals and that material and equipment are protected and undamaged. B. Handling: Provide equipment and personnel to handle material and equipment by methods recommended by manufacturer to prevent soiling or damage to materials and equipment or packaging. 1.6 STORAGE, PROTECTION, AND MAINTENANCE A. On-site storage areas and buildings: 1. Conform storage buildings to requirements of Section 01500. 2, Coordinate location of storage areas with ENGINEER and the COUNTY. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 4 of 8 16C3 ". 3. Arrange on site storage areas for proper protection and segregation of stored materials and equipment with proper drainage. Provide for safe travel around storage areas and safe access to stored materials and equipment. 4. Store loose granular materials in a well-drained area on solid surfaces to prevent mixing with foreign matter. 5. Store materials such as pipe, reinforcing and structural steel, and equipment on pallets, blocks or racks, off ground. 6. PVC Pipe may be damaged by prolonged exposure to direct sunlight, take necessary precautions during storage and installation to avoid this damage. Store pipe under cover, and install with sufficient backfill to shield it from the sun. 7. Store fabricated materials and equipment above ground, on blocking or skids, to prevent soiling or staining. Cover materials and equipment that are subject to deterioration with impervious sheet coverings; provide adequate ventilation to avoid condensation. B. Interior Storage: 1. Store materials and equipment in accordance with manufacturer's instructions, with seals and labels intact and legible. 2. Store materials and equipment, subject to damage by elements, in weathertight enclosures. 3. Maintain temperature and humidity within ranges required by manufacturer's instructions. c. Accessible Storage: Arrange storage in a manner to provide easy access for inspection and inventory. Make periodic inspections of stored materials or equipment to assure that materials or equipment are maintained under specified conditions and free from damage or deterioration. 1. Perform maintenance on stored materials of equipment in accordance with manufacturer's instructions, in presence of the County Manager or designee or ENGINEER. 2. Submit a report of completed maintenance to ENGINEER with each Application for Payment. 3. Failure to perform maintenance, to notify ENGINEER of intent to perfonn maintenance or to submit maintenance report may result in rejection of material or equipment. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 5 of 8 16 C·3 1..'.&. :~ '. D. COUNTY's Responsibility: The COUNTY assumes no responsibility for materials or equipment stored in buildings or on-site. CONTRACTOR assumes full responsibility for damage due to storage of materials or equipment. E. CONTRACTOR's Responsibility: For COUNTY Capital Improvement Projects, the CONTRACTOR assumes full responsibility for protection of completed construction until facilities (or portions of facilities) are accepted for operation and placed in service. Repair and restore damage to completed Work equal to its original condition. F. Special Equipment: Use only rubber tired wheelbarrows, buggies, trucks, or dollies to wheel loads over finished floors, regardless if the floor has been protected or not. This applies to finished floors and to exposed concrete floors as well as those covered with composition tile or other applied surfacing. G, Surface Damage: Where structural concrete is also the finished surface, take care to avoid marking or damaging surface. 1.7 MANUFACTURER'S FIELD QUALITY CONTROL SERVICES A. Field Test Participation: Provide competent and experienced technical representatives of equipment manufacturers and system suppliers as necessary to participate in field testing of the equipment as specified in Section 01400. B. Verify that all equipment is installed in accordance with the manufacturer's recommendations, approved shop drawings and the Contract Documents. C. Verify that nothing in the installation voids any warranty. 1.8 SPECIAL TOOLS AND LUBRICATING EQUIPMENT A. General: Furnish, per manufacturer's recommendations, special tools required for checking, testing, parts replacement, and maintenance. (Special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics.) B. Time of Delivery: Deliver special tools and lubricating equipment to the COUNTY when unit is placed into operation and after operating personnel have been properly instructed in operation, repair, and maintenance of equipment. C. Quality: Provide tools and lubricating equipment of a quality meeting equipment manufacturer's requirements. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 6 of 8 16C3 '~~ 1.9 LUBRICATION A. General: Where lubrication is required for proper operation of equipment, incorporate in the eql,Jipment the necessary and proper provisions in accordance with manufacturer's requirements. Where possible, make lubrication automated and positive. 8. Oil Reservoirs: Where oil is used, supply reservoir of sufficiènt capacity to lubricate unit for a 24-hour period. 1.10 WARRANTY A. Provide copies of any warranties of materials or equipment to the County Manager or designee with documentation showing compliance with warranty requirements. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01600 MATERIAL AND EQUIPMENT Page 7 of 8 'T .. --... ... COLLIER COUNTY TECHNICAL SPECIFICATIONS NO TEXT FOR THIS PAGE 16C34 Section 01600 MATERIAL AND EQUIPMENT Page 8 of 8 . ~...' ._, ~ , 16C3 ~ SECTION 01710 CLEANING PART 1 GENERAL 1.1 SECTION INCLUDES: A. General Requirements B. Disposal Requirements 1.2 GENERAL REQUIREMENTS A. Execute cleaning during progress of the work and at completion of the work. 1.3 DISPOSAL REQUIREMENTS Ä. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 DURING CONSTRUCTION A. Execute daily cleaning to keep the work, the site, and adjacent properties free from accumulations of waste materials, rubbish, and windblown debris, resulting from construction operations. B. Remove waste materials, debris and rubbish from the site periodically and dispose of at legal disposal areas away from the site. 3,2 FINAL CLEANING A. Requirements: At the completion of work and immediately prior to final inspection, clean the entire project as follows: 1. Thoroughly clean, sweep, wash, and polish all work and equipment provided under the Contract, including finishes. Leave the structures and site in a complete and finished condition to the satisfaction of the ENGINEER. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01710 CLEANING Page 1 of 2 16C3~~ 2. Direct all subcontractors to similarly perform, at the same time, an equivalent thorough cleaning of all work and equipment provided under their contracts. 3. Remove all temporary structures and all debris, including dirt, sand, gravel, rubbish and waste material. 4. Should the CONTRACTOR not remove rubbish or debris or not clean the buildings and site as specified above, the OWNER reserves the right to have the cleaning done at the expense of the CONTRACTOR. B. Employ experienced workers, or professional cleaners, for final cleaning. C. Use only cleaning materials recommended by manufacturer of surface to be cleaned. D. In preparation for substantial completion or occupancy, conduct final inspection of sight-exposed interior and exterior surfaces, and of concealed spaces. E. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight-exposed interior and exterior finished surfaces. Polish surfaces so designated to shine finish. F. Repair, patch, and touch up marred surfaces to specified finish, to match adjacent surfaces. G. Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw materials from heights. H. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. I. Remove erection plant, tools, temporary structures and other materials. J. Remove and dispose of all water, dirt, rubbish or any other foreign substances. 3.3 FINAL INSPECTION A. After cleaning is complete the final inspection may be scheduled. The inspection will be done with the OWNER and ENGINEER. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01710 CLEANING Page 2 of 2 16C3 SECTION 01730 OPERATION AND MAINTENANCE MANUALS PART1 GENERAL SECTION INCLUDES 1.1 A. B. C. 1.2 A. Description Quality Assurance Format and Contents DESCRIPTION Scope: Furnish to the ENGINEER four (4) printed copies and one (1) electronic copy of an Operation and Maintenance Manual for all equipment furnished and installed. 1.3 QUALITY ASSURANCE A. Reference Codes and Specifications: No current government or commercial specifications or documents apply. 1.4 FORMAT AND CONTENTS A, Prepare and arrange each copy of the manual as follows: 1. One copy of an equipment data summary (see sample form) for each item of equipment. 2. One copy of an equipment preventive maintenance data summary (see sample form) for each item of equipment. 3. One copy of the manufacturer's maintenance instructions. Maintenance instructions include equipment installation, calibration and adjustment, preventive and repair maintenance, lubrication, troubleshooting, parts list and recommended spare parts. Include Manufacturer's telephone numbers for Technical Support. 4. Furnish all O&M Manual material on 8-1/2 by 11 commercially printed or typed forms or an acceptable alternative format. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 1 of 4 16C31'I B. Organize each manual into sections paralleling the equipment specifications. Identify each section using heavy section dividers with reinforced holes and numbered plastic index tabs. Use 3-ring, hard-back binders. Punch all loose data for binding. Arrange composition and printing so that punching does not obliterate any data. Print on the cover and binding edge of each manual the project title, and manual title, as furnished, and approved by the ENGINEER. C. Leave all operating and maintenance material that comes bound by the equipment manufacturer in its original bound state. Cross-reference the appropriate sections of the CONTRACTOR's O&M manual to the manufacturers' bound manuals. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 2 of 4 16C3 Collier County Utilities Equipment Data Summary Equipment Name: Specification Reference: Manufacturer: I Name: Address: Telephone: Number Supplied: Location/Service: I Model No: Serial No: Type: Size/Speed/Capacitv/Ranqe (as applicable): Power Requirement (PhaseNolts/Hertz): Local Representative: Name: Address: Telephone: NOTES: COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 3 of 4 16C3 Collier County Utilities Preventive Maintenance Summary Equipment Name: I Location: Man ufacturer: I Name: Address: Telephone: Model No: Serial No: Maintenance O&M Manual Task Lubricant/Part DWMQSAA Reference NOTES: *D-Daily W-Weekly M-Monthly Q-Quarterly SA-Semi-Annual A-Annual COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 01730 OPERATION AND MAINTENANCE MANUALS Page 4 of 4 16C3 . SECTION 02050 DEMOLITION PART 1 GENERAL 1.1 SUMMARY A. Section Includes: All work necessary for the removal and disposal of structures, foundations, piping, equipment and· roadways, or any part thereof including masonry. steel, reinforced concrete, plain concrete, electrical facilities, and any other material or equipment shown or specified to be removed. B. Basic Procedures and Schedule: Carry out demolition so that adjacent structures, which are to remain, are not endangered. Schedule the work so as not to interfere with the day-to-day operation of the existing facilities. Do not block doorways or passageways in existing facilities. C. Additional Requirements: Provide dust control and make provisions for safety. 1.2 SUBMITTALS A. Provide all submittals, including the following, as specified in Division 1. B. Site Inspection: Visit the site and inspect all existing structures. Observe and record any defects that may exist in buildings or structures adjacent to but not directly affected by the demolition work. Provide the County Manager or designee with a copy of this inspection record and obtain the ENGINEER's and the County's Manager or designee approval prior to commencing the demolition. 1.3 QUALITY ASSURANCE A. Limits: Exercise care to break concrete well for removal in reasonably small masses. Where only parts of a structure are to be removed. cut the concrete along limiting lines with a suitable saw so that damage to the remaining structure is held to a minimum. PART 2 PRODUCTS Not Used COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02050 DEMOLITION Page 1 of 4 16C3 PART 3 EXECUTION 3.1 EXAMINATION OF EXISTING DRAWINGS A. Available drawings of existing structures and equipment will be available for inspection at the office of the ENGINEER. 3.2 PROTECTION A. General Safety: Provide warning signs, protective barriers, and warning lights as necessary adjacent to the work as approved or required. Maintain these items during the demolition period. . B. Existing Services: Undertake no demolition work until all mechanical and electrical services affected by the work have been properly disconnected. Cap, reroute or reconnect interconnecting piping or electrical services that are to remain in service either permanently or temporarily in a manner that will not interfere with the operation of the remaining facilities. C. Hazards: Perform testing and air purging where the presence of hazardous chemicals, gases, flammable materials or other dangerous substances is apparent or suspected, and eliminate the hazard before demolition is started. 3.3 DEMOLITION REQUIREMENTS A. Explosives: The use of explosives will not be permitted. B. Protection: Carefully protect all mechanical and electrical equipment against dust and debris. C. Removal: Remove all debris from the structures during demolition and do not allow debris to accumulate in piles. D. Access: Provide safe access to and egress from all working areas at all times with adequate protection from falling material. E. Protection: Provide adequate scaffolding, shoring, bracing railings, toe boards and protective covering during demolition to protect personnel and equipment against injury or damage. Cover floor openings not used for material drops with material substantial enough to support any loads placed on it. Properly secure the covers to prevent accidental movement. F. Lighting: Provide adequate lighting at all times during demolition. G. Closed Areas: Close areas below demolition work to anyone while removal is in progress. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02050 DEMOLITION Page 2 of 4 16C3 . H. Material Drops: Do not drop any material to any point lying outside the exterior walls of the structure unless the area is effectively protected. I. Chemicals: All chemicals used during project construction or furnished for project operation, . whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions or government regulations as applicable. 3.4 DISPOSAL OF MATERIALS A. Final Removal: Remove all debris, rubbish, $crap pieces, equipment, and materials resulting from the demolition. Take title to all demolished materials and remove such items from the site. ~ END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02050 DEMOLITION Page 3 of 4 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 NO TEXT FOR THIS PAGE Section 02050 DEMOL mON Page 4 of 4 16C3 I 'JIÌ~ SECTION 02222 EXCAVATION - EARTH AND ROCK PART 1 GENERAL 1.1 SUMMARY A. Section Includes: Requirements for performing opencut excavations to the widths and depths necessary for constructing structures and pipelines, including excavation of any material necessary for any purpose pertinent to the construction of the Work. .8. Related Work Specified In Other Sections Includes: 1. Section 02223 -Backfilling 2. Section 03310 - Concrete, Masonry, Mortar and Grout 1.2 DEFINITIONS A. Earth: "Earth" includes all materials which, in the opinion of the ENGINEER, do not require blasting, barring, wedging or special impact tools for their removal from their original beds, and removal of which can be completed using standard excavating equipment. Specifically excluded are all ledge and bedrock and boulders or pieces of masonry larger than one cubic yard in volume. B. Rock: "Rock" includes all materials which, in the opinion of the ENGINEER, require blasting, barring, wedging and/or special impact tools such as jack hammers, sledges, chisels, or similar devices specifically designed for use in cutting or breaking rock for removal from their original beds and which have compressive strengths in their natural undisturbed state in excess of 300 psi. Boulders or masonry larger than one cubic yard in volume are classed as rock excavation. 1.3 SUBMITTALS A. General: Provide all submittals, including the following, as specified in Division 1. B. Engage the services of a Professional Engineer who is registered in the State of Florida to design all cofferdam and sheeting and bracing systems which the CONTRACTOR feels necessary for the execution of his work. Submit to the ENGINEER a signed statement that he has been employed by the CONTRACTOR to design all sheeting and bracing systems. After the systems have been installed, furnish to the ENGINEER an additional signed statement that COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02222 EXCAVATION - EARTH AND ROCK Page 1 of 6 16C3 ," the cofferdams and sheeting and bracing systems have been installed in accordance with his design. c. If a detour is required, submit a traffic control plan for approval to County Manager or designee and/or the Florida Department of Transportation as described in Section 01570. 1.4 SITE CONDITIONS A.. Geotechnical Investigation: A geotechnical investigation may have been prepared by the COUNTY and ENGINEER in preparing the Contract Documents. 1. The geotechnical investigation report may be examined for what ever value it may be considered to be worth. However, this information is not guaranteed as to its accuracy or completeness. 2. The geotechnical investigation report is not part of the Contract Documents. B. Actual Conditions: Make any geotechnical investigations deemed necessary to determine actual site conditions. C. Underground Utilities: Locate and identify all existing underground utilities prior to the commencement of Work. D. Quality and Quantity: Make any other investigations and determinations necessary to determine the quality and quantities of earth and rock and the methods to be used to excavate these materials. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.1 GENERAL A. Clearing: Clear opencut excavation sites of obstructions preparatory to excavation B. Safety: Whenever an excavation site or trench is left unattended by the CONTRACTOR or when an area is not within 100 feet of ob¡servation by the CONTRACTOR, the excavation site or trench shall be filled and/or, at the County's Manager or designee discretion, protected by other means to prevent accidental or unauthorized entry. Include barricades and other protection devices requested by the ENGINEER or County Manager or designee, including temporary fencing, snow fencing, or temporary "structure" tape. Such safety items COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02222 EXCAVATION - EARTH AND ROCK Page 2 of 6 · ' 16C3 shall not relieve the CONTRACTOR of any site safety requirements or liabilities established by Federal, State and local laws and agencies, including OSHA, but is intended as additional safety measures to protect the general public. C. Hazardous Materials: If encountered, take care of hazardous, materials not specifically shown or noted. D. During excavation and any site work, take storm water pollution prevention measures to ensure that water quality criteria are not violated in the receiving water body and all state and local regulatory requirements are met. 3.2 STRUCTURE EXCAVATION A. Excavation Size: Provide excavations of sufficient size and only of sufficient size to permit the Work to be economically and properly constructed in the manner and of the size specified. B. Excavation Shape: Shape and dimension the bottom of the excavation in earth or rock to the shape and dimensions of the underside of the structure or drainage blanket wherever the nature of the excavated material permits. C. Compaction: Before placing foundation slabs, footings or backfill, proof roll the bottom of the excavations to detect soft spots. 1. For accessible areas, proof roll with a ten wheel tandem axle dump truck loaded to at least 15 tons or similarly loaded construction equipment. 2. For small areas, proof roll with a smooth-faced steel roller filled with water or sand, or compact with a mechanical tamper. 3. Make one complete coverage, with overlap, of the area. Overexcavate soft zones and replace with compacted select fill. 3.3 FINISHED EXCAVATION A. Finish: Provide a reasonably smooth finished surface for all excavations, which is uniformly compacted and free from irregular surface changes. B. Finish Methods: Provide a degree of finish that is ordinarily obtainable from blade- grade operations and in accordance with Section 02223. 3.4 PROTECTION A. Traffic and Erosion: Protect newly graded areas from traffic and from erosion. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02222 EXCAVATION - EARTH AND ROCK Page 3 of 6 ,16 C 3 '~ B. Repair: Repair any settlement or washing away that may occur from any cause, prior to acceptance. Re-establish grades to the required elevations and slopes. c. It shall be the CONTRACTOR's responsibility to acquaint himself with all existing conditions and to locate all structures and utilities along the proposed utility alignment in order to avoid conflicts. Where actual conflicts are unavoidable, coordinate work with the facility owner and perform work so as to cause as little interference as possible with the service rendered by the facility disturbed in accordance with Section 1045. Repair and/or replace facilities or structures damaged in the prosecution of the work immediately, in conformance with current standard practices of the industry, or according to the direction of the owner of such facility, at the CONTRACTOR's expense. D. Other Requirements: Conduct all Work in accordance with the environmental protection requirements specified in Division 1. 3.5 AUTHORIZED ADDITIONAL EXCAVATION A. Additional Excavation: Carry the excavation to such additional depth and width as authorized in writing, for the following reasons: 1. In case the materials encountered at the elevations shown are not suitable. 2. In case it is found desirable or necessary to go to an additional depth, or to an additional depth and width. B. Refill Materials: Refill such excavated space with either authorized 2500 psi concrete or compacted select fill material, in compliance with the applicable provisions of Section 02223. C. Compaction: Compact fill materials to avoid future settlement. As a minimum, backfill layers shall not exceed 6-inches in thickness for the full trench width and compaction shall equal 95% of maximum density, or 98% if under paved area of roadway, as determined by using ASTM D 1557. Perform compaction density tests at all such backfill areas with spacing not to exceed 100 feet apart and on each 6-inch compacted layer. D. Payment: Additional earth excavations so authorized and concrete or select fill materials authorized for filling such additional excavation and compaction of select fill materials will be paid for under the appropriate Contract Items or where no such items exist, as a change in the Work. 3.6 UNAUTHORIZED EXCAVATION A. Stability: Refill any excavation carried beyond or below the lines and grades shown, except as specified in the subsection headed "Authorized Additional Excavation", with such material and in such manner as may be approved in order to provide for the stability of the various structures. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02222 EXCAVATION - EARTH AND ROCK Page 4 of 6 ." 16C3 B. Refill Materials: Refill spaces beneath all manholes, structures, pipelines,. or conduits excavated without authority with 2500 psi concrete or compacted select fill material, as approved. C. Payment: Refill for unauthorized excavation will not be measured and no payment will be made therefor, 3.7 SEGREGATION STORAGE AND DISPOSAL OF MATERIAL A. Stockpiling Suitable Materials: Stockpile topsoil suitable for final grading and landscaping and excavated material suitable for backfilling or embankments ,- separately on the site in approved locations. B. Stockpile Locations: Store excavated and other material a sufficient distance away from the edge of any excavation to prevent its falling or sliding back into the excavation and to prevent collapse of the wall of the excavation. Provide not less than 2 feet clear space between the top of any stockpile and other material and the edge of any excavation. C. Excess Materials: Be responsible for transport and disposal of surplus excavated material and excavated material urisuitable for backfilling or embankments at an off site disposal location secured by the CONTRACTOR. 3.8 REMOVAL OF WATER A. Water Removal: At all times during the excavation period and until completion and acceptance of the WORK at final inspection, provide ample means and equipment with which to remove promptly and dispose of properly all water entering any excavation or other parts of the WORK. B. Water Contact: Allow no water to rise over or come in contact with masonry and concrete until the concrete and mortar have attained a set and, in any event, not sooner than 12 hours after placing the masonry or concrete. C. Discharge of Water: Dispose of water pumped or drained from the Work in a safe and suitable manner without damage to adjacent property or streets or to other work under construction. D. Protection: Provide adequate protection for water discharged onto streets. Protect the street surface at the point of discharge. E. Sanitary Sewers: Discharge no water into sanitary sewers. F. Storm Sewers: Discharge no water containing settleable solids into storm sewers. G. Repair: Promptly repair any and all damage caused by dewatering the Work. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02222 EXCAVATION - EARTH AND ROCK Page 5 of 6 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 NO TEXT FOR THIS PAGE Section 02222 EXCAVATION - EARTH AND ROCK Page 6 of 6 SECTION 02223 BACKFILLING 16C3 PART 1 GENERAL 1.1 SUMMARY A. General Requirements: Backfill all excavation to the original surface of the ground or to such other grades as may be shown or required. For areas to be covered by topsoil, leave or stop backfill (12) inches below the finished grade. Obtain approval for the time elapsing before backfilling against masonry structures. Remove from all backfill, any compressible, putrescible, or destructible rubbish and refuse and all lumber and braces from the excavated space before backfilling is started. Leave sheeting and bracing in place or remove as the work progresses. B. Equipment Limitations: Do not permit construction equipment used to backfill to travel against and over cast-in-place concrete structures until the specified concrete strength has been obtained, as verified by concrete test cylinders. In special cases where conditions warrant, the above restriction may be modified providing the concrete has gained sufficient strength, as determined from test cylinders, to satisfy design requirements for the removal of forms and the application of load. C. Related Work Specified In Other Sections Includes: 1. Section 02222 - Excavation - Earth and Rock 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. ASTM D 1557 - Standard Test Methods for Moisture-Density Relations of Soil and Soil-Aggregate Mixtures Using 10 Ib Rammer and 18 in Drop PART 2 PRODUCTS 2.1 BACKFILL MATERIAL - GENERAL A. General: Refer to Utilities Standards and Procedures Ordinance Section 9.1.2 for laying and backfilling requirements. Backfill with sound materials, free from waste, organic matter, rubbish, boggy or other unsuitable materials. Acceptable backfill shall not contain rocks or stones larger than 2 inches in size. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02223 BACKFILLING Page 1 of 6 16 C3 - t- B. General Materials Requirements: Conform materials used for backfilling to the requirements specified. Follow common fill requirements whenever drainage or select fill is not specified. Determine and obtain the approval of the appropriate test method where more than one compaction test method is specified. . C. Classification of Approved Embedment Materials: Embedment materials listed here include a number of processed materials plus the soil types defined according to the Unified Soil Classification System (USCS) in ASTM 02487. These materials are grouped into 5 broad categories according to their suitability for this application. 1. Class I: Angular, 0.25 inch to 1.5 inch (6 to 40 mm) graded stone, including a number of fill materials that have regional significance such as coral, slag, cinders, crushed shells and crushed stone. (Note: The size range and resulting high void ratio of Class I material makes it suitable for use to dewater trenches during pipe installation. This permeable characteristic dictates that its use be limited to locations where pipe support will not be lost by migration of fine grained natural material from the trench walls and bottom or migration of other embedment materials into the Class I material. When such migration is possible, the material's minimum size range should be reduced to finer than 0.25 inch (6 mm) and the gradation properly designed to limit the size of the voids. An alternative to modifying the gradation is to use a geotextile fabric as a barrier to migration to fines.) 2. Class II: Coarse sands and gravels with maximum particle size of 1.5 inches (40 mm), including variously graded sands and gravels containing small percentages of fines, generally granular and non-cohesive, either wet or dry, Soil Types GW, GP, SW and SP are included in this class. (Note: Sands and gravels, which are clean or borderline between clean and with fines, should be included. Coarse-grained soils with less than 12 percent, but more than 5 percent fines are neglected in ASTM 02487 and the USCS, but should be included. The gradation of Class II material influences its density and pipe support strength when loosely placed. The gradation of Class II material may be critical to the pipe support and stability of the foundation and embedment, if the material is imported and is not native to the trench excavation. A gradation other than well graded, such as uniformly graded or gap graded, may permit loss of support by migration into void spaces of a finer grained natural material from the trench wall and bottom. An alternative to modifying the gradation is to use a geotextile fabric as a barrier to migration of fines.) 3. Class III: Fine sand and clayey (clay filled) gravels, including fine sands, sand-clay mixtures and gravel-clay mixtures. Soil Types GM, GC, SM and SC are included in this class. 4. Class IV: Silt, silty clays and clays, including inorganic clays and silts of medium to high plasticity and liquid limits. Soil Types MH, ML, CH and CL are included in this class, (Note: Use caution in the design and selection of COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02223 BACKFILLING Page 2 of 6 16C3 the degree and method of compaction for Class IV soils because· of the difficulty in properly controlling the moisture content under field conditions. Some Class IV soils with medium to high plasticity and with liquid limits greater than 50 percent (CH, MH, CH-MH) exhibit reduced strength when wet and should only be used for bedding, haunching and initial backfill in arid locations where the pipe embedment will not be saturated by groundwater, rainfall or exfiltration from the pipe. Class IV soils with low to medium plasticity and with liquid limits lower than 50 percent (CL, ML, CL-ML) also require careful consideration in design and installation to control moisture content, but need not be restricted in use to arid locations.) 5. Class V: This class includes the organic soils OL, OH and PT as well as soils containing frozen earth, debris, rocks larger than 1.5 inches (40 mm) in diameter and other foreign materials. Do not use these materials for bedding, haunching or backfill. 2.2 SELECT FILL A. Materials for Select Fill: Use clean gravel, crushed stone, washed shell, or other granular or similar material as approved which can be readily and thoroughly compacted to 95 percent of the maximum dry density obtainable by ASTM D 1557. 1. Allowed Materials: Grade select fill between the following limits: U.S. Standard Percent Passing Sieve By Weight 2 inch 100 1-1/2 inch 90-100 1 inch 75-95 1/2 inch 45-70 #4 25-50 #10 15-40 #200 5-15 2. Unallowed Materials: Very fine sand, uniformly graded sands and gravels, sand and silt, soft earth. or other materials that have a tendency to flow under pressure when wet are unacceptable as select fill. 2,3 COMMON FILL A. Materials for Common Fill: Material from on-site excavation may be used as common fill provided that it can be readily compacted to 90 percent of the maximum dry density obtainable by ASTM D 1557, and does not contain COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02223 BACKFILLING Page 3 of 6 16C3 unsuitable material. Select fill may be used as common fill at no change in the Contract Price. B. Granular Materials On-Site: Granular on-site material, which is fairly well graded between the following limits may be used as granular common fill: U.S. Standard Sieve 2 inch #10 #60 #200 Percent Passing by Weight 100 50-1 00 20-90 0-20 C. Cohesive Materials On-Site: Cohesive site material may be used as common fill. 1. The gradation requirements do not apply to cohesive common fill. 2. Use material having a liquid limit less than or equal to 40 and a plasticity index less than or equal to 20. D. Material Approval: All material used as common fill is subject to approval. If there is insufficient on-site material, import whatever additional off-site material is required which conforms to the specifications and at no additional cost. PART 3 EXECUTION 3.1 PRECAST MANHOLE BEDDING A. Bedding Compaction: Bed all precast manholes in well graded, compacted 12- inch layer of crushed stone. Compact bedding thickness no less than 6 inches for precast concrete manhole bases. B. Concrete Work Mats: Cast cast-in-place manhole bases and other foundations for structures against a 2500 psi concrete work mat in clean and dry excavations. C. Bedding Placement: Place select fill used for bedding beneath precast manhole bases, in uniform layers not greater than 9 inches in loose thickness. Thoroughly compact in place with suitable mechanical or pneumatic tools to not less than 95 percent of the maximum dry density as determined by ASTM D 1557. D. Use of Select Fill: Bed existing underground structures, tunnels, èonduits and pipes crossing the excavation with compacted select fill material. Place bedding material under and around each existing underground structure, tunnel, conduit or COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02223 BACKFILLING Page 4 of 6 16C3 II pipe and extend underneath and on each side to a distance equal to the depth of the trench below the structure, tunnel, conduit or pipe. 3.2 STRUCTURE BACKFILL A. Use crushed stone underneath all structures, and adjacent to structures where pipes, connections and structural foundations are to be located within this fill. Use crushed stone beneath all pavements, walkways. and railroad tracks, and extend to the bottom of pavement base course or ballast. 1. Place backfill in uniform layers not greater than 8 inches in loose thickness and thoroughly compact in place with suitable approved mechanical or pneumatic equipment. 2. Compact backfill to not less than 95 percent of the maximum dry density as determined by ASTM D 1557. B. Use of Common Fill: Use common granular fiU adjacent to structures in all areas not specified above. Select fill may be used in place of common granular fill at no additional cost. 1. Extend such backfill from the bottom of the excavation or top of bedding to the bottom of subgrade for lawns or lawn replacement, the top of previously existing ground surface or to such other grades as may be shown or required. 2. Place backfill in uniform layers not greater than 8 inches in loose thickness and thoroughly compact in place with suitable equipment. as specified above, 3. Compact backfill to not less than 90 percent of the maximum dry density as determined by ASTM D 1557. 3.3 COMPACTION EQUIPMENT A. Equipment and Methods: Carry out all compaction with suitable approved equipment and methods. 1. Compact clay and other cohesive material with sheep's-foot rollers or similar equipment where practicable. Use hand held pneumatic tampers elsewhere for compaction of cohesive fill material. 2. Compact low cohesive soils with pneumatic-tire rollers or large vibratory equipment where practicable. Use small vibratory equipment elsewhere for compaction of cohesion less fill material. COLLIER COUNTY TECHNICAL SPECI FICA TIONS Section 02223 BACKFilLING Page 5 of 6 _........_~.,,-~~_.~-"'-"^.,,~,'-"_. ._._~_._.._,.<.--,. 16C3 3. Do not use heavy compaction equipment over pipelines or other structures, unless the depth of fill is sufficient to adequately distribute the load. 3.4 FINISH GRADING A. Final Contours: Perform finish grading in accordance with the completed contour elevations and grades shown and blend into conformation with remaining natural ground surfaces. 1. Leave all finished grading surfaces smooth and firm to drain. 2. Bring finish grades to elevations within plus or minus 0.10 foot of elevations or contours shown. B. Surface Drainage: Perform grading outside of building or structure lines in a manner to prevent accumulation of water within the area. Where necessary or where shown, extend finish grading to ensure that water will be carried to drainage ditches, and the site area left smooth and free from depressions holding water. 3.5 RESPONSIBILITY FOR AFTERSETTLEMENT A. Aftersettlement Responsibility: Take responsibifity for correcting any depression which may develop in backfilled areas from settlement within one year after the work is fully completed. Provide, as needed, backfill material, pavement base replacement, permanent pavement, sidewalk, curb and driveway repair or replacement, and lawn replacement, and perform the necessary reconditioning and restoration work to bring such depressed areas to proper grade as approved. 3.6 INSPECTION AND TESTING OF BACKFILLING A. Sampling and Testing: Provide sampling, testing, and laboratory methods in accordance with the appropriate ASTM Standard Specification. Subject all backfill to these tests. B. Correction of Work: Correct any areas of unsatisfactory compaction by removal and replacement, or by scarifying, aerating or sprinkling as needed and recompaction in place prior to placement of a new lift. C. Testing Schedule: 1. Compaction Schedule 2. Optimum Moisture Content (Proctor Test) END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02223 BACKFILLING Page 6 of 6 16 C3 ~ SECTION 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR CONSTRUCTION ACTIVITIES IMPACTING LESS THAN ONE ACRE, INCLUDING CONSTRUCTION REQUIRING DEWATERING PART 1 GENERAL 1.1 DESCRIPTION A. The work specified in this Section consists of designing, providing, maintaining and removing temporary erosion and sedimentation controls as necessary. B. Temporary erosion controls include, but are not limited to rip rap channels, road stabilization, grassing, mulching, setting, watering, and reseeding onsite surfaces and spoil and borrow area surfaces and providing interceptor ditches at ends of berms and at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the COUNTY. C. Temporary sedimentation controls include, but are not limited to, silt dams, traps, barriers, public and private on- and off-site storm sewer inlets protectors, and appurtenances at the foot of sloped surfaces which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the COUNTY. D. If required by regulation or COUNTY, CONTRACTOR is responsible for providing an approved Erosion Control Plan for effective temporary erosion and sediment control measures during construction or until final controls become effective. 1.2 REFERENCE DOCUMENTS A. South Florida Building Code and Standard Building Code. PART2 PRODUCTS 2.1 EROSION CONTROL A. Sodding and Seeding. B. Rip Rap Channel. Section 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR COLLIER COUNTY CONSTRUCTION ACTIVITIES IMPACTING LESS THAN ONE ACRE, TECHNICAL SPECIFICATIONS INCLUDING CONSTRUCTION REQUIRING DEWATERING Page 1 of 6 C. D. 2.2 A. B. C. D. E. F. G. 16C3 Road Stabilization. Netting - fabricated of material acceptable to the County Manager or designee. SEDIMENTATION CONTROL Temporary Sediment Trap. Sediment Fence. Bales - clean, seed free pine needle or cereal hay type. Netting - fabricated of material acceptable to the County Manager or designee. Filter Stone - crushed stone conforming to Florida Department of Transportation specification s. Concrete Block - hollow, non-load-bearing type. Concrete - exterior grade not less than one inch thick. PART 3 EXECUTION 3.1 EROSION CONTROL A. Minimum procedures for grassing are: 1. Scarify slopes to a depth of not less than six inches and remove large clods, rock, stumps, roots larger than 1/2 inch in diameter and debris. 2. Sow seed within twenty-four (24) hours after the ground is scarified with either mechanical seed drills or rotary hand seeders. 3. Apply mulch loosely and to a thickness of between 3/4 inch and 1-1/2 inches. 4. Apply netting over mulched areas on sloped surfaces. 5. Roll and water seeded areas in a manner which will encourage sprouting of seeds and growing of grass. Reseed areas that exhibit unsatisfactory growth (less than 70 percent coverage). Backfill and seed eroded areas, removing eroded material from effected drainage facilities. . B. Minimum procedures for rip rap channel are: 1. Clear the foundation of all trees, stumps, and roots. Section 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR COLLIER COUNTY CONSTRUCTION ACTIVITIES IMPACTING LESS THAN ONE ACRE, TECHNICAL SPECIFICATIONS INCLUDING CONSTRUCTION REQUIRING DEWATERING Page 2 of 6 16C3 2. Excavate the bottom and sides of the channel 30 inches below grade at all points to allow for the placement of riprap as shown in the typical cross-section in the Standard Details. 3. Install extra strength filter fabric on the bottom and sides of the channel foundation, placing the upstream fabric over the downstream fabric with at least a 1 foot overlap on all joints. The fabric is to be securely held in place with metal pins. 4. Place riprap evenly to the lines and grades shown on the drawings and staked in the field. Place riprap immediately following the installation of the filter fabric. 5. Riprap shall meet the specification for F.D.O.T. Class 2 Riprap. 6. Restore all disturbed areas in àccordance with a vegetation plan submitted in advance and approved by the County Manager or designee. C. Minimum Procedures for road stabilization are: 1. Clear roadbed and parking areas of all vegetation, roots and other objectionable material. 2. Provide surfaèe drainage. 3. Spread 6 inch course of lime rock evenly over the full width of road and parking area and smooth to avoid depressions. 4. After grading, seed or resod all disturbed areas adjoining roads and parking areas conforming to existing conditions prior to construction. 3.2 SEDIMENTATION CONTROL A. Install and maintain silt dams, traps, barriers, and appurtenances as required. Replace deteriorated hay bales and dislodged filter stone. B. Minimum requirements for sediment trap: 1. Clear, grub and strip the area under the embankment of all vegetation and root mat. 2. Clear retention area to elevation as approved by the County Manager or designee. Section 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR COLLIER COUNTY CONSTRUCTION ACTIVITIES IMPACTING LESS THAN ONE ACRE, TECHNICAL SPECIFICATIONS INCLUDING CONSTRUCTION REQUIRING DEWATERING Page 3 of 6 _____'_... '.. _.__..,_.~.~" ·h_.____.__.. 16C3 3. Use fill material free of roots, woody vegetation and organic matter. Place fill in lifts not to exceed 9 inches and machine compact. 4. Construct dam and stone spillway to dimensions, slopes and elevations shown. 5. Ensure that the spillway crest is level and at least 18 inches below the top of the dam at all points. 6. Stone used for spillway section - Class "B" erosion control stone. 7. Stone used on inside spillway face to control drainage - #67 washed stone. 8. Extend stone outlet section to vegetated road ditch on zero grade with top elevation of stone level with bottom of drain. 9. Ensure that the top of the dam at all points is 6 inches above natural surrounding ground. 1 O. Stabilize the embankment and all disturbed area above the sediment pools as shown in the vegetation plan. C. Minimum requirements for sediment fence: 1. Construct sediment fence on low side of topsoil stockpile to prevent sediment from being washed into the drainage system. Fence to extend around approximately 70 percent of the perimeter of the stockpile. Fence must be unobstructed so as to maintain a minimum of 75 percent of its design flow rate. 2. Locate posts down slope of fabric to help support fencing. 3. Bury toe of fence approximately 8 inches deep to prevent undercutting. 4. When joints are necessary, securely fasten the fabric at a support post with overlap to the next post. 5. Filter fabric shall be of nylon, polyester, propylene or ethylene yarn with extra strength - 50 pounds per linear inch (minimum) - and with a flow rate of at least 0.30 gallons per foot per minute. Fabric should contain ultraviolet ray inhibitors and stabilizers. 6. Post to be 4-inch diameter pine with a minimum length of 4 feet. Section 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR COLLIER COUNTY CONSTRUCTION ACTIVITIES IMPACTING LESS THAN ONE ACRE, TECHNICAL SPECIFICATIONS INCLUDING CONSTRUCTION REQUIRING DEWATERING Page 4 of 6 16C3 1J 'I D. Minimum Requirement for stormwater facilities protection 1. Public and private stormsewer facilities, both on and offsite, shall be protected at all inlets affected by construction. Stormsewer facilities include streets, inlets, pipes, ditches, swales, canals, culverts, control structures, and detention/retention areas. 2. Grated drop inlets shall be rapped with filter fabric in a manner that allows removal of accumulated sediment from the fabric before removing the grate. 3. Curb inlets shall be protected from sediment, turbid water from stormwater or dewatering activities; also construction debris, concrete mix and rinsate, and any other pollution. 4. Stormwater runoff entering such stormsewer inlets and stormwater detention/retention facilities with a turbidity greater than 50 NTU shall be considered to be in non-compliance with these regulations. 3.3 PERFORMANCE A. Should any of the temporary erosion and sediment control measures employed fail to produce results which comply with the requirements of the State of Florida, immediately take steps necessary to correct the deficiency at no expense to the COUNTY. Sedimentation or turbid water violations to storm water facilities on or offsite shall require the contractor to remove all sediment from the affected facilities. END OF SECTION Section 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR COLLIER COUNTY CONSTRUCTION ACTIVITIES IMPACTING LESS THAN ONE ACRE, TECHNICAL SPECIFICATIONS INCLUDING CONSTRUCTION REQUIRING DEWATERING Page 5 of 6 16C3 NO TEXT FOR THIS PAGE Section 02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR COLLIER COUNTY CONSTRUCTION ACTIVITIES IMPACTING LESS THAN ONE ACRE, TECHNICAL SPECIFICATIONS INCLUDING CONSTRUCTION REQUIRING DEWATERING Page 6 of 6 16 C 3 ~ SECTION 02400 RESTORATION BY SODDING OR SEEDING PART 1 GENERAL 1.1 DESCRIPTION OF REQUIREMENTS A. The work in this section consists of furnishing all labor, material and equipment to restore all areas disturbed during construction to match preconstruction conditions. Establish a stand of grass within the areas disturbed by fumishing and placing grass sod where required, or by seeding and mulching areas not requiring sod. 1.2 REFERENCE DOCUMENTS A. Use materials conforming to the requirements of Florida Department of Transportation Standard Specifications for Road and Bridge Construction as follows: 1. Section 570 - Grassing (by Seeding) 2. Section 575 - Sodding 3. Section 981 - Grassing and Sodding Materials 4. Section 982 - Commercial Fertilizer 5. Section 983 - Water for Grassing 1.3 SUBMITTALS A. Submit certifications and identification labels for all sodding supplied in accordance with General Conditions. PART 2 PRODUCTS 2.1 SODDING A. Types: Sod may be of either S1. Augustine or Argentine Bahia grass or as that disturbed, as established prior to construction. Use well matted sod with roots. When replacing sod in areas that are already sodded, use sod of the same type as the existing sod. B. Provide sod as required in accordance with Florida Department of Transportation Specifications 575 and 981. Furnish sod equal to and similar in type as that disturbed. Place and water in accordance with FOOT Specifications Section 575. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 1 of 6 16C3 "!{ ..~ C. Use sod in commercial-size rectangles, preferably 12-inch by 24-inch or larger, except where 6-inch strip sodding is called for. D. Use sod that is sufficiently thick to secure a dense stand of live grass. Use sod that is live, fresh and uninjured at the time of planting, having a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses, Plant sod as soon as possible after being dug, and shade and keep moist from the time it is dug until it is planted. E. Handle sod in a manner to prevent breaking or other damage. Do not handle by dumping from trucks or other vehicles. Use care at all times to retain the native soil on the roots of each sod roll during stripping and handling. Sod that has been damaged by handling during delivery, storage or installation will be rejected. F. Swales: Place sod to the proper grade and cross section in all flow areas to ensure the design flow of water in the ditch. In excavating for the placement of sod, provide a minimum of 3 inches of undercut. 2.2 FERTILIZER A, Supply chemical fertilizer in suitable bags with the net weight certification of the shipment. Fertilizer shall be 12-8-8 and comply with Section 982 of the FDOT Standard Specification for Road and Bridge Construction. B. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water soluble potash, contained in the fertilizer. C. The chemical designation of the fertilizer shall be 12-8-8, with at least 50 percent of the nitrogen from a nonwater-soluble organic source. The nitrogen source may be a unreaformaldehyde source provided it is not derived from a waste product of the plastic industry. 2.3 A. 2.4 A. EQUIPMENT Spread fertilizer uniformly at the specified rate. NETTING Netting is fabricated of material similar to Geoscope Landscape Fabric or approved equal. 2.5 SEEDING A. Seed all unpaved areas disturbed during construction that do not require sod. Complete all seeding in conformance with FDOT Specifications Sections 570 and COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 2of6 16 C3 " -f'j .~ 981. Mulch and fertilize the grassed areas shall be mulched and fertilized in accordance with FOOT Specifications. B. Provide mulch material free of weeds. Mulch shall be oat straw or rye,. Pangola, peanut, Coastal Bermuda, or Bahia grass hay. C. All seeds must have been tested within 6 months of planting. Submit a seed bag tag with final payment requests from each type or mixture of seed used. 2.6 TOPSOIL A. Topsoil stockpiled during excavation may be used. If additional topsoil is required to replace topsoil removed during construction, it shall be obtained off site at no additional cost to the COUNTY. Topsoil shall be fertile, natural surface soil, capable of producing all trees, plants, and grassing specified herein. 2.7 MULCH A. Furnish small grain straw mulch. Apply mulch at a rate of 1.5 tons per acre, corresponding to a depth not less than 1-inch or more than 3-inches according to texture and moisture content of mulch material. Apply asphalt emulsion at a rate of 150 gallons per ton of straw to anchor the straw applied. 2.8 WATER A. It is the CONTRACTOR'S responsibility to supply all water to the site, as required during seeding and sodding operations and through the maintenance period and until the work is accepted. Make whatever arrangements may be necessary to ensure an adequate supply of water to meet the needs for the work. Furnish all necessary hose, equipment, attachments, and accessories for the adequate irrigation of lawns and planted areas as may be required. Water shall be suitable for irrigation and free from ingredients harmful to plant life. 2.9 SOIL IMPROVEMENTS A. Apply lime at the rate of 1 to 1.5 tons per acre. Apply 10-10-10 commercial fertilizer at the rate of 800 pounds per acre and work well into the top inch of topsoil. PART 3 EXECUTION 3.1 SOD BED PREPARATION A. Clear areas to be sodded and/or seeded of all rough grass, weeds, and debris, and bring soil to an even grade. B. Thoroughly till soil to a minimum 4-inch depth. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 3 of 6 3.2 A. B. 3.3 A. 16C3 C. Bring area to proper grade, free of sticks, stones, or other foreign matter over 1- inch in diameter or dimension. The surface shall conform to finish grade, less the thickness of sod, free of water-retaining depressions, the soil friable and of uniformly firm texture. INSPECTION Verify that soil preparation and related preceding work has been completed. Do not start work until conditions are satisfactory. SOD HANDLING AND INSTALLATION During delivery, prior to planting, and during the planting of sod areas, protect the sod panels at all times from excessive drying and unnecessary exposure of the roots to the sun. Stack sod during construction and planting so as not to be damaged by sweating or excessive heat and moisture. B. After completion of soil conditioning as specified above, lay sod panels tightly together so as to make a solid sodded lawn area. On mounds and other slopes, the long dimension of the sod shall be laid perpendicular to the slope. Immediately following sod laying, roll the lawn areas with a lawn roller customarily used for such purposes, and then thoroughly water. C. Place sod at all areas where sod existed prior to construction, on slopes of 3 horizontal to 1 vertical (3:1) or greater, in areas where erosion of soils will occur, and as directed by the ENGINEER. On areas where the sod may slide, due to height and slope, the ENGINEER may direct that the sod be pegged, with pegs driven through the sod blocks into firm earth, at suitable intervals. 3.4 USE OF SOD ON ROADWAY PROJECTS A. In accordance with the FDOT District One Standard Practice, establish permanent green grass at the completion of roadway construction and maintenance work. The following shall apply to all restoration involving State or County roadways: 1. Use sod in lieu of seed and mulch on all roadways with urban (raised curb) typical sections. 2. One inch water per week shall be required for a minimum of four (4) consecutive weeks for the purpose of establishing sod. This can be waived during construction, if and only if there is a minimum of one inch of rain per week on all sod on the project. 3. Placed sod on slopes 1:3 or greater. Stake sod on slopes 1:2 or greater. 4. On all curves with superelevation, place sod from the edge of pavement to the toe of slope on the downhill side(s) for the entire length of the superelevated roadway. On multi-lane divided rural facilities, place sod in COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 4 of 6 16C3 ., the median and on the inside of the curve in the superelevated areas. This does not apply to reverse crowns. 5. Use sod for all projects with less than 10,000 square yards grass area. 6. On tangent sections and on outside of curves, use sod between the edge of pavement and a point 4 feet beyond the shoulder break point. 7. The entire width of sod should not exceed 15 feet from the edge of pavement. 8. Sod is to be used to eliminate narrow seed and mulch areas. Sod areas less than 6 feet in width. 9. Place sod around drainage structures as per the standard Indexes and extend to the edge of pavement. 3.5 SOD MAINTENANCE A. The sod shall produce a dense, well-established growth. Repair and re-sod all eroded or bare spots until project acceptance. Repair to sodding shall be accomplished as in the original work. B. Perform sufficient watering to maintain adequate moisture for optimum development of the seeded and sodded areas, and no Jess than 1.5 inches of water per week for at least 2 weeks. Thereafter, apply water for a minimum of 60 days as needed until the sod takes root and starts to 'grow or until final acceptance, whichever is latest. 3.6 GUARANTEE A. Guarantee a live and vigorous stand of permanent grass at the time of acceptance of the work consisting of 80 percent minimum coverage for seeded grass areas with no bare spots greater than 5 square feet. 3.7 CLEANING A. Remove debris and excess materials from the project site. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02400 RESTORATION BY SODDING AND SEEDING Page 5 of 6 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 ./ NO TEXT FOR THIS PAGE Section 02400 RESTORATION BY SODDING AND SEEDING Page 6 of 6 16C3 "'Î¡ SECTION 02575 PAVEMENT REPAIR AND RESTORATION PART 1 GENERAL 1.1 SCOPE OF WORK A. Furnish all labor, materials, equipment, and incidentals required and remove and replace pavements as shown on the drawings and/or specified herein. 1.2 GENERAL A. Repair all damage, as a result of work under this project, done to existing pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, utility poles, utility pipe lines, conduits, drains, catch basins, or stabilized areas or driveways and including all obstructions not specifically named herein, in a manner satisfactory to the ENGINEER. Include in the bid price, the furnishing of all labor, materials, equipment, and incidentals necessary for the cutting, repair, and restoration of the damaged areas unless pay items for specific types of repair are, included in the Bid Form. B. Keep the surface of the backfilled area of excavation in a safe condition and level with the remaining pavement until the pavement is restored in the manner specified herein. All surface irregularities that are dangerous or obstructive to traffic are to be removed. Conform the repair to applicable COUNTY or State requirements for pavement repair and as described herein. C. The COUNTY reserves the right to require soil bearing or loading tests or materials tests, should the adequacy of the foundation or the quality of materials used be questionable. Costs of these tests shall be the responsibility of the COUNTY, if found acceptable; the costs of all failed tests shall be the responsibility of the CONTRACTOR. D. Make all street and road repair in accordance with the details indicated on the drawings and in accordance with the applicable requirements of these Specifications and meeting the permit requirements and approval of the governing Department of Transportation agencies. E. Replace pavement or roadway surfaces cut or damaged in equal or better condition than the original, including stabilization, base course, surface course, éurb and gutter or other appurtenances, Obtain the necessary permits prior to any roadway work. Provide advance notice to the appropriate authority, as required, prior to construction operations. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 1 of 6 16C3~f,~ 1. Roadway Restoration (within Collier County Department of Transportation & Engineering jurisdiction): Perfonn restoration in accordance with the requirements set forth in the "Right-of-Way Utility Construction Activities Policy" and these Standards. Obtain prior approval from Collier County DOT for the materials of construction and method of installation, along with the proposed restoration design for items not referred or specified herein. a. Where existing pavement is to be removed, mechanical saw cut the surface prior to trench excavation, leaving a uniform and straight edge parallel or perpendicular to the roadway centerline with minimum disturbance to the remaining adjacent surfacing. Provide minimal width of cut for this phase of existing pavement removal. b. Immediately following the specified backfilling and compaction, apply a temporary sand seal coat surface to the cut areas. For this temporary surfacing, provide a smooth traffic surface with the existing roadway and maintain until final restoration. Ensure that surfacing remains for a minimum of ten (10) days in order to assure the stability of the backfill under normal traffic conditions. Thirty (30) days following this period and prior to sixty (60) days after application: remove the temporary surfacing and perform final roadway surface restoration. c. In advance of final restoration, remove the temporary surfacing and mechanically saw the existing pavement straight and clean to the stipulated dimensions, if needed. Following the above operation, proceed immediately with final pavement restoration in accordance with the requirements set forth by Collier County Department of Transportation. d. No layer shall be greater than two inches (2") when compacted. Where a surface course is constructed to a thickness greater than two inches (2"), construct it in approximately equal layers, each not exceeding two inches (2"). e. Where necessitated by traffic conditions, lay mixture in strips in such manner as to provide for the passage of traffic. Where the road is closed to traffic, mixture may be laid to the full width, by machines traveling in parallel. 2. Roadway Restoration (outside Collier County Department of Transportation jurisdiction) - Confonn work within the rights-of-way of public thoroughfares which are not under jurisdiction of Collier County to the requirements of the Governmental agency having jurisdiction or the Florida Department of Transportation, if no governmental agencies have jurisdiction. Work within State Highway right-of-way shall be in full compliance with all requirements of the permit drawings, and to the satisfaction of the Florida Department of Transportation, COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 2 of 6 16C3 .:Iü 1.3 QUALITY ASSURANCE A. Applicable provisions of the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction", and Supplemental Specifications hereunder govern the work under this Section. The Florida Department of Transportation will hereafter be referred to as FOOT. PART 2 PRODUCTS 2.1 MATERIALS A. Use materials for flexible base pavement and base course as specified in the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction". PART 3 EXECUTION 3.1 . CUTTING PAVEMENT A. Cut and remove pavement to straight edges, 6 inches outside each edge of proposed trench to avoid pavement damage during installation of the new pipelines and appurtenances and for making connections to existing pipelines. B. Before removing pavement, mark the pavement for cuts nearly paralleling pipelines and existing street lines. Cut asphalt pavement along the markings with a jackhammer, rotary saw, or other suitable tool. C. No pavement shall be machine pulled until completely broken and separated along the marked cuts. D, The pavement adjacent to pipeline trenches shall neither be disturbed nor damaged. If the adjacent pavement is disturbed or damaged, irrespective of cause, remove the damaged pavement replace it at CONTRACTOR's expense. 3.2 GENERAL RESTORATION A. Restore, replace or rebuild existing street paving, driveways, etc., using the same type of construction as was in the original. Be responsible for restoring all such work, including sub-grade and base courses where present. Obtain and pay for such local or other governmental permits as may be necessary for the opening of streets. Meet any requirements other than those herein set forth which may affect the type, quality and manner of carrying on the restoration of surfaces by reason of jurisdiction of such governmental bodies. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 3 of 6 __··____,_""'^'...·""·.b.",""_'__,"''''''',_ 16C3" .. B. In all cases, maintain, without additional compensation, all permanent replacement of street paving, done by him under this Contract until accepted by the County Manager or designee, including the removal and replacement of such work wherever surface depressions or underlying cavities result from settlement of trench backfill. C. Complete all the final resurfacing or re-paving of streets or roads, over the excavations and relay paving surfaces of roadbed that have failed or been damaged prior to acceptance by the County Manager or designee. Conform backfilling of trenches and the preparation of sub-grades to the requirements of Section 02223. D. Do all re-paving or resurfacing in accordance with Florida Department of Transportation Specifications, to which the following requirement of trench backfill will be added: Where pipeline construction crosses paved areas such as streets, backfill the top 24 inches of trench below the road bases or concrete slabs with compacted A-4 or better material that will provide a bearing value of not less than 75 when tested by the Florida Department of Transportation Soil Bearing Test Methods. 3.3 PRIME AND TACK COATS A. Apply bituminous prime and tack coats on the previously prepared base course in accordance with Section 300 of the FOOT Specifications. 3.4 WEARING COURSE A. Use plant-mixed hot bituminous pavement to the thickness indicated in the drawings conforming to Type III asphaltic concrete in accordance with Section 333 of the FOOT Specifications. The requirements for plant and equipment are specified in Section 320 and the general construction requirements for asphaltic concrete pavement are contained in Section 330 of the FOOT specifications. 3.5 TESTING A. Perform all fjeld-testing at an independent laboratory employed by the COUNTY. Test and certify all materials by the producer. Repeat tests of sub-grade or base not meeting specified compaction at the CONTRACTOR's expense. 3.6 MISCELLANEOUS RESTORATION A. Restore sidewalks, cut or damaged by construction, in full sections or blocks to a minimum thickness of four inches. Restore concrete curb or curb gutter to the existing height and cross section in full sections or lengths between joints. Concrete shall be as specified on the drawings. Restore grassed yards, shoulders and parkways to match the existing sections with grass seed or sod of a type matching the existing grass, COLLIER COUNTY TECHNICAl SPECIFICATIONS Section 02575 PAVEMENT REPAIR AND RESTORATION Page 4 of 6 16C3 3.7 CLEANUP A. After all repair and restoration or paving has been completed, remove all excess asphalt, dirt, and other debris from the roadways. Check and clean all existing storm sewers and inlets of any construction debris. END OF SECTION Section 02575 COLLIER COUNTY PAVEMENT REPAIR AND RESTORATION TECHNICAL SPECIFICATIONS Page 5 of 6 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16 C3-' NO TEXT FOR THIS PAGE Section 02575 PAVEMENT REPAIR AND RESTORATION Page 6 of 6 SECTION 02607 SEWER MANHOLES 16C3 .., PART 1 GENERAL 1.1 SUMMARY A. Section Includes: Requirements for providing sewer manhole frame and covers and all other appurtenances for a complete installation. B. Related Work Specified in Other Sections Include: 1. Section 05540 - Metal Castings 1.2 REFERENCE A. Codes and standards referred to in this Section are: 1. ASTM C 76 Specification for Reinforced Concrete Culvert, Storm Drain and Sewer Pipe. 2. ASTM C 478 Specification for Precast Reinforced Concrete Manhole Sections 3. ASTM C 32 Specification for Sewer and Manhole Brick (Made for Clay or Shale) 4. ASTM C 443 Specification for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets [Metric] 1.3 SUBMITTALS A. Shop Drawings: Submit shop drawings of sewer manholes as specified in Division 1. B. Quality Control: Submit shop and field test reports of concrete samples tested in an approved laboratory. 1.4 DELIVERY, STORAGE AND HANDLING A. General: Take every precaution to prevent injury to the manhole sections during transportation and unloading. Unload manhole sections using skids, pipe hooks, rope slings, or suitable power equipment, if necessary, and keep the sections under control at all times. Do not allow the manhole sections to be dropped, COLLIER COUNTY TECHN ICAl SPECfFICA TIONS Section 02607 SEWER MANHOLES Page 1 of 4 16C3 dumped or dragged under any conditions. Follow applicable requirements specified in Division 1, B. Damaged Section: If any manhole section is damaged in the process of transportation or handling (see Section 2.3.C below), contact the Public Utilities Wastewater Department for visual inspection. If the Wastewater Department deems it necessary to reject the manhole section, reject and immediately remove such sections from the site, and replace the damaged manhole sections at no increase in Contract Amount. PART 2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable manufacturers are listed below. Other manufacturers of equivalent products may be submitted. 1. Preformed Joint Sealing Compound: a. Ram-Nek, as manufactured by K.T. Snyder Company, Inc., Houston, TX. b. Kent-Seal, as manufactured by Hamilton Kent, Toronto/Ontario Canada. 2. Frame and covers as manufactured by U. S. Foundry, 420-C-ORS. 3. Manhole Chimney Seals: a. Cretex Specialty Products b. County-approved equal 2.2 MATERIALS A. Preformed Joint Sealing Compound: Provide preformed joint sealing compound for joining manhole riser rings. B. Manhole Frames and Covers: Provide manhole frames and covers as shown on the Collier County Standard details. Castings for manhole frames, covers and other items shall conform to the ASTM Designation A48, Class 30. Castings shall be true to pattern in form and dimensions and free of pouring faults and other defects in positions which would impair their strength, or otherwise make them unfit for the service intended, The scating surfaces between frames and covers shall be machined to fit true so the frames and covers do not shift under traffic conditions or permit entry of storm water from flooding, Lifting or "pick" holes shall COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02607 SEWER MANHOLES Page 2 of 4 16 C 3 # . be provided, but shall not penetrate the cover. The words SANITARY SEWER, as well as COLLIER COUNTY shall be cast in all manhole covers except those owned by a private party. All manhole frames and covers shall be traffic bearing unless otherwise specified. Frames and covers shall be fully bedded in mortar to the correct finished grade elevation with materials shown in the COUNTY's Standard Detail Drawings. C. Manhole Chimney Seals: Provide manhole exterior chimney seals. Exterior chimney seals shall be designed to provide a watertight, flexible seal between the manhole cover frame and manhole chimney. The rubber shall be made from a high quality rubber compound. The sleeves and extensions or mastic shall have a minimum thickness of 3/16". 2.3 SOURCE QUALITY CONTROL A. Components of the manhole shall be free of fractures, cracks, and undue roughness. Concrete shall be free of defects prior to exterior seal installation. PART 3 EXECUTION 3.1 INSTALLATION A. Joining Manhole Sections: Join riser ring sections using Ram-Nek or Kent-Seal plastic joint sealing compound and trimmed prior to grouting. Use non-shrink grout inside and outside for sealing between manhole riser ring sections. Grout shall be of a type acceptable to the County Manager or designee and designed for use in water. Seal all openings and joints watertight. B. Top Termination: Terminate manhole tops at such elevations as will permit laying up grade rings under the manhole frame to make allowances for future street grade adjustments, C. Manhole Exterior Seal: The external sealing system shall be installed in accordance with the manufacturers recommendations. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02607 SEWER MANHOLES Page 3 of 4 COLLIER COUNTY TECHNICAL SPECIFICATIONS 16C3 .. NO TEXT FOR THIS PAGE Section 02607 SEWER MANHOLES Page 4 of 4 16C3 SECTION 02999 MISCELLANEOUS WORK AND CLEANUP PART 1 GENERAL 1.1 SCOPE OF WORK A. This Section includes operations that cannot be specified in detail as separate items but can be sufficiently described as to the kind and extent of work involved. Furnish all labor, materials, equipment and incidentals to complete the work under this Section. B. The work of this Section includes, but is not limited to, the following: 1. Restoring of sidewalks, driveways, curbing and gutters. 2. Crossing utilities. 3. Relocation of existing water lines, low pressure, gas lines, telephone lines, electric lines, cable TV lines and storm drains as necessary, all as shown on the drawings. 4, Restoring easements and rights-of-ways. 5, Cleaning up. 6. Incidental work. 1.2 WORK SPECIFIED UNDER OTHER SECTIONS A. Complete all work in a workmanlike manner by competent workmen in full compliance with all applicable sections of these Specifications. PART 2 PRODUCTS 2.1 MATERIALS A. Materials required for this Section shall be of at least the same type and quality as materials that are to be restored. Where possible, reuse existing materials that are removed and then replaced, with the exception of paving. PART 3 EXECUTION 3.1 RESTORING OF CURBING, FENCES, AND GUARD RAILS A. Protect existing curbing. If necessary, remove curbing from joint to joint and replace after backfilling, Replace curbing that is damaged during construction with curbing of equal quality and dimension. COLLIER COU NTY TECHNICAL SPECIFICATIONS Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 1 of 4 ..._~,---,- 16C3 3.2 CROSSING UTILITIES A. This item shall include any extra work required in crossing culverts, water courses, drains, water mains, and other utilities, including all sheeting and bracing, extra excavation and backfill, or any other work required for the crossing, whether or not shown on the drawings. 3.3 RELOCATIONS OR REPLACEMENT OF EXISTING GAS LINES, TELEPHONE LINES, ELECTRIC LINES, CABLE TV LINES AND DRAINAGE CULVERT A. Notify the proper authority of the utility involved when relocation or replacement of these lines is required. Coordinate all work by the utility so that the progress of construction will not be hampered. B. Reference all side drains, side ditches, swales, and storm sewers as to grade and location prior to construction, maintain them during construction, and repair them as necessary after construction. Where drainage structures are disturbed and must be replaced, the minimum size replacement shall be twelve inches (12"). All drainage culverts installed shall have mitered ends in conformance with the Collier County Standard Details. Place the culvert to the specified elevations and regrade or reshape the swale and road shoulders that have been disturbed or damaged during construction. 3.4 PROTECTION AND RESTORATION OF PROPERTY A. Protection and Restoration of Property: During the course of construction, take special care and provide adequate protection in order to minimize damage to vegetation, surfaced areas, and structures within the construction right-of-way, easement or site, and take full responsibility for the replacement or repair thereof. Immediately repair any damage to private property created by encroachment thereon. Should the removal or trimming of valuable trees, shrubs, or grass be required to facilitate the installation within the designated construction area, this work shall be done in cooperation with the County and/or local communities which the work takes place. Said valuable vegetation, removed or damaged, shall be replanted, if possible, or replaced by items of equal quality, and maintained until growth is re-established . Topsoil damaged in the course of work shall be replaced in kind with suitable material, graded to match existing grade. Following construction completion, the work area along the route of the installation shall be finish grade to elevations compatible with the adjacent surface, with grassing or hand raking required within developed areas. B. Existing lawn surfaces damaged by construction shall be re-graded and re-sodded or re-seeded. These areas shall be maintained until all work under this Contract has been completed and accepted. COLLIER COU NTY TECHNICAL SPECIFICATIONS Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 2 of 4 16C3 .! ; 3.5 CLEANING UP A. Remove all construction material, excess excavation, buildings, equipment and other debris remaining on the job as a result of construction operations and shall render the site of the work in a neat and orderly condition. B. Work site clean-up shall follow construction operations without delay and in accordance with Section 01710. 3.6 INCIDENTAL WORK A. Do all incidental work not otherwise specified, but obviously necessary for the proper completion of the Contract as specified and as shown on the drawings. END OF SECTION COLLIER COU NTY TECHNICAL SPECIFICATIONS Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 3 of 4 COLLIER COU NTY TECHNICAL SPECIFICATIONS 16C3 NO TEXT FOR THIS PAGE Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 4 of 4 16Cj ·7 ~ SECTION 03310 CONCRETE, MASONRY MORTAR AND GROUT PART 1 GENERAL 1.1 SUMMARY A. Section Includes: Cement, sand, aggregate admixtures and water for use in concrete, masonry mortar and grout. 1.2 REFERENCES' A. Codes and standards referred to in this Section are: 1. ASTM C 91 - Masonry Cement 2. ASTM C 144 - Aggregate for Masonry Mortar 3. ASTM C 150 - Portland Cement 4. ASTM C 207 - Hydrated Lime for Masonry Purposes 5. ASTM C 270 - Mortar for Unit Masonry 6. ASTM C 231 - Air Content of Freshly Mixed Concrete 7. ASTM C 404 - Aggregate for Masonry Grout 8. ASTM C 476 - Grout for Masonry 9. ASTM C 780 - Preconstruction and Construction Evaluation of Mortars for Plain and Reinforced Unit Masonry 10. ASTM C 1019 - Sampling and Testing Grout 11 . CRD C-619 - Specification for Grout Fluidifier. 12. CRD C-621 - Specification for Non-Shrink Grout. 13. Brick Institute of America Research Report No, 15 14. ACI 530,1/ASCE 6-92 - Specifications for Masonry Structures COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE. MASONRY MORTAR AND GROUT Page 1 of 6 16C3 1.3 SUBMITTALS A. Provide all submittals, including the following, as specified in Division 1. B. Product Data and Information: Submit the following: 1. Furnish notarized certificates of manufacture as evidence that the cement conforms to the specified requirements, Include mill-test reports on the cement. 2. Furnish notarized certificates to verify that the hydrated lime and aggregates meet the specified requirements. 3. Fumish laboratory tests as evidence that the air content and masonry mortar compressive strength meet the requirements of ASTM 270Type N and that the efflorescence tendency meets the requirements of the wick test in Brick Institute of America Research Report No. 15. 4. Furnish laboratory tests as evidence that the masonry grout compressive strength is equal to or greater than 2,500 psi at 28 days. 1.4 DELIVERY, STORAGE AND HANDLING A. General: Deliver, store and handle all mortar and grout materials as recommended by the manufacturers and as specified in Division 1 (and as follows: ) B. Cement: Store cement in weathertight buildings that will exclude moisture and contaminants. Do not use cement that has deteriorated from storage. c. Hydrated Lime: Store hydrated lime in weathertight buildings which will exClude moisture and contaminants. D. Aggregates: Keep aggregates clean and free from all other materials during transportation and handling. Stockpile aggregate in a manner to prevent segregation. PART 2 PRODUCTS 2.1 CEMENT A. Portland Cement shall be of a standard brand and shall conform to the requirements of ASTM C150-latest edition, except as hereinafter stated. One bag of cement shall be considered as weighing 94 pounds. Type I shall be used unless higher cement is specified. in which event Type III shall be used. For Type I, the maximum amount of tricalcium silicate shall be 60 percent. Cement may be shipped either in paper or cloth sacks and the package shall have the brand and COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 2 of 6 16C3 .~ name of manufacturer plainly marked on the outside. All cement shall be stored in weatherproof buildings in such a manner as will prevent absorption of moisture by the lower layers. Shipment shall be segregated by lot for identification. Type I cement which has been in storage more than 90 days shall be re-tested before use. Where carload shipments are used, a certificate from an approved testing laboratory shall be submitted prior to use of such cement on the job. 2.2 AGGREGATE A. Fine Aggregate: 1. Composition: Fine aggregate shall consist of natural sand and shaIJ be graded from coarse to fine within the following limits shown in the table below. Sand failing to meet the minimum requirement for material passing the Number 50 and/or Number 100 Sieve may be used, provided other satisfactory inorganic fine materials are added. If two sands are used, each must be mixed, after separate weighing, in proportions approved by the County Manager or designee. u.S. Standard Square Percent of Total By Weight Passing Opening Sieve Minimum Maximum No.4 97 100 No.8 80 100 No. 30 25 75 No. 50 10 30 No. 100 2 10 No. 200 (By Washinq) 0 4 2. Stockpiling: Fine aggregate shall be stored on a well-drained site, which has been cleared, grubbed and cleaned. Stockpiles shall be built up so as to prevent segregation of large and small particles. 3. Unsuitable Materials in Fine Aggregate: Not more than one percent (1 %) by weight of clay lumps or soft, disintegrated or coated grains shall be present in the fine aggregate. It shall also be free from foreign material such as dirt, wood, paper, burlap, or other unsuitable material. When tested in accordance with AASHTO T-21-27, it shall show a color not darker than standard. When tested for mortar strength in accordance with AASHTO T-71-38, the fine aggregate shall have a tensile strength at three (3) days (Type III), or at seven (7) days, (Type I); not less than 95 percent of that developed by mortar having the same water-cement ratio and consistency, made of the same cement and graded Ottawa Sand having a fineness modulus of 2.40, plus or minus 0.05. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 3 of 6 16C3" · B. Coarse Aggregate: 1. Composition: Coarse aggregate shall consist of crushed stone. It shall be washed to remove clay, loam and dust. At his/her discretion, the County Manager or designee may waive the washing requirement for stone having a loss of not more than thirty per cent (30%) when tested in accordance with the provisions of AASHTO T-96-38. 2. Unsuitable Material in Coarse Aggregate: The coarse aggregate shall not contain more than the following percentages of deleterious material: Soft Fibrous, Disintegrated Particles (Weight) Clay Lump (Weight) Finer Than No. 200 Sieve (Weight) Flat or Elongated Particles (Count) 3.0% 0.2% 0.5% 10.0% When subjected to AASHTO Test T-96-38, the aggregate shall have a loss not greater than sixty-five percent (65%). Aggregate shall be free from loam, wood, leaves, or other foreign material. 3. Gradation: For unreinforced foundations, for paving or for other unreinforced mass concrete, the gradation of coarse aggregate shall be as shown in Table 1. For reinforced footings, reinforced walls over 6" in thickness, ordinary floor slabs and similar structures, the gradation shall be as shown on Table 2. For handrails, reinforced walls, thin reinforced floor slabs electrical conduit encasement, and similar construction, the gradation shall be as shown on Table 3. Table 1 Percent Passing Percent By Weight Square Opening Sieve 2-1/2 inch 100 2 inch 95 - 100 1 inch 35 - 70 % inch 10 - 30 No.4 0-5 Table 2 Percent Passing Percent By Weight Square Opening Sieve 1-1/2 inch 100 1 inch 90 - 100 % inch 25 - 60 No.4 0-10 No.8 0-5 COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 4 of 6 16C3 .~ Table 3 Percent Passing Percent By Weight Square Opening Sieve 1 inch 100 % inch 90 - 100 3/8 inch 20 - 55 No.4 0-10 NO.8 0-5 4. Stockpiles: Stockpiles shall be constructed in layers not exceeding three feet (3') in height, and material shall be deposited in such manner as to prevent segregation of coarse and fine materials. Each type' of aggregate shall be placed in a separate stockpile. Stockpile sites shall be cleared, grubbed and drained before using. 2.3 A. 2.4 A. HYDRATED LIME Provide hydrated lime meeting the requirements of ASTM C 207. WATER Water shall be clean and free from salt, oil or organic substances. Laboratory tests shall be made to determine suitability of any water for use in concrete unless it is secured from a public water supply. PART 3 EXECUTION 3.1 CONCRETE PROPORTIONING A. Concrete aggregate shall be proportioned by weight. When the sources of supply shall have been determined by the CONTRACTOR and approved by the County Manager or designee, the mix shall be set by an approved testing laboratory. Mix shall be designed for a "slump" suitable for the character of structure in which the concrete is to be incorporated. All concrete shall be as specified herein. B. After a suitable design mix has been approved by the County Manager or designee, it shall not be changed so long as materials of the same characteristics are used in the mix. Within the limits of the various cement factors shown above, the mix shall be varied until the homogenous workable mixture, suitable for. the class of structure intended, has been obtained. 3,2 CONCRETE MIXING A. Concrete mixing shall be by means of a modern batch mixer equipped with accurately operating water measuring device and an automatic time locking device, COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 5 of 6 16 C 3 ,~' B. Where a central hatching plant is not operated, each mixer must have available an 'approved portable weighing device for use in proportioning. Each batch shall be mixed for one and one-half (1 %) minutes after charging has been completed, and during'such mixing period, that drum shall operate with a peripheral speed of not less than one-hundred and fifty-three (153), nor more than two-hundred and twenty-five (225) feet per minute. The number of revolutions per minute shall be between fourteen (14) and twenty (20). Retempering concrete or use of concrete in which initial set has taken place will not be allowed. Transit mixed concrete from an approved batching plant and suitable truck mixer may be approved by the County Manager or designee. 3.3 PIPE GROUT A. Mix lean grout for backfilling the space surrounding the pipe sections in tunnel or other areas as specified or directed in the proportion of 1 part Portland cement to 12 parts sand by volume. B. Mix grout to a consistency that can be pumped into the pipe. Use a grout fluidifier to reduce water quantity and improve workability. 3.4 TESTING A. Masonry Mortar: Make and test specimens for preconstruction and construction evaluation of masonry mortar in accordance with the requirements of ASTM C 780. B. Masonry Grout: Make and test specimens for preconstruction and construction evaluation of masonry grout in accordance with the requirements of ASTM C 1019. C. Concrete shall contain cement, coarse aggregate, and fine aggregate meeting the Specifications contained in previous paragraphs of this Part. Unless otherwise specified or shown in the plans, the design strength of the several elements included in the plans shall be: 1. Four thousand (4,000) pounds minimum compressive strength per square inch at twenty-eight (28) days for all piers, reinforced walls, floors, slabs, precast structures and other special sections where specifically shown on the plans or Standard Details. 2. Two thousand five hundred (2,500) pounds minimum compressive strength per square inch at twenty-eight (28) days for all blocking, reinforced footings, for retaining walls not subject to hydrostatic pressure, or where specifically shown on the plans or shown in the Standard Details. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 03310 CONCRETE, MASONRY MORTAR AND GROUT Page 6 of 6 16C3 'f. SECTION 05540 METAL CASTINGS PART 1 GENERAL 1.1 SUMMARY A. Section Includes: Miscellaneous ferrous and nonferrous castings. 1. This classification includes wheel guards, valve boxes, manhole frames and covers, manhole steps, stop plank grooves, brackets and supports for piping and gutter inlets, floor drains, cleanouts and special malleable iron castings and inserts. 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. ASTM A 27/A27M - Specification for Steel Castings, Carbon for General Applications 2. ASTM A47 - Specification for Ferric Malleable Iron Castings 3. ASTM A 48 - Specifications for Gray Cast Iron Castings 4. ASTM A 148/A 148M - Specifications for Steel Castings 5. ASTM A 536 - Specifications for Ductile Iron Castings 6. ASTM B 26/B26M - Aluminum 7. ASTM B 148 - Aluminum Bronze Sand Castings 8. ASTM B 584 - Manganese Bronze- PART 2 PRODUCTS 2.1 WORKMANSHIP A. Provide castings accurately made to the approved dimensions, and plane or grind castings where marked or where otherwise necessary to secure flat and true surfaces. Make allowance in the pattems so that the specified thickness is not re- duced. Provide manhole covers which conform to the details shown and which are true and seat at all points, Supply castings showing the name of the COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 05540 METAL CASTINGS Page 1 of 2 16C3" manufacturer and the country of manufacture. No plugging or welding of defective castings will be permitted. 2.2 WEIGHTS A. Reject castings with a weight which is less than the theoretical weight based on required dimensions by more than 5 percent. Provide facilities at the site for weighing castings in the presence of the ENGINEER, or furnish invoices showing true weights, certified by the supplier. PART 3 EXECUTION 3.1 INSTALLATION A. Erect all castings to accurate grades and alignment, and when placing in concrete carefully support castings to prevent movement during concreting. 3.2 PAINTING A. Deliver all manhole castings to the job site unpainted. If painting is specified, clean metal castings thoroughly before painting. Give manhole frames and covers and valve boxes one coat of primer and two coats of an approved asphaltum varnish or other approved coating at the point of manufacture. Paint all other castings as specified in the Collier County Standard Details. END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 05540 METAL CASTINGS Page 2 of 2 16C3 EXHIBIT K PERMITS GC-CA-K-1 41 '. EXHIBIT L STANDARD DETAILS 16C3 GC-CA-L-1 .*1 16C3' ~ EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 16C3 '! PLAN SHEETS AND REHABILITATION MAPS COLLIER COUNTY 16 C 3' f SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 300.00 Manholes to Receive Location Addresses New Seals 300173304 Grass 5310 Sholtz St. 300173335 Grass 5435 Hardee St. 300181318 Grass 5233 FleminÇJ St. 3 TOTAL LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail "A ") .pump Station - Gravity Sewer Network - Roads e Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 300.17 Service Area July 2005 GREELEY AND HANSEN LLC · !, LEGEND [JPump Station Service Area _,nstall New Interior Chimney Seal (See Detail '¡o.'J .pump Station - Gravity Sewer Network - Roads " Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feel I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 300.18 Service Area July 2005 GREELEY AND HANSEN LLC 16(;3 :.~~ COlliER COUNTY SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTAllATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 304.00 Manholes to Receive Location Addresses New Seals 304013300 Grass Bayshore Dr. 304013301 Grass Bayshore Dr. 304013312 Paved Linda Dr. 304013314 Grass Linda Dr. 304013315 Grass Linda Dr. 304064103 Paved 3015 Cottage Grove Ave. 304072101 Paved 8013 Pine Tree Dr. & Bayshore Dr. 304072104 Grass 3230 Pine Tree Dr. 304072105 Grass 3254 Pine Tree Dr. 304072108 Grass 11 Colonial Dr. 304094304 Grass 2593 Holly Ave. 11 TOTAL COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 301.00 PRIVATE MANHOLES - COUNTY LIFT STATION Manholes to Receive Location Addresses New Seals 301011000 Grass Howard Ave. Mini Pump 301011001 Grass 7 First St. 301011002 Grass 33 Second St. 301011003 Grass Third St. 301011004 Grass 4th St. 301011005 Grass 20 First St. 301011007 Grass 70 Third St. 301011008 Grass 90 Forth St. 301011009 Grass 1 03 Fifth St. 301011010 Grass 188 Jeremy Ave. 301011011 Grass 199 Claire 301011012 Grass 211 N - A 301011014 Grass 238 Lorin St. 301011016 Grass 268 Larry Ave. 301011017 Grass 283 James 301011019 Grass 134 N - A 301011020 Grass 103 N - A 301011021 Grass Lot # 1 301011023 Grass Lot # 14 301011024 Grass Lot # 7 301011025 Grass Lot # 7 301011027 Grass LOT # 16 301011028 Grass Lot # 20 301011029 Grass Lot # 15 301011030 Grass Lot # 15 301011031 Grass Lot # 35 301011032 Grass Lot # 29 27 TOTAL 0::: SKARN RD ::J MARL RD 0 LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail ~ 'j .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 301.01 Service Area July 2005 o 125250 500 Feet I I I I I I I I I GREELEY AND HANSEN LLC ,.~-- COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES ,~ INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 302.06 PRIVATE MANHOLES - COUNTY LIFT STATION Manholes to Receive Location Addresses New Seals 302062208 Paved 4915 Cortez Circle 302062213 Paved 4831 Devon Circle 2 TOTAL . a: w t- o ü « z o 2 '""-- LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail "A'? .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier Cou nty J Florida South County Inflow and Infiltration Repair Services o 125250 500 Feet I I I I I I I , I INST ALLA TION OF NEW INTERIOR CHIMNEY SEALS PS 302.06 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 302.56 PRIVATE MANHOLES - COUNTY LIFT STATION Manholes to Receive Location Addresses New Seals 302564000 Grass 4002 Skywa 302564102 Grass 3964 Sk a 302564103 Grass 3940 Sk a 302564104 Grass 3916 Sk 302564105 Grass Off of Sk 302564301 Grass 4025 Sk 302564302 Grass 4045 Sk 302564303 Grass 4093 Sk 302564304 Grass 4109 Sk 302564305 Grass 4119 Sk 302564306 Paved 4115 Sk 11 TOTAL ADKINS A V 302.56 3025641016 C 3 POLL Y AV LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail '~ 'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 302.56 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 304.02 PRIVATE MANHOLES - COUNTY liFT STATION Manholes to Receive Location Addresses New Seals 304021001 Grass 54 South Rd. 304021002 Grass 40 South Rd. 304021003 Grass 24 South Rd. 304021004 Grass 78 Middle Rd. 304021006 Grass 91 Short Rd. 304021007 Grass 69 Middle Rd. 6 TOTAL L NDA DR 304013314 304013312 MOORHEAD MANOR SORT RD NORTH RD WEST RD E~ SUNSET A V LAKE A V ~ CJ) w Z 0... LEGEND [:JPump Station Service Area _Install New Interior Chimney Sea' (See Detaif "A ') .ump Station - Gravity Sewer Network - Roads C9 Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 304.01 Service Area July 2005 GREELEY AND HANSEN LLC 304.02 4/ SUNSET A V I- U) w z (L LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail "A'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 304.02 Service Area July 2005 GREELEY AND HANSEN LLC 'if. CAYMAN WA THOMASSON DR 0:: o z o z 2: o :Þ o :Þ :Þ r 31 >- I- 0:: w > Cf) w Z Q.. o l- I- W 2: ....J <{ CL 304064103 LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail '~ 'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Implementation o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 304.06 Service Area May 2005 GREELEY AND HANSEN LLC 304.07 304.07 16C 304072101 « a) LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail '~'J .pump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125250 500 Feet I I I I I , I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 304.07 Service Area July 2005 GREELEY AND HANSEN LLC N A o 125 250 500 Feet I I I I I I I I I 304094304 0::: o w 0::: o I (f) 304.09 LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail "A'J .pump Station - Gravity Sewer Network - Roads Ð Existing Manholes 304.09 "....~ Collier County, Florida South County Inflow and Infiltration Repair Services INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 304.09 Service Area July 2005 GREELEY AND HANSEN LLC COlliER COUNTY 1 L SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICIIBO C 3 INSTAllATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 306.00 Manholes to Receive Location Add resses New Seals 306031000 Paved 3750 Guilford Rd. Pump Station 306031202 Grass Tamiami Trail & Guilford Rd. 306031203 Paved Guilford Rd. 306031204 Grass Guilford Rd. 306031404 Paved 6995 Guilford Rd. 306031406 Grass 3505 Guilford Rd. 306031408 Grass 3500 Guilford Rd. 306031409 Grass 3500 Guilford Rd. 306031412 Grass 3333 Guilford Ct. 306044000 Paved 3514 Guilford Ct. 306044102 Paved 3420 Caloosa St. 306044103 Paved 3422 Osceola Ave. & Caloosa 8t. 306044104 Grass 3550 Osceola Ave. 306044105 Grass Unknown 306044301 Paved 3434 Seminole Ave. & Caloosa St. 306044304 Paved 3417 Okeechobee St. 306044307 Paved 3602 Cherokee St. 306044308 Paved 3501 Cherokee St. 306044309 Paved 3414 Cherokee St. 306044312 Paved 3606 Seminole Ave. 306044314 Grass 3508 T amiami Ln. 306044315 Grass 3500 T amiami Ln. 306044317 Grass Seminole Ave. 306044318 Grass ParkinQ Lot 306044320 Grass 5358 ParkinQ Lot 25 TOTAL I- (f) I I w SE. AVALON DR LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail '}1. '? .pump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 306.03 Service Area July 2005 GREELEY AND HANSEN LLC 0:: o o o co :2: « CO LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail "A ") .ump Station - Gravity Sewer Network - Roads e Existing Manholes N Â Collier County Florida South County Inflow and Infiltration Repair Services o 125250 500 Feet I I I I I I I I , INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 306.04 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTAllATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 308.00 Manholes to Receive Location Addresses New Seals 308014000 Paved Shadowlawn Ave. 308014101 Paved Connecticut Ave. & Shadowlawn Ave. 308014102 Grass 3032 Connecticut Ave. 308014103 Grass 3096 Connecticut Ave. 308014104 Grass 3164 Connecticut Ave. 308014116 Paved 3164 Davis Blvd. 308014301 Grass Shadowlawn Ave. & Linwood Ave. 308014302 Paved 2816 Linwood Ave. 308014303 Paved 2679 Linwood Ave. 308014305A Paved 3016 Linwood Ave. 308014306 Paved 3116 Linwood Ave. 308014308 Paved 3234 Linwood Ave. 308014309 Paved 1965 Shadow Dr. & Francis Ave. 308014310 Paved 2815 Francis Ave. 308014312 Paved 2663 Francis Ave. 308014313 Paved 2964 Francis Ave. 308014315 Paved 3116 Francis Ave. 308014318 Paved 1896 Airport Pullinq Rd. 308014321 Paved Shadowlawn Dr. 308014322 Paved Shadowlawn Dr. 308014323 Paved Shadowlawn Dr. 308034109 Paved Unknown 308034118 Paved 3771 Linwood St. 308034119 Paved 2408 Linwood St. 308034120 Paved 2495 Linwood St. 308034122 Paved Unknown 308034123 Paved Unknown 308043000 Grass 2316 Andrew Dr. 308043201 Grass 2309 Andrew Dr. 308043202 Grass 2448 Andrew Dr. 308043203 Grass 2531 Andrew Dr. 308043205 Paved Tamiami Trail 308043206 Paved 2304 Andrew Dr. & Calusa Ave. COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 308.00 Manholes to Receive Location Addresses New Seals 308043206A Paved 3131 Tamiami Trail 308043207 Grass 3187 Calusa Ave. 308043207A Paved Unknown 308043208 Grass Unknown 308043208A Paved Unknown 308043209 Grass Airport Blvd. & Calusa Ave. 308043209A Paved Unknown 308043210 Paved 2272 Airport Blvd. 308043210A Paved Unknown 308043217 Paved Caledonia Ave. & Andrew Dr. 308043218 Grass Andrew Dr. 308043219 Grass 3180 Caledonia Ave. 308043220 Paved Caledonia Ave. 308043401 Grass Bayside St. 308043402 Grass 2396 Bayside St. 308043403 Grass Bayside St. 308043404 Paved Bayside St. & Tamiami Tr. 308043405 Paved 2315 Shadowlawn Dr. 308043406 Paved Shadowlawn Dr. 308061206 Paved 1570 Terrace Ave. & Shadowlawn Dr. 308061217 Paved 1400 Shadowlawn Dr. 308061225 Paved 2660 Marley Ln. 308061226 Paved 2676 Estey Ave, 308061229 Grass 2948 Estey Ave. 308061230 Paved 3000 Estey Ave. 308061400 Paved Terrace Ave. Pump Station 308061403 Grass 2565 Terrace Ave, 308061409 Grass Unknown 308083000 Paved 2160 Estey Ave, 308083205 Paved 1263 Brookside Dr. & Holiday Ln. 308083206 Paved 2120 Holiday Ln. 308083207 Paved 1343 Brookside Dr. & Harbor Ln. 308083208 Paved 2095 Harbor Ln. COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTAllATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 308.00 Manholes to Receive Location Addresses New Seals 308083209 Paved 1980 Harbor Ln. 308083210 Paved 1898 Harbor Ln. 308083211 Paved 1854 Harbor Ln. 308083213 Paved 1864 Harbor Ln. 308083216 Paved 1723 Harbor Ln. 308083217 Paved 1385 Sunset Ln. & Brookside Dr. 308083222 Grass Unknown 308083223 Paved Unknown 308083224 Paved Unknown 308083226 Paved 1260 Barbizon Ln. 308083229 Paved 2323 Mockinqbird Ln. & Harbor Rd. 308083230 Paved 2271 Harbor Rd. 308083232 Paved 2396 Harbor Rd. 308083234 Paved 1283 Delmar Ln. 308083235 Paved 1390 Delmar Ln. 308083237 Paved 1283 Embassy Ln. 308083241 Paved 1280 Pine St. 308083401 Paved 2120 Estey Ave. & Rainbow Dr. 308083402 Grass 1140 Rainbow Dr. & Harbor Rd. 308083408 Paved 1105 Christopher Ct. 308083409 Paved 1800 Holiday Ln. & Jeffrey PI. 308083410 Paved 1135 Jeffrey PI. 308083412 Paved 1860 Holiday Ln. 308083413 Paved 1940 Holiday Ln. 308083414 Paved 2025 Holiday Ln. 308083415 Paved 2097 Holiday Ln. 92 TOTAL .."'----_....-.-.-......"" ~3Q,ß.01 LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail "A'J .pump Station - Gravity Sewer Network - Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 308.01 Service Area July 2005 GREELEY AND HANSEN LLC LEGEND [JPump Station Service Area _Install New Interior Chimney Seal (See Detail "A '') .pump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 308.03 Service Area July 2005 GREELEY AND HANSEN LLC ~ "1J FRAN IS AV LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail "A') .pump Station - Gravity Sewer Network -Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 308.04 Service Area July 2005 GREELEY AND HANSEN LLC · Z -I >- Z a:: (/) 0 <í (/) N <í CO CO a:: ~ <í w CO r\P\ 308061206 1 v LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail "A'1 .ump Station - Gravity Sewer Network - Roads o Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I i I I I I t I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 308.06 Service Area July 2005 GREELEY AND HANSEN LLC W J: Ü « w 0::: Q > d" l LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail "A'J .pump Station - Gravity Sewer Network - Roads e Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 308.08 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 309.00 Manholes to Receive Location Addresses New Seals 309011103 Grass 4516 Parrot Ave. 309021111 Grass 987 Rosea Ct. 309021117 Grass 921 Rosea Ct. 309021118 Paved 4419 Rosea Ct. 309021125 Grass 4409 Robin Ave. 309031203 Grass 4515 Flaminqo Dr. 309033408 Paved 4123 Coconut Circle 309141000 Paved 2201 Lonqboat Dr. 309141401 Paved 2152 Lonqboat Dr. 309141402 Paved 2136 Longboat Dr. 309141403 Paved 2104 Lonqboat Dr. 309141405 Grass 2248 Lonqboat Dr. 309141406 Grass 2312 Longboat Dr. 309141407 Grass 2376 Longboat Dr. 309161201 Grass 2648 Longboat Dr. 309161202 Grass 2696 Longboat Dr. 309161203 Grass 2768 Lonqboat Dr. 309161204 Paved 2792 Lonqboat Dr. 309161401 Grass 2552 Lonqboat Dr. 309161402 Grass 2504 Longboat Dr. 309161403 Grass 2440 Longboat Dr. 21 TOTAL LEGEND DPump Station Service Area _'nstall New Interior Chimney Seal (See Detail "A ') .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 309.01 Service Area July 2005 o 125 250 500 Feet I I I I I I I I I GREELEY AND HANSEN LLC þ --ç\ ~ w :::s:::: -I LEGEND [JPump Station Service Area _Install New Interior Chimney Seal (See Detail "A'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 309.02 Service Area July 2005 GREELEY AND HANSEN LLC þ ..4 ~~ > w <1: I- ill W Q.. ~~ <1: a:: <.9 <1: U w en N A o 125 250 500 Feet I I I I I I I I I LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail '~ 'ï .pump Station - Gravity Sewer Network -Roads e Existing Manholes Collier County Florida South County Inflow and Infiltration Repair Services INST ALLA TION OF NEW INTERIOR CHIMNEY SEALS PS 309.03 Service Area July 2005 GREELEY AND HANSEN LLC GOLDEN GATE PKWY I LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail "A'j .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 150300 600 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 309.14 Service Area July 2005 GREELEY AND HANSEN LLC liiio..·...__ '¡ z o 0::: c.9 Z -...! -...! :J 0.. I- 0::: o 0.. 0::: « IVER REACH DR LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail "A 'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I r I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 309.16 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES ~ * INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 310.01 PRIVATE MANHOLES - COUNTY LIFT STATION Manholes to Receive Location Addresses Comments New Seals 310011001 Grass Reagan St. This is a brick chimney 310011007 Grass Johnson Ct. 310011008 Grass Pierce Ct. 310011010 Grass Cleveland Ct. 310011013 Grass 231 Coolidae PI. S TOTAL LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail '}:\'~ .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 120240 480 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 310.01 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 t I SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 310.02 PRIVATE MANHOLES - COUNTY liFT STATION Manholes to Receive Location Add resses New Seals 310020001 Grass 18 San Lu Rue Ave. & Palos Dr. 310020002 Grass 22 San Lu Rue Dr. & Sky Blue Dr. 310020003 Paved 195 San Lu Rue Dr. 310020004 Grass 180 San Lu Rue Ave. 4 TOTAL '.. , , It ; o > (f) o LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail '~'J .pump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125250 500 Feet J I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 310.02 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 'II . SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 310.03 PRIVATE MANHOLES - COUNTY LIFT STATION Manholes to Receive Location Addresses New Seals 310030000 Grass Between Marie Ln. and Tina Ln. 310030001 Grass Between Marie Ln. and Tina Ln. 310030002 Grass Between Marie Ln. and Tina Ln. 310030003 Grass Between Marie Ln. and Tina Ln. 4 TOTAL II ·.·..11.· _",~..._"" ~ ~ « U) I- U) W I- 0::: U) o I- ~ LL « ~ « -1 ~ I- ü LL I- ARFIELD ST U) N A o 125250 500 Feet I I I I I I I I I 0::: 0::: o 0 U) ~ o -1 ....., ~ « 0.. o 1 LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail "A 'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes Collier County, Florida South County Inflow and Infiltration Repair Services INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 310.03 Service Area July 2005 GREELEY AND HANSEN u.c COLLIER COUNTY 16 C 3 · ~ SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTAllATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 310.04 PRIVATE MANHOLES - COUNTY LIFT STATION Manholes to Receive Location Addresses New Seals 310041000 Grass Sunny Acres Mobile Home Park 310041001 Grass Manor Blvd. 310041002 Grass Manor Blvd. 310041004 Grass Manor Blvd. 310041005 Grass Manor Blvd. 310041007 Grass Manor Blvd. 6 TOTAL o o S « w -' 0 0::: en w 0::: 0::: 0::: 0 0 0::: 0 I- en I en 0 ~ I- en 0 z ~ LL 0::: -' <! <{ <{ <{ ...., I- -' 0.. Ü I- 0::: Ü s LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail ~ '? .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 310.04 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 .. !!¡ SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 310.06 PRIVATE MANHOLES - COUNTY LIFT STATION Manholes to Receive Location Addresses New Seals 310064000 Grass Between Cape Sable Dr. & Oceans Blvd. 310064301 Grass Between Cape Sable Dr. & Oceans Blvd. 310064303 Grass Oceans Blvd. 310064306 Grass 199 Oceans Blvd. 310064309 Grass Oceans Blvd. 310064310 Grass 31 Oceans Blvd. 310064311 Grass Just West of Oceans Blvd. 310064313 Grass Just West of Oceans Blvd. 310064314 Grass Just West of Oceans Blvd. 310064315 Grass Just West of Oceans Blvd. 310064316 Grass 204 Oceans Blvd. 310064317 Grass Oceans Blvd. 310064318 Rock 209 Oceans Blvd. 310064319 Grass Oceans Blvd. 310064320 Grass 213 Oceans Blvd. 310064322 Grass Oceans Blvd. 310064323 Grass Oceans Blvd. 310064401 Grass Between Cape Sable Dr. & Oceans Blvd. 310064402 Grass Between Cape Sable Dr. & Oceans Blvd. 310064403 Grass Between Cape Sable Dr. & Oceans Blvd. 310064404 Grass Between Cape Sable Dr. & Oceans Blvd. 310064405 Grass 96 Oceans Blvd. 310064407 Grass 177 Oceans Blvd. 310064408 Grass Oceans Blvd. 310064409 Grass 172 Oceans Blvd. 310064410 Grass Oceans Blvd. 310064414 Grass 10 Oceans Blvd. 310064415 Grass Just West of Oceans Blvd. 310064416 Grass Just West of Oceans Blvd. 310064417 Grass Just West of Oceans Blvd. 310064418 Grass Just West of Oceans Blvd. 310064419 Grass Just West of Oceans Blvd. 310064420 Grass 15 Oceans Blvd. 33 TOTAL LOST 0:: o z w o >< o I.J... LEGEND [JPump Station Service Area _Install New Interior Chimney Seal (See Detail''A 'J .pump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 310.06 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES ,~ INSTAllATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 310.07 PRIVATE MANHOLES - COUNTY liFT STATION Manholes to Receive Location Addresses New Seals 310072301 Paved 125 Cape Sable Rd. 310072306 Paved 278 Cape Sable Rd. 310072307 Paved 296 Cape Sable Dr. & Cape Florida Way 310072308 Paved 607 Cape Kennedy Rd. & Cape Sable Dr. 310072309 Paved 655 Cape Kennedy Rd. 310072310 Paved 573 Cape Florida Way 310072311 Grass 531 Cape Florida Way 310072312 Grass 597 Cape Florida Ln. 310072313 Grass 875 Cape Haze Ln. 310072316 Paved 839 Cape Haze Ln. , 10 TOTAL >- 0::{ s Cf) c.9 z LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail ''A') .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 310.07 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 999.77 PRIVATE SYSTEM Manholes to Receive Location Addresses New Seals 999773000 Paved Royal Hammock Blvd. & Fairmont Dr. 999773101 Paved Royal Hammock Blvd. 999773103 Paved Royal Hammock Blvd. & Greenwood Dr. 999773104 Paved 18006 Greenwood Dr. 999773105 Paved 18025 Greenwood Dr. 999773106 Paved Greenwood Dr. 999773108 Paved 18253 Roval Hammock Blvd. 999773109 Paved Royal Hammock Blvd. & Bluewater Dr. 999773110 Paved Bluewater Dr. 999773112 Paved Royal Hammock Blvd. 999773201 Paved Royal Hammock Blvd. 999773203 Paved Royal Hammock Blvd. 999773204 Paved Royal Hammock Blvd. 999773205 Paved 18474 Royal Hammock Blvd. 999773206 Paved 18006 Candle Tree Ct. 999773207 Grass Candle Tree Ct. 999773208 Paved Royal Hammock Blvd. 17 TOTAL ~9.77 o ex: I ü Z ex: o r- ::> « 999773203 999773204 LEGEND DPump Station Service Area _Install New Interior Chimney Seal (See Detail'~'Î .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 999.77 Service Area July 2005 o 125 250 500 Feet I I I I t I I I I GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 999.78 PRIVATE SYSTEM Manholes to Receive Location Addresses New Seals 999782301 Paved Royal Hammock Blvd. 999782302 Paved Royal Hammock Blvd. 999782304 Paved 18595 Royal Hammock Blvd. 999782305 Paved 18576 Royal Hammock Blvd. 999782306 Paved Royal Hammock Dr. & Broadview Dr. 999782309 Paved 18525 Royal Hammock Blvd. 999782310 Paved Royal Hammock Blvd. 7 TOTAL N A o 125 250 500 Feet I I I I I I I I I LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail '~'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes Collier County, Florida South County Inflow and Infiltration Repair Services INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 999.78 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES 16C3 INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS MPS 999.89 PRIVATE SYSTEM Manholes to Receive Location Addresses New Seals 999893302 Paved Royal Hammock Blvd. 999893303 Grass Royal Hammock Blvd. & Kensinaton Dr. 999893304 Grass Unknown 999893305 Paved Royal Hammock Blvd. 999893306 Paved 18120 Royal Hammock Blvd. 999893307 Paved 18132 Royal Hammock Blvd. 999893308 Paved 18144 Royal Hammock Blvd. 999893309 Paved Royal Hammock Blvd. & Fairmont Dr. 999893310 Grass 18157 Fairmont Dr. 999893311 Paved 18198 Royal Hammock Blvd. 999893312 Paved 18013 Royal Hammock Blvd. 999893314 Paved Royal Hammock Blvd. & Royal Tree Pkwy. 999893316 Paved 18013 Royal Tree Pkwy. 999893321 Paved 18085 Royal Tree Pkwy. 14 TOTAL N A LEGEND DPump Station Service Area _,nstall New Interior Chimney Seal (See Detail "A'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes o 125 250 500 Feet I I I I I I I I I GREELEY AND HANSEN LLC Collier County, Florida South County Inflow and Infiltration Repair Services INSTALLATION OF NEW INTERIOR CHIMNEY SEALS PS 999.89 Service Area July 2005 16C34¡ DETAILS 3 EXISTING MANHOLE FRAME AND COVER EXISTING FRAME AND COVER, USF 420C-ORS (24" MINIMUM DIAMETER) 22 3/4" I '-L -¡ fURNISH AND INSTAlL NEW INTERIOR CHIMNEY SEAl EXISTING RISER RINGS ~ 1. APPLY SEAlANT PER MANUFACTURER'S RECOMMENDATIONS, INCLUDING REQUIRED lENGTH PROVIDE AT LEAST 2-INCHES OF SEAlANT FROM BOTTOM OF MANHOLE FRAME, 2. CONTRACTOR TO VERIFY RISER MATERIAL AND INSTALL SEAl ACCORDINGLY, 3. CONTRACTOR TO VERIFY MANHOLE DIMENSIONS PRIOR TO INSTALLATION OF NEW INTERIOR CHIMNEY SEAL 4, INTERIOR SEAL INSTALlATIONS SHOULD BE COORDINÞ.TED WITH COWER COUNTY COLLECTIONS DEPARTMENT. SEAlS SHALL BE INSTALLED AFTER MANHOLE LININGS IN AREAS WHERE COUNTY IS PlANNING REHABILITATION OF MANHOLES, CONSULT MANUFACTURER'S RECOMMENDATIONS FOR APPLYING SEAlANT TO LINED MANHOLES. MANHOLE INTERIOR CHIMNEY SEAL DETAIL N.T.S. , GREELEY AND HANSEN LLC DETAIL SHEET -~,-'" 16C3 I , PLAN SHEETS AND REHABILITATION MAPS ..... __"'__"'_~""_M,"_'_'" COLLIER COUNTY SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES 16C3_. MANHOLE REHABILITATION MPS 300,00 RAlSElREPAlRlREPLA NEW MANHOLE RESET EXISTING MANHOLE LOCATION CE MANHOLE FRAMES FRAMES, NEW MANHOLE FRAMES AND COVERS ADDRESSES COMMENTS AND INSTAlL NEW COVERS AND COVERS AND INSTALL NEW EXTERIOR SEAlS EXTERIOR SEALS EXTERIOR SEALS 300173105 Paved X 5374 Wamm Sl 300173108 Paved X 5334 Wanen SI. 300173109 Paved X 5321 Wanen SI. 300173114 Paved X 5301 Holland 5l aka: 300173133 300173310 GJ8SS X 5454 StloIIz Sl 300173319 Paved X X 5361 Marlin 51. 5361 Martin Street Reoaif Concre1e DJivewav 300173332 Grass X 5317 Hardee 51. 300173343 Grass X 5329 Calls 5l 300181000 Paved X 5471 Carolina Ave. 300181101 Grass X 5422 Gilchrist 51. /I T "'"'s Ave. 300181102 GrassiPaved X X 5358 Gilchrist SI. 300181112 Paved X 5418 TrammelSl 300181112A Paved X 5437 Trammel SI. This manholem tit be 300181113- 5437 Trammel SI. 300181114 Grass X 5362 Trammel Sl 300181116 Grass X 5305 Trammel SI. 300181302 Paved X 5358 Broward Sl 300181303 Grass X 5338 Braward Sl 300181317 Grass X 5307 Aemlno SI. 300192110 Grass X 5330 Floridan Ave. 300192113 Grass X 5242 Hardee 51. Patch or rebuild ctIlmnev before installaUon of seal coat 300192115 Grass X 5222 Martin 51. 300192302 Grass X 5228 Braward 51. 300192305 Grass X 5219 Jenninos SI. 300192313 Grass X 5234 Texas Ave 300192315 Grass X 5270 Texas Ave aka: 300192315a 300203000 Paved X 5246 McCartv SI. 300203213 Grass X 5221 Comns 51 300203214 Grass X 5255 Confederate Dr. 300203215 Grass X 5239 Confederate Dr, 300203220 Grass X 5371 Di:<ie Dr. 300203402 Paved X 5238 McCartv SI. /I Roridan Ave. 300203407 Grass X X 5221 Caldwell SI. 300203414 Grass X 5249 Holland SI. 300203415 Grass X 5278 Floridan Ave. 300203416 Grass X 5280 Floridan Ave. 300203424 Grass X 11063 Dixie Dr. TOTAL: 3 23 1 12 x - Con1JacIOf let perlofm woftt N A o 125 250 500 Feet I I t t I I I I I LEGEND DPump Station Service Area .Â New Manhole Frames, Covers and Exterior Seals (See Details '~ ", "B" and "0") DReplace Existing Manhole Covers ..&. Reset Existing Manhole Frames and Covers (See Details "A" and "C'? ..&. Raise/Repair/Replace Manhole Frames (See Details ~" and "C'? _Install New Exterior Seal (See Detail "D'? .ump Station - Gravity Sewer Network -Roads Ð Existing Manholes Collier County, Florida South County Inflow and Infiltration Repair Services MANHOLE REHABILITATION PS 300.17 Service Area July 2005 GREELEY AND HANSEN LLC LEGEND DPump Station Service Area ... New Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "D'? DReplace Existing Manhole Covers ÂReset Existing Manhole Frames and Covers (See Details "A" and "C'? ÂRaise/Repair/Replace Manhole Frames (See Details 'W' and "C'? _,nstall New Exterior Seal (See Detail "D'? .pump Station - Gravity Sewer Network - Roads e Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I MANHOLE REHABILITATION PS 300.18 Service Area July 2005 GREELEY AND HANSEN LLC LEGEND DPump Station Service Area .Â.New Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "0") D,Replace Existing Manhole Covers "Reset Existing Manhole Frames and Covers (See Details "A" and "C'J "RaiseIRepairIReplace Manhole Frames (See Details "A" and "C'J _Install New Exterior Seal (See Detail "D'J .pump Station - Gravity Sewer Network - Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I MANHOLE REHABILITATION PS 300.19 Service Area July 2005 GREELEY AND HANSEN LLC N A o 125 250 500 Feet I I I I I I I I I " . I RAINTREE LN LEGEND DPump Station Service Area £'New Manhole Frames, Covers and Exterior Seals (See Details "A", "S" and "0") 6Replace Existing Manhole Covers "'Reset Existing Manhole Frames and Covers (See Details '~" and "C") "'RaiseIRepairIReplace Manhole Frames (See Details "A" and "C'1 _Install New Exterior Seal (See Detail "0'1 .pump Station - Gravity Sewer Network - Roads Ð Existing Manholes Collier County, Florida South County Inflow and Infiltration Repair Services MANHOLE REHABILITATION PS 300.20 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3' SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES "'... .~ ,.,. .-î MANHOLE REHABILITATION MPS 303.00 NEW MANHOLE RESET EXISTING MANHOLE LOCATION FRAMES,COVERS FRAMES AND COVERS ADDRESSES AND EXTERIOR AND INSTALL NEW SEALS EXTERIOR SEALS 303011403 Grass X 2480 Lakeview Dr, 303051000 Grass X 2360 Washinaton Ave, Pump Station 303051405 Paved X Unknown 303071102 Grass X 2232 Spruce St. 303071202 Grass X 2396 Jackson Ave. 303071401 Grass X 2156 Jackson Ave. TOTAL: 5 1 x - Contractor to perform work o «0::: O:::w w- (L (L w 0::: w (L LI DA DR VAN BUREN AV LEGEND OPump Station Service Area Â New Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "D") D,Replace Existing Manhole Covers ....Reset Existing Manhole Frames and Covers (See Details "A" and "C'~ ....RaiselRepairlReplace Manhole Frames (See Details "A" and "C'~ _,nstall New Exterior Seal (See Detail "D") .ump Station - Gravity Sewer Network - Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I MANHOLE REHABILITATION PS 303.01 Service Area July 2005 GREELEY AND HANSEN LLC I- a: <C (() w w w a: a: a: 0... z W w W 0... 0... 0... 0... LEGEND DPump Station Service Area ÂNew Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "0") DReplace Existing Manhole Covers ~Reset Existing Manhole Frames and Covers (See Details "A" and "C'J ~ Raise/Repair/Replace Manhole Frames (See Details "A" and "C'! _Install New Exterior Seal (See Detail "0") .ump Station - Gravity Sewer Network - Roads o Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I t MANHOLE REHABILITATION PS 303.05 Service Area July 2005 GREELEY AND HANSEN LLC J 0::: I- 0::: W « w (L W 0::: (L Z W (L (L LEGEND DPump Station Service Area Â New Manhole Frames, Covers and Exterior Seals (See Details '~", "B" and "D") DReplace Existing Manhole Covers "Reset Existing Manhole Frames and Covers (See Details "A" and "C'J "RaiselRepairlReplace Manhole Frames (See Details '~" and "C'J _Install New Exterior Seal (See Detail "D'J .pump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 SOO Feel I I I t I I I I t MANHOLE REHABILITATION PS 303.07 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY J. 6 C 3 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICE· . MANHOLE REHABILITATION MPS 304.00 NEW MANHOLE RESET EXISTING FRAMES AND 1 MANHOLE LOCATION FRAMES, COVERS COVERS AND ADDRESSES COMMENTS AND EXTERIOR INSTALL NEW SEALS EXTERIOR SEALS 304013302 Grass X Bayshore Dr, I 304013305 Grass X 180 Jeepers Dr, J 304013310 Grass X 4040 Bavshore Dr. 304013322 Grass X 2585 Vanburen Dr, I 304031406 Grass X 3156 Vanburen Ave. I 304072302 Grass X 8255 Bayshore Dr. 304072305 Grass X 3172 Andrews Ave, Rebuild Chimney 304094104 Grass X 3177 Woodside Ave, I 304094301 Paved X 1002 Bavshore Dr, & Hollv Ave. J TOTAL: 6 3 x - Contractor to perform wolk 304013322 LINDA D ENAV MOORHEAD MANOR SORT RD NORTH RD WEST RD ¡- (J) w Z 0.. LEGEND DPump Station Service Area Â New Manhole Frames, Covers and Exterior Seals (See Details "A ", "B" and "0") fj" Replace Existing Manhole Covers JJ...Reset Existing Manhole Frames and Covers (See Details "A" and "C'J JJ...RaiseIRepairlReplace Manhole Frames (See Details "A" and "C'J _,nstall New Exterior Seal (See Detail "0") .ump Station - Gravity Sewer Network - Roads e Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feel I I I I I I I I t MANHOLE REHABILITATION PS 304.01 Service Area July 2005 GREELEY AND HANSEN LLC ARECA MOORHEAD MANOR NORTH RD WEST RD LEGEND DPump Station Service Area "'New Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "D'? L. Replace Existing Manhole Covers J¡¡;.Reset Existing Manhole Frames and Covers (See Details "A" and "C'? J¡¡;.Raise/Repair/Replace Manhole Frames (See Details "A" and "C'? _Install New Exterior Seal (See Detail "D'? .ump Station - Gravity Sewer Network - Roads e Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I . I I I MANHOLE REHABILITATION PS 304.03 Service Area July 2005 GREELEY AND HANSEN LLC N A o 125 250 500 Feet I I I I I I I I I 7 ~ ~ s Õ -z cJ ?J ANDREWS AV 304072302 « CD LEGEND DPump Station Service Area ... New Manhole Frames, Covers and Exterior Seals (See Details '}(\", "B" and "D'1 6 Replace Existing Manhole Covers "Reset Existing Manhole Frames and Covers (See Details "A" and "C'1 .. Raise/Repair/Replace Manhole Frames (See Details '}(\" and "C'1 _,nstall New Exterior Seal (See Detail "D'J .pump Station - Gravity Sewer Network - Roads Ð Existing Manholes Collier County, Florida South County Inflow and Infiltration Repair Services MANHOLE REHABILITATION PS 304.07 Service Area July 2005 GREELEY AND HANSEN LLC N A o 125 250 500 Feet I I I I I I I I I 304.09 IbC <¡ c R QODSIDE A 304094104 LEGEND DPump Station Service Area Â. New Manhole Frames, Covers and Exterior Seals (See Details '~", "B" and "0'7 D,Replace Existing Manhole Covers JJ..Reset Existing Manhole Frames and Covers (See Details "A" and "C") JJ.. Raise/Repair/Replace Manhole Frames (See Details "A" and "C'J _,nstall New Exterior Seal (See Detail "0'7 .pump Station - Gravity Sewer Network - Roads e Existing Manholes Collier County, Florida South County Inflow and Infiltration Repair Services MANHOLE REHABILITATION PS 304.09 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C ~ SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES"' MANHOLE REHABiliTATION MPS 308.00 I RESET EXISTING NEW MANHOLE FRAMES AND MANHOLE LOCATION FRAMES, COVERS COVERS AND ADDRESSES AND EXTERIOR INSTALL NEW SEALS EXTERIOR SEALS 308014118 Grass X Davis Blvd, 308034107 Paved X 2495 Kirkwood Ave, 308034111 Grass X Unknown 308043204 Grass X 2647 Andrew Dr, 308061203 Grass X Terrace Ave, 308083202 Paved X 1196 Estey Ave. & Parkway Dr, 308083214 Paved X 1829 Harbor Ln, TOTAL: 3 4 x - Contractor to perform work ret:ff A V 308.01 (f) ~ FRAN IS AV . CALUSA AV LEGEND DPump Station Service Area "New Manhole Frames, Covers and Exterior Seals (See Details '~", "B" and "0'7 6 Replace Existing Manhole Covers . Reset Existing Manhole Frames and Covers (See Details "A" and "C'7 .RaiseIRepairlReplace Manhole Frames (See Details "A" and "C'? _Install New Exterior Seal (See Detail "0") .pump Station - Gravity Sewer Network - Roads t\) Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I r I I I I I I I MANHOLE REHABILITATION PS 308.01 Service Area July 2005 GREELEY AND HANSEN LLC 8.03 HOLl DAY LN I- CfJ 0::: ill Q.. Q.. LEGEND DPump Station Service Area "New Manhole Frames. Covers and Exterior Seals (See Details "A", "B" and "0") ~Replace Existing Manhole Covers Jt..Reset Existing Manhole Frames and Covers (See Details "A" and "C'1 Jt..Raise/Repair/Replace Manhole Frames (See Details "A" and "C'J _Install New Exterior Seal (See Detail "D'J .ump Station - Gravity Sewer Network - Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I t I . I I I I I MANHOLE REHABILITATION PS 308.03 Service Area July 2005 GREELEY AND HANSEN LLC 308.04 WEEKS AV ~ BECCAAV « -l 0.. o 0... LEGEND DPump Station Service Area Â New Manhole Frames, Covers and Exterior Seals (See Details "A", "8" and "D'~ D Replace Existing Manhole Covers ¿Reset Existing Manhole Frames and Covers (See Details "A" and "C'J ¿RaiselRepairIReplace Manhole Frames (See Details "A" and "C'~ _,nstall New Exterior Seal (See Detail "D'J .pump Station - Gravity Sewer Network - Roads N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I . I I I t I I I MANHOLE REHABILITATION PS 308.04 Service Area July 2005 GREELEY AND HANSEN LLC FRAN IS AV LEGEND DPump Station Service Area .. New Manhole Frames, Covers and Exterior Seals (See Details 'J!\ ", "B" and "0') D Replace Existing Manhole Covers . Reset Existing Manhole Frames and Covers (See Details '~" and "C") .Raise/Repair/Replace Manhole Frames (See Details "A" and "C') _Install New Exterior Seal (See Detail "0') .ump Station - Gravity Sewer Network - Roads e Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I t I MANHOLE REHABILITATION PS 308.06 Service Area July 2005 GREELEY AND HANSEN LLC -< KIRKWOOD AV z > « LEGEND D Pump Station Service Area ... New Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "0") 6. Replace Existing Manhole Covers .Â. Reset Existing Manhole Frames and Covers (See Details '~" and "C'? .Â. Raise/Repair/Replace Manhole Frames (See Details "A" and "C'? e Install New Exterior Seal (See Detail "0") . Pump Station - Gravity Sewer Network - Roads f) Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services GREELEY AND HANSEN LLC MANHOLE REHABILITATION PS 308.08 Service Area July 2005 o 125 250 500 Feet I I I I I I I I I COLLIER COUNTY 16 C -z. SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES , ~ J.;~ MANHOLE REHABILITATION MPS 309.00 NEW MANHOLE REPLACE RESET EXISTING FRAMES, NEW MANHOLE PAVEMENT FRAMES AND MANHOLE LOCATION COVERS AND COVERS AROUND COVERS AND ADDRESSES EXTERIOR SEALS MANHOLE INSTALL NEW EXTERIOR SEALS 309011104 Grass X 1003 Rose Way 309011107 Grass X 858 Rose Way 309011108 Grass X 980 Blue Bird SI. 309011109 Grass X 902 Blue Bird St. 309011110 Paved X 818 Robin Ave, & Blue Bird SI. 309011113 Grass X 800 Blue Bird SI. 309021108 Grass X 999 Roseate Dr, 309021112 Grass X 4404 Rosea Ct. 309021120 Grass X 4539 Rosea Ct. 309021121 Grass X 918 Rosea CI. 309021201 Paved X 4337 Flamingo Dr, 309021403 Paved X 3950 Flamingo Dr, & Guava Dr. 309031206 Grass X 875 Coconut Circle East 309033404 Grass X 3864 Coconut Circle East 309033406 Grass X 4000 Coconut Circle South TOTAL: 12 1 1 1 x - Contractor to perform work « .-J DR LEGEND DPump Station Service Area Â New Manhole Frames, Covers and Exterior Seals (See Details ')1\ ", "B" and "0'1 DReplace Existing Manhole Covers "'Reset Existing Manhole Frames and Covers (See Details "A" and "C'J "'Raise/Repair/Replace Manhole Frames (See Details "A" and "C'J _,nstall New Exterior Seal (See Detail "D'J .pump Station - Gravity Sewer Network - Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I MANHOLE REHABILITATION PS 309.01 Service Area July 2005 GREELEY AND HANSEN LLC t:> -! « LOTUS DR z 0 0:: 2 ~UA « ü 0214 ~ REPAIR EXI TING -! ASPHA ~ z w W 0:: (!) '"1i o ~ LEGEND DPump Station Service Area .Â New Manhole Frames, Covers and Exterior Seals (See Details '~ ", "B" and "D'7 DReplace Existing Manhole Covers .Â.Reset Existing Manhole Frames and Covers (See Details "A" and "C'J .Â.RaiselRepairIReplace Manhole Frames (See Details "A" and "C'7 _Install New Exterior Seal (See Detail "D'7 .ump Station - Gravity Sewer Network - Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I . I . I I MANHOLE REHABILITATION PS 309.02 Service Area July 2005 GREELEY AND HANSEN LLC 4 SEAGRAPE AV COCONUT CIR N 309031206 - LOTUS DR t:::J POINSE TIA A V 3~ 309~Qß ~~ W f- W ~~ PAR BLUEBIRD S LEGEND DPump Station Service Area ÀNew Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "D') D Replace Existing Manhole Covers "'Reset Existing Manhole Frames and Covers (See Details "A" and "C') "'RaiseIRepairIReplace Manhole Frames (See Details "A" and "C') _Install New Exterior Seal (See Detail "D') .ump Station ..... Gravity Sewer Network - Roads Ð Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet t . J . . I I I I MANHOLE REHABILITATION PS 309.03 Service Area July 2005 GREELEY AND HANSEN LLC 16C3 . DETAILS "' "' ~ ~\..,~ , ........ 'I-V'J ~~'::'wci I- (/)1- ~.(/) 1.&J~l&J OU') W VII- ~ <~ ~ t~o. 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New Manhole Frames, Covers and Exterior Seals (See Details '~ ", "B" and "0'7 DReplace Existing Manhole Covers i..Reset Existing Manhole Frames and Covers (See Details '~" and "C'J i..Raise/Repair/Replace Manhole Frames (See Details '~" and "C'J _Install New Exterior Seal (See Detail "D'J .ump Station - Gravity Sewer Network - Roads . Existing Manholes N Â Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I . I I t I I MANHOLE REHABILITATION PS 301.01 Service Area July 2005 GREELEY AND HANSEN LLC COlliER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES MANHOLE REHABILITATION MPS 302.06 PRIVATE MANHOLES - COUNTY liFT STATION NEW MANHOLE RESET EXISTING FRAMES, COVERS FRAMES AND MANHOLE LOCATION AND EXTERIOR COVERS AND ADDRESSES SEALS INSTALL NEW EXTERIOR SEALS 302062210 Paved X 4941 Biscayne Dr. & Cortez Circle 302063103 Grass X 4711 Gulfsteam Dr. TOTAL: 1 1 x - Contractor to perform work LEGEND DPump Station Service Area .. New Manhole Frames, Covers and Exterior Seals (See Details '~ n, "Bn and "D'J DReplace Existing Manhole Covers .Â.Reset Existing Manhole Frames and Covers (See Details '~" and "C'J .Â.RaiseIRepairlReplace Manhole Frames (See Details '~" and "C'J _Install New Exterior Seal (See Detail "0") .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I t I I I I MANHOLE REHABILITATION PS 302.06 Service Area July 2005 GREELEY AND HANSEN LLC 302.06 . . COlliER COUNTY SOUTH COUNTY III IMPLEMENTATION 16C3 MPS 302.56 PRIVATE MANHOLES - COUNTY liFT STATION NEW MANHOLE MANHOLE LOCATION FRAMES, COVERS ADDRESSES AND EXTERIOR SEALS 302564101 Grass X 3989 Skyway Dr. TOTAL: 1 x - Contractor to perform work -, ADKINS A V Oll Y AV VERETT ST LEGEND DPump Station Service Area ... New Manhole Frames, Covers and Exterior Seals (See Details '~ ", "B" and "D'? D. Replace Existing Manhole Covers ..Â. Reset Existing Manhole Frames and Covers (See Details "A" and "C'? ..Â.RaiseIRepairIReplace Manhole Frames (See Details "A" and "C'? _,nstall New Exterior Seal (See Detail "D'? .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I 1.1 I I I I I MANHOLE REHABILITATION PS 302.56 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW ANDINfJLTRATION REPAIR SERVICES :...~ MANHOLE REHABILITATION MPS 304.02 PRIVATE MANHOLES - COUNTY LIFT STATION NEW MANHOLE MANHOLE LOCATION FRAMES,COVERS ADDRESSES AND EXTERIOR SEALS 304021005 Grass X 39 Middle Rd, 304021008 Grass X Unknown 304021009 Grass X 144 North Rd, 304021010 Grass X 128 North Rd, TOTAL: 4 x - Contractor to perform work 304021010 NORTH RD WEST RD I- CI) Q.. LEGEND DPump Station Service Area ... New Manhole Frames, Covers and Exterior Seals (See Details '~ H, HBH and "0'7 6Replace Existing Manhole Covers JJ...Reset Existing Manhole Frames and Covers (See Details '~" and "C'7 JJ...Raise/Repair/Replace Manhole Frames (See Details '~" and "C'7 _,nstall New Exterior Seal (See Detail "D'7 .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I . I MANHOLE REHABILITATION PS 304.02 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 16 C 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERVICES MANHOLE REHABiliTATION MPS 310.01 PRIVATE MANHOLES - COUNTY liFT STATION NEW MANHOLE MANHOLE LOCATION FRAMES, COVERS ADDRESSES AND EXTERIOR SEALS 310011003 Grass X Buchanan St. 310011006 Grass X Patton St. TOTAL: 2 x - Contractor to perform work 0::: Ü o .....J W LL en en o 0::: Ü o 0::: en W 0::: o I en 0::: « 0::: 0::: 0::: 0 I- 0 ~ en en 0 D I- 0 Z ~ LL .....J « « -, Q.. LEGEND DPump Station Service Area "'New Manhole Frames, Covers and Exterior Seals (See Details '~", "B" and "D'? D Replace Existing Manhole Covers "Reset Existing Manhole Frames and Covers (See Details "A" and "C'? "RaiseIRepairIReplace Manhole Frames (See Details "A" and "C'? _Install New Exterior Seal (See Detail "D'? .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I MANHOLE REHABIL'T A TION PS 310.01 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY 1 t.... f\ -z. SOUTH COUNTY INFLOW AND INFilTRATION REPAIR selRWc~ ,~ MANHOLE REHABILITATION MPS 310.04 PRIVATE MANHOLES - COUNTY LIFT STATION NEW MANHOLE RESET EXISTING FRAMES, COVERS FRAMES AND MANHOLE LOCATION AND EXTERIOR COVERS AND ADDRESSES SEALS INSTALL N,EW EXTERIOR SEALS 310041003 Grass X Manor Blvd, 310041006 Grass X Manor Blvd, TOTAL: 1 1 ,-, x - Contractor to perform work I- (f) 0:: w l- e a:: a:: (f) (f) e 0 I- 0 Z U. ¿ « ...J « ::x:: ...J I- « ... ...J £l. u. ARFIELD ST z LEGEND DPump Station Service Area .. New Manhole Frames, Covers and Exterior Seals (See Details nA", "B" and "0") D Replace Existing Manhole Covers ~Reset Existing Manhole Frames and Covers (See Details "A" and "C'J ~ Raise/Repair/Replace Manhole Frames (See Details '~" and "C'J _,nstall New Exterior Seal (See Detail "0") .ump Station - Gravity Sewer Network - Roads . Existing Manholes N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 SOD Feet I I . I I I I I I MANHOLE REHABILITATION PS 310.04 Service Area July 2005 GREELEY AND HANSEN LLC COlliER COUNTY 1~ -G SOUTH COUNTY INFLOW AND INFilTRATION REPAIR..,. EJ MANHOLE REHABiliTATION MPS 999.77 PRIVATE SYSTEM NEW MANHOLE RESET EXISTING MANHOLE LOCATION FRAMES,COVERS FRAMES AND COVERS ADDRESSES AND EXTERIOR AND INSTALL NEW SEALS EXTERIOR SEALS 999773111 Grass X 18030 Bluewater Dr, 999773401 Grass X Fairmont Dr. TOTAL: 1 1 x - Contractor to perform work o ~ I U Z ~ ~ o I- :::> ~ N A o 125 250 500 Feet I . I I I I I I I LEGEND DPump Station Service Area .Î/i,.New Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "0") 6 Replace Existing Manhole Covern .. Reset Exisüng Manhole Frames and Covers (See Details '~n and "C") .. Raise/Repair/Replace Manhole Frames (See Details '~n and "C") _Install New Exterior Seal (See Detail "0") .ump Station - Gravity Sewer Network - Roads . Existing Manholes Collier County, Florida South County Inflow and Infiltration Repair Services MANHOLE REHABILITATION PS 999.77 Service Area July 2005 GREELEY AND HANSEN LLC COLLIER COUNTY I 6 C 3 SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICE~ ~¡ MANHOLE REHABILITATION MPS 999.78 PRIVATE SYSTEM RAISElREPAlRlREPLA CE MANHOLE NEW MANHOLE MANHOLE LOCATION FRAMES AND INSTALL FRAMES,COVERS ADDRESSES COMMENTS NEW EXTERIOR AND EXTERIOR SEALS SEALS 999782000 Grass X X Roval Hammock Blvd, Pumn Station 999782308 Paved X X 18019 Broadview Dr, Rebuild Chimney TOTAL: 2 2 x - Contractor to peñorm work 999782308 LEGEND DPump Station Service Area ... New Manhole Frames, Coveß and Exterior Seals (See Details "A", "B" and "D'? D. Replace Existing Manhole Covers .Â.Reset Existing Manhole Frames and Coveß (See Details '~" and "C'? .Â.Raise/Repair/Replace Manhole Frames (See Details "A" and "C") _Install New Exterior Seal (See Detail "D'? .pump Station - Gravity Sewer Network - Roads N A Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 500 Feet I I I I I I I I I MANHOLE REHABILITATION PS 999.78 Service Area July 2005 GREELEY AND HANSEN LLC COlliER COUNTY 1 L(\ 3 SOUTH COUNTY INFLOW AND INFilTRATION REPAIR SERtlCSSU MANHOLE REHABiliTATION MPS 999.89 PRIVATE SYSTEM NEW MANHOLE RAISElREPAIRlREPLA CE MANHOLE MANHOLE LOCATION FRAMES, COVERS FRAMES AND INSTALL ADDRESSES COMMENTS AND EXTERIOR NEW EXTERIOR SEALS SEALS 999893000 Grass X Bavwood Ct. Pump Station 999893317 Paved X 18030 Roval Tree Pkwv, 999893318 Paved X Roval Tree pkwy. 999893319 Paved X 18066 Roval Tree Pkwv, Patch Chimney 999893320 Paved X X 18072 Roval Tree Pkwv, Rebuild Chimney 999893322 Paved X Roval Tree Pkwv, TOTAL: 6 1 x - Contractor to perform worX 999.89 >1 o 0:: I o z « 0:: o ~ ::> « 999893319 PA CH CHIMNEY PRIOR INSTALLATION OF EW EXTERIOR SEAL LEGEND DPump Station Service Area .. New Manhole Frames, Covers and Exterior Seals (See Details "A", "B" and "D'? D-Replace Existing Manhole Covers ....Reset Existing Manhole Frames and Covers (See Details 'f\" and "C'? .... Raise/Repair/Replace Manhole Frames (See Details "A" and "C'? _,nstall New Exterior Seal (See Detail "0") .ump Station - Gravity Sewer Network - Roads . Existing Manholes N Â Collier County, Florida South County Inflow and Infiltration Repair Services o 125 250 SOO Feet I I . I I I I I t MANHOLE REHABILITATION PS 999.89 Service Area July 2005 GREELEY AND HANSEN LLC 16C3 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 C 0::: o (.) w 0::: o~ t-c( iñæ -w :J:t- Xc( w:e c w 0::: o t- oo o ... a) W t) ns e- ns ø _ e ns- CD "C "C 0 II a) .¡: cc-a) I ßD.. Ü ~.!! - .c I- w en + ~ .2:' " m g: .!! 'S ü .2 ëV E ~'ü; .... ~ e ~ D..- -c ... o t) ~ ø ëV .¡: a) 1û :E -c ~ £ tJ) ,,"& ~ .¡: en "¡ .f t) ø ~:E I- >--c ø a) :J > ~.2 "¡ > t) a) a) à:D:: a) ... t) a) ._ .c g E e :J -z ... .!!! Õ. Q. :J tJ) e o +ï Q. .¡: t) g¡ a a) - ns a 1 ~ - &10 ~ 3 ..- I o .d: ü I Ü (!) I I I I ~ ~ M (") to (") It) en i c.. ~ - - 16E2"~ MEMORANDUM Date: November 1,2005 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Review of Contract # 05-3852, "Design and Related Services for the South Regional Library" Awardee: Schenkel Shultz Architecture Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E2) approved by the Board of County Commissioners on Tuesday, October II, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (3) ITEM NO.: DATE RECEIVED: 16F FILE NO.: 05- f/~e- 003'13 >- "-- 'I't.. r I - \ :-',.. :,.;L ,Jr I He. 1...()UNTY ATTORNEY 2005 OCT 3' PM 2: Ol.& ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: Friday, October 28, 2005 Office of the County Attorney 4 Attention: Robert Zachary ~ Linda Jackson Best, Contract Specialist Purchasing Department, Extension 8990 Support Services Division To: From: Re: Review of Insurance for Contract 05-3852, "Design and Related Services for the South Regional Library" Awardee: Schenkel Shultz Architecture BACKGROUND OF REQUEST: The Board of County Commissioners awarded the attached contract to Schenkel Shultz Architecture on Tuesday, October 11, 2005; Agenda Item (16)(E)(2). This item has not been previously submitted. ACTION REQUESTED: Please review the contract for Legal Sufficiency. OTHER COMMENTS: After your review and acceptance, please forward to the BCe for signatory execution. Thank you. Cc-~ 1(_ 1- tf75' MEMORANDUM TO: ~()4,~ Sheree Mediavilla f\V \O'<t Risk Management Department \J 1t Linda Jackson Best, Contract Specialist Purchasing Department FROM: DATE: Friday, October 28, 2005 RE: Review of Insurance for Contract 05-3852, "Design and Related Services for the South Regional Library" Awardee: Schenkel Shultz Architecture - - 16E2~J The Contract was approved by the BCC on October 11, 2005; Agenda Item (16 )(E.)(2). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Please advise me when it has been forwarded. If you have any questions, please contact me at extension 8990. Thank you. cc: Ron Hovel!, Facilities Management 16E2 ~ Contract 05-3852 "Design and Related Services for the South Regional Library" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this LL- day of d~ 200S by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Schenkel Shultz Architecture, authorized to do business in the State of Florida, whose business address is 2640 Golden Gate Parkway, Suite 112, Naples, Florida 34105 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Architectural and Engineering services of the CONSULTANT concerning design and related services for the South Regional Library (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise In the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: PSA ARTICLE ONE CONSULTANT'S RESPONSIBILITY - - 16E2' 1.1. CONSULTANT shall provide to OWNER professional Architectural and Engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates James Waterman, AI.A ,a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote PSA 2 whatever time is required to satisfactorily manage the services to be provided and performed by 16E2 the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that wi/I be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. PSA 3 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 16E; 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement _ EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and PSA 4 _ '_'W"_'~~'"""__"___'_""_____' .., ,'___'_,_._. Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Fai/ure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: - - 16E 2- 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. PSA 5 2.3 Providing renderings or models for OWNER'S use. 16E2 2.4 Investigations and studies involving detai/ed consideration of operations, maintenance and overhead expenses; the preparation of feasibi/ity studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customari/y furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter PSA 6 16-- E2 referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSUL TANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibi/ity and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and PSA 7 16E21 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. PSA 8 16 F;I Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies avai/able to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other PSA 9 16E2 technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. eONSUL TANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents avai/able for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by eONSUL TANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. PSA 10 ARTICLE EIGHT INDEMNIFICATION 16[21 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibi/ity and risk of CONSUL TANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this PSA II . -.. Project, and the "Other Insurance" provisions of any policies oli~d ~ 2 · CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVleES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. PSA 12 16[2- 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the number of total hours noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified In Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. PSA 13 - ... ARTICLE ELEVEN WAIVER OF CLAIMS 16E2 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S fai/ure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar day's written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and PSA 14 16[2" CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar day's written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such PSA 15 16 ~ 5 2' default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5) (a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be PSA 16 16E2-- adjusted to exclude any significant sums, by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director Fax: 239-732-0844 PSA 17 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United 16 E 2" States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Schenkel Shultz Architecture 2640 Golden Gate Parkway, Suite 112 Attention: Gary Krueger, AlA Telephone: 239-434-2400 Fax: 239-434-2133 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable or otherwise transferable In whole or In part, by eONSUL TANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. PSA 18 "..-."--..-____k,_... 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. t6E2" 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS PSA 19 ARTICLE EIGHTEEN APPLICABLE LAW 16E2' 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSUL TANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2) (a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public PSA 20 - - 16 ., work; may not submit bids, proposals, or replies on leases of real E 2 property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. PSA 21 . ".... . 16E211 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for "Design and Related Services for the South Regional Library" the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, ~w.~ By: Fred W. Coyle, Chairman Approved as to form and le~y: ..-----? / Robert N. Z cnary Assistant County Attorney Schenkel Shultz Architecture 6 9' &.u-<</a cL- By Witness ' a G~ t1~~. Witness Gary F. ueger, Principal Typed Name and Title ----- PSA 't,::L:g~~'l ;'l tn~~~c ~ I" . ., '. ~9-=U:O_S ! I : 'i',;:Cd JJ~-I_-q5 ; , II.' ~ ,\.~. "L; ,pl;i~~u;:r:::.-- .-----.J' 1ft.~..,!S_. 22 ,"--.' _._.._._.~'''._----..~_._~~--<.."."._~--'".. .-- .'. ,... -__._~. ." ,__,_-,.,nM""'__'__.__, 16E2-: SCHEDULE A SCOPE OF SERVICES SCOPE OF SERVICES 1. DESCRIPTION OF PROJECT: 1.1. This Project is located on Lely Cultural Parkway, between Edison Community College and Lely Elementary School (parcellD 55425014105) on an approximately 20- acre County-owned parcel. 1.2. This Project consists of the construction of: approximately a 30,000 - 32,000 square foot library building adjacent to a proposed Emergency Services Complex (ESC). The site civil engineering and Site Development Plan will be coordinated for both the library and ESC. 2. PROGRAM VERIFICATION: 2.1. CONSULTANT shall review the OWNER'S program documents and design guidelines, to ascertain the requirements of the Project and shall either meet the design requirements set forth therein or CONSULTANT shall submit a written request for variance, identifying specific exceptions. OWNER may, at its discretion, accept or reject the request for variance. CONSULTANT shall prepare and submit a report on the program for OWNER'S review and approval. 2.4 CONSULTANT shall review the OWNER'S budget and any applicable cost estimates as compared to the OWNER'S program documents. The CONSULTANT shall confirm in writing to the OWNER whether the Project can be designed and successfully constructed within the limits of the OWNER'S budget and program constraints. 3. SCHEMATIC DESIGN: 3.1. Based upon the mutually agreed-upon Project program, schedule and budget by OWNER and CONSULTANT, CONSULTANT shall prepare, Schematic Design Documents in compliance with OWNER'S design guidelines for approval by OWNER. OWNER'S acceptance of Schematic Design Documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of this Project. 3.2. CONSULTANT shall work with the Project Manager and other users of the Project to meet design requirements and identify the areas within the facility design which offer the greatest potential for the elimination of unnecessary costs. OWNER'S design guidelines shall not be eliminated as value engineering items. 3.3. CONSULTANT shall prepare a master site plan that identifies future program changes impacting site development and physical expansion with particular emphasis on curriculum, accessibi/ity (including all ADA requirements), growth trends, traffic separation, safety, and facility improvements. PSA 23 3.6 3.7 3.8 3.4 CONSULTANT'S final Schematic Design submittal and presentation shall include, !ut~tE 2 be limited to, the Schematic Phase requirements found in OWNER'S design guidelines. If the Project is at an existing facility, the CONSULTANT shall prepare a minimum of three (3) phasing options, with input from the OWNER and Contractor and as part of Schematic Design Phase. This approach to design and construction shall be phased during continued operation of the facility while identifying the best schedule and optimal cost for construction. 3.5. CONSULTANT shall conduct a pre-submittal document review meeting with the OWNER'S Project Manager prior to submission of the Schematic Design Documents. CONSULTANT shall be required to conduct at least one formal presentation at completion of this phase to demonstrate how OWNER'S previously submitted comments have been incorporated into the design documents. All Schematic Design Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Schematic Design Phase, CONSULTANT shall submit the Schematic Design Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 14 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Schematic Design Documents as required by OWNER in order to obtain OWNER'S written approval and authorization to proceed to the Design Development Phase. As part of Basic Services, CONSULTANT will be required to provide OWNER with a cost estimate as part of the Schematic Design Documents, together with a written explanation for all variances between that cost estimate and OWNER'S approved Project construction budget. The cost estimate format shall be subject to OWNER'S approval and may require electronic submission of cost estimate information. If CONSULTANT'S cost estimate or any other estimate prepared by or for OWNER based upon the Schematic Design Documents indicate that construction costs will exceed OWNER'S approved Project construction budget, CONSULTANT shall revise the Schematic Design Documents to bring them within OWNER'S approved Project construction budget. CONSULTANT shall be solely responsible for all costs and expenses which it may incur in revising the Schematic Design Documents to bring them within OWNER'S approved Project construction budget. If OWNER requires a detai/ed construction cost estimate from CONSULTANT, such estimate shall be provided as an Additional Service. 4. DESIGN DEVELOPMENT PHASE: After OWNER'S review and approval of the Schematic Design Documents and issuance of OWNER'S written authorization to proceed, CONSULTANT shall commence the Design Development services and perform the following: 4.1. Develop design documents to a level of definitiveness and detail to fix and describe the size and character of the various Project components and each Project discipline and system as may be appropriate for this stage of development, including long lead and special order materials and equipment. PSA 24 4.6. 4.7. 4.8 4.9 4.10. 4.11 4.12. - - 4.2. Continue developing the architectural, civil, structural, mechanical, electrical, seculy,6 E 2 and other discipline's responsibilities that establish the final scope and details for that discipline's work. 4.3. Perform materials research and prepare specifications specific to Project requirements in draft form. 4.4. Identify and properly coordinate the requirements of the various utility services that have an impact upon the Project Design. Drainage investigations and drainage designs shall be coordinated with storm water management district having jurisdiction on the site. 4.5. Work with the OWNER'S Project Manager and other users of the Project to meet design requirements and identify the areas within the facility design, which offer the greatest potential for the elimination of unnecessary costs. OWNER'S design guidelines shall not be eliminated as value engineering items. Evaluate alternative ideas in terms of their feasibility to construct, time and cost. Develop selected alternative ideas in detail with emphasis on their technical durability, constructability and life cycle cost. CONSULTANT'S final Design Development submittal and presentation shall include, but not be limited to, the requirements found in OWNER'S design guidelines. CONSULTANT shall prepare and submit with the Design Development Documents a quality assurance/quality control (QAlQC) itemized checklist such as "RediCheck" interdisciplinary review system or similar, confirming that the Design Development Documents submittal is in compliance with the OWNER'S program submission requirements and that all project design disciplines have been coordinated. CONSULTANT shall conduct a pre-submittal document review meeting with the OWNER'S Project Manager prior to submission of the Design Development Documents. CONSULTANT, may be required, to conduct at least one presentation at completion of this phase to demonstrate how OWNER'S previously submitted comments were incorporated into the design documents. All Design Development Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Design Development Phase, CONSULTANT shall submit the Design Development Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 14 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Design Development Documents as required by OWNER in order to obtain OWNER'S written approval and authorization to proceed to the Construction Documents Phase. As part of Basic Services, CONSULTANT will be required to further develop and update the cost estimate as part of the Design Development Documents and bring to OWNER'S attention in writing any variances between that updated cost estimate and OWNER'S approved Project construction budget. Cost estimate format shall be subject to OWNER'S approval and may require electronic submission of cost estimate information. If CONSULTANT'S updated cost estimate or any other estimate prepared by or for OWNER based upon the Design Development Documents indicate that construction PSA 25 - ... costs will exceed OWNER'S approved Project construction budget, OWNER ma~leQ tE 2! modify its budget and/or require CONSULTANT to revise the Design Development Documents to bring them within OWNER'S approved Project construction budget. CONSULTANT shall be solely responsible for all costs and expenses which it may incur in revising the Design Development Documents to bring them within OWNER'S approved Project construction budget. 5. CONSTRUCTION DOCUMENTS: After OWNER'S review and approval of the Design Development Documents and issuance of OWNER'S written authorization to proceed, CONSULTANT shall commence the Construction Documents services and perform the following: 5.1. Prepare final calculations, Construction Documents setting forth in detail each discipline's requirements into a cohesive whole based upon the approved Design Development Documents and consultations with OWNER'S Project Manager. 5.2. Prepare final quality assurance/quality control (QAlQC) itemized checklist such as "RediCheck" interdisciplinary review system or similar, confirming that the Construction Documents submission is in compliance with the OWNER'S program submission requirements and that all project design disciplines have been coordinated. 5.3. Complete the Project Manual in accordance with OWNER'S design guidelines. 5.4. Prepare and file all applications, data and documents required to obtain the approval of all authorities having jurisdiction over the Project, including any applicable storm water management districts and State and local fire marshals. This shall be accomplished at the appropriate time, but not later than the ninety percent (90%) completion point of this phase. To insure the timely approval of all permits necessary for the construction of the Project, including all environmental permits, CONSULTANT shall advise OWNER and schedule the necessary contacts and liaison with all authorities having permit jurisdiction over the Project, and shall furnish, on a timely basis, such plans, data and information as may be necessary to secure approval of the required permits. CONSULTANT shall, at no additional cost to OWNER, make all reasonable and necessary revisions to the Construction Documents required to obtain the necessary permit approvals for construction of the Project. 5.5. CONSULTANT shall update the campus Master Plan drawings to reflect the current as bui/t condition related to the overall Master Plan goals. 5.6. All Construction Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Construction Documents Phase, CONSULTANT shall submit the Construction Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 14 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Construction Documents as required by OWNER to obtain OWNER'S written approval of such documents. 5.7. As part of Basic Services, CONSULTANT will be required to further develop and update its cost estimate as part of the Construction Documents, and notify OWNER in writing of any variances between that updated cost estimate and OWNER'S approved Project construction budget. If CONSULTANT'S updated budget estimate or any other estimate ~A u 16E2' prepared by or for OWNER based upon the Construction Documents indicate that construction costs will exceed OWNER'S approved Project construction budget, OWNER may elect to modify its budget and/or require CONSULTANT to revise the Construction Documents to bring them within OWNER'S approved Project construction budget. CONSULTANT shall be solely responsible for all costs and expenses which it may incur in revising the Construction Documents to bring them within OWNER'S approved Project construction budget. 5.8 As used herein, the term "Construction Documents" refers to all documents to be prepared by and for CONSULTANT pursuant to this Agreement with respect to the construction of the Project, including, but not limited to, all drawings, specifications, bid documents, Project Manual, contract conditions, and Addenda. 6. BUILDING PERMIT PHASE 6.1 CONSULTANT is responsible for cooperating with and providing assistance to OWNER and Contractor with respect to the applicable bui/ding permit application process and the issuance of all necessary and required permits for the Project. 6.2 As part of the building permit application package, the CONSULTANT shall provide the applicable bui/ding permit office with the number of complete sets of signed and sealed Construction Documents and all other bidding documents prepared by the CONSULTANT as indicated in the Deliverable Schedule set forth in OWNER'S design guidelines. Each of the drawings and the cover sheet of the Project Manual shall be signed, sealed, and dated by the CONSULTANT. 7. BIDDING PHASE CONSULTANT shall cooperate with and assist OWNER during the Bidding Phase as hereafter provided with respect to the selection of the Contractor: 7.1. CONSULTANT shall provide the OWNER'S Project Manager with one electronic copy of the Construction Documents and all other bidding documents prepared by or for CONSULTANT. Dependent upon the Project schedule, the Bidding Phase may take place prior to or concurrently with review of the Construction Documents. Accordingly, CONSULTANT may be required, as directed by OWNER, to provide bidders with design documents and other bidding documents prior to one-hundred percent (100%) final approved Construction Documents. 7.2. CONSULTANT shall assist OWNER in reviewing, evaluating and advising OWNER regarding bids. CONSULTANT shall attend the pre-bid conferences and shall be responsible for developing and providing to OWNER any addenda to the Contract Documents that result from those conferences. The CONSULTANT shall make a written recommendation to the OWNER with respect to the OWNER entering into an agreement with the apparent Successful Bidder. 7.3. CONSULTANT shall prepare any required addenda to the Construction Documents and submit addenda for OWNER review and approval. CONSULTANT shall respond only to questions or requests for clarifications concerning the Construction Documents submitted in writing by OWNER. Written questions by bidders during bidding shall be answered by PSA 27 - ~ the CONSULTANT through the issuance of an Addendum through the Owner's Purchasing Department. 16E2 8. CONSTRUCTION PHASE: 8.1. CONSULTANT shall keep OWNER apprised of all contacts and/or communications between CONSULTANT and Contractor. OWNER shall be copied on all correspondence between CONSULTANT and Contractor. All contacts and/or communications between CONSULTANT and the various subcontractors shall be routed through Contractor. 8.2. During the Construction Phase, CONSULTANT shall provide the following services: 8.2.1. Prepare a list of required submittals for shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which will indicate specification section number and section name (CSI Format) per Project Manual Table of Contents. 8.2.2. Process, review, respond and distribute shop drawings, product data, samples, substitutions and other submittals required by the Construction Documents within fifteen (15) business days. 8.2.3. Maintenance of a master fi/e of all submittals, including submittal register, made to CONSULTANT, with duplicates for OWNER. OWNER'S copy shall be in electronic/CD format and submitted at time of Substantial Completion. 8.2.4. Construction field observation services consisting of visits to the Project site as frequently as necessary, but not less than once every week, to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Construction Documents. When CONSULTANT discovers portions of the Work which do not conform to the Construction Documents, CONSULTANT, shall have the authority and duty to reject such Work. Provide a written report of each visit, within five (5) business days from the CONSULTANT'S site visit, to the OWNER'S Project Manager. This field observation requirement shall apply to any subconsultants or subcontractors of CONSULTANT at appropriate construction points. 8.2.5. CONSULTANT, as representative of OWNER during construction, shall advise and consult with OWNER. Through its on-site observations of the Work in progress and field checks of materials and equipment, CONSULTANT shall endeavor to provide protection for OWNER against defects and deficiencies in the Work of Contractor and the various subcontractors of Contractor. 8.2.6. Prior to the first Application for Payment, the CONSULTANT shall review the Contractor's Schedule of Values and recommend adjustments. Based on such observations at the site and on the Applications for Payment submitted by the Contractor, CONSULTANT shall recommend the amount owing to Contractor and shall acknowledge the Application for Payment initially completed by the Contractor for such amounts. The issuance of PSA 28 - ,.~.....-.. .,.- ._."."_._~.~--",_._---~- - . Certificate of Payment shall constitute a representation by CONSUL lJ? E ~ to OWNER that: (i) the Work has progressed to the point indicated; (ii) that to the best of CONSULTANT'S knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents subject to minor deviations from the Construction Documents correctable prior to completion, and to any specific qualifications stated in the Application for Payment; and (iii) Contractor is entitled to payment in the amount certified. 8.2.7. CONSULTANT shall review claims for extra compensation, or extensions of time from Contractor, make written recommendations to OWNER within five (5) business days concerning validity, and prepare responses for OWNER. 8.2.8. CONSULTANT shall be, in the first instance, the interpreter of the requirements of the Construction Documents. CONSULTANT shall render opinions on all claims of Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. CONSULTANT'S decisions in matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to OWNER'S approval. CONSULTANT shall review for comment or approval any and all proposal requests, supplemental drawings and information, substitutions, value engineering suggestions and change orders. 8.2.9. Prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by Contractor or OWNER as required by construction exigencies. CONSULTANT'S response to any such request must be received by OWNER and Contractor within five (5) business days. CONSULTANT will review and respond to all submittals from Contractor, including but not limited to shop drawings, within a reasonable period of time so as not to delay the progress of the Work, but in no event, more than five (5) business days, unless OWNER expressly agrees otherwise in writing. Review of Contractor's submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of Contractor as required by the Contract Documents. CONSULTANT'S review shall not constitute approval of safety precautions or, unless otherwise specifically stated by CONSULTANT, of any construction means, methods, techniques, sequences or procedures. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. 8.2.1 O. CONSULTANT shall have authority to reject Work which does not conform to the Construction Documents. Whenever, in its reasonable opinion, CONSULTANT considers it necessary or advisable to insure the proper implementation or the intent of the Construction Documents, subject to OWNER'S prior written approval, CONSULTANT will have authority to require special inspection or testing of any Work in PSA 29 1- -- accordance with the provisions of the Construction Documents whethe~rE 2 not such Work be then fabricated, installed or completed. 8.2.11. CONSULTANT shall review and provide written comment upon all Change Orders requests by the Contractor, as well as any cost estimate associated with a Change Order request, prepared by Contractor. Upon agreement by the OWNER, the CONSULTANT shall prepare and provide Change Orders or Work Change Directives to the OWNER in accordance with the OWNER'S Administrative Procedures for approval and issuance to the Contractor and revise the Construction Documents accordingly. 8.2.12 CONSULTANT shall submit to the applicable building permit office the number of sets of drawings and/or documents reflecting the approved changes in the Work as may be required by that office. Code compliance issues must be approved by the applicable bui/ding permit office prior to inspection of the subject Work. 8.2.13. CONSULTANT shall review the Project schedule, subcontractor construction sChedule(s), schedule(s) of shop drawing submittals and schedule(s) of values prepared by Contractor and advise and/or recommend in writing to OWNER concerning their acceptability. 8.2.14. CONSULTANT shall attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, pre- closeout meetings and other Project-related meetings, and provide the official meeting minutes for these meetings. The CONSULTANT'S official meeting minutes will be in addition to any meeting agenda, or meeting minutes prepared by the Contractor. 8.2.15. Advise OWNER of facts known to CONSULTANT which may constitute an event of default on the part of the Contractor under the Contract Documents, and advise and make recommendations to the OWNER with respect to the remedies available to the OWNER under the Contract Documents. 8.2.16. Review and comment upon, without assuming any liability for, Contractor's quality control program. 8.2.17. Review the Work to confirm that the plans and faci/ity comply with the current Florida Building Code, and maintain a copy of the current Florida Building Code at its office for review by Contractor. Report any discrepancies observed or noted to OWNER. The applicable building permit office will prepare and issue the Certificate of Occupancy at the appropriate time to the Contractor, on the form approved by OWNER . 8.2.18. CONSULTANT shall manage the OWNER'S Project closeout process. Upon notice from Contractor, and with the assistance of OWNER, CONSULTANT shall conduct the Substantial Completion inspection and if appropriate issue the Certificate of Substantial Completion. Review and comment upon, and supplement as appropriate, the punch lists to be prepared by Contractor. Notify Contractor in writing of work not complete. PSA 30 _~'_'M'_""'_'_'_,_,_,____""______,,...~_;. 8.2.19. Upon notice from Contractor, conduct final inspections and assist OWNER in final acceptance of Project. If appropriate, issue the Certificate of Final Inspection on the form approved by OWNER . 8.2.20. Evaluate all testing results and make recommendations to OWNER. 16E2 8.2.21. Review for compliance with Contractor's obligation under the Contract Documents, all operation and maintenance manual submittals, prior to submittal to OWNER8.2.22. Schedule via OWNER and visit with OWNER and Contractor the facility at initial occupancy and at six (6) and eleven (11) months after issuance of the Certificate of Substantial Completion. During each facility visit, CONSULTANT shall observe, troubleshoot and advise in the operation of building systems. This shall not relieve CONSULTANT of its obligation to make other visits to the facility based on need should specific issues arise. 8.2.23. After Contractor provides CONSULTANT with its marked-up "As-Built" drawings and specifications, CONSULTANT will revise the final approved Construction Documents to incorporate all "As-Built" information contained in the Contractor's marked-up "As-Built" drawings and specifications, as well as to reflect all addenda, contract changes and field changes (sometimes referred to herein as the "Record Documents"). CONSULTANT shall provide OWNER with one (1) electronic copy on compact disk (CD) of the Record Documents, two sets of the conformed, signed and sealed drawings and prints, and two sets of the conformed Project Manual/Specifications signed and sealed. 8.2.23.1The electronic copy on CD of the Record Documents shall be provided in AutoCAD.dwg format, "purged and bound", and compatible with OWNER'S system. 8.2.23.2 Throughout the Construction Phase, CONSULTANT shall review Contractor's marked-up "As-Built" drawings and Project Manual/Specifications, on a regular basis, and at least monthly prior to certification of Contractor's monthly payment application, to verify that Contractor is regularly updating the "As-Builts." 8.2.24. Consult with, and recommend solutions to, OWNER during the duration of warranties in connection with inadequate performance of equipment, materials or systems under warranty. 8.2.25. Submit a faci/ity and equipment review schedule to OWNER at the time of Substantial Completion. Perform reviews of facilities and equipment prior to expiration of warranty period(s) to ascertain adequacy of performance, materials, systems and equipment. Submit a written report to OWNER. 8.2.26. Document noted defects or deficiencies and assist OWNER in preparing instructions to Contractor for correction of noted defects. 8.2.27. The CONSULTANT, upon final acceptance of the Project, shall issue and sign the Certificate of Final Inspection on the form approved by OWNER PSA 31 9. DELlVERABLES: - 16E; CONSULTANT shall furnish documents in type, format, version and quantities indicated in the OWNER'S design guidelines. 10. SERVICES RELATING TO ALL PHASES: 1 0.1. CONSULTANT'S design documents shall be consistent with OWNER'S program (including OWNER'S design guidelines) at all phases of design unless expressly authorized otherwise in writing by OWNER. 1 0.2. CONSULTANT shall submit to OWNER design notes and computations to document the design conclusions reached during the development of the Project design as requested by OWNER. 10.3.1. The design notes and calculations shall include, but not be limited to, the following data: 10.3.1.1 10.3.1.2 10.3.1.3 10.3.1.4 10.3.1.5 10.3.1.6 10.3.1.7 10.3.1.8 10.3.1.9 10.3.1.10. 10.3.1.11 10.3.1.12 10.3.1.13 Design criteria used for the Project; Lighting calculations; Structural calculations; Drainage calculations; Acoustical calculations; HVAC calculations; Security and communications calculations; Calculations as required by provisions of the Florida Energy Conservation Standards Act (Department of Community Affairs), latest revision; Thermal Efficiency Standards (Florida Energy Efficiency Code for Building Construction, Department of Community Affairs, F.S. 552.900) Life Cycle Costs (Florida Administrative Code and F.S. 235.26) Calculations showing probable cost comparisons of various alternatives considered; Documentation of decisions reached resulting from meetings, telephone conversations or site visits; and Other Project related correspondence as appropriate. 10.4 All drawing documents for the Project shall be accurate, legible, complete in design, suitable for bidding purposes and in conformance to OWNER'S design guidelines. Documents shall be furnished in accordance with the Deliverable Schedule. 10.5. At the time this Agreement is executed, CONSULTANT has reviewed the form of contract to be entered into between OWNER and Contractor. In addition to all other Basic Services to be provided by CONSULTANT hereunder, CONSULTANT agrees that any other services noted within the contract between OWNER and Contractor to be provided by CONSULTANT are hereby incorporated by reference into the Basic Services to be provided by CONSULTANT hereunder. Any changes to the form of contract between OWNER and Contractor from that reviewed by CONSULTANT, which increase the scope of Basic Services otherwise required of CONSULTANT, wi/I entitle the CONSULTANT to an equitable adjustment to the Agreement for such Additional PSA 32 -'.._--".-._._,..~----_._-_.._---_..,-,._, Services, if CONSULTANT requests such adjustment in accordance with the requirements of this Agreement. 16E~ 10.6. OWNER in no way obligates itself to check CONSULTANT'S work, and further, is not responsible for maintaining the Design Schedule. 10.7. OWNER'S approval or acceptance of any service in any phase does not relieve CONSULTANT of any of its duties, obligations or responsibilities under this Agreement. 10.8. CONSULTANT'S attendance at any partnering sessions with Contractor is mandatory and included within Basic Services 10.9. CONSULTANT acknowledges that OWNER has established a construction budget of six million, four hundred and forty-nine thousand dollars, ($6,449,000.00), which may be subject to adjustments, as approved by OWNER in writing. CONSULTANT agrees to perform professional services for the Project, in accordance with the terms and conditions set forth herein, for design of the Project at a total construction cost to OWNER which does not exceed the above noted OWNER'S budget. Evaluations of the Project budget and any estimates of construction cost prepared, reviewed or agreed to by CONSULTANT represent CONSULTANT'S best judgment as a CONSULTANT familiar with the construction industry. CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared, reviewed or agreed to by CONSULTANT. Notwithstanding anything herein to the contrary, CONSULTANT shall revise and modify the eonstruction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all bids from responsive and responsible bidders exceed OWNER'S construction budget, as said budget may be modified by OWNER, as provided for herein. All such revisions and modifications of the eonstruction Documents shall be subject to the review and approval of OWNER. PSA 33 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS 16E2 B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then- authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Board of County Commissioners, Collier County Florida Facilities Management Department, Building "W" 3301 Tamiami Trail East Naples, FI. 34112 Attention: Ron Hovell, P.E., Principal Project Manager 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM LUMP SUM FEE FOR: FEE 1. Program Verification Phase $17,668.50 2. Phase I - Schematic Design $70,674.00 3. Phase II - Design Development $117,790.00 4. Phase 111- Construction Document $235,580.00 5. Building Permit Phase $11,779.00 6. Bidding Phase $17,668.50 7. Construction Phase $97,176.75 8 6- Month Warranty Inspection $2,944.75 9. 11-Month Warranty Inspection $2,944.75 10. Electronic Record Documents $14,723.75 11. Reimbursable Expenses (estimate) $35000.00 TOTAL FEE (Total Items 1-11) $623,950.00 PSA 34 r 16 8.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Si~ hundred, tw~~ three thousand, nine hundred, fifty dollars and 00/100 Dollars ($623,950.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detai/ed invoice with supporting documentation. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a PSA 35 -._---~"~-,.._-_._--- maximum markup of 5% on the fees and expenses associated with such sUbcon!taQ! 2 and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. PSA 36 SCHEDULE B - A TT ACHMENT 1 CONSUL T ANT'S EMPLOYEE HOURL Y RATE SCHEDULE SCHENKELSHUL TZ Contract No. 05-3852 South Regional Library Collier County, Florida Project Director/Manager $110.00 Sr. Project Manager $110.00 Project Architect $100.00 Archi tect $85.00 CADD Operator $70.00 Specification Writer $110.00 Job Site Inspector $110.00 Clerical $42.5 0 - .... 16E2 SCHEDULE C PROJECT MILESTONE SCHEDULE 16E2 1. Upon the Notice to Proceed issued by OWNER, Program Verification Phase submittals shall be submitted to OWNER within 30 days after the date of such Notice. 2. Upon authorization by OWNER to commence the Schematic Design service, the Schematic Design Documents shall be submitted to OWNER within 45 days after the date of such authorization. 3. Upon authorization by OWNER to commence the Design Development service, the Design Development Documents shall be submitted to OWNER within 45 days after the date of such authorization. 4. Upon authorization by OWNER to commence the Construction Document service, the Construction Documents will be submitted to OWNER in two phases. The Construction Documents shall be submitted to OWNER at fifty percent (50%) completion within 45 days after authorization to commence the 50% Construction Documents. The Construction Documents shall one hundred percent (100%) completed and submitted to OWNER within 45 days after authorization to commence the 100% Construction Documents. 5. Construction Administration Phase Services to be provided in accordance with the terms of the Construction Contract and the Project Construction Schedule to be developed and provided pursuant to the Construction Contract to be within 420 days after receipt of permits. 6. During the Construction Administration Phase Services Consultant is to schedule with the OWNER and Contractor visits at the faci/ity at initial occupancy and at six (6) and eleven (11) months after issuance of the Certificate of Substantial Completion. PSA 38 ILl ~ U) ILl ....:J H :8 E-l o ILl g 0.. I o ILl ....:J 8 Cl ILl :r:: o U) GO o >- ... M o. .. o en o Q N <;::! .. o .... o. .. o GO Q Q N 't a ~ .. o <;::! .. o .... o. .. o 't .. o r-. Q Q N .... o. .. 0 't .. 0 M o. CD .. Q 0 Q <;::! N -0 a 0 >- t: ... a o. a M' bl 01 ~: ..I 01 ~ ns ... .c ::i - ns c o .- C) CD 0:: .c .... ::s o rn (II') o o "ll:t It) ..,. Q ...,.0 ON >- ... o. .. o *"'~I .. , 01 N, o. .. o t:! .. o .. 1/1 o o o o o tti o CCI ~ t- Z W > W I ... I ... !OI .~ r'E I :. QlIIl......... QI B e 0 1.5 .; .2' '~e '01 J;. III Ie QI QI.g IW (/) Q ... ... . 16E~ o o o c:i o o en ~ U .5 f '-" ::I e >::!:: o u e :eij~ ::I 01 .. e ... ti"~_1 e eo' o 0 0 ~ uU.QQI C) Q Q cO Q GO en ~ fl ::l ~I l.c' I ~I ,<I .1:1, "31 .c I/) (ij .:.: c' ~I u, 'I/) I 01 ::1 .~I i fa I , .. i.Q ~I <<I, I.~~' I Ql '0:: i.s , ::l ~I '1! ..., ..I 01 ...' UI Ql U .~, QlI 1/)1 I' all ..., <<I, (ij' 0::' i~i ._~ UI... Ql,o Pi: . ::l NO :g E MlIl ,;, Ql i.s ... c u .- elM "'0 c'o 81~ "E:t) 1IllQl ~I'o cu_ o ~I .2 il! "'I.Q <<1._ '1:1,...1 5i I jij E,S E .- o Ql u,o:: ~I o ILl B ILl :r:: o U) - ftI ... o t- ... u QI '0' .. a. 16Ej SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) eoverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be fi/ed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies wi/I not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in PSA 16ft the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the PSA 2 16E2 eONSUL TANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable X Not Applicable PSA 3 _ Applicable X Not Applicable - - 16E2 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodi/y Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury PSA $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 42 Each Occurrence Fire Damage $1,000,000 $ 50,000 - .. 16E, (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the eONSUL TANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No PSA 43 .. - ... (1) Automobile Liability Insurance shall be maintained by the CONSUL T ANT~oRh~ 2 ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liabi/ity, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate ---.2L $5,000,000 each claim and in the aggregate PSA 6 16E; (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and PSA 7 OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then eONSUL TANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured 16E; consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professionalliabi/ity insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER wi/I provide professional liability insurance, naming eONSUL TANT and its professional subconsultants as named insureds. END OF SCHEDULE D PSA 8 ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYY) 10/11/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR Al TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ..- PRODUCER Acardia, Inc. P.O. Box 885 Fort Wayne, IN 46801 ~0885 (Pl260-432-3400 (Fl260-432-2075 INSURERS AFFORDING COVERAGE INSURED Schenkel & Shultz, Inc., etal 1591 Hayley Lane, Ste. 201 Fort Myers, FL 33919 INSURER A: INSURER B: INSURER C: INSURER 0: INSURER E: Federal Insurance Company Cincinnati Insurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER ~~~~Y J~5%~~~ 'i?k!fEV,~JJ~~~~~ LIMITS LTR A GENERAL LIABILITY 3511-39-28 10/14/05 10/14/06 EACH OCCURRENCE $ 1000000 - X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 1000000 I CLAIMS MADE W OCCUR MED EXP IAny one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 1000000 GEN'L AGGREn LIMIT APn PER: PROOUCTS - COMP/OP AGG $ 1000000 I POLICY ~~RT LOC A AUTOMOBILE LIABILITY 7783-95-99 10/14/05 10/14/06 COMBINED SINGLE LIMIT c-- $ 1000000 r-X- ANY AUTO lEa accident) ALL OWNED AUTOS BODILY INJURY r-- $ SCHEDULED AUTOS (Per person) r-- r-- HIRED AUTOS BODILY INJURY I $ NON-OWNED AUTOS (Per accident) - ~ Comp 500 PROPERTY DAMAGE $ X Coli 500 IPer accidenll GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ~. ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY CCC4404601 10/14/05 10/14/06 EACH OCCURRENCE $ 7000000 ~ OCCUR D CLAIMS MADE AGGREGATE $ 7000000 $ =l DEDUCTIBLE $ RETENTION $ $ 7170-27-41 10/14/05 10/14/06 I WC STATU- I IOTH- A WORKERS COMPENSATION AND X -rnRy'i IMITS ER EMPLOYERS' LIABILITY E.l. EACH ACCIDENT $ 500000 E_L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE. POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: South County Libary. Certificateholder is included as Additional Insured as respects Commercial General Liability. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Board of Commissioners for DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Colier County, Florida NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1,- ... Naples, FL REPRESENTATIVES. AUTHORIZED REPRf'T~ " l)' r~ Ii,.. h, l- i' 'l>~~ I iN. -, K.t ~ ACORD 25-S (7/97) 45-30 SCH41060 - 052918 @ACORb CORPORATION 198E ......' October 7,2005 Board of Commissioners for Collier Colmty, Florida Naples, PI. P.O. Box 501130 Indianapolis, IN 46Z50 Phone 317~570.6945 Fax 317-579-6410 www.pdims.com Gentlemen: RB: Certificate of Insurance Schenkel &. Shultz, Inc. ArchitectslEngineers p'rofessional Liability PRomer: South Regional Library Pursuant to the request of the abov!) Named Insured, I have attached Ii Certificate of Insurance for your file. We are not pel1l1itted to name a sp~itic project on a Professional Liability certificatc, however, I have referenced it above for your convenience. [fyou have any questions, please do not hesitate to contact our OffiC6 Sincerely, (€~- ~Ai Lori~~ ~ LJH:ss Enclosure 16E~ 16E CERTIFICATE OF INSURANCE DATE 10/07/05 PRODUCER. 1lD8 CBRTlPICATB IS ISSUED AS A MATTER. OF INFORMATION ONLY AND CONFERSNO JUOHT UPON THE CBRTJFJCATBI!~~ r~ CBIlTlPICATE DO~I:l~T AMEND, PROFESSIONAL DESIGN INSURANCE R AI - -- "';OVF.RA ' A OR m l'lV . r:rp_c: r "W. COMPANIES AFFORDING COVERAGE MANAGEMENT CORPORATION COMPANY A Zurich American Insurance Company P.O. :BOX 501130 I..E11'liR INDlANAPOUS, IN 46250 Phone: (317) 570-6945 Fax: (317) 579-6410 COMPANY B LETI'BR INSURED COMPANY C Scheulte1 & Shul~ Ine. I..E'M'ER 1591 Hayley Lane, Suite 201 COMPANY D Ft. Myers, FL 33919 LBl'l'ER COMPANY E .I.EI1'ER. -.- COVERAG&s 1lD8lS TO CE.R.T1FYnIAT POl.lcms OP INSURANCE LISTED BBLOW HA VB BB2N ISSUED TO 1lIE INSURED NAME ABOVE r-OR TIm POLlCY PERIOD INDICATED. NOTWmJSTANDINO .ANY REQUIREMENT, TERM OR. CONDmON OF ANY CONTllACT OR OlliER. DOCUMENT WlTHRESPECT TO WHICH nus CERTlFlCATEMAY BBISSUED OR MAY PERTAIN, TIm INSURANCE.A.FFORDlID BY TIm POUCIES DESCRIBED HBREIN IS SUBJBCT TO ALL THE TERMS, BXCLUSION, AND CONUIION OF SUCH I>OUCIES. LlMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYl'B OF INSURANCE POUCYNUMBER POllCY I'OLlCY LIMITS l..TR. EFFECTIVB f!XP~~ON ruorg nA OENERAL lJABlLITY OENERALA.GGRBGATE $ [ ) COMMERCIAL OENERALUABILITY PRODUcrs.coMPIOPS AOOREOATE $ [ ) [ ]CLAJM MAPE [ l OCCURRBNCE PERSONAL It. ADVERTISING lN1UR.Y $ [ ] OWNER'S &; CONTRAc:roRS PROTECTIVE BACH OCCURENCB $ IH PlRBDAMAOE (ANY ONE FIRE) $ ENSB (ANY s: AUTOMOBILE LJABJUTY CSL $ [ 1 ANY AI1TO BODILY IN.JUR.Y S [ I AlL OWNED AuraS (pER PERSON) [ ) SCHBDUI..ED AuraS BODn.,y INJUJtY $ 1 ] HlR.ED AUTOS (PElt ACCIDENT) I l NON-OWNED AUTOS S [ ] GARAGB lJABJUTY PROPERTY' 1 DAMAGE COORBOATE EXCESS UABn.rrY IfACH [ ] UMBRELLA FORM OCCURRENC!! WORKERS' COMPENSATION STA'I'lJI'ORY AND $ (EACH ACCJDEN1) EMPI.OYliR. LIABIlITY $ (DlSEASB-POUCY lJMIT) $ (DISEASB-EACH :eMPLOYEE) A OTHER PROresSIONAL IJABILIIY EOC 9303224-03 22 Mzsr OS 22 Mlr 06 S200ooo0 lJMll EACH CLAIM AND lXl ARcmTECTS AND ENGINEERS $5000000 IN THE AOOREOATB I ) DESCRJP110N OF OPERAnONSJLOCATIONIVEHlCLESJSPECJAL ITEMS Deductible: $50,000 CERTIFICATE HOLDER SHOUlD ANY OF THE.ABOVB DESCRIBED POUCIES BE CANCELLED BEFOREnmEXPIRAnONDATETHBREOF, rnBlSSUlNGCOMPANY Board of Commissioners for WJJLBNDEAVOR TO MAlL 30 DAYS WRIITEN NOTICE TO TIm Collier County, Florida CERTIFICATE HOlDER NAMED TO 'IHE LBFT, BUT FAD...tJRE TO Naples, FL MAlL SUCH NOTICE SHAlL lMPOSENO OBllGATION ORlJABlUTY OF ANY KIND UPONnJE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATlVE ACOlW 2S-S (119S) ;t( ('\-- ~.r+-ta ~ \) J j I. l 1 16E21 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Schenkel Shultz Architecture hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "Design and Related Services for the South Regional Library" are accurate, complete and current as of the time of contracting. Schenkel Shultz Architecture BY: TITLE: 1"t2J1JC{r-'~ DATE: ,0/11/()t? I t '!i-_ PSA 9 - - 16E2 SCHEDULE F KEY PERSONNEL, SUBCONSUL T ANTS AND SUBCONTRACTORS SchenkelShultz Architectural Staff Personnel 0/0 of Time Project Director / Manager Gary F. Krueger 6% Sf. Project Architect James W. Waterman 17% Project Architect Samuel 1. Ferreri 28% Architect Thomas A. Mayo 15% CADD Operator Blaine Lind 14% Specification Writer Kim Bowman 1% Cost Estimator Tommy Sutton 3% Site Inspector Martin Miller 13% Clerical Carol Mennona 3% Consultants Structural TKW Consulting Engineers 5621 Banner Drive Fort Myers, FL 33912 Anticiuated Consultant Involvement uer Phase Schematic Design 1 % Design Development / 4% Construction Documents Construction Administration 1% Civil/Landscape TKW Consulting Engineers 5621 Banner Drive Fort Myers, FL 33912 Schematic Design Design Development / Construction Documents Construction Administration 5% 5% 2% Mechanical/Electrical/Plumbing / Fire Protection Matern Professional Engineering, P A 2070 McGregor Blvd., Suite 5 Fort Myers, FL 33901 Schematic Design Design Development / Construction Documents Construction Administration 4% 8% 3% Interior Design Wegman Design Group 6645 Willow Park Drive, Suite 100 Naples, FL 34109 Schematic Design Design Development / Construction Documents Construction Administration 1% 2% 1% 16 F3'. MEMORANDUM Date: November 04,2005 To: Darcy Waldron Emergency Management From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: State and Federally Funded Subgrant Agreement Agreement Number: 06BG-04-09-21-01-065 Enclosed please find four (4) originals of the documents as referenced above, (Agenda Item #16F3) as approved by the Board of County Commissioners on Tuesday, November 1,2005. Please forward to the appropriate party for signatures and return a fullv executed orif!inal to the Minutes and Records Department. If you have any questions, please call me at 732-2646 ext. 7240. Thank you. Enclosure I ORIGINAL DOCUMENTS CHECKLIST & ROU~ING SLIP 1 6 F 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu routin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin order 1. 2, 3. ORIGINAL SIGNATURE REQUIRED STATE WILL NOT ACCEPT STAMPED SIGNATURES 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PLEASE RETURN ALL 4 COPIES TO EMERGENCY MGT. '4Ii PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Phone Number Contact DARCY WALDRON 774-8000 Agenda Date Item was Agenda Item Number Approved by the BCC 1111105 16F3 Type of Document Number of Original Attached AGREEMENT Documents Attached 4 ORIGINAL COPIES INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the fmal ne otiated contract date whichever is a licable, 4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, 5, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware 0 our deadlines! 6, The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. N/A (Not A licable) I: Forms/ County Forms/ BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26,05, Revised 2,24,05 To: From: Date: Subject: Memorandum 2-10-06 Agreement #06BG-04-09-21-01-065 16F3 Attached is a fully executed copy of the above Agreement returned by the Florida Department of Community Affairs. The Agreement was approved by the Board of County Commissioners on 11/1/05 Item 16F3. Emergency Management Department 16F3 Agreement Number: 06BG-04-09-21-01-065 CSFA Number: 52008 CFDA Number: 97.042 STATE AND FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and COLLIER COUNTY, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENT A nONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (I) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement. (2) INCORPORA nON OF LAWS. RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. 16F3 (3) PFRIOn OF AGRFFMFNT This Agreement shall begin October 1, 2005 and shall end September 30, 2006, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MOmFTrATION OF rONTRA(~T Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each ofthe parties hereto, and attached to the original of this Agreement. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement. (5) RFrORnKFFPfNG (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-11 0, "Grants and Agreements with 1nstitutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-In, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2 (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 2 16F3 (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments B and B-1, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. Reasonable shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. Agents shall include but not be limited to, auditors retained by the Department. (6) AITnITRH21T1RFMFNTS For Fer1erel Fl1nr1s' (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements ofthis paragraph. o ~ 16F3 In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient r1irectly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 4 16F3 (f) pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy ofthe reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IP A) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Flnrir1e Stetnles. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. 5 16F3 f For St~tf': Fnnn<.:::' (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Flnri(Je Stetlltes, it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florirla St"tlltes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Flnrir1e Stetlltes This includes submission ofa reporting package as defined by Section 215.97(2)(d), Flnrir1e Stetlltes. and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Flnr;r1e Stetlltes, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florir1e Stahltes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities. Additional information on the Florida Single Audit Act may be found at the 6 16F3 following website: http'//www<tetp fll1s/fseo/stotl1tes html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient r1irectly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 An electronic copy shall also be submitted to the above office at the following address: :mnl1::1 r::1rri<.::h@r1C':~ .;::tMf': flllS. and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 40 I, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 7 16F3 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Florir1e Stelnles by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florir1e Stetnles. The IP A shall state that the audit complied with the applicable provisions noted above. (7) RFPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly financial reports, and with a close-out report. Semi-annual and end of year reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) Quarterly financial reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are December 31, March 31, June 30 and September 30. (c) The close-out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Department or arc not completed in a manner acceptable to the Department, the Department may withhold further payments until they arc completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. 8 16F3 (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment Band B-1 to this Agreement, and reported in the semi-annual and end of year progress reports. In addition to reviews of audits conducted in accordance with OMB Circular A-l33, as revised and Section 215.97, Florir1e Stetl1tes (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) IIARIT ITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Flnrir1e Stetl1tes. the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Flnrir1e Stetl1!es, agrees to be fully responsible to the extent provided by Section 768.28 Flnrir1e Stetl1tes, for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any 9 16F3 Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) nFFA1lI T If any ofthe following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (II), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (II) RFMFnlFS Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; 10 16F3 (b) of this Agreement; Commence an appropriate legal or equitable action to enforce performance (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: I. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TFRMTNATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florir1e Stetlltes, as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results II 16F3 commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. ( c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTTrF ANn rONTArT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Dee Giles, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: (850) 413-9940 Fax: (850) 488-7842 Email: r1ee ~;les@r1c" <tete flllS 12 16F3 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Den F SlImmers rFF f)lr~r:t()r Fm~rep.nr:y M~n::lep.mfmt 1101 Fe,t Temiem; Tre;1 F-l Neple, FI 1411? Telephone: ?19-774-ROOO Fax: ?19-77'i-'i00R Email: cl:m..illmmp.r~@r:()111p.re:()v net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address ofthe new representative will be rendered as provided in (13)(a) above. (14) SITRrONTRArTS '(the Rp.l'ipient ~lIh{'ontr~u"ts gny or all of the work reqnireclnnrler thi~ A~reementT 9 ropy of thp: pyp,c.utecl ~nh{'ontr~u..t mild he forwarded to the nepartrnent for review within tpn (1 m dllY' of exe,,"tion, The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (il) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the semi- annual and end of year progress reports submitted by the Recipient. For each snhcontr9l't, the Rf':dpipnt shall provicle 9 written datf':ment to the Oepartment as, to whpther that snhl'Ontr9l'tor is. ::I minority vendor. (15) TFRMS ANn rONnlTIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTArHMFNTS (a) All attachments to this Agreement are incorporated as if set out fully herein. 13 (b) In the event of any inconsistencies or conflict between the language of this 1 6 F 3 Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments Exhibit 1 - Funding Sources Attachment A - Budget Attachment B and B-1 - Scope of Work Attachment C _ Program Statutes, Regulations, and Program Requirements Attachment D - Reports Attachment E - Justification of Advance Attachment F - Warranties and Representations Attachment G _ Certification Regarding Debarment Attachment H - Statement of Assurances (17) FT fNnfNG/rONSJnFR A TTON (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed !!;101/i41 subject to the availability of funds. (b) By its execution of this Agreement, the Recipient authorizes the Department to pay on its behalf $2,847 for the recurring charges for the satellite communications service from the total allocation provided to Recipient of $105,806. In addition, the amount of $318 is deducted from the total allocation to reimburse the Department for payment of non-recurring satellite charges paid on behalf of Recipient. (c) Any advance payment under this Agreement is subject to Section 216.181(16), Florir1e Stetntes, and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-IIO, A-122 and the Cash Management Improvement Act of 1990. Ifan advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. / No advance payment is requested. An advance payment of $ is requested. 1. 2. 14 16F3 (d) After the initial advance, if any, payment shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The Recipient agrees to expend funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment B and B-1 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment offunds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days ofreceipt of notice from the Department. The amount offunds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after November I, 2006, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested. The Department may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above if authorized. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Department contact within thirty (30) days ofreceipt of the Award Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance within forty-five (45) days ofreceipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Department's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Department when the offer of additional funds is made. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in 15 16F3 securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Flnri,b St3tlltes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient c1oll3r for dllI.la.r from non-federal funds. Should the Recipient wish to carry forward into the fiscal year beginning October I, 2006 any unspent funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing with accompanying documentation detailing the exceptional circumstances requiring the need to the Department by June 30, 2006. At the Division's discretion, an amount not to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried forward under this Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the Recipient's base Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. All payments relating to the Agreement shall be mailed to the following address: rolli~r rOllnty R()~rn of r()mml~~i()nf'rs r/o Oepertment of Fmereency Meneeement 1l0l Fest Temiemi Treil P-l Neples FT 14l1? 16 16F3 (18) R FP A YMFNTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399"2100 In accordance with Section2l5.34(2), Flnrir1e Stel11leS, if a check or other draft is returned to the Department for collection, the Department must add to the amollnt of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VFNnOR P A YMFNTS Pursuant to Section 215.422, Florir1e Stetl1tes. the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florir1e Stel11tes The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANnARn rONI1TTTONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. 17 16F3 (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. ( c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.c. Section 12101 e.t.se.q..), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: I. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been 18 16F3 convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation offederal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a govemmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any ofthe statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed 'Certification Regarding Debarment, Suspension, Ineligibility And V oluntary Exclusion' (Attachment G) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Flnrir1e Stel11tps, or the Florida Constitution. OJ All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Flnrir1e Stetlltes (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Flnrir1e StetlltPS, and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the 19 16F3 employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (0) This Agreement may not be renewed or extended. (21) T ORIWING PROHTRITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure FOffi1 to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oftrus certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 20 16F3 $10,000 and not more than $100,000 for each such failure. (22) rOPYRIGHT PATFNT ANDTRAnFMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE ST A TE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accming under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) I FGAT AlTTHORI7ATlON The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 21 16F3 (24) ASSTTRANrFS The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RFrIPIFNT' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~- ~.~ BY: ,1''''''''11 l,,'<'.l~~ "~~&' .... . '~)'" " :: ,. 'f; ~r"". <__ :~ :-' .t.&(]}.,~~Y"r.;:lerk) .;,;:, ,:; : .. ...it<.:... 't,d".OtI '.': .. <> I fgnatJ~~~~~G}~'~' :~prove~~rm~1el~~CY By: Name and title: Fred Date: I r I ~ oS" FID# 59-6000558 Assistant County Attorney STATE OF FLORIDA DEPARTMEN~F ~ AFFAIRS BY: ~ ~ Name and Title: W rr~i8 Fll8ete Director c9-~( oCp Date: 22 16F3 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program -0- (Federal funds will be awarded at a later date) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable at this time. Federal funds will be awarded at a later date within this contract year. STATR RRSOTTR<CRS AWARnF.n TO THR RF.<CTPTF.NT PTTRSTTANT TO THTS Ar.RRFMFNT <CONSTST OF THF. FOT.T .0WTNr.. STTRT1iTT TO SR<cnON 21<; 97, FT.ORTnA STATTTTF.S. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: nepartmpnt of <Commnnity Affairs Catalog of State Financial Assistance Title: F.merrpn~y Manarempnt Programs Catalog of State Financial Assistance Number: 52illl8. State Financial Assistance: $105,806 (less $2,847 for satellite service for 12 months and $318 for non-recurring satellite charges paid by the Department on behalf of the Recipient. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florirla Statntps and Rule Chapter 9G-19, Florirla Ailminidr~1fivp. Corle 23 Attachment A Budget 16F3 The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDING/ CONSIDERA nON). A separate hlld~et form for the Rmergency Management Performftnl"p. (;ranf (FMP(;~ portion ofthi~ ~lIher9nt will he proviilerl when fllnrl~ are awarded hy the Oepartment Catp.~o'1' Salaries/Fringe Benefits Other Personal Services Expenses Operating Capital Outlay Fixed Capital Outlay Total State Funds (Page 14) Antidpaterl F.xpencliture Amount $ )0 000 $ 1 0 000 $ 44,R41 $ ?7 ROO $ $ 102,641 24 16F3 Attachment Band B-! Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G- 6, Flnrir1e Ar1ministretive rnr1e and Chapter 252, Flnrir1e Stetlltes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Department and attached hereto as Attachment B-1. Subsequent revisions during the term of this Agreement shall done by written modification in accordance with Paragraph (4) of this Agreement. 25 >< E-< 5 o u ~ ~ ....... .....:l .....:l o U t2tu-~ ~-I ~ o ~ ~ o ~ P-< o U r:/l 1..0 o o N I If) o o N >< ~ 16F3 :;, .LO "0 " ;> o .... 0- ~ J o --- iii ~ --- .... o ~ u " .... 6 II ~ .... ..s ..: o ., <' 'i3 .... o u8 ")i:! 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S o u - o Z ;;, OJJ '" S - en V <8 >- u <=: '" bJ) .... '" a '" <=: '" 0. o v ;> '" Q . Vi - <=: ~ o U 16F3 Attachment C Program Statutes, Regulations, and Program Requirements Prozrem Stel11tes 1. Chapter 252, Florir1e Stetlltes 2. Rule Chapters 9G-6, 9G-II, 9G-19 and 9G-20, Flnrir1e Ar1ministretive ror1e 3. Chapter 215.97, Florir1e Stetlltes 4. Chapter 287, Florir1e Stetlltes 5. Chapter 119, Florir1e Stetlltes 6. Chapter 112, Florir1e Stetlltes 7. OMB Circular A-87 8. OMB Circular A-133 9. 48 CFR, Part 31 Pro!:r::1m RpC}llirr>:mf':nt'\ (I) FQIJ1PMFNT ANn PROPFRTY MANAGFMFNT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (I) the State of Florida LeaselPurchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), and the Department, (a copy of which is available from the Department) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the Recipient and other sites. In particular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Department's State Warning Point (SWP) (850) 413-9910. B. That the Recipient will assist and comply with the instnlctions of the SWP and any technical service representative responding to the report or service request. 26 16F3 Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange permitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environnlent where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. 27 16F3 F. That any software supplied in connection with the use or installation ofthe equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Department to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part ofthe software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Department under this Agreement, or from any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part of the initial service order. 28 16F3 (2) NAWAS In the event the Recipient desires to continue use of the National Waming System (NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NA WAS line and equipment in the County. (3) VFHIrI FS Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Department has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this sub grant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMP A) Base Grant expenditures. (4) PROPFRTYMANAGFMFNT/PROrlJRFMFNT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-I02 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) rFRTIFJrA nONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-II, and 9G-19, Florir1e Ar1ministretive ror1e, Chapter 252, Florir1e Stetl1tes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMP A funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds 29 16F3 shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-19.002(6), Florir1e Ar1ministretive ror1e. 6) OTI-IFR rON])]TIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Department. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Management personnel and other personnel ~ if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving foodibeverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, Florir1e Stetlltes. 30 16F3 Attachment D Reports A. The Recipient shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department. B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due forty-five (45) days after termination of this Agreement. D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Flnrir1e Ar1mini,tretive ('nr1~, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Department not later than December 31,2005. ThE" Histori{'~1 Tnform~ti()n form ml1tO:t hE" prepflrpo ftnrlliOi~nprl hy ~n offici}ll ofthp County'''' Finftncp OfficE" E. In a format provided by the Department, a proposed staffing summary shall be submitted to the Department not later than December 31,2005. F. If all required reports prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (9), and Rule 9G-19.014, Flnrir1" Ar1mini,tretive rnr1e. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. H. All report formats provided by the Department shall be made available to the Recipient on the Division's Internet site and e h"rr1 cnpy will he m"iler1 with e flllly execllter1 cnpy nfthe A,erf'pmpnt 31 16F3 Attachment E JUSTIFICATION OF ADVANCE PAYMENT Recipient: Indicate by checking one of the boxes below, if you are requesting an advance, Ifan advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recIpient within the initial three months, ------------------------------" -------------------------------------------. :[ ] NO ADVANCE REQUESTED , , :No advance payment is requested. Payment 'will be solely on a reimbursement basis. No :additional information is required. , ,____ _ _ _ _ _________ ___ __________1 :[ ] ADVANCE REQUESTED , , , , , , , , , :needed to pay staff. and purchase start-up supplies and equipment. We : :~~~I~ ~<?.t.p~ ~~l~ ~o _op~rE-t~ ~h_e YEoJ;Ea~ \'y~h_o~~ t~i~ E-clv_a~c_e:. _ _ _ _ _ ~ , , ,Advance payment of$ is requested. Balance of : payments witl be made on a reimbursement basis. These funds are ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet DESCRIPTION (A) FFY 2003 (B) FFY 2004 (C) FFY 2005 (D) Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES! 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS I mivide line 2 bv line 1.\ First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they will assIst you. MAXTMTJM AnVANrF, ALLOWF,O rAT.TTT,ATTON: x s EMPA Award MAXIMUM ADVANCE (do not include match) RFQTlFST FOR WATVFR OF rAT,{:TTT.ATFT> MAXTMTTM I Recipient has no previous EMPA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than tbe Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. CellD3 32 16F3 ESTIMATED EXPENSES BUDGET CATEGORY 2005-2006 Anticipated Expenditures for First Three Months of Contract Salaries/OPS Program Expeuses TOTAL EXPENSES Explanation of Circumstances 33 16F3 Attachment F Warranties and Representations Fin:mr:i::.J M~n::ta~mp.nt ~ Recipient's financial management system shall provide for the following: (I) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. ('ompetitinn All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offer or whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offer or shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. l'llne:" nfc.nnnnd The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or 34 16F3 other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. T irpn<::.ine ~nrl pp.nnittin~ All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 35 16F3 Attachment G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (I) The prospective contractor of the Recipient, ' certifies, by submission of this document, 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 agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 36 16F3 ATTACHMENT H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-lID, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Also the Applicant assures and certifies that: I. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial 16F3 assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct ofInvestigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. II. It will comply with the provisions of28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality ofIdentifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, NondiscriminationlEqual Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environnlental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program ifrequired to maintain one, where the application is for $500,000 or more. 16F3 15.1t will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 11~¡ r ":,, ": MEMORANDUM Date: November 7, 2005 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: GOVMAX Budget Software Agreement Awardee: Sarasota County Governement Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16F6) approved by the Board of County Commissioners on Tuesday, November 1,2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (3) "'l.~"""".""'~')" ITEM NO,: ··,..···~····"""""'···..'··6"~· DATE l~D~_ .,. ,,~,¡-FiC!: Of- {HE c..UUNTY ATTORNEY 2805 Nav - I PH 2' 3 J FILE NO.: ROUTED TO: 05-..pR.C -tJõ 34-5; DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES DATE: October 25,2005 TO: Robert Zachary, Assistant County Attorney FROM: Linda Jackson Best, Contract Specla,list .Ji; Purchasing Department 70' DATE: November 1, 2005 RE: GOVMAX Budget Software Agreement Vendor: Sarasota County Government BACKGROUND OF REQUEST: Robert; The Sarasota County Agreement was on the October 25, 2005 Agenda, due to hurricane Wilma it was approved by the BCC on November 1, 2005; Agenda Item ( 16 )(F)(6), This item has been previously submitted under RLS05-PRC-Q0324, dated October 4, 2005 to your attention by Scott Johnson, You approved and returned the agreement back to Purchasing. There is no insurance required by Sarasota County, this is their agreement. Sarasota County developed this budget software and now sell it to other government agencies, This item was waived by Risk Management. ACTION REQUESTED: Please sign the Software Agreement (page 9) for Legal sufficiency. You will need to use your stamp, Sarasota County Attorney also signed the document. ...... ./1 n-- cc-/-P ~ 'S t {,. z......... OTHER COMMENTS: After your review and signature, please forward to the BCC for signature, Thank you! 16Fb Jeb Bush Governor M. Rony François, M.D" M.S.P.H., Ph.D, Secretary, Department of Health October 20, 2005 David Weigel County Attorney Collier County Collier Government Center, Bldg F 3301 E, Tamiami Trail Naples, FL 34112 Dear Mr. Weigel: Enclosed are four copies of the contract between Collier County Board of County Commissioners and State of Florida Department of Health for operation of the Collier County Health Department contract year 2005 - 2006. We are requesting your review ofthe State issued core contract and attachments as to form and legal sufficiency, Should the contract meet with your approval, please advise so we may submit the contract for Board of Commissioners approval. Please do not hesitate to contact me at 774-8206 if you should have any questions. Thank you for your assistance and time in this matter. Sincerely, "'" }'¡fA ~".'..'.' ·....v/ --...~ ¡ / / Joe Me*atesta , ,. /Business Manager .......> ¿<~..., r:':.J.") c:-. (""':) "'-{ !\:J -.. '--- ..:~ -..: Cc: Marla Ramsey Dr. Joan M. Colfer File :!:-e, '"-jC <::-; ,-::.) . .'1::0.' ! ........... .~ .¡;:... Q:> ----, 55-·. ;"5 I:, Joan M. Colfer, M.D., M.P.H., Director 3301 Tamiami Trail E · Bldg, H Naples, Florida. 34112-4961 Telephone (239) 774-8200 "BiW¡;II;,." Mailing Address: Post Office Box 429 Naples, Florida · 34106-0429 I Cóllier County Health Department Caring... C()mmitted..,He{pít'g...D~dicu'ed To the Welllles.r of 01" Community SARASOTA COUNTY HOSTED APPLICATION SERVICE AGREEMENT 16F6 '~ . THIS ~STED APPLICAT!9~ SERVICE AGREEEMENT, made and entered into this .f1L day of (,£,JIlu--2005 by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereafter referred to as "LICENSEE", and SARASOTA COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "LICENSOR". WITNESSETH: The Licensor hereby grants to Licensee a non-exclusive and non- transferable hosted application service agreement, hereinafter referred to as "License Agreement" to use the Governmental Enterprise Management System, hereinafter referred to as "GOVMAX". The GOVMAX system encompasses an integrated Capital Projects and Operating Budget system, This License Agreement covers the use of both of these systems used together or separately, Appendix I lists the acronyms and Appendix II lists definitions of terms used in this License Agreement. TERMS AND CONDITIONS A. Services Provided: 1, The service covered by this License Agreement is GOVMAX ("the Service"). Licensor agrees to provide access to its Operating and/or Capital Budget Systems and shall be deemed to have occurred when connection is made by electronic connection via the Internet on or before thirty (30) days following the commencement date of this License Agreement. Licensor will provide the following services. a, Provide Hardware platform, operating system, system application and database; b. Perform maintenance and operations control on the above mentioned system; c. Store data and conduct daily backups of database; d. Provide security of system and data; e. Provide training on the use of the system limited to the functions of the GOVMAX system and assumes knowledge of basic computing, Sixteen (16) man-hours of on-site training are included with Licensee being responsible for travel and living expenses for the two required instructors, Additional training shall be available at a daily rate of $1,200 plus travel and living expenses for the two required instructors; f. Provide help desk support to the Budget Manager and up to two (2) system administrators; g, Provide consulting services of up to 40 hours on database population and database field requirements. Specific field requirements will be provided by licensor under separate cover; 1. F' Provide views (data warehouse) appropriate to Licensee neeloP . ~ analysis and publication of up to 40 hours programmer time; After execution of this Agreement, custom reports are available once specific requirements are provided by Licensee, An estimate will be provided based on an hourly rate of $75,00. h, 2. Hours of Support, Supported services by Licensor will be made available during normal working hours (8:00 a.m, to 5:00 p,m., Eastern Time), The GOVMAX system will be available during extended hours on an unsupported basis with problems being resolved at the beginning of the next normal business hour cycle. Support can be made available during non-working hours upon agreement of Licensor's Administrative Agent, Extensions of hours to support services cannot be assumed Licensee as they may impact other systems, Data Center hosting support includes: a, Operations and Monitoring Services - Systems are each supported by an on-site operations team providing 24 x 7 continuous system monitoring; level 1 problem identification and resolution; escalation and notification; change and problem management; operating system security (when available); printer administration; password administration; data restores; vendor management; and batch scheduling and monitoring. b. System Administration Services - Systems are supported by an on- eall system administration team providing hardware/operating system installation, maintenance and upgrades, backup and recovery, hardware security, performance tuning and capacity planning, configuration management and data backup and restoration. c. Database Administration Services On-call database administration teams will support systems located within the Data Center. Services included by this team are: hardware and software review (memory, disk volumes, operating system levels and any additional software required); compatibility review with existing software; and technical support; MS SQL Server software installation; support and recovery documentation patch support; database backup software resolution; creation of database backup scripts; automatic notification of event conditions; automatic action on selected events (software failures); security reporting, and capacity planning monitoring (disk, memory, CPU, MS SQL Server licensing, etc.). Licensor will also perform upgrades and patches to the MS SQL Server Relational Database Management System, as published by MS SQL Server if determined to be appropriate by the System Administrator. d, Application Administration Services - On-call application administration service teams will maintain the GOVMAX 2 application within the test and production systems located withi16 F 6 the Data Center. e, Standard System Recovery Services - Licensor provides a variety of data and system recovery services, Some of these are provided as part of Sarasota County's Hosting Services, as described below. Others, such as Hot Stand-by and Cold Stand-by facilities, can be optionally provided as desired by Licensee, (i) The use of disk mirroring and off-site storage of backup tapes enable the restoration of service in the event the application database is corrupted and or damaged, The high-availability architecture enables business continuance, albeit at degraded performance, in the event that the primary computing resources are made inoperable. (ii) Licensor implements and maintains managed disk with a mirrored capability, This configuration is provided as a first level of data recovery. (iii) Licensee data will be backed-up daily. Licensor stores copies of all backup tapes in an off-site, environmentally controlled, secure archive. Off-site storage is cycled on a daily basis. This service is provided as a means to protect Licensee from total loss of data in the event of a significant site failure, (iv) All systems purchased by Licensor are equipped with dual power supplies and are provided with commercial power supported by separate uninterrupted power supplies. The Uninterrupted Power Supply (UPS) facilities are composed of battery back-up and diesel generators, The battery back-up services are sufficient to support power transition from primary power to the secondary power provided by the diesel generators. 3. Grant of License and Permitted Uses. GOVMAX shall at all times remain the property of Licensor. Licensor grants, and Licensee accepts, a non- exclusive, non-transferable software license ("the License") to use GOVMAX in accordance with the provisions of this Service Agreement. GOVMAX may only be used by Licensee's own personnel for the development of Licensee's operating and/or capital budget(s) and management use, Licensee agrees to take reasonable precautions to provide adequate security to use and provide access to GOVMAX only as pennitted by this License Agreement. 4. Prohibited Uses, Licensee recognizes that GOVMAX was developed by Licensor and that Licensor claims copyright protections in GOVMAX to the fullest extent provided by law and Licensee agrees that it will not 3 infringe upon or otherwise violate Licensor's copyright. Licensee s116 F 6 not sell, assign, license, sublicense, transfer, allow the use of, or otherwise convey any of its rights to the GOVMAX System provided under this Licens~ Agreement to any third party, any other governmental, or non- governmental entity without Licensor's prior written consent, which consent Licensor shall have the right to either grant or deny in its .sole discretion. S, Software and Licensing Requirements. In order to operate GOVMAX, additional software licenses may be required. It is the responsibility of Licensee to acquire all necessary licenses and to maintain sufficient numbers of licenses to operate GOVMAX and to satisfy all license agreement requirements by others, The following represent the minimum requirements of Licensee: a, Desktop computers or terminals with sufficient power to move large amounts of data over the internet; b, Internet access DSL or higher bandwidth; c, Software licenses for report writers (Crystal Reports) and web browsers (Internet Explorer 6.0); d. Security at the desktop or terminal location; e. All table data in Licensor's required format and media 6. Data Ownership. Licensor recognizes that Licensee is the sole owner of its data and as such will be provided with access to all databases as requested. Licensor recognizes that such data may contain material exempt from State of Florida Public Records Disclosure Act and will turn over to Licensee for response any request from a third party for access to or copy (ies) of said data. B. Term: The term of this License Agreement shall commence upon execution by both parties and shall continue for three (3) years thereafter, or such earlier date on which the term is cancelled pursuant to the provisions of this License Agreement. Provided the Licensee is not in default under the terms of this License Agreement, the Licensee may elect to renew the License Agreement for up to two (2) renewal periods of one (1) year each. The option to renew the License Agreement shall be exercised in writing not later than ninety (90) days prior to the end of the initial licensing period or the first renewal period and signed by Licensee or its authorized agent. The terms and conditions during such renewal period shall be the same, except the fee shall be adjusted as provided in Section C of this License Agreement. C. Payment of Fees: 1. Annual License Fee. Licensee agrees to pay to the Licensor at the address identified in this License Agreement, or other place as the Licensor may from time to time designate by notice in writing, a fee of 4 F6' $45,000 per annum for both the Operatine and Capital modules, or 16 . fee of$33,750 per annum for just one ofthese modules, 2, Fee Adjustment: The fee shall be increased annually on the anniversary date of the Commencement Date of the initial term hereof in direct proportion to the percentage increase in the cost of living as determined by the Consumer Price Index, D.S, City Average, all items (1967 = 100), published by the U.S. Bureau of Labor Statistics of the U.S, Department of Labor, or any revision equivalent thereto published by the Bureau; or three percent (3%) of the preceding year's base fee cost, whichever is less, If there ceases to be any such publication as the Consumer Price Index referenced above, some other substantially equivalent price index generally recognized as authoritative, may be substituted, provided that such index substitute is found to be mutually agreeable to the Licensor and the Licensee; provided that any such alternative index shall be appropriately reconciled to the 1967 base 100, The increased fee shall be determined by multiplying the preceding year's base fee cost by a fraction, the numerator of which shall be the index for the latest month published immediately prior to the beginning of the new term and the denominator of which shall be the index number for the same month one year earlier; or by multiplying the preceding year's base fee by three percent (3%), whichever is less, In no event shall the annual fee for any year decrease below the annual fee for the preceding year. Licensee's performance and obligation under this agreement is contingent upon an annual appropriation by its governing body. 3, From time to time Licensor will add optional functionality upgrades to GovMax, some of which may result in additional fees to be paid by the Licensee should the Licensee desire to acquire the upgrade, Licensor will announce the availability of any fee-based upgrades to Licensee and Licensee will have the option to refuse the new functionality. Should the Licensee desire to accept the new functionality, an invoice will be issued to the Licensee for the annual price of the upgrade on a prorated basis to cover the remainder of the current year. The following year's fee will be adjusted to include the price of the upgrade. The Fee Adjustment provision above will be applied to the upgrade in subsequent years, 4, The Licensee is a local government agency, therefore, the Licensee shall not be deemed in default for failure to pay the License fee, if the fee is paid in accordance with the terms of the Florida Statutes Chapter 218, The Florida Prompt Payment Act shall control as to the time by which such fee must be received by the Licensor. D, Termination of License Agreement: 1. If the Licensee is in material breach or default, including non-payment of any fees or invoices, which if curable, is not cured within thirty (30) days after receipt of the written notice of breach or default, then Licensor's Administrative Agent may terminate this License Agreement upon thirty (30) days prior written notice. 5 Immediately following tennination of this License Agreement, LilsD F 6 shall either destroy or return all manuals, templates and product software . -- provided by Licensor and certify in writing to the Licensor's Administrative Agent that the Licensee has destroyed any such materials, which have not been returned, 3, In the event Licensor terminates the delivery of services through the service bureau, or elects not to exercise the option to renew the License Agreement, Licensee may elect to purchase a copy of the system code described in the License Agreement, for the sole use of the Licensee, for a purchase price in the amount of $150,000 (one hundred fifty thousand dollars), payable within thirty (30) days from the date the purchase option is exercised. ,~ 2, 4, If the Licensor is in material breach or default, including failure to perform as provided in section A "Services Provided" which is not cured within thirty (30) days after receipt of the written notice of breach or default, then Licensee may terminate this License Agreement upon thirty (30) days prior written notice, E. Limited Warranty, Licensor certifies that it has a proprietary right and authority to license GOVMAX and that GOVMAX is the copyrighted product of Licensor. Licensor shall be responsible for any claim that GOVMAX infringes a u.S. patent or copyright or a third party's trade secrets; provided that: 1, Licensee promptly notifies Licensor in writing of the claim; 2. Licensor has sole control of the settlement or defense of any action against Licensee as to which this indemnity relates; and 3, Licensee reasonably cooperates with Licensor to facilitate such defense. Other than, the certification and Limited Warranty expressly stated in this Section (E), there are no express or implied warranties relating to GOVMAX covered by this License Agreement, including but not limited to warranties of merchantability or fitness for a particular purpose. F. Limitation of Liabilities: Licensor shall have no liability for any loss or liabilities resulting from any application of GOVMAX, or results, of such application by Licensee or any other party. Licensor's sole obligation and liability, if GOVMAX is defective or fails to conform to specifications, shall be to correct software- coding errors in the original code. In any event, Licensor's liability for any losses or damages which arise out of or in connection with GOVMAX services provided under this License Agreement, whether the claim is in contract or otherwise, shall not exceed the annual amount paid by Licensee for the particular licensed GOVMAX System as to which the claim arose, Under no circumstances shall Licensor be liable for special, incidental or consequential damages, including, but not limited to, loss of anticipated income or loss resulting from business disruption, even if Licensor has been advised of the possibility of such damages, 6 16F6 1.11 G, Applicable Law and Venue: 1. This License Agreement shall be deemed to be a Florida agreement and shall be governed as to all matters of validity, interpretation, obligations, perfonnance or otherwise, exclusively by the Laws of the State of Florida, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this License Agreement shall be deemed to have been delivered and accepted by the parties in the State of Florida, 2, Any and all suits or any claims or for any and every breach or dispute arising out of this License Agreement shall be maintained in the appropriate court of competent jurisdiction in Sarasota County, Florida. H. Licensor's Administrative Agent: The Licensor's Administrative Agent is designated to act on behalf of the Licensor and to administer the terms and conditions of this License Agreement. If necessary, a specific Administrator may be authorized to perform the duties and responsibilities of the Administrative Agent. The Licensor's Administrative Agent is James Ferguson, Business Manager, 1. Notices: Except as otherwise provided herein, all notices required or permitted under this License Agreement shall be made in writing and shall be deemed given and served when deposited in the United States Mail, postage prepaid and certified, directed as follows: If to Licensor: Sarasota County Government 1600 Ringling Boulevard Sarasota, Florida 34236 Attn: James Ferguson, Business Manager With copies to: Sarasota County Government 1600 Ringling Boulevard Sarasota, Florida 34236 Attn: Stephen D. DeMarsh Esq. County Attorney If to Licensee: Board of County Commissioners Collier County, Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, FL 34112 Attn: Stephen Y. Carnell,Purchasing/General Services Director With Copies to: Board of County Commissioners Collier County, Florida 3301 Tamiami Trail East, Building F, 2nd Floor Naples, FL 34112 Attn: Mike Smykowski, Budget Director Either party may change its address by giving written notice of such change. 7 16F6 ,~ J, Miscellaneous: 1. This License Agreement constitutes the entire agreement between the parties with respect to GOVMAX and the matters discussed herein and no prior contracts, representation, condition, understanding, or agreement of any kind, oral or written, shall be binding upon the parties unless incorporated into this License Agreement in writing. This License Agreement may not be modified or amended except in writing by mutual agreement by both parties, 2, If any provision of this License Agreement is deemed invalid or unenforceable, the remaining provisions shall not be affected thereby. The terms and conditions of this License Agreement shall prevail over any printed provision of any purchase order form used by Licensee to order the GOVMAX System. 3. This License Agreement contains and embodies all the representations, covenants and promises made by the parties hereto, and no modifications or amendments hereof shall be valid unless in writing and executed by the parties hereto, 8 IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first above written. WITNESS: Signed By~,:: ~ . . -' "'~~... f"'<"'<.._ ". _"¡'>~ _ \.~ '_ Date:~i~'1'" D? '...; '.' , t¡ _,~ _ -, "', ~- ..,~ t -~.~f.'\. .s' to f4t.......'.:.. : ".,: . .. . , '.' , \ooffitr:.n S It: Ur.'ionJ",'" ';- <i;~;~~T:·;~;w:.>·· APpr~;t~\·i.DCY , .Aøiata.nt Count)' Attorney LICENSEE (Board of County Commissioners, Collier County, Florida) Print Name: Fred W, Coyle ,~edBY: M'v. (,..~ Title: Chairman Date: Executed by the County Administrator Pursuant to Sarasota County Ordinance No, 2003-084, PrintN I/U 1:5 b: tJJF../!.~~ S' dBl4(.AtL ~ A!1)¡Ælj¿~ 19ne . Date: /è/Í;j¿ ç ( , APPROVED AS TO FORM AND CORRECTNESS: By: ~¿ 7Ãk-- ~ COUNTY ATTORNEY 9 16F6 -11 tl Item # L ltJ F t.D ~~:;da 11-1- D5 1SF 6 '. Appendix I ACLS Access Control List ASP Application Service Provider BIA Business Impact Analysis CPU Central Processing Unit GOVMAX Government Enterprise Management System DB Database HA Hi -Availability LAN Local Area Network SecOS Security Operating System SLA Service Level Agreement WAN Wide Area Network UPS Uninterrupted Power Supply VPN Virtual Private Network 10 Appendix II 16F6"~ Definitions Catastrophic Loss shall mean a condition in which the GOVMAX Data Center, or a portion thereof and the processing environments being hosted, are unavailable for a period greater than 120 continuous hours, The cause of catastrophic loss shall be limited to acts of war, acts of God, earthquake, flood, fires, explosions, riots, sabotage or governmental acts or acts of government-regulated utilities, CPU Utilization shall be continually measured and reported for average utilization during IS-minute intervals over a 24-hour period of time. Should average CPU Utilization exceed 75% over a 24-hour period of time a performance problem will be identified and appropriate problem management procedures evoked, Customer Data shall mean all materials, data, databases, documents, images, designs, drawings, music, sound recordings and other similarly stored material, permanently or temporarily on "LICENSEE" Equipment, and all information with respect to the use of such materials and by user's of "LICENSEE'S" services, such as nature and frequency of access, user's identity, IP address, domain name, user's financial information, users digital or electronic signature, user's telephone numbers, and any other similar information, identifiable or not, that pertains, relates to or results from any access to "LICENSEE'S" equipment by a third party through modem or telephone lines. Customer Data also includes any report, summary, and statistical or other analysis of any or all of the Customer Data. Customer Registration Form shall mean the list that contains the names and contact information (e.g" pager, email and telephone numbers) of "LICENSEE" and individuals authorized by the same for the administration of the System. Government Enterprise Management System or GOVMAX shall mean the Sarasota County Government Enterprise Management System Background Intellectual Property including the object code and all Foreground Intellectual Property related thereto, Data Center(s) shall mean any of the facilities used by Sarasota County to provide the Service(s). Designated System shall mean the computer hardware and operating system configuration designated on the relevant Order for which the Programs are licensed to "LICENSEE" under this Agreement or Software License Agreement. Disk Utilization shall be continually measured and reported for average utilization during IS-minute intervals over a 24-hour period of time. Should average Disk Utilization exceed 90% over a 24-hour period of time a performance problem will be identified and appropriate problem management procedures evoked, 11 Downtime shall mean that the Government Enterprise Management Application and 16 F 6 the application database are unavailable to "LICENSEE" from "LICENSEE'S" network connection. Employee shall mean a person employed in a permanent full time status as defined by the U. S, Department of Labor, except that consultants, contractors, subcontractors, and contracted individuals are specifically excluded, End User unless otherwise specified in the Order, shall mean a specific individual employed by "LICENSEE" who is authorized by "LICENSEE" to use the Sarasota County Programs on the Designated Systems, regardless of whether the individual is actively using the Programs at any given time, Enhancement shall mean installing, delivering, supporting, and/or changing the Software Products software including, but not limited to, designing, developing, programming, implementing, documenting, and producing Software Products: · To assure the software complies with changes in dynamic ordinances, laws and statutes, · To keep the software compatible to "LICENSEE'S" platform. · To keep the software compatible to "LICENSEE'S" changing business processes, · To respond to requests for new functional or technical capability, look and feel, or to provide an upgrade specifically requested by "LICENSEE", Executable Code shall mean the fully compiled version of a software program that can be executed by a computer and used by an End User ofthat program without further compilation. Foreground Intellectual Property means all Intellectual Property that is conceived, or made, or reduced to a tangible medium of expression during any services provided or any activities conducted by Sarasota County pursuant to this Agreement. Information Services shall mean consulting, work, tasks, jobs, analyses, and other services producing information or software, standards, correspondence, memoranda, working papers, system descriptions, documentation, specifications, user guides, products, or derivatives thereof, Initial Term shall mean the minimum term for which Sarasota County will provide the Service(s) to "LICENSEE", as indicated herein, Except as otherwise expressly provided in this Agreement, Sarasota County is obligated to provide and "LICENSEE" is obligated to pay for each Service through its Initial Term and any Renewal Term. Machine-readable shall mean in a machine executable language. Maintenance shall mean the correction of any residual errors that may be discovered by Sarasota County or "LICENSEE" in any Sarasota County provided proprietary or non-proprietary software under a maintenance fee contract for Supported Program Licenses or Contracts at no additional charge, Suspected errors in the software discovered 12 by "LICENSEE" will be handled according to Sarasota County's Software servic~ 6 ~ § Support and Maintenance procedures in effect on the date Software Service Support and Maintenance is ordered or as directed in the Program License or Contract, subject to payment by "LICENSEE" of all applicable Software Service Support and Maintenance fees. Coverage under the maintenance fee contracts excludes: (i) malfunction or inoperability of Supported Programs software caused by changes or additions in "LICENSEE'S" platform or in the Supported Programs software by anyone other than Sarasota County, if the Supported Programs software would have functioned or operated correctly without the changes or additions or without the change in platform, (ii) errors found to be caused by "LICENSEE" supplied data, machine or operator failure, "LICENSEE" negligence, or enhancements, modifications, or changes by anyone other than Sarasota County, or (iii) any other cause not inherent in the software as delivered and provided by Sarasota County. 1'f .. Sarasota County Software shall mean the software product(s) for which Sarasota County owns the copyright including any adaptations, translations, de-compilations, disassemblies, emulations, or derivative works thereof. Sarasota County Supplied Equipment shall mean any computer hardware, software and other tangible equipment and intangible computer codes contained therein provided by Sarasota County for use by "LICENSEE", Sarasota County Technology shall mean Sarasota County's proprietary technology, including Sarasota County's Services, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Sarasota County or licensed to Sarasota County from a third party) and also including any derivatives, improvements, enhancements or extensions of Customer Technology created and conceived, reduce to practice, or developed during the term of this agreement by Sarasota County that are not uniquely applicable to "LICENSEE" or that have general applicability in the art. Non-Sarasota County Software shall mean software to which a party other than Sarasota County owns the copyright. Price List shall mean Sarasota County's standard commercial fee schedule that is in effect when Software Products or Service Support and Maintenance services are ordered by "LICENSEE". Program or Programs shall mean: (i) the computer software code owned or distributed by Sarasota County for all Software Products and services outlined in this Agreement for which "LICENSEE" has been granted a license pursuant to a license agreement or contract between "LICENSEE" and Sarasota County ("Software License Agreement" or "Service Level Agreement"); and (ii) the user guides and manuals for use of the software ("Documentation"); and (iii) Updates of Software Products, 13 Program License or Contract shall mean a Program license or contract for which1 6 F 6 "LICENSEE" has ordered Software Products or Services for the relevant time period -~ under this Agreement. ,.. Proprietary Information shall mean information, whether in tangible, machine readable, or electronic form, disclosed by either of the parties to the other, which the disclosing party at the time of disclosure identifies electronically or in written or other tangible form of expression as confidential and/or proprietary by means of a legend, marking, stamp or other notice identifying the information to be confidential and/or proprietary, or information disclosed orally or visually by a party to this Agreement, where the disclosing party identifies such information as confidential and/or proprietary at the time of disclosure and, within thirty (30) days after such oral or visual disclosure, reduces the subject matter of the disclosure to a tangible or electronic form properly identified in the manner described above and submits it to the receiving party, Registered User shall be any input device equipped with the required capabilities for running at least one instance of the Government Enterprise Management (GüVMAX) Application. Renewal Term shall mean any service term following the Initial Term. Residual Error For the purposes of this Agreement, residual errors include software malfunctions, and programming, coding, and syntax that cause the Software Products to fail to conform to the contract requirements, Statement of Work, or as advertised in Sarasota County written material and after having been successfully acceptance tested, but excludes additional functionality or features not included in the contract requirements, Statement of Work, nor advertised in Sarasota County written material, nor included in an amendment to this Agreement. Also, IIResidual Errors" and IIgenerally made available under maintenance contracts at no additional charge" exclude (i) malfunction or inoperability of Supported Programs software caused by changes or additions in "LICENSEE"1s platform or in the Supported Programs software by anyone other than Sarasota County, if the Supported Programs software would have functioned or operated correctly without the changes or additions or without the change in platform, (ii) errors found to be caused by "LICENSEE" supplied data, machine or operator failure, "LICENSEE 11 negligence, or enhancements, modifications, or changes by anyone other than Sarasota County, or (iii) any other cause not inherent in the software as delivered and provided by Sarasota County. Service Commencement Date shall mean the agreed upon date Sarasota County will begin providing the Service(s) to "LICENSEE". As indicated herein service shall begin the next business day after execution of this Agreement by "LICENSEE". Service(s) shall mean the specific service(s) provided by Sarasota County as described in the Statement of Work. Software Maintenance and/or Technical Service Support shall mean services provided under this Agreement for the Software Products designated herein, which are made available pursuant to and detailed in the Software License Agreement and/or the Service Level Agreement. 14 16F6 Software Service Support and Maintenance shall mean the Program support services provided under Sarasota County's Software Service Support and Maintenance policies in effect on the date Software Service Support and Maintenance is ordered, Specification Sheet shall mean the detailed description of each Service, ordered by "LICENSEE" , Supported Program License or Contract shall mean a Program license or contract for which "LICENSEE" has ordered Software Service Support and Maintenance services for the relevant time period under this Agreement. System Availability shall be measured as follows: (Total Minutes of the Month- Minutes of Scheduled Service -Minutes of Downtime) / (Total Minutes of the Month- Minutes of Scheduled Service) Time and Materials shall mean Sarasota County will charge "LICENSEE" for such service on a time and materials basis at the agreed rate per person hour, plus full reimbursement of materials at then current retail price, plus handling charges for materials plus reimbursement of travel, lodging, and per diem expenses. Update(s) shall mean subsequent releases ofthe Programs, which are generally made available for Supported Program Licenses or Contracts at no additional charge, other than media and handling charges, Updates shall not include any releases, options or future products which Sarasota County licenses or provides to customers separately under consulting or customized software contracts, Work shall mean any tangible deliverable provided by Sarasota County to "LICENSEE" as described in the Statement of Wark. 15 16Gl MEMORANDUM Date: November 7, 2005 To: David L. Jackson Executive Director/CRA From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Employment Agreement between David L. Jackson and the Board of the Collier County Community Redevelopment Agency Enclosed for your use, please find one original document as referenced above and approved by the Board of County Commissioners on November 1, 2005 (Item# 1601). If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you, Enclosure 16Gl Collier County Community Redevelopment Agency THE BAYSHORE/GATEWAY TRIANGLE AREA DAVID L. JACKSON Executive Director davidjackson@colliergov.net 2408 Linwood Avenue, Suite 7 - Unit 11' Naples, FJorida 34112 Phone 239-643-11 15. Fax 239-775-4456 www.colliercra.com l' 16Gl EMPLOYMENT AGREEMENT BETWEEN DAVID L. JACKSON AND THE BOARD OF THE COLLIER COUNTY COMMUNITY REDEVLOPMENT AGENCY THIS AGREEMENT is made and entered into this 1st day of November 2005, by and between the Board of the Collier County Community Redevelopment Agency (the "CRA Board", and David L. Jackson. In consideration of the mutual covenants herein contained, the parties do agree as follows: 1. APPOINTMENT OF THE BA YSHORE / GA TEW A Y TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken by the CRA Board at its meeting March 22, 2005, David L. Jackson ("Director") was selected to be the Executive Director of the Bayshore/Gateway Triangle Redevelopment Area ("CRA"), retroactive to March 16, 2005. 2. CONTRACT REVIEW AND RENEWAL: Upon the completion of the six month probationary period in September 2005, and the completion of a Performance Evaluation pursuant to paragraph 7 below, the CRA Board at its meeting on November I, 2005 agreed to the terms of this contract renewal for two years (24 months) beginning October 1,2005 with terms as described below. 3. DUTIES: The Director shall perform the functions and duties typical of a person in the position of a Director of a Community Redevelopment Agency as more fully described in the CRA Executive Director Job Description. a. Director shall act as the Chief Administrative Officer of the CRA, reporting to and responsible to the CRA Board and be responsible for the day-to-day implementation of CRA budget, projects, programs and activities including CRA staff selection and supervision. b. Director shall devote full time efforts to the CRA and its mission. c. Director shall perform such other associated ~"d legally required duties and functions, as the CRA Board and CRA Advisory Board shall direct. d. Director agrees to perform all such functions and duties, faithfully, competently, professionally and promptly to the best of Director's ability. 4. RESIGNATION: In the event Director voluntarily resigns his position with the CRA Board, then Director shall give the CRA Board sixty (60) days written notice in advance, unless the parties agree to waive such notice requirement. 5. ANNUAL BASE SALARY: Director shall be paid for his services rendered pursuant hereto at the rate of One Hundred Ten Thousand Dollars ($110,000.00) per year, payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. Page 1 of 3 16Gl 6. SEVERANCE TERMS AND CONDITIONS: In the event Director is terminated by CRA Board, the CRA Board agrees to pay the Director three (3) months of the Director's base salary for termination without cause. 7. PERFORMANCE EVALUATION AND MERIT PAY: Annually the CRA Board agrees to review and evaluate the performance of the Director one month prior to the anniversary of this contract. The CRA Board shall provide the Director with a written summary statement of the findings of the Board and provide adequate opportunity for the Director to discuss his evaluation with the CRA Board. Based upon said review and performance evaluation and at the discretion of the CRA Board, the Director may receive a merit pay bonus check at a minimum of 3% to a maximum of 10% of base pay. The Director's annual base salary will be adjusted annually by the same cost of living allowance (COLA) rate for all County employees as determined by the Board of County Commissioners. 8. BENEFIT PACKAGE: CRA Board agrees to provide comprehensive benefit package for Director equal to that which is currently provided to professional personnel of Collier County Government. 9. SICK. VACATION. PERSONAL AND HOLIDAY LEAVE: Director shall accrue leave at the same frequency and with the same carryover and other limitations, if any, as currently provided to personnel under the Collier County Manager's Agency Policies and Procedures. Director will receive a payout for all accrued but unused vacation time consistent with the County Manager's Policies and Procedures regarding payment of benefits at separation. 10. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the reasonable and customary professional dues and subscriptions of Director necessary for his continued professional participation, growth and advancement, including national and state professional organizations. 11. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the reasonable and customary travel and subsistence expenses (in accordance with applicable Florida law), for Director and his staff's travel and attendance at any meetings and conferences, which the CRA Board shall approve. 12. INCIDENTAL EXPENSES: Director shall receive an automobile mileage reimbursement, payable at the end of each month consistent with the policies followed by Collier County for its employees, a monthly cell phone allowance, and reimbursement for such other business related expenses as may be approved by the CRA Board from time to time. 13. GENERAL PROVISIONS: a. The provisions of this Agreement constitute the entire understanding between the parties. Only the representations and understandings contained herein shall be binding upon the CRA Board and the Director. No other representations or understandings are binding on the CRA Board Page 2 of 3 16Gl and the Director unless contained in a subsequent, duly adopted and executed written Amendment to this Agreement. b. This Agreement shall be construed and administered in accordance with Florida and any other applicable law. 14. SEVERABILITY: Should any provision of the Agreement be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of the Agreement as a whole, or any part thereof, other than the part declared to be valid. 15. EFFECTIVE DATE OF THIS AGREEMENT: This Agreement shall become effective upon execution by both parties and as otherwise stated in Paragraphs 2. IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency, County of Collier, State of Florida, has cause this Agreement to be signed and executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to form and legal sufficiency by the CRA Board General Counsel, and the Director has signed and executed this Agreement, that day and year first written. ATTEST: DWIGHT E. BROCK COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, FL ::"~~":'''' .J... ~ y' . .. ....~""',., ~,:. ~.. Ii BY: ," ~., ~,ùtýClerk·. i ~ .:-~.,.."".. ':,'" ::- ;'.':-> ......'.., ',. . . S.",~,.:~.o.h,d. " ~ r;¡.", ' .. . f' t ö~)'~ .. . ifl r-I.¡.~t:~~ ).~' ~c_,' wl\.,J.:1h ..... , , BY' ~ ~ 'DONN ~A~ AGREED TO AND ACCEPTED BY THE EXECUTIVE DIRECTOR ,.,,' r£ï ï>~)'·''''.'./,·,'1 BY:{t~(.'J/r:,-·,l? D~vid L. Jackson -"~-,-' Approved as to form and Legal sufficiency: Item # 1 bG- 1 Agenda Date 11-\~D5 Page 3 of 3 ~:d 11-7-6S ~, 1611 FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE Oct. 25, 2005 Moved to Nov.l~ ~05 , Due to Hurricane Wilma 1. Certificate of Correction: NEED MOTION authorizing the Chainnan to sign Certificate of Correction to the tax roIls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: ") A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. September 10, 2005 - September 16,2005. 2. September 17,2005 - September 23,2005. 3. September 24, 2005 - September 30, :2005. 4. October 1,2005 - October 7,2005. B, Districts: 1. Golden Gate Fire Control & Rescue District: Notice of Registered Agent; Public Meeting Schedule for 2005/2006; Fiscal Year 2006 Budget: Fire District Map; and Letter Regarding Outstanding Bonds. 2. Cow Slough Water Control District: Annual Local Government Financial Report for Fiscal Year ended September 2004; Audited Financial Statement; and Fiscal Year 2006 Budget. 3. Verona Walk Development District: 2005-2006 Fiscal Year Regular Meeting Schedule. 4, Quarrv Communitv Development District: Minutes of July 11, 2005; Agenda of July 11,2005. C. Minutes: 1. Golden Gate M,S.T.U, Advisorv Committee: Minutes of the August 30, 2005 Special Meeting; Minutes of September 13, 2005; Agenda of October 11, 2005. ' ,., Collier County Planning Commission: Agenda of October 6, 2005; Transcript of September 1,2005; Transcript of August 18,2005. H:'D~ T.-\ \Melanie\2005 MISCELLANEOUS CORRESPONDENCE\November 1, 2005 Misc. (~, :T'?sp,doc 1611 3, Productivity Committee: Minutes of August 17,2005. a) IT Team of the Efficiency and Effectiveness Subcommittee: Minutes of July 15,2005; Minutes of July 20,2005. b) Benefits Sub-Committee: Minutes of June 2,2005. 4. Bayshore Beautification M.S.T.U.: Agenda of October 12,2005; Minutes of September 14,2005. 5. Land Acquisition Advisory Committee: Agenda of October 10, 2005; Transcript of September 12, 2005. 6. Collier County Library Advisory Board: Agenda of September 28,2005; Minutes of August 24, 2005. 7. Pelican Bay Services Division: Agenda of September 7,2005; Minutes of September 7,2005; Agenda of October 5,2005. a) Budget Sub-Committee: Agenda of September 21,2005; Minutes of September 21,2005. b) Clam Bav Sub-Committee: Agenda of September 7,2005; Minutes of September 7,2005. 8. Collier County Environmental Advisorv Council: lan's Trams Eco-Tours Listed Plant Survey Report of September 2005, 9. Collier Countv Hispanic Affairs Advisory Board: Minutes of August 25, 2005; Agenda of August 25, 2005, H:\DATA\Melanie\2005 MISCELLANEOUS CORRESPONDENCE\November 1, 2005 Misc, Corresp,doc ...""._-- '-'-- / I , " -~ \ '\ I ¡ \ ; "', 'I "~-'1 " ----/- " 16' 1 C ...... E~ ~\H-- 0 R ~::J.~ß ~.~ \1 1.- ¡ jj 5 2005 '. . . COI-nt..¡ commissioners 803m 0- ,À', 81/,0f L,. eatdéan COLLIER COUNTY TAX COLLECTOR C. F. C, OCTOBER 5, 2005 Honorable FRED COYLE, hairman Board of County 0 ssioners Harmon Turner Building Naples, Fl 34112 Dear Chairman COYLE: Florida Statute 197.492 requires that the Tax Collector shall make out a report to the County Commissioners separately showing the discounts, errors, double assessments and insolvencies for which credit is to be given, including in every case except discounts, the name of the parties on whose account the credit is to be allowed. The "Errors and InsolvenciesH list for the tax year 2004 is attached. This computer compilation has as its supporting documentation the Property Appraiser's Certificate of Correction form (copy attached), which is approved throughout the year. Instead of the name of the parties (as stated in the Statute), we have identified it by the eleven-digit property identification number, whi~h is the same as the folio number on the Certification of Correction forms. This Statute requires that you examine the list and approve or disapprove it. We will appreciate your response. Should you have any questions, please contact me. Sincerely, G:irzoæ~ Collier County, Florida GLC/rj Cc: B. Miller Misc. Corrés: Date: / I I ¡ /oS ttem#: I ÞI !/-__ Encl. COURTHOUSE-SLOG, C-1 . 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'" 0 qt r-- qt N .-! 0 r-- '" 0 co qt M N lJ'I qt .-! 00 ~ qt qt r-- M '" qt r-- .-! qt 0 lJ'I ~ ~ qt '" lJ'I qt ~ ()~ , , , , , , , , , , , .-!H .-!H .-! qtH qtH H ~H r--H NH NH NH .-!H COH qtH "'H r-- r--H r-- P::: IïI IïI ~ NIïI IïI IïI IïI IïI IïI IïI IïI IïI IïI IïI IïI IïI 1ïI~ () () () () () () () () () () () () () () () HIïI P::: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ HP::: ~ HO PI p.¡ p.¡ PI p.¡ p.¡ p.¡ p.¡ p.¡ p.¡ p.¡ p.¡ p.¡ p.¡ OH ()~ U) U) U) U) U) U) U) U) U) U) U) U) U) U) U) :>z ~H "'H 0 qt OH OH OH .-!H .-!H NH COH COH COH COH "'H COH lJ'I COH lJ'I ~8 co::r: N::r: co co o::r: M::r: qt::r: ",::r: .-!::r: qt::r: lJ'I::r: o::r: ~::r: co::r: qt::r: r--::r: N ~::r: ~ ·8 ·8 ·8 ,8 'E-i ·8 .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i IïI qt '" .-! qt 0 lJ'I lJ'I lJ'I N M ~ N co lJ'I co .-! 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t' 0 N t' 0'1 .-I CO 0'1 E-i ::8 <:I' N 0 CO CO t' 0 M 0 ~ \0 0 0 j j LO CO LO LO ¡:l¡1ïI M M 0'1 0'1 0'1 N N <:I' M \0 \0 N .-I .-I .-t 0'1 0'1 . . 161 1 .- ~ r--too ('\,~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~ 0 0 0 0 0 H H H H H H H H H H H H H H H H H H H ,::(00 ,::( ,::( ,::( ,::( ,::( ,::( ,::( ~ ,::( ,::( ,::( ,::( ,::( ,::( ,::( ,::( ,::( ,::( ,::( rxI~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ rxI§ \.0 m LC) LC) \.0 LC) rl m \.0 00 00 \.0 N rt) \.0 rt) m \.0 LC) CJrxI 0 LC) 00 00 rt) r-- rt) LC) LC) 00 rt) \.0 "" rl rt) "" :) rl rl rl N rl rl N rl N rl N ~ø \.0 \.0 rt) m \.0 LC) HrxI \.0 m LC) LC) \.0 LC) rl m \.0 00 00 N ;Eç.Q 0 LC) 00 00 rt) r-- rt) LC) LC) 00 \.0 "" rl rt) "" rl rl rl N rl N rl N rl N I I I I I I I I I I I I I I I I \.0 0 \.0 rt) r-- 0 rl 0 0 N 0 rt) "" 0 0 N rt) N rl rxI "" 0 "" 00 LC) 0 rl 0 0 \.0 0 00 rl 0 "" r-- 0 rt) U m 0 r-- \.0 "" 0 r-- 0 0 rl 0 \.0 N 0 00 \.0 LC) "" Z 0 LC) 0 rl \.0 LC) \.0 LC) LC) \.0 LC) 0 m LC) LC) 0 N "" rxI 00 N "" "" N N rl N N r-- N rt) N N 00 "" 0 p:: LC) N rl rxI ~ ~ H rxlO Þ rl m ~ 0 N "" LC) 0 "" "" LC) N m m \.0 0 0 \.0 r-- r-- E-i~§ r-- rl rt) "" m m LC) rl \.0 N N LC) N LC) 0 r-- r-- m P:::> m LC) 0 LC) 0 m rl N r-- 00 LC) rl m m N N rl \.0 0 rxI m LC) LC) \.0 r-- LC) r-- N \.0 rt) r-- r-- \.0 rl rl N 00 rt) ~rxI r-- N rl rl "" N r-- LC) 0 "" LC) \.0 r-- rt) \.0 rt) rl N rxI~ rl N rt) N m rt) rl rl rl N rl LC) rt) p::ç.Q rl ~~ HE-i U Z Z \.0 N 0 00 r-- "" LC) LC) N r-- m rt) "" 0 \.0 rt) N m 00 rxI H rl rl 00 N "" m \.0 rl \.0 \.0 N r-- rt) LC) "" LC) r-- N :> ø m LC) r-- N LC) m 00 N r-- \.0 LC) "" rl m 0 m \.0 rl ~ rxI 0 0 LC) 00 rt) 0 rt) r-- rl r-- N \.0 \.0 \.0 r-- N 0 00 0 ç.Q \.0 LC) LC) LC) r-- LC) m r-- rt) \.0 00 rt) 0 LC) "" r-- N N 00 rl rl N rt) N rt) rt) rl "" rl rt) rl LC) "" Z rl H «! p:: 0 p:: p:: I I I I I I I I I I I I I I I I rxI rxI 0 0 \.0 r-- 0 N "" 00 m rt) \.0 0 rt) \.0 "" 00 00 \.0 "" U LC) m rt) N N 00 LC) 00 N N r-- rl m rt) 0 r-- rl rt) rl ~ Z ~ rxI r-- LC) m "" N N "" rt) 0 "" "" rt) LC) "" m m m N 0 0 p:: r-- rt) "" \.0 LC) rt) N N N LC) rl m 00 LC) rt) m rt) rt) m p:: rxI 0 rt) \.0 \.0 rt) rt) N rt) rt) N rt) rt) 00 rl rt) 0 \.0 rt) ~ ~ ~ rl r-- N rl rl H 0 "" 0 0 N § N \.0 m 00 "" 0 00 \.0 rt) m 0 rt) rt) \.0 rt) r-- N 0 0 ~ LC) "" LC) \.0 00 rt) \.0 00 m m LC) LC) LC) rt) LC) rt) 00 "" m ~~rxI "" \.0 m rt) \.0 00 \.0 N 00 rt) rl rl r-- "" m \.0 00 rt) 00 \.0 00 rt) \.0 N 0 rt) \.0 "" r-- 0 "" N LC) 00 "" r-- 0 0 00 0 \.0 N N \.0 0 0 LC) \.0 "" LC) rl N rl r-- rt) 0 r-- rt) u~ , , , , , , , , rl~ rl~ ~ ~ ~ rt)~ rl ""~ N~ ""~ "" N~ N rl~ rt)~ N~ \.O~ ""~ p:: rxI rxI rxI rxI rxI rxI rxI rxI NrxI rxI rxI rxI rxI rxI rxI rxI;E U U U U U U U U U U U U U U U HrxI p:: p:: ~ ~ p:: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~p:: ,::( ,:( ,::( ~o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O~ u,::( 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 :>z NH \.OH LC)H LC)H ""H NH N ""H NH \.OH \.0 rt)H \.0 0 r--H LC)H OH \.OH ""H ~8 o::r: rt)::r: m::r: m::r: o::r: rl::r: N r--::r: N::r: r--::r: N ",,::r: "" 0 LC)::r: rl::r: o::r: r--::r: o::r: .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i .E-i rxI N N 00 r-- m rl rl \.0 m m \.0 00 rt) 00 \.0 00 LC) m ç.Q ""p:: NP:: ooP:: NP:: r--p:: ""p:: \.0 ooP:: \.OP:: rlP:: rl ""p:: rl NP:: ""p:: rlP:: rt)p:: mp:: rlO 00 000 mO mo rt)0 N 000 mo NO 00 r--O rl rlO ""0 r--O r--O \.00 ,~ ,~ ~ ~ ~ ,~ ..µ. ,~ ,~ ,~ ~~ ,~ ~~ ~~ ~~ N N rt) rl "" N r-- "" rl LC) N "" N \.0 LC) E-i E-i E-i E-i E-i E-i E-i E-i rlE-i E-i E-i E-i E-i E-i E-i 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 H H H H H H H H H H H H H H H H :><: :><: :><: :><: :><: :><: :><: :><: :><: :><: :><: :><: :><: :><: :><: ø rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI «!:) 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 LC)rxI~ rl;E rl;E rl;E rl;E rl;E rl;E rl rl;E rl;E rl;E rl rl;E rl 00 rl;E rl;E rl;E rl;E rl;E 0 rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI rxI "- P:: P:: P:: P:: P:: P:: P:: P:: P:: P:: P:: P:: P:: P:: P:: 000 mo NO ""0 LC)O NO rlO m rt)0 000 mO N r--O 00 0 r--O 00 rt)0 rlO \.00 rlH LC)~ o~ LC)~ LC)~ o~ LC)~ "" o~ o~ ""~ 0 o~ 0 rl N~ N~ o~ oo~ ""~ "- LC)~ 0,::( r--,::( rt)~ o~ rt)~ rl rt)~ o~ 0,:( 0 o~ 0 0 oo~ o~ LC)~ 0,::( LC),::( oo~P:: 0:> 0:> rt):> "":> 0:> LC):> 0 rl:> 00:> 0:> 0 0:> 0 0 0:> rt):> N:> rl:> rl:> oE-irxl 0 N rt) rt) N N 0 0 0 0 \.0 00 N "" 0 0 0 "" 0 p::ça ~~ ~~ ~~ ~~ ~~ ~~ LC) ~~ g~ g~ m g~ LC) 0 ~~ ~~ g~ ~~ ~~ rxlrxI~ 0 rl \.0 0 E-i~ r--I NI N I N 1 rt)1 01 rt) "", LC)I LC)I rt) rt) I "" rl m I 01 rt) I \.0 I r--I ,::(0 NZ \.OZ mZ mZ \.OZ r--Z 00 ooZ \.OZ NZ LC) ooZ N LC) ooZ mZ LC)Z rt)Z r--Z OP:: 00 00 00 00 rlO rlO rl rlO NO rt)0 rt) rt)0 "" "" ""0 ""0 LC)O \.00 \.00 ~ r--Z r--Z r--Z r--Z r--Z r--Z r-- r--Z r--Z r--Z r-- r--Z r-- r-- r--Z r--Z r--Z r--Z r--Z 0 P:: U U U U U U U U U U U U U U U U U 00 :> :> :> :> :> :> :> :> :> :> :> :> :> 00 :> :> :> u :> OH \.0 :> \.0 ø rl oo«!oo 00 r-- m 00 rt) 0 \.0 rt) rt) rt) LC) N 0 rt) N E-i ;E LC) m r-- rl \.0 "" m \.0 "" N N r-- "" :) \.0 "" "" "" m ~rxI \.0 rt) m "" \.0 N \.0 rt) "" r-- \.0 r-- "" rl rt) 00 rt) N "'-""""'.~~-'--'''''~'~-''-''''~.''.~'--_.'-~'- . - 16\ 1 ,"( ~ ,~ .. co E-HI) NZÞ 1ïIE-i Q Q Q Q Q Q Q Q Q Q Q Q Q ~~ Q Q Q Q Q Q H H H H H H H H H H H H H H H H H H H ~U) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ IïIIlI III III III III III III III III III III III III III III III III III III ~ III 1ïIª ~ ~ ~ 1.1) co r-- M 1..0 ~ 0\ M 1.1) 1.1) M 0\ co co r-- 1.1) Olïl co 0\ 0\ "" M "" M 0 1.1) co 0 N "" "" 1..0 1..0 ~ ~ N ~ ~ N ~ ~ N N ...::10 1.1) 1.1) 0\ co 00 r-- 1.1) HIïI ~ ~ ~ 1.1) 00 I"' M 1..0 ~ 0\ M M ::EÇQ 00 0\ 0\ "" M "" M 0 1.1) co 0 N "" "" 1..0 1..0 ~ N ~ ~ N ~ ~ N N I I 1 I 1 I 1 I 1 I 1 I 1 1 1 1 1 1 0 0 0 0 0 M N "" co M 0 0 1..0 0 co co 1..0 "" 0 IïI 0 0 0 0 0 0\ M "" "" co 0 0 0 0 "" "" N 1.1) 0 C) co 0 0 0 0 "" 00 "" "" ~ 0 0 co 0 co 0 1.1) N 0 Z ~ 1.1) 1.1) 1.1) 1.1) "" 0 r-- co M 1.1) 1.1) 0 1.1) 0\ N M "" 1.1) IïI 1..0 N N N N "" "" 1..0 "" M N N ~ N 1..0 "" 1.1) M N P::: I"' IïI 1.1) ~ ~ H 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N N N N N N N N N N N N N N N N N N N 0 .......... coo qt M 0'1 r-- r-- 0'1 co r-i r-i LO 0 qt qt 1..0 0'1 0'1 M r-- 0'1 r-iH N qt M LO M r-- qt 0'1 0 qt 0 co N r-- co 0'1 0 co M .......... 1..0 co 0'1 r-i 0'1 N 0'1 0'1 M 0'1 M 1..0 M qt qt LO co r-i N co~P::: co 0'1 0 N N M qt 1..0 r-- r-- co 0'1 0 0 0 0 0 r-i r-i of-tlïl co co 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0 0 0 0 0 0 0 P:::¡!1 r-i r-i r-i r-i r-i r-i r-i r-i r-i r-i r-i r-i N N N N N N N 1ïI1ïI~ N N N N N N N N N N N N N N N N N N N f-t1J.¡ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,.:(0 r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- r-- OP::: co co co co co co co co co co co co co co co co co co co IJ.¡ co co co co co co co co co co co co co co co co co co co ~ ...:I t) ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I t) ...:I ...:I ...:I ...:I ...:I ...:I ...:I co IïI :> IïI IïI IïI IïI IïI IïI IïI IïI IïI :> IïI IïI IïI IïI IïI IïI IïI OH 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1..0 ø (J)~(J) r-i co LO N N 0'1 N 0'1 r-i 0 r-i co LO 0 r-i 0 f-t :E r-- r-- 0'1 r-i co 0 qt qt M N N 0 r-- qt LO 0'1 r-- r-i N IJ.¡1ïI LO M r-i r-i 0'1 LO co M LO qt LO qt M N r-- r-i LO N 1..0 . ."--..........."--,,~~~_._.....,,_._~~._-"-~-,¥,-. 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H rz¡o Þ ...:I 0 0 0 ('¡ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E-i~~ [' P::::> C1'\ 0 rz¡ LO ~rz¡ rz¡...:I P:::ÇQ ~ ~~ HE-i U Z Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rz¡ H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :> CJ 0 0 0 0 LO 0 0 0 LO LO 0 0 LO 0 0 0 0 0 0 ...:I rz¡ 0 [' co LO co \D co ('¡ ('¡ [' \D ('¡ LO 0 0 [' C1'\ rl q< 0 ÇQ ('¡ rl rl M rl rl rl ('¡ ('¡ rl rl 00 Z H t<i P::: 0 P::: P::: I I I I I I I I I I I I I I I I I I I rz¡ rz¡ C1'\ LO \D ('¡ M rl q< M ('¡ M \D ('¡ q< ('¡ ('¡ C1'\ co 0 C1'\ U ('¡ ('¡ ('¡ ('¡ rl rl rl q< \D rl ('¡ co C1'\ 0 0 \D LO LO C1'\ ...:I Z ...:I rz¡ 0 ('¡ co M [' \D co M rl 0 \D C1'\ co M M co ('¡ \D ('¡ 0 P::: ('¡ [' co q< M C1'\ ('¡ 0 q< ('¡ \D C1'\ co M M rl LO co M P::: rz¡ M ('¡ ('¡ q< rl rl ('¡ rl ('¡ rl M M rl rl rl ('¡ rz.. ~ rz.. H E-i 0 q< 0 0 ('¡ ~ 0 0 0 co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 rl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E-iE-irz¡ ŠŠ rl C1'\ 00 u~ P::: rz¡:E Hrz¡ ...:IP::: ...:10 0...:1 u~z C1'\ LO \D 0 M rl q< M ('¡ M \D ('¡ q< ('¡ ('¡ C1'\ co 0 C1'\ ~8 ('¡ ('¡ ('¡ q< rl rl rl q< \D rl ('¡ co C1'\ 0 0 \D LO LO C1'\ rz¡ 0 ('¡ co q< [' \D co M rl 0 \D C1'\ co M M co ('¡ \D ('¡ ÇQ ('¡ [' co M M C1'\ ('¡ 0 q< ('¡ \D C1'\ co M M rl LO co M M ('¡ ('¡ LO rl rl ('¡ rl ('¡ rl M M rl rl rl ('¡ H CJ L(~ LOrz¡rz.. ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ 0 ........ coo ('¡ \D LO rl 0 0 LO co C1'\ C1'\ M [' rl M ('¡ q< C1'\ co q< rlH 0 C1'\ 0 ('¡ C1'\ M C1'\ rl 0 q< 0 C1'\ rl LO co q< ('¡ \D ('¡ ........ co C1'\ 0 0 q< co C1'\ M LO C1'\ 0 rl LO LO LO [' M q< co co~P::: rl rl ('¡ ('¡ ('¡ ('¡ ('¡ M M M q< q< q< q< q< q< LO LO LO oE-irz¡ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P:::ÇQ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ rz¡rz¡~ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ ('¡ E-i~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~o [' [' [' [' [' [' [' [' [' [' [' [' [' [' [' [' [' [' [' OP::: co co co co co co co co co co co co co co co co co co co ~ co co co co co co co co co co co co co co co co co co co 0 P::: ...:I ...:I ...:I U ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I ...:I co rz¡ rz¡ rz¡ :> rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ rz¡ OH 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q Q Q \D CJ OOt<iOO M 0 rl M LO q< [' ('¡ \D M rl C1'\ LO \D LO co rl E-i :E rl C1'\ C1'\ 0 C1'\ 0 LO co rl M [' M C1'\ q< \D co LO q< C1'\ ~rz¡ rl [' [' M M M q< M \D co q< co rl [' M co M [' co 16 ... 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H 0 "" 0 0 N ~ 0 0 0 ...-t 0 0 U1 M 0 0 U1 U1 0 0 0 0 0 0 r-- :>t M "" 0 '" 0 0 ri ...-t 0 0 co co 0 0 0 0 0 0 \.D ~~ï \.D U1 r-- U1 U1 ri 0 ...-t N r-- N '" M ~ "" ~ 00 N ...-t u~ ~ ï:E Hï ....:IP:: ....:10 0....:1 U~ :>z co U1 M M '" '" N \.D \.D \.D '" co U1 0 "" r-- 0 0 '" ~~ co 0 r-- r-- N N M ...-t co N U1 ...-t r-- U1 ...-t ...-t ...-t M co ï N co ...-t ...-t ...-t ...-t "" 0 "" \.D "" N r-- co M N \.D M ...-t !XI co U1 co co U1 U1 "" \.D 0 U1 0 '" "" N M r-- M co 0 N ~ M M N ...-t "" N N ...-t \.D ...-t ~ N N N H CJ «:I~ U1ïIX. 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Cf)t-3--.J ",._,,~,-~-"_.,,"_.,,"._........' 1612 A Clerk of the Circuit Court RE(~E\VED : :Ju"'nç:; , __ _-.1 Collier County, Florida nOéln1 of County C~ornmGSíOf1efS Finance & Accounting Department MEMORANDUM Date: 09/10/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 10,2005 through September 16,2005, In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481. 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BANK OF AMERICA N.A. 2,578.59 8,435.00 1,285.87 44,422.28 5,015.00 126.60 50,693.04 54,182.78 37,746.20 340.19 145.23 79,726.71 0.00 1,800.00 36,856.20 181.65 23,644.80 0.00 632.98 2,396.00 141.00 160.34 1,527.00 5,958,406.00 0.00 1,905.00 1,946.00 22,869.90 19,754.64 564.00 32,558.33 2,024.26 332.24 5,903.30 747.00 550.00 112,060.55 728.40 6,349.96 24,220.00 165,352.35 37,484.92 7,495.75 6,349.96 95,000.87 0.00 136.00 09/12/2005 09/12/2005 09/12/2005 09/12/2005 09/12/2005 09/12/2005 09/12/2005 09/12/2005 09/12/2005 09/12/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/13/2005 09/14/2005 09/14/2005 09/14/2005 09/14/2005 09/14/2005 09/14/2005 09/14/2005 09/15/2005 09/15/2005 09/15/2005 09/15/2005 09/15/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 09/16/2005 2000086739 2000086740 2000086741 2000086742 2000086743 2000086744 2000086745 2000086746 2000086747 2000086748 2000086749 2000086750 2000086750 2000086751 2000086752 2000086753 2000086754 2000086755 2000086756 2000086757 2000086758 2000087267 2000087268 2000087269 2000087271 2000087272 2000087273 2000087274 2000087281 2000087284 2000087285 2000087286 2000087287 2000087288 2000087289 2000087290 2000087291 2000087292 2000087293 2000087294 2000087295 2000087296 2000087297 2000087298 2000087299 2000087859 2000087860 1612 A Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 09/17/05 To: Board of County Commissioners From: Constance C, Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 17,2005 through September 23,2005, In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.~ ~ ~ ~ ~ ~ ~ p ~ p p ~ ~ 000 0 0 0 0 0 000 0 000 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ffi m m ~ ~ m ~ ffi ~ ~ W N P 0 ~ 00 ~ m ~ ~ W N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p p p p p p ~ p p p ~ p ~ p p p p p ~ p p ~ p p p o 0 0 0 0 0 0 0 0 0 000 0 000 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ffi rn rn ~ ~ rn rn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W W W W w a ~ 00 ~ ffi m ~ W N P 0 ~ 00 ~ m ~ ~ w N P 0 ~ 00 ~ m ~ N N N N N N N N N N N N ~ N N N N N N N ~ N N N N N N N ~ N N N N N N N ~ N N N N N N N 000 0 0 0 0 0 000 0 0 0 0 0 0 0 0 000 0 0 0 000 0 0 000 0 0 0 a 0 0 000 0 0 000 0 0 a 0 a 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 000 0 0 0 0 a 0 0 0 0 0 0 0 0 a 0 0 000 0 a 0 0 0 000 a 0 0 0 0 0 0 0 a 0 0 0 0 a a a a a 0 a 0 000 0 a 0 a 0 0 a 0 0 a 0 0 a 0 0 0 0 a 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 a 00 00 00 00 00 00 ro 00 00 00 00 00 00 00 00 00 00 00 œ 00 00 00 00 00 00 00 00 00 ro 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w W ffi m rn rn rn rn rn ~ ~ ~ rn rn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w w W w W W W N N N N N N N N ~ N P a ~ 0 ~ 00 ~ m ~ ~ w ~ ~ a ~ 00 ~ m ~ ~ W N ~ 0 ~ 00 ~ m æ ~ w N ~ 0 ~ 00 ~ m rn ~ w N ~ 0 ~ w o a 0 0 0 0 000 0 0 0 0 000 0 a 0 a 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 a 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ w W ~ ~ w ~ ~ ~ w ~ ~ ~ w ~ ~ ~ w w w w ~ ~ ~ ~ ~ w w w w ~ ~ ~ ~ ~ w ~ w """""""""""""""""""""" ~ N N N N N ~ N N N N N N N ~ ~ N N N N N-~ N N N N N N N N N N N N N N N N N N ~ N N ~ o 0 0 0 0 0 0 a 0 0 0 a 0 0 0 0 0 ~ P ~ ~- ~ p ~ ~ P ~ ~ P~ ~ ~ ~ P ~ P ~ ~ ~ p ~ ~ ~ ~ """""""""""""'~"""""""'" N N N N N N N ~ N N N N N N ~ N N N N N N N N N N N N N N N N N N N ~ N N N N N N N N N 000 0 0 0 a a 0 0 0 0 a 0 0 0 0 0 0 000 000 0 0 000 0 0 a 0 a 0 000 0 0 0 0 a 000 0 0 a a 0 a a a 0 0 a 0 a 0 0 0 000 000 0 0 0 0 0 0 0 0 0 0 000 a 000 0 0 ~ ~ m rn ~ ~ æ rn ~ rn ~ ~ rn ~ ~ rn rn ~ æ æ rn rn ~ æ ~ rn rn rn m ~ ~ æ ~ rn rn æ ~ rn ~ m ~ rn ~ m c c c:: c c:: c (f) en m fJ) r.n r.n o 0 t:1 0 t:1 t:1 c c c c:: c c c c c c c c c c c c c c c c c c c c c c C m m m m m m fJ) (f) m m fJ) ill (f) m m r.n m m m (f) m fJ) m m m m en t:1 t:1 t:1 t:1 0 t:1 t:1 0 0 t:1 t:1 t:1 t:1 t:1 t:1 0 t:1 t:1 0 t:1 t:1 0 0 0 0 0 0 "-' ~ ~ ~ 00 "" N W ~ 00 W ~ 0 00 ~ ~ 00 00 ~ rn ~ w N 00 ~ ~ ~ N W æ m m w N ~ ~ "-' -.] ~ N w U1 ~ f-' (¡\ ~ 0 ....J o 0 L11 t:;:; 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AP Line Item Report for Payroll Operations Mgr. vêªªºp mQQqµgþ!!gµWÞ§i{q@ygP,g9PPPOr ~ª¥IDgn~!ªmªiªÞ q:~gªpîp,gJ Q¥pp,g:ª-qp; 100419 BONNESS INC 288/541.76 09/21/2005 2000087855 100522 CDW COMPUTER CENTERS INC 1/958.00 09/21/2005 2000087856 103623 JP MORGAN TRUST COMPANY NA 4/170.57 09/21/2005 2000087857 103795 CDWG 28/363.54 09/21/2005 2000087858 1084 Fifth Third Bank 778/173.12 09/22/2005 2000087862 100523 CDW GOVERNMENT INC 102.00 09/22/2005 2000087877 100589 CLERK OF COURTS 334.50 09/22/2005 2000087878 100897 DWIGHT E BROCK CLERK OF COURTS 12.00 09/22/2005 2000087879 101568 INTELITRAN 9/074.00 09/22/2005 2000087880 103242 WAYNE WILES CARPETS INC 2/580.00 09/22/2005 2000087881 103795 CDWG 1/360.75 09/22/2005 2000087882 103795 CDWG 3/131.55 09/22/2005 2000087883 102052 MITCHELL & STARK CONSTRUCTION CO 81/000.00 09/23/2005 2000087887 102893 SURETY CONSTRUCTION COMPANY 71/706.10 09/23/2005 2000087888 100933 EHC INC 101/483.87 09/23/2005 2000087889 100523 CDW GOVERNMENT INC 6/455.00 09/23/2005 2000087890 100919 ECONOMIC DEVELOPMENT COUNCIL 23/203.60 09/23/2005 2000087891 101678 JOHNSON CONTROLS INC 224.22 09/23/2005 2000087892 103795 CDWG 5,148.10 09/23/2005 2000087894 111006 WACHOVIA BANK 15,871.36 09/23/2005 2000087895 100522 CDW COMPUTER CENTERS INC 223.00 09/23/2005 2000087896 110311 MARINE CONTRACTING GROUP, INC. 237,741.42 09/23/2005 2000087897 1084 Fifth Third Bank 3,533.97 09/23/2005 2000087898 100628 COLLIER COUNTY SHERIFFS OFFICE 10,898.66 09/19/2005 2000087306 100805 DELL MARKETING LP 354.06 09/19/2005 2000087307 101862 LODGE CONSTRUCTION INC 119,550.87 09/19/2005 2000087308 101862 LODGE CONSTRUCTION INC 0.00 09/19/2005 2000087308 102809 SPILLIS CANDELA & PARTNERS INC 13/625.88 09/19/2005 2000087309 106306 THE SCHOOL DISTRICT OF COLLIER 30/549.98 09/19/2005 2000087310 108465 JOHN CARLO INC 554/502.19 09/19/2005 2000087311 109122 WHARTON SMITH INC 501/754.46 09/19/2005 2000087312 100378 BETTER ROADS INC 2,971.60 09/20/2005 2000087313 101128 FLORIDA DEPARTMENT OF REVENUE 10/257.17 09/20/2005 2000087314 103230 WASTE MANAGEMENT INC 1/125/781.19 09/20/2005 2000087315 1001 SUNCOAST SCHOOLS 146/879.26 09/22/2005 2000087316 1005 NATIONWIDE RETIREMENT SOLUTIONS 45,128.08 09/22/2005 2000087317 1006 ICMA RETIREMENT TRUST - 457 31/740.39 09/22/2005 2000087318 1612 A Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 09/24/05 To: Board of County Commissioners From: Constance C, Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 24,2005 through September 30,2005. In accordance with Florida Statutes, Chapter 136,06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p p ~ ~ ~ p ~ p p p ~ p ~ p ~ p ~ p ~ p p p p ~ p p ~ p p p ~ p p p p p p p p p p ~ p p p ~ p p ~ p p ~ p ~ p p p p p p P P 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 000 0 000 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ N P P P ~ P ~ P ~ P ~ 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 00 00 o ~ m ~ ~ rn ~ w ~ p 0 ~ 00 ~ ~ rn ~ W N P 0 ~ CD ~ ffi ~ ~ W N P 0 ~ W ~ ~ rn ~ W ~ P 0 ~ CD ~ N N N tv r0 00000 00000 o 0 Q a 0 00000 (Xi CD 00 CD (jj. ..,..¡ ~ ....J ~-....J I.D 1..0 I.D ~ \D þÞ. ~ W W W ..,.. 0 I..D 00 ~ 000 a 0 0 I..D i.D 1..0 I..D I..D \j) .........,..........."'-...;................... 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H lI) lI) Lf1 Lf1 lI) en lI) en Lf1 Lf1 lI) en Lf1 Lf1 Lf1 en lI) Lf1 Lf1 ~ tIJ <:: -" -" w QJ M rl M rl M M M M M rl M M M rl M rl M rl M '0 QJ II! ç:: <:: u p. rl M M M M rl rl M M rl rl M M M M M rl M M II! H ..... ~ II! II! u QJ r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- p., II! P. I:I1 I:I1 <>: (J] 0 II! 0 I:I1 Z U 1612-A 10/10/2005 AP Line Item Report for Payroll Operations Mgr. 2A AP Line Item Report for Payroll Operations Mgr. V@µgg& mq99µP;þ.:ªµmÞêpQ:~HYêpªqP. QP~q!#::H iªHêm~ªmªµµ:j$ pJ;¢.f4P$Mili',nUÇJ;#pçj:::@qq:.·;: 100419 101764 103196 100508 100861 103795 104339 101678 1084 107914 100589 100861 100508 100522 100697 100861 100897 101157 102052 102915 103181 103196 106674 111221 101157 103795 100589 100897 100897 100102 100102 102052 104271 108045 111011 100377 100378 100578 100627 100677 100848 100861 100897 100919 101678 102893 102915 103795 105463 105708 106674 100523 100675 102827 103242 103795 104919 BONNESS INC KRAFT CONSTRUCTION VILA & SON LANDSCAPE CORP CARTER FENCE COMPANY INC DON HUNTER SHERIFF CDWG HEWLETT PACKARD JOHNSON CONTROLS INC Fifth Third Bank CAMP DRESSER & MCKEE CLERK OF COURTS DON HUNTER SHERIFF CARTER FENCE COMPANY INC CDW COMPUTER CENTERS INC CONDITIONED AIR CORPORATION DON HUNTER SHERIFF DWIGHT E BROCK CLERK OF COURTS FLORIDA MEDICAID/COUNTY BILLING MITCHELL & STARK CONSTRUCTION CO TAMIAMI FORD INC VANDERBILT BAY CONSTRUCTION INC VILA & SON LANDSCAPE CORP COMPSERV INC DLT SOLUTIONS INC FLORIDA MEDICAID/COUNTY BILLING CDWG CLERK OF COURTS DWIGHT E BROCK CLERK OF COURTS DWIGHT E BROCK CLERK OF COURTS AJAX PAVEING INDUSTRIES INC AJAX PAVEING INDUSTRIES INC MITCHELL & STARK CONSTRUCTION CO ENCORE CONSTRUCTION DIVERSIFIED DRILLING CORPORATION LUXURY RESORT MARKETING BETTER ROADS INC BETTER ROADS INC CITY OF NAPLES COLLIER COUNTY PUBLIC SCHOOLS COMMUNICATIONS INTERNATIONAL INC DISTRICT TWENTY MEDICAL EXAMINER DON HUNTER SHERIFF DWIGHT E BROCK CLERK OF COURTS ECONOMIC DEVELOPMENT COUNCIL JOHNSON CONTROLS INC SURETY CONSTRUCTION COMPANY TAMIAMI FORD INC CDWG DELL COMPUTER NABORS GIBLIN & NICKERSON PA COMPSERV INC CDW GOVERNMENT INC COMMUNICATIONS INTERNATIONAL INC STANDARD & POOR'S CORPORATION WAYNE WILES CARPETS INC CDWG HERMAN MILLER WORKPLACE RESOURCE 49,996.99 951,900.73 8,099.51 2,912.00 49,079.81 835.89 3,459.00 896.89 88.88 20,718.00 93,550.00 0.00 995.00 2,136.99 30,428.51 186,457.59 532.40 158,174.95 8,523.89 15,052.50 440,064.03 5,355.00 4,950.00 1,860.60 49,333.13 39,347.96 886.20 13.00 1,162.10 364,753.43 0.00 309,468.65 17,051.60 95,501.70 1,213.17 2,424.32 120.00 28,000.00 28,160.49 328.35 32,558.41 0.00 110.50 68,850.58 14,841.93 7,450.00 15,065.00 3,638.99 1,024.83 4,851.60 5,790.00 32.00 142,308.29 7,006.52 335.00 3,087.00 2,818.39 09/26/2005 09/26/2005 09/26/2005 09/26/2005 09/26/2005 09/26/2005 09/26/2005 09/26/2005 09/26/2005 09/27/2005 09/27/2005 09/27/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/28/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 2000087900 2000087901 2000087902 2000087903 2000087904 2000087906 2000087907 2000087909 2000087910 2000087911 2000087912 2000087913 2000088496 2000088497 2000088498 2000088499 2000088500 2000088501 2000088502 2000088503 2000088504 2000088505 2000088507 2000088508 2000088509 2000088511 2000088520 2000088521 2000088522 2000088524 2000088524 2000088525 2000088526 2000088527 2000088528 2000088530 2000088531 2000088532 2000088533 2000088534 2000088535 2000088536 2000088537 2000088538 2000088539 2000088540 2000088541 2000088542 2000088544 2000088545 2000088546 2000088547 2000088548 2000088549 2000088550 2000088551 2000088552 10/10/2005 AP Line Item Report for Payroll Operations Mgr. 3 A vêf:iaöM .-. ----.-.-.... Hûfclbê£ 8f\ ¥@i%ldÐ ................. .---.--.-..... ..."...--..,.-----.........-..... Q$.!ªªpì#gU:: @f#ngªºP....·. Äd68ûht ,:ør C1rdd Æ~WYm*PJ.þ.:!ªfu9µftþ ...................... ............................ ...................... ................ ....... ::;:....::..::::::::::::::::: ...................... . . . . . . . . . . . . . . . . . . . . . . . . . .... .............. ....................... 1 0 5 1 8 4 CDWG INC 6 7 6 6 1 0 9 / 3 0 / 2 0 0 5 2 0 0 0 0 8 8 5 5 3 1 0 5 2 4 6 P I TNEY BOWE S INC 1 I 0 6 3 0 0 0 9 / 3 0 / 2 0 0 5 2 0 0 0 0 8 8 5 5 4 1 0 5 2 4 6 P I TNEY BOWES INC 1 I 0 9 5 0 0 0 9 / 3 0 / 2 0 0 5 2 0 0 0 0 8 8 5 5 5 1 0 0 6 2 8 COLL I ER COUNTY SHER I F FS 0 F F I CE 1 I 4 2 4 5 3 0 9 / 3 0 / 2 0 0 5 2 0 0 0 0 8 8 5 5 6 1612-A Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/01/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 1,2005 through October 7,2005. In accordance with Florida Statutes, Chapter 136,06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481, 1612 A r- U ri ~ ~ ~ .. p:: o '" ri :E ri :::~:: :::~~:: :"':0:: q -::::iif :~ --.... LJ) 0 0 N --.... 0 ri H (l) --.... (l) tJ1 0 ~ Æ ri 0 U µ:¡ ..;¡ t) r>. :s ..;¡ ..;¡ ..;¡ w ¡:,.. ¡:,.. ..; U ¡:,.. ..;¡ H p., Q t;3 :r: ~ $ æ æ ö ..; ..; t;3 .r:: ¡:: !1i U p:: {J] :>< ..;¡ {J] 3 H ..;¡ Ö1 ..;¡ 0 ..;¡ ..;¡ (f} ..; Q µ:¡ {J] E-< ¡:,.. {J] {J] ~ {J] ¡:,.. H p.¡ .w ~ E r>. ..;¡ p.¡ 0:: µ:¡ 0 Ç¡ ~ ~ '" ..; {J] p:: 0 ;:! tJ1 () ¡:,.. 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H~~~~p..p..O~::r:::8":¡WH~Q~~UWOQWH~":¡O~QOWp..::r:OHHOW~ZOH~QW~ >~~CJ~~~UQ~U~~~~U~ZH'::¡;UU::r:~~UUQUQQ~~U~UUQQH":¡::8~U::r:~ ~ Q¡:: ~Æ ...~. .~: :Þ': ~.--I.--Ioo~~~oo~oo~~~~L(1N .--I~L(1m~ ~~~L(1~~~~~ O~.--I~ooN~~L(1~ ~~~00~L(10Nm~~.--I~0~~ oo~~.--IO oo~~~~~~o~ oo~o~~~~~~~ .--INN~.--I000~00~L(1.--1oo0~~.--IL(1~0~~~~~L(1~00~0~0~~0L(1~0000L(100000~~~ ~~~~~ooNOON~~~L(10.--l00000~~~00000~~L(1~~~~0000.--l.--lNN~~00 00000000000000.--1.--1000000000000000000000000000000 .--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1.--1 1612 B 2 MEMORANDUM Mise, Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEi\/ED OCT 0 5 2005 Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: October 4,2005 Miscellaneous Correspondence - BCC Agenda ~: Please place the following item on the next available BCC agenda and call me at extension 8350 with¥ the date and Miscellaneous Correspondence agenda item number, Golden Gate Fire Control & Rescue District 1, Pursuant to Florida Statute189, Golden Gate Fire Control & Rescue District has submitted the following items: a, Notice of Registered Agenet. b, Public Meeting Schedule for 2005/2006, c, Fiscal Year 2006 Budget. 2, Golden Gate Fire Control & Rescue District has submitted the following items: a, Fire District Map. b, Letter regarding Outstanding Bonds, Thank you :\speciallspecial Mise, Corrés: Date: j L } J /OS , I - Item': 1hZ ~ Copies to: 1,612 r 2 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY· NAPLES, FLORIDA34116-6901 (239) 348-7540 · FAX (239) 348-7546 September 26, 2005 Clerk of the Circuit Court Finance Department 2671 Airport Road, South Court Plaza III Naples, Florida 34112 Dear SirlMadam: This is to advise that I, Donald R. Peterson am still the Registered Agent for the Golden Gate Fire District and have been since 7/31/90. A copy of the "Designation of Registered Agent" form filed with the Department of Community Affairs is attached. Sincerely, ~"\ ~,/:/(} /.-:)/::~ -- ~ q I"- ([~ ~---- Donald R. Peterson Fire Chief f I. ?"~ 1\ , SEP :$ 0 2005 DRP/pm Attachment , ~- 16 I ~B·'~-~'o· Golden Gate Fire Control and Rescue District (District ~~ar.1e) DESIGNATION OF REGISTERED AGENT Golden Gate Fire Control and Rescue District (District Name) pursuant to Chapter 189.004, Florida Statutes, hereby designates as the registered office as its registered or demand required or permitted 4741 Golden Gate Parkway, Naples, FI (Street Address) 33999 of the said District. Donald R. Peterson agent upon whom any process, notice by law may be served and designates This designation shall be filed with the Clerk, Circuit Court in the County or Counties in which the District is located and the State Department of Veteran and Community Affairs. Golden Gate Fire Control & Rescue Distrj (District Name) Attest: ~~ - Chairman .. By: ;* ACCEPTANCE The undersigned hereby accepts the above designation and agrees to serve in such capacity as of the 31st day of July 1990. Donald R. Peterson Typed or printed name ~R_ ~~ Sigr.ature ~'* '101<-..." '" . .."".".__.,..,".........___'c.e..."._"'_... FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FY 2004/2005 SPECIAL DISTRICT FEE INVOICE AND UPDATE FORM Invoice No.: 12692 Date Invoiced: 10 / 4 DCA use only: Post to: 528040, 2-510080-0010000 Instructions: In accordance with Sections 189.412 and 189.427, F.S., and Chapter 9B-50, FAC., please remit the fee due payable to the Department of Community Affairs OR complete the Zero Annual Fee Certification Section, as appropriate, In addition, review the information below about the district and update as necessary, Provide backup documentation if the district's name or status has changed, By the postmarked due date, mail the payment and this signed form to the Department of Community Affairs, Finance and Accounting Office, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Direct questions to (850) 922-5431 or SUNCOM 292-5431. ANNUAL FEE: $175.00 LATE FEE: $0,00 RECEIVED: $0.00 FEE DUE, POSTMARKED BY 12/08/2004: $175.00 District's Name, Registered Agent & Office*: Golden Gate Fire Control & Rescue District Mr. Donald R. Peterson 4741 Golden Gate Parkway Naples, FI34116 Telephone: (239) 348-7540 Fax: (239) 348-7546 E-mail: dpeterson@ggfire.com Website: www.ggfire.com Status*: Independent - - -- - -- -- --- - -- - - - --- - - - --- -- - --- - -- -- - -- - - - -- --- -- - - -- - - - - - -- -- - - --- - - - - - - -- - - - - - - - -- - ---- - - - - - - -- - - -- - - - -- - -- - -- - - - - - -- ---- - - - - -- - -- - - - -- - ---- - --- - - -- - ---- - --- ---- - -- - - - -- --- - -- -- - -- - ---- - --- - - --- County(ies): Collier Local Governing Authority*: Collier County Function(s)*: Fire Control and Rescue Date Established: 01/08/1983 Creation Documents*: Ch, 87-498, L.O,F, Statutory Authority*: Chapter 191; Section 633,15, F .S, Board Selection*: Elected Authority to Issue Bonds*: Yes Revenue Source*; Ad Valorem Registered Agent: Status: Local Governing Authority: Functions: Creation Documents: Statutory Authority: Board Selection: Authority to Issue Bonds: Revenue Source: *Explanations The person designated by the special district to accept due process on behalf of the special district Independent or Dependent - see Section 189.403, F,S, The governing body of a unit of local general-purpose government The function/purpose of the special district Ordinance, Resolution, Statute, Special Act, Court Decree, InterlocalAgreement, etc. The Florida Statute governing the function of the special district Appointed, Appointed/Elected, Elected, Governor Appoints, Local Governing Authority Appoints, Same as Local Governing Authority, Similar to Local Governing Authority, Other Yes or No Ad Valorem, Assessments, Assessments/Fees, Fees, Non Ad-Valorem, State Funds,TIF,Tolls, None, Other CERTIFICATION: I, the undersigned registered agent, do hereby certify that the information above is accurate and complete as of this date, It does _ or d~ not ---X- need to be ch~ed>7 -.-".----.----. 1612 a2 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY· NAPLES, FLORIDA34116-6901 (239) 348-7540· FAX (239) 348-7546 September 21, 2005 Clerk of the Circuit Court Finance Department 2671 Airport Road, South Court Plaza III Naples, Florida 34112 Dear Sir/Madam: The Golden Gate Fire Control & Rescue District Commissioners, during the September 14, 2005, meeting has established the second Wednesday of every month for their regular meetings. The following is a list ofthe regular fIre commission meeting dates for fIscal year 2005/06. October 12, 2005 November 9, 2005 December 14, 2005 January 11,2006 February 8, 2006 March 8, 2006 April 12, 2006 May 10,2006 June 14,2006 July 12, 2006 August 9, 2006 September 13, 2006 '¡..-., SEP1 (I 2005 All meetings will be held at the fIfe station located at 100 13th Street SW (off of Golden Gate Boulevard) and will commence at 6:30 PM. Sincerely, w'········ .-r::;.ê::/;?" . \. /) ./~:7 ~/- ,t/ ,'// /' ..0' ::.e~/-t/ t/C (if./ J......-;;2kf-- Donald R. Peterson Fire Chief DRP/cc 1612 82 . 8 z~øo6 ~... m CI>~~~ (I) - (J) ..... . c.o> "TI(.1)c:-i r-:::Jmm ~~o:r:! -"--:JJ ....CO(J)m ~D\':å~o C02t- gl~~ ~ ~ r- 200512006 REVENUE A B I C I D 3 REVENUE ESTIMATE 2005/2006 4 5 2004/2005 2005/2006 6 TYPE REVENUE ADJ, BUDGET BUDGET 9 AD VALOREM TAX $4,709,984,00 $5,948,471.00 10 11 INTEREST: 12 INVESTMENTS $25,000.00 $25,000.00 13 TAX COLLECTOR $900.00 $900.00 14 15 MISCELLANEOUS $75,000,00 $150,000.00 16 , 17 DONATIONS $4,400.00 $1,000.00 18 19 INSPECTION FEES $175,000,00 $225,000.00 20 $850.00 - 21 BURN PERMIT FEES $850,00 22 23 COLLIER COUNTY CONTRACT $88,200.00 $106,700.00 24 25 F/F COMPENSATION $3,120,00 $3,120.00 26 27 CARRY FORWARD $755,000,00 $650,000.00 30 GENERAL FUND TOTAL $5,837,454,00 $7,111,041.00 31 (OPERATING BUDGET) 33 IMPACT FEES 34 (CAPITAL IMPROVEMENT) 35 I 36 IMPACT FEE REVENUE $725,000,00 $625,000.00 37 38 CARRY FORWARD 39 (IMPACT FEES) $1,334,890,00 $1,135,675.00 43 IMPACT FEE TOTAL $2,059,890.00 $1,760,675.00 44 (CAPITAL IMPROVEMENT) 46 DEBT SERVICE FUND 47 48 INVESTMENT INCOME FROM 49 DEBT PROCEEDS $55,000,00 $55,000.00 50 51 CARRY FORWARD 52 (NEW BUILDING LOAN) $6,772,592.00 $6,650,658.00 55 DEBT SERVICE TOTAL $6,827,592.00 $6,705,658.00 57 58 TOTAL REVENUE $14,724,936.00 $15,577,374.00 59 60 61 ~\M.?ro~<..~ 9/29/05 9/27/2005 4:01 PM Page 1 "_,^..~o<,.."_.,~__-..._",,____,____""_'__' _ .__ ,.~_~__._,_....__...._~."_..,,._"~o<.,~~ "" SEP :3 () 2005 ¡ ..:~ 2005/2006 BUDGET (10/1/05) 1612 B 2 A B C D E F 1 CODE DESCRIPTION ADJ,GEN,FUND GEN. FUND IMPACT FEE DEBT SERVICE 2 2004/05 2005/06 2005/06 2005/06 4 1101 COMM. SALARY $18,000.00 $18,000.00 5 1201 REGULAR SALARIES $2,449,318,00 $3,014,372.00 6 1401 OVERTIME $135,000,00 $162,000.00 7 2101 REGULAR FICA $190,127.00 $231,105.00 8 2102 OVERTIME FICA $11,475,00 $12,393.00 9 2201 REG. RETIREMENT $433,902,00 $525,835.00 10 2202 OVERTIME RET. $24,876,00 $30,019.00 11 2301 HEALTH INSURANCE $699,144,00 $882,779.00 12 2401 WORKMEN'S COMPo $188,683.00 $145,000.00 13 2501 UNEMPLOYMENT $10,500,00 $13,650.00 14 3101 LEGAL FEES $25,000,00 $25,000.00 15 3102 PHYSICIANS FEES $17,000.00 $23,000.00 16 3103 PHYSICAL FITNESS $10,000,00 $10,000.00 17 3201 ANNUAL AUDIT $16,800.00 $15,000.00 18 3402 OUTSIDE SERVICE $58,950,00 $64,845.00 19 3406 PROPERTY APPRAISER $28,879,00 $43,072.00 20 3407 TAX COLLECTOR FEES $91,130.00 $118,970.00 21 4001 TRAVEL $17,280,00 $18,000.00 22 4002 COMM. TRAVEL $3,000,00 $3,000.00 23 4100 CELL PHONE $14,500,00 $14,500.00 24 4101 BASE TELEPHONE $19,500,00 $19,500.00 25 4102 TOLL CALLS $3,000,00 $3,000.00 26 4103 POSTAGE & FRGHT. $2,563,00 $7,600.00 27 4301 ELECTRICITY $33,120.00 $33,000.00 -- 28 4302 TRASH PICKUP $3,640,00 $3,640.00 29 4303 WATER & SEWER $5,500,00 $6,000.00 30 4501 INSURANCE $60,134,00 $63,742.00 31 4601 BUILDING R & M $11,000,00 $25,000.00 32 4602 GROUNDS R & M $14,000.00 $23,000.00 33 4603 VEHICLE R & M $85,000,00 $85,000.00 34 4604 TOOLS & MACH. R&M $34,250.00 $34,000.00 35 4605 COMMUNICATION R&M $9,750,00 $9,750.00 36 4606 OFFICE EQUIP. R&M $19,000,00 $19,000.00 37 4701 PRINTING $5,500,00 $5,500.00 38 4801 PUB EDUCATION MATERIAL $20,000,00 $25,000.00 39 4802 LOCK BOX & ADD. SIGNS $1,500,00 $1,500.00 40 4901 LEGAL ADS $5,400,00 $6,000.00 41 4905 MINOR EQUIPMENT $11,500,00 $16,500.00 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 Golden Gate Parkway Naples, Fl 34116-6901 9/27/2005 3:55 PM Page 1 ~.",_~.,.~.,.,..."..,.,~",,,,,,,,,,__,,,,,,,,,,,,,,,____.___.>,,~_.."m.._'_ 2005/2006 BUDGET (10/1/05) 1612 B 2 c.> .þ. 0 z~Ø<>5 0.>.... rn ro ::0 ...." -G').......- <.1)0'''(;1 (J)ö:U>)> "'\(Ð C"') --I r-::]Crn \,oJG)rn"T'\ ~ þj 0 -- ..........-:JJ -"co~m ~~~8 §I~~ '< ¡g .- A B C D E F 42 CODE DESCRIPTION ADJ,GEN,FUND GEN. FUND IMPACT FEE DEBT SERVICE 43 2004/2005 2005106 2005106 2005106 45 5101 OFFICE SUPPLIES $9,000,00 $10,500.00 46 5201 CLOTHING & UNIFORMS $75,000,00 $75,000.00 47 5202 FOODS $5,500,00 $5,500.00 48 5203 FUELS & LUBES $68,850,00 $80,000.00 49 5204 CLEANING SUPPLIES $6,000,00 $6,000.00 50 5205 OTHER SUPPLIES $16,500,00 $16,500.00 51 5206 MEDICAL SUPPLIES $7,700,00 $7,700.00 52 5207 SOFTWARE & EQUIP. $11,000,00 $37,500.00 53 5208 CERT MATERIAL $2,500,00 $5,000.00 54 5401 BOOKS,SUB.,PUB. $7,600,00 $7,600.00 55 5402 DUES & MEMBERSHIPS $4,000.00 $4,800.00 56 5403 EDUCATIONAL EXPENSE $28,000,00 $30,000.00 57 5404 COMMISSION EDUCATION $3,000,00 $3,000.00 58 6401 COMMUNICATION EQUIP. $20,000,00 $20,000.00 59 6402 OFFICE EQUIPMENT $10,000,00 $10,000.00 60 6403 SHOP EQUIPMENT $0.00 $65,000.00 61 6404 OTHER EQUIPMENT $20,000,00 $65,000.00 62 6406 VEHICLE PURCHASE $0,00 $30,000.00 63 6407 REFURBISH VEHICLES $0.00 $50,000.00 -~ 64 6410 IMPACT FEE EQUIPMENT $35,000.00 65 6411 IMPACT FEE PROPERTY $0.00 66 6413 IMPACT FEE STATION 73 $0.00 67 6416 IMPACT FEE VEHICLE -- $65,000.00 -- 68 7103 STATION #70 $4,199,00 $4,199.00 69 7104 IMPACT FEE STA. #70 $12,596.00 70 7105 IMPACT FEE CONST.LOAN #73 $276,167.00 $0.00 71 7106 CON ST. LOAN #73 $0.00 72 7110 IMPACT FEE ENGINE LEASE $175,363.00 73 7201 INTEREST $366,353.00 $0.00 74 9901 CONTINGENCY $45,000,00 $45,000.00 75 9902 RESERVE LEAVE CREDITS $80,000,00 $80,000.00 76 9903 RESERVE CAP. OUTLAY $125,590,00 $131,693.00 77 9904 RESERVE INSURANCE $208,225,00 $208,225.00 78 9905 5% RESERVE $291,869,00 $355,552.00 79 9910 RESERVE IMPACT FEES $830,196.00 80 9911 RESERVE CONST. LOAN $6,705,658.00 82 GENERAL FUND TOTAL $5,837,454,00 $7,111,041.00 83 (OPERATING BUDGET) .. 84 85 IMPACT FEE TOTAL $1,760,675.00 86 (IMPACT FEE BUDGET) 87 88 DEBT SERVICE TOTAL $6,705,658.00 89 91 92 TOTAL BUDGET 2005106 $15,577 ,374.00 93 94 95 A¡(~7(1¡\Ìr~ 9/29/05 9/27/2005 3:55 PM Page 2 ."^_"",...,.,~."_,,.,~_______,,__,~,._c__".~ 19 - 30 ~pr Golden ~ 31 9/30/05 1 b TZ-H ~L~'s-IM~~KhL~~ 7"26 25., ~: 36 - . - 5 42 ~,,~V .' -A 4 1;2 AV E r"" 50 AV HE .--!II. I A\i NI' Þ-- -_ Þ- 'IN'" I A~ A:'-AV Gate Fire control & Rescue Dist. 5 FIRE DISTRICT MAP 34 84 - 3 2 ~ 6 No changes have been made to the District1s boundaries since filing - .-map in Sept. 1997. 7 -'-- 18,.17 751 19 Iii h:.20 §!.I.-.u 130 ~ I - . ca87 I I 31 I AD fA :.: <86 o ." I 6 I 3& RD Ih18 p.~ 19 - 8 9 10 - 11 12 ,-- 16 15 14 21 22 23 RD ,- 28 27 26 iS1 33 34 35 ~ 13 18 24 19 ~ r'--' 25M YO 36 - 31; ~~~t~:t I,j 8 5 , ~ ioa ,.. _r' .._,...-.".._..__.,c~.""...".""___·"",__~~___·",",,~·_,,,,,~,.· .'~"=__d"'_""_ ~..~.." ._--,.,_",.,,_""...._,_,.,"_.. <::5 - ... 95 2 Z - 'AV ~8 , AV Öd' AV 32 'AV 7 if:¡ dZ,z,~,~f~ "'Ii ~~I:!I~~ ~ ~3 ---- 17 I ~ ' av 14 13 I.. 20 ~ F :¡;fj ren /~ 2 CD.., ~ ..) ~~ IItree ._ , NF A NF -A 2 l?fWF &3 "" 9 -.,.. - 32 M tI I 13: 1-1- f¡ !iii Iii Mo- .. In 8 I- 1-1- IIiI 12 '.- 21 22 27 26 3 10 -- + 15 ~~-,...~~,~,-"......_---_.."',..;'''"'--,.,''."'''"."'-, 1 ~ 16 ~A"" 31 ,<1 27RQ <-, I R;; ~46 <-u \:,......1 27 26 ~ " ;,¿~ 0 IW -\34 :<&ð ~'i :; !)'" 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N "It ID.CO ~ :::: I 8 IAV E 13 0'''' w:: ...... ~ ...... - - !P ¡. - ... ... , It " b" 15 14" 13 1'48,. VA:1 E IA4 5 ~ 116 -iU- cu- .&> , :1'. IF__ 23 ~4 I~; - f- Ò. b2 L. I ?AA, 66 :1' IA5 A . 26 V E 'Io:i" b.v :F RII 30 V E 25 I 3281 VR9 E 90 7 . 34 V E ~tt-I-W--'" I 38 V :1' 36 I 409 b,.. 92 E 91 ,j4 I , 11 1 14 1 23 , < 26 ~ '.' ~4~ 2 h~A" :.wi I~· AV SE !.2Q.~ s.: - 4V Sf ¡52 ~I::¡~ AV SE ft 'RI: AV SE I:R 11?~ mJI SE o AV SE 34 96 , 98' <Ai B 102 0 104 1::::0 m .,,,, m 22 ~~~ ~,~~ [[:!] I~ ~O-l 4~2 ~A AV o AV 2 A V 1~' 14 A\J _ AV < ~D·fF, AV, A\I 4V 27 1~'2 92 - - GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY· NAPLES, FLORIDA34116-6901 (239) 348-7540· FAX (239) 348-7546 September 30, 2005 Clerk of the Circuit Court Finance Department 2671 Airport Road, South Court Plaza III Naples, Florida 34112 Dear Sir/Madarn: As of September 30, 2005, the Golden Gate Fire Control & Rescue District does not have any outstanding bonds. Sincerely, \:"\, (J, £7' //?#-, ~~ (:' ~ Donald R. Peterson Fire Chief PEC[I\' ,-:') SEP :3 0 2005 DRP/pm 1612 82 MEMORANDUM Mise, Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEiVED OCT 0 5 2005 FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department Board of County' Commissioners DATE: RE: October 4, 2005 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Cow Slouah Water Control District 1, Cow Slough Water Control District has submitted the following items: a. Annual Local Government Financial Report for Fiscal year ended September 2004, b, Audited Financial Statement. c, Fiscal Year 2006 Budget. Thank you :\special\special Mise, Corres: Dale /II- I L 1).5 Item #: ¡(PI. ~ 13 ;¿ , Copies to: COW SLOUGH WATER CONTROL DISÅR:~ 12 POST OFFICE BOX 1986, ARCADIA, FL34265/PHONE: 863-494-40211FAX: 863-494-5361 September 26,2005 (') "",) :) CD ;'J -< () \.J, I I---·~ I) , I r-- : , "1 :::0 / '·":i I ");T1 - ' C', C,,) ,-' I C) :"'""i"\' . I ' . r) -0 ,< (") -,~ :". r I c:: ... ¡ ..... Mr. Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413016 Naples, Florida 33941-3016 ~-"-i OCT 0:3 2005 ¡... II < ¡ Dear Mr. Brock: In accordance with the requirements of Florida Statutes, Sections 11.45 and 218.32 (I) (b), enclosed please find one copy of the audited financial statement and one copy of the annual Local Government Financial Report for fiscal year ended September 2004, for the Cow Slough Water Control District. Thank you. Dana District Administrator Cow Slough Water Control District Enclosures (2) C '\OFFIC E\ WPWIN\WPDOCSlcsaudItletters, LET ." o ;a 3: 1:1 ." 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N N ~ ~ (1) ê (1) 0 I:: ~ C' - if! t'Þ ::! t=;" t'Þ 0 "t "'I ~. t'Þ n - '" 0 "t ~ "'I a ~ ::I t'Þ ::I - ::I - ~ -d :: '" t'Þ 0 t'Þ ::! ñ (!) 0 (!) ::I '" Õ ::I 0 d ~ 0 e - '" 0 tÞ 8 0 ., +- +- '" !'-' N ::I vJ vJ ¡:: --. --. 8 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N B 2 ~t"j ::I ~ -,'t: - ~ 8 ::I Q.. -. e- \oN "'I <:> I'D <:> '" c I <:> ""1 -... ~. n !:. ><: > I'D t."'" ~ r> "'I P- o r> trj ~ ::I 0 ø Q.. ~ 0 t'Þ <: Q.. tÞ N ., <:> ::I 8 <:> tÞ +- ~ Z '" 8 tÞ [JJ 't: g t'Þ n ~ æ.: ~ ~ :0:: ~ ~ ~ g :: ::;- ~ - ~ b ~ &: 'E. F)' - .... ~ t"j if!;' - (!) "'I ::I ~ ""1 = ::I Q.. 4") "'I o = 't: '" "t ,.., ("") o ~3 't: o ::I t'Þ ::I - "é '" <Jq tÞ Z ¡:: I:: 8 '=' ~ tÞ I'D :1 \0 .- -- 0 \oN <:> ..., -- .- <:> .¡.. ~ ,.., o - ~ ~ COW SLOUGH WATER CONTROL DISTRICT Annual Financial Report September 30, 2004 1612 8 2 OCT \);) ¿UU3 ,~ r->~ ./Ä. IECEIYED SEP 2 2 Z005 COW SLOUGH WATER CONTROL DISTRICT September 30, 2004 Table of Contents Independent Auditors' Report Management's Discussion and Analysis Basic Financial Statements Statement of Net Assets and Governmental Funds Balance Sheet Statement of Activities and Governmental Fund Revenues, Expenditures and Changes Fund Balance Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund Notes to Financial Statements Letters of Comments to Management Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Independent Auditors' Management Letter Auditee's Response to Auditors' Reports and Management Letter 1b12 B 2 Paqes 1-2 3-6 7 8 9 10-16 17-18 19-20 21 BOY. MILLER, KISKER & PERRY, P.Á. CERTIFIED PUBLIC ACCOUNTANTS 1 b 12 82 40l SOUTH W,c. OWEN AVENUE p, 0, BOX 488 CLEWISTON, FLORIDA 33440 90 YEOMANS AVENUE p, O. BOX 490 LABELLE, FLORIDA 33975 , (863) 983-5144 (863) 983-9164 FAX (863) 983-3765 bmkpcpas@aol.com INDEPENDENT AUDITORS' REPORT (863) 675-3777 FAX (863) 675-0576 bmkpcpas@aol.com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS JOHN B. BOY, JR., C.P,A. DAVID N, MILLER, C.P,A. WILLIAM C. KISKER, JR,. C.P.A. JOHN C. PERRY, C.P.A. Board of Supervisors Cow Slough Water Control LaBelle, Florida District We have audited the accompanying financial statements of the governmental activities and the fund information of Cow Slough Water Control District as of and for the year ended September 30, 2004, which collectively comprise the District's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the District's management, Our responsibility is to express an opinion on these financial statements based on our audit, We conducted our audit in accordance with auditing standards generally accepted in the united States of America and the standards applicable to financial audits contained in Government Auditinq Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion, In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the fund information of Cow Slough Water Control District as of September 30, 2004, and the respective changes in financial position, thereof, and the respective budgetary comparison for the General Fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. As described in Note 1, the District has implemented a new financial reporting model, as required by the provisions of GASB Statement No. 34, Basic Financial Statements - and Manaqement's Discussion and Analysis - for State and Local Governments, as of September 30, 2004. 1612 8 . In accordance with Government Auditinq Standards, we have also issued our report dated August 15, 2005, on our consideration of Cow Slough Water Control District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditinq Standards and should be read in conjunction with this report in considering the results of our audit, The management's discussion and analysis on pages 3 through 6 is not a required part of the basic financial statements, but is supplementary information required by accounting principles generally accepted in the United States of America, We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. Au':1:::::,)/ÁAI'(/, fit. 2 1612 8 MANAGEMENT'S DISCUSSION AND ANALYSIS The Management of Cow Slough Water Control District would like to offer the readers of the District's financial statements this discussion and analysis of the District's financial activities during the fiscal year ended September 30, 2004. We encourage readers to consider the information presented in this discussion and analysis in conjunction with the District's financial statements, which follow this section, The District has entered into an agreement to provide for the administration of the districts' operations under the control of the Board of Supervisors. FINANCIAL AND DISTRICT HIGHLIGHTS Financial Highlights · The assets of the District exceeded its liabilities at the end of the fiscal year ended September 30, 2004 by $107,679 which is to be used to meet the District's ongoing operations, · The District's total net assets increased by $892. · The District's total revenue (on an accrual basis) was $43,264 for the year ended September 30, 2004, · Total expenses for all of the District's activities were $42,372 for the year, District Highlights · The District incurred assorted charges for the cleaning, spraying and mowing of the various canals, laterals and right-of-ways within the District to facilitate the drainage during the fiscal year. They increased the spending on canal maintenance by 27% from the prior fiscal year. USING THIS ANNUAL REPORT This discussion and analysis is intended to serve as an introduction to Cow Slough Water Control District's basic financial statements. The District's annual report consists of two parts: management's discussion and analysis (this section) and the basic financial statements, The basic financial statements themselves consist of three components: government-wide financial data, fund financial data and notes to the financial statements. The District is a special-purpose government engaged in a single governmental program. The District is allowed to present their fund financial data and their government-wide financial data combined using a columnar format that reconciles individual line items of fund financial data to government-wide data in a separate column on the face of the financial statements. These statements present different views of the District: · The last column of the statements is the government-wide financial data that provides both long-term and short-term information about the District's overall financial status. · The fund financial data focus on individual parts of the District's government, reporting the District's operations in more detail than the government-wide statements, 3 1612 8 Governmental fund information helps the reader determine whether there are more or fewer financial resources that can be spent in the near future to finance the District's programs, The differences between government-wide activities (reported in the statement of net assets and the statement of activities) and governmental funds are reconciled in a footnote to the financial statements. FINANCIAL ANALYSIS OF THE DISTRICT AS A WHOLE P LEASE NOTE: Since this is the first year that the District has reported its financial activities in the GASB Statement No. 34 format, comparative information from prior years is not available, Assets exceeded liabilities by $107,679 for the fiscal year ended September 30,2004, The largest asset is investments totaling approximately 99% of the District's net assets which are to be used to meet the financial obligations for the District's ongoing operations. The following table highlights the net assets as of September 30, 2004: Investments Receivables Total assets $108,153 326 $108.479 Current liabilities $ 800 Net assets Unrestricted Total net assets $107.679 $107.679 The following table highlights the changes in net assets for the year ended September 30, 2004: Revenues General revenues Special assessments Interest income Other income $ 41,969 1,201 94 Total revenues 43.264 Program expenses Physical environment Total expenses 42.372 42.372 Increase in net assets Net assets, October 1,2003 Net assets, September 30,2004 892 106.787 $107.679 4 1612 8 2 The following graphs represent the sources of revenue and expenses for the fiscal year: Revenue Sources Year Ended September 30, 2004 300'0 . Assessrrents - net of discounts . Interest Incorre . o Mscellaneous Incorre 97% Expenditures Year Ended September 30, 2. Canal Maintenance · Adninistrator 10% 7~ .43% 90/'~ " o Water Quality Analysis o Audit Fee · Insurance 24% · Other Expenses ~ BUDGETARY HIGHLIGHTS The District adopted the fiscal year 2003/2004 budget on May 22, 2003, with the assessment rate of $5 per acre which was a reduction of 23% from fiscal year 200212003, Total expenditures budgeted for the fiscal year ended September 30, 2004 were approximately $66,795, Total assessment revenue budgeted was approximately $43,263, Total actual expenditures were $24,423 below budgeted expenditures, This was mainly due to the following: . The District did not incur the budgeted level of canal maintenance and downstream maintenance as expected for fiscal year. Total actual revenues were $1 under budgeted revenue, 5 1612 8 CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets The District is classified as Phase 3 government in accordance with the definitions of GASB Statement 34 which requires the District to report and depreciate new infrastructure assets effective with the current fiscal year. Infrastructure assets include roads, bridges, canals and other water control structures. The District is not required to report their major general infrastructure assets retroactively, The District elected to report their general infrastructure assets on a prospective basis. The District is considering constructing a canal in order to complete their requirements with their Plan of Reclamation. Debt The following table represents the District's total outstanding debt for the fiscal year ended September 30, 2004: Accounts payable $800 $800 Total outstanding debt, September 30, 2004 CONTACTING THE DISTRICT'S FINANCIAL MANAGEMENT This financial report is designed to provide our readers with a general overview of the District's finances and to demonstrate the District's accountability for the money it receives. If you have questions about this report or need additional financial information, contact the District's Administrator, Dana Clement; 12008 N,E. Highway 70; Arcadia, Florida 34266; 863-494-6118, 6 1612 B COW SLOUGH WATER CONTROL DISTRICT Statement of Net Assets and Governmental Funds Balance Sheet September 30, 2004 General Fund Statement of Net Assets Assets Investments Due from other governments $108,153 326 $108,153 326 Total assets $108,479 $108,479 Liabilities Accounts payable $ $ 800 800 Fund balance/net assets Fund balance Reserved for subsequent year's expenditures Unreserved Undesignated 95,000 12,679 Total fund balance 107,679 Total liabilities and fund balance $108,479 Net assets Unrestricted 107,679 Total net assets $107,679 See accompanying notes. 7 ,,'....,..-,-..,....,.... ," ...,...-..,..-.,"..,.,.......'.......,.........- ~ ~.~--~.........~~- .~ 1';'<N H¡.-t:rH Ilrn¡¡:,t~ '.n:; b 1 '-""'.,.,--"" "'oj i-:"::1Yi(:'fPi "j'; 1" , -""'{J~I-':-]'r COW SLOUGH WATER CONTROL DISTRICT Statement of Activities and Governmental Fund Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2004 1612 E General Fund Statement of Activities Expenditures/expenses Physical environment Canal maintenance Administrator Water quality analysis Audit fees Insurance Down stream maintenance Engineering fees Assessing and collection fees Dues Office Postage Legal fees Legal advertising $ 15,900 $ 15,900 10,000 10,000 3,670 3,670 3,000 3,000 2,795 2,795 2,671 2,671 1,293 1,293 992 992 675 675 435 435 418 418 306 306 217 217 42,372 42,372 41,969 41,969 1,201 1,201 94 94 43,264 43,264 892 892 106,787 106,787 $107,679 $107,679 Total expenditures/expenses General revenues Assessments, net of discounts Interest income Miscellaneous income Total general revenues Excess of revenues over expenditures/expenses Change in net assets Fund balance/net assets Beginning of year End of year See accompanying notes, 8 ': '.,' .,..".".....,.':-,:....',.~..._.,..-.............,..."..."..-..,....-.......-...... .~~-~--~--- ~ ~"---~------~ - COW SLOUGH WATER CONTROL DISTRICT Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund For the Year Ended September 30, 2004 1612 Bé Variance - Original Favorable Budqet Actual (Unfavorable) Revenues Assessments - net of discounts $ 43,263 $ 41,969 $(1,294) Interest income 1,201 1,201 Miscellaneous income 94 94 Total revenues 43,263 43,264 1 Expenditures Current Physical environment Canal maintenance 25,000 15,900 9,100 Administrator 10,000 10,000 Water quality analysis 4,100 3,670 430 Audit fees 3,100 3,000 100 Insurance 3,800 2,795 1,005 Down stream maintenance 6,000 2,671 3,329 Engineering fees 5,000 1,293 3,707 Assessing and collection fees 3,460 992 2,468 Dues 710 675 35 Office 700 435 265 Postage 650 418 232 Legal fees 4,000 306 3,694 Legal advertising 275 217 58 Total expenditures 66,795 42,372 24,423 Excess of revenues over (under) expenditures $(23,532) 892 $24,424 Fund balance, beginning of year 106,787 Fund balance, end of year $107,679 See accompanying notes. 9 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2004 16 f2 ,. 8 ~ The accounting methods and procedures adopted by Cow Slough Water Control District conform to generally accepted accounting principles as applied to governmental entities. The following notes to the financial statements are an integral part of the District's Annual Financial Report. NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Financial Reportinq Entity Cow Slough Water Control District was created by Chapter 89-426, Senate Bill No. 1511, Laws of Florida, Acts of 1989. The operations of the District are fundamentally governed by special acts pertaining to the District, The District is an independent special district created pursuant to the method authorized in Chapter 298 of the Florida Statutes. A three-member Board of Supervisors elected by the landowners of the District governs the District. The Board appoints an Administrator to administer the policies emanating from its statutory powers and authority. The District's financial statements are prepared in accordance with generally accepted accounting principles (GAAP) The Government Accounting Standards Board (GASB) is responsible for establishing GAAP for state and local governments through its pronouncements (Statements and Interpretations). Governments are also required to follow the pronouncements of the Financial Accounting Standards Board (FASB) issued through November 30, 1989 (when applicable) that do not conflict with or contradict GASB pronouncements. The more significant accounting policies established in GAAP and used by the District are discussed below. In June 1999, the Governmental Accounting Standards Board (GASB) unanimously approved Statement No. 34, Basic Financial Statements and Manaqement' s Discussion and Analysis - for State and Local Governments, Certain of the significant changes in the Statement include the following: For the first time the financial statements include: A Management Discussion and Analysis (MD&A) section providing an analysis of the District's overall financial position and results of operations, Financial statements prepared using full accrual accounting of the District's activities, including infrastructure bridges, etc,), for all (roads, A change in the fund financial statements to focus on the major funds. These and other changes are reflected in the accompanying financial statements (including notes to financial statements). The District has elected to implement all of the provisions of the Statement in the current year. 10 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2004 1612 82 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Financial Reportinq Entity (continued) Government Accounting Standards Board (GASB) Statement 14 entitled "The Financial Reporting Entity" establishes criteria for determining which organizations should be included in a governmental financial reporting entity. Based upon application of these criteria, the District has determined that there are no additional governmental departments, agencies, institutions, commissions, public authori ties or other governmental organizations operating within the jurisdiction of the Supervisors that would be considered component units to be included in the financial statements of the District. Basic Financial Statements - Government-wide Statements The District's basic financial statements include both government-wide (reporting the District as a whole) and fund financial statements. Both the government- wide and fund financial statements categorize primary activities as either governmental or business-type. The District's drainage activities and general administrative services are classified as governmental activities, In the government-wide Statement of Net Assets, the governmental activities columns (a) are presented on a consolidated basis by column, (b) and are reported on a full accrual, economic resource basis, which recognizes all long-term assets and receivables as well as long-term debt and obligations. The District's net assets are reported in three parts - invested in capital assets, net of related debt; restricted net assets; and unrestricted net assets. The District first utilizes restricted resources to finance qualifying activities. The government-wide Statement of Activities reports both the gross and net cost of the District's functions and activities. The functions are also supported by general government revenues (special assessments). The Statement of Activities reduces gross expenses (including depreciation) by related program revenues, operating and capital grants. Program revenues must be directly associated with the District's functions and activities. The District is a special-purpose government engaged in a single governmental program. The District is allowed to present their fund financial data and their government-wide financial data combined, using a columnar format that reconciles individual line items of fund financial data to government-wide data in a separate column on the face of the financial statements. This government-wide focus is more on the sustainability of the District as an entity and the change in the District's net assets resulting from the current year's activities. 11 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2004 1612 8 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Basic Financial Statements - Fund Financial Statements The financial transactions of the District are reported in individual funds in the fund financial statements. Each fund is accounted for by providing a separate set of self-balancing accounts that comprises it assets, liabilities, reserves, fund equity, revenues and expenditures/expenses. The various funds are reported by generic classification within the financial statements. The emphasis in fund financial statements is on the major funds in either the governmental or business-type activities categories. Nonmajor funds by category are summarized into a single column. GASB Statement No. 34 sets forth minimum criteria (percentage of the assets, liabilities, revenues or expenditures/expenses of either fund category or the governmental and enterprise combined) for the determination of major funds. The following fund types are used by the District: Governmental Funds The focus of the governmental funds' measurement (in the fund statements) is upon determination of financial position and changes in financial position (sources, uses, and balances of financial resources) rather that upon net income. The following is a description of the governmental fund of the District: General Fund The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Basis of Accountinq Basis of accounting refers to the point at expenditures/expenses are recognized in the accounts financial statements. It relates to the timing of regardless of the measurement focus applied, which revenues or and reported in the the measurements made Accrual The governmental activities in the governmental-wide financial statements are presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when incurred, 12 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2004 1612 ... B , NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Basis of Accountinq (continued) Modified Accrual The governmental funds financial statements are presented on the modified accrual basis of accounting, Under the modified accrual basis of accounting, revenues are recorded when susceptible to accrual; i.e" both measurable and available, "Available" means collectible within the current period or within 60 days after the year end. Expenditures are generally recognized under the modified accrual basis of accounting when the related liability is incurred, The exception to this rule is that principal and interest on general obligation long-term debt, if any, is recognized when due. Investments Investments are stated at cost, which approximates market. Receivables All receivables are reported at their gross value and where appropriate, are reduced by the estimated portion that is expected to be uncollectible, Capital Assets Capital assets purchased or acquired are reported at historical cost or estimated historical cost, Contributed assets are reported at fair market value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized, Other costs incurred for repairs and maintenance are expensed as incurred. Depreciation on all assets is provided on the straight-line basis over the following useful lives: Buildings Machinery and equipment Improvements General infrastructure 15 - 30 years 5 - 10 years 10 - 20 years 10 - 40 years GASB Statement No. 34 requires the District to report and depreciate new infrastructure assets effective with the beginning of the current year, Infrastructure assets include roads, bridges, canals and pumping stations, These infrastructure assets are likely to be the largest asset class of the District. Neither their historical cost nor related depreciation has historically been reported in the financial statements, The District is classified as a Phase 3 Government in accordance with the definitions contained in GASB 34, A Phase 3 government is not required to report their major general infrastructure assets retroactively. The District elected to report their general infrastructure assets on a prospective basis. 13 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2004 1612 8 t1A c: NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Revenues Substantially all governmental fund revenues are accrued. Assessments are billed and collected within the same period in which the taxes are levied. Subsidies and grants which finance either capital or current operations, are reported as nonoperating revenue based on GASB Statement No. 33, In applying GASB Statement No. 33 to grant revenues, the provider recognizes liabilities and expenses and the recipient recognizes receivables and revenue when the applicable eligibility requirements, including time requirements, are met. Resources transmitted before the eligibility requirements are met are reported as advances by the provider and deferred revenue by the recipient. Expenditures Expenditures are recognized when the related fund liability is incurred, Inventory costs are reported for governmental acti vi ties in the period the inventory items are used, rather than in the period purchased. Capitalization Policy The capitalization policy of the District is to capitalize all assets with a cost of $750 or more with an expected life of one year or more. Budqets and Budqetarv Accountinq The District follows these procedures in establishing the budgetary data reflected in the financial statements: 1. During April, the Administrator submits proposed operating budgets for the upcoming fiscal year. The operating budgets include proposed expenditures and the means of financing them. 2, A public hearing is held to obtain taxpayer comments, 3. During May, the budgets are legally enacted through passage of a resolution. 4. All budget changes must be approved by the Board of Supervisors, 5, The budget for the General Fund was adopted on a basis consistent with generally accepted accounting principles, 6. There were no budget amendments made during the fiscal year ended September 30, 2004, Encumbrances Encumbrance accounting, under which purchase orders and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed in the District's accounting system, 14 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2004 1612 82 NOTE 2 - ASSESSMENTS The assessment levy of the District is established by the Board of Supervisors, and becomes an enforceable lien on the property on January 1 of the following year. On May 22, 2003, the District levied an assessment of $5,00 per acre for the fiscal year ended September 30, 2004, All assessments are due and payable on November 1 of each year or as soon thereafter as the tax roll is delivered to the county tax collector. Liens are placed on property as of January 1. All unpaid assessments become delinquent on April 1 following the year in which they are assessed, Discounts are allowed for early payment at the rate of 4% in the month of November, 3% in the month of December, 2% in the month of January and 1% in the month of February. The assessments paid in March are without discount, On or prior to June 1 following the assessment year, certificates are sold for all delinquent taxes on real property. After sale, tax certificates bear interest of 18% per year or at any lower rate bid by the buyer. Application for a tax deed on any unredeemed tax certificates may be made by the certificate holder after a period of two years, Unsold certificates become the property of the District, earning interest at a rate of 18% per year. NOTE 3 - INVESTMENTS During the year, investments consisted of an interest-bearing bank account, These funds were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer by financial institutions which comply with the requirements of Florida Statutes and have been designated as qualified public depositories by the State Treasurer, The District's investments are categorized as either (1) insured or registered for which the securities are held by the District or its agent in the District's name, (2) uninsured and unregistered for which the securities are held by the broker or dealer, or its trust department or agent in the District's name, or (3) uninsured and unregistered for which the securities are held by the broker or dealer, or by its trust department or agent but not in the District's name. 1 Cateqories 2 Carrying Amount Market Value 3 Interest-bearing bank account $108,153 $ $ $108,153 $108,153 15 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2004 1612 82 NOTE 3 - INVESTMENTS (CONTINUED) Florida Statutes, Chapter 218,345, authorizes the District to invest in the Local Government Surplus Funds Trust Fund administered by the State Treasurer; negotiable direct obligations of or obligations unconditionally guaranteed by the U. S, Government; interest-bearing time deposits or savings accounts in financial institutions located in Florida and organized under Federal or Florida laws; obligations of the Federal Farm Credit Banks, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Bank or its district banks, or obligations guaranteed by the Government National Mortgage Association; securities of any open-end or closed-end management type investment company or investment trust registered under the Investment Act of 1940 provided the portfolio is limited to United States Government obligations. NOTE 4 - RISK MANAGEMENT The District is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets and errors and omissions. The District is a member of the insurance program sponsored by the FlorJda League of Cities for general liability and public officials liaþility coverage. The program purchases excess and other specific coverages from third party carriers. Members of the program are billed annually for their portion of the coverage and are not assessable for unanticipated losses incurred by the program. Maximum liability coverage is $2,000,000. NOTE 5 - FUND BALANCE/NET ASSETS Reservations of the fund balances of the District are created to either (1) satisfy legal covenants that require that a portion of the fund balance be segregated, or (2) identify the portion of the fund balance that is not appropriable for future expenditures. A specific reservation of the fund balance is as follows: Reserved for Subsequent Year's Expenditures This reserve was created to represent the portion of the fund balance that is reserved for expenditure within the next fiscal year. 16 BOY. MILLER, KISKER & PERRY, P.A. CERTIFIED PUBLIC ACCOUNT ANTS 1612 B e (f 40] SOUTH W,c. OWEN AVENUE p, O. BOX 488 CLEWISTON, FLORIDA 33440 90 YEOMANS A VENUE P. 0, BOX 490 LABELLE, FLORIDA 33975 (863) 983-5]44 (863) 983-9164 FAX (863) 983-3765 bmkpcpas@aol.com (863) 675-3777 FAX (863) 675-0576 bmkpcpas@aol.com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS JOHN B. BOY, JR., C.P,A, DAVID N, MILLER, C.P,A. WILLIAM C. KISKER, JR., C.P.A. JOHN C. PERRY, C.P,A, REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Cow Slough Water Control District LaBelle, Florida We have audited the financial statements of the governmental activities and the fund information of Cow Slough Water Control District, as of and for the year ended September 30, 2004, which collectively comprise Cow Slough Water Control District's basic financial statements and have issued our report thereon dated August 15, 2005, We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditinq Standards, issued by the Comptroller General of the United States, Internal Control Over Financial Reportinq In planning and performing our audit, we considered Cow Slough Water Control District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. 17 1612 8 Compliance and Other Matters As part of obtaining reasonable assurance about whether Cow Slough Water Control District's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance ~ith which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an obj ecti ve of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditinq Standards. This report is intended for the information of Cow Slough Water Control District and management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. Respectfully submitted, /ð:ðlllt,¡jµ} ~"~' IA August 15, 2005 18 1!_ I' I' 'Iiil ,'j~;i" "I J~" ,,' ~¡, ;; '~ I J - BOY, MILLER, KlSKER & PERRY, p.A.16 12 CERTIFIED PUBLIC ACCOUNTANTS 82 40l SOUTH W.c. OWEN AVENUE p, 0, BOX 488 CLEWISTON, FLORIDA 33440 90 YEOMANS AVENUE p, 0, BOX 490 LABELLE, FLORIDA 33975 (863) 983-5144 (863) 983-9164 FAX (863) 983-3765 bmkpcpas@aol.com (863) 675-3777 FAX (863) 675-0576 bmkpcpas@aol.com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS JOHN B, BOY, JR., C.P,A. DAVID N. MILLER, C.P.A, WILLIAM C. KISKER, JR., C.P,A. JOHN C. PERRY, C.P.A. INDEPENDENT AUDITORS' MANAGEMENT LETTER Board of Supervisors Cow Slough Water Control District LaBelle, Florida We have audited the financial statements of Cow Slough Water Control District, whose headquarters is located in Arcadia, Florida, as of and for the fiscal year ended September 30, 2004, and have issued our report thereon dated August 15, 2005, We conducted our audit in accordance with United States generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditinq Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Compliance and Internal Control Over Financial Reporting dated August 15, 2005. Disclosures in that report, if any, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General. Those rules (Section 10,554(1) (h)l.a.) require that we address in the management letter, if not already addressed in the auditors' report on compliance and internal controls, whether or not inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report have been corrected, There were none of these items disclosed in the preceding annual financial audit report. The Rules of the Auditor General (Section 10,554(1) (h)l.b.) require that we address in the management letter, if not already addressed in the auditors' report on compliance and internal controls, whether or not recommendations made in the preceding annual financial audit report have been followed, There were no recommendations made in the preceding annual financial audit report. As required by the Rule~ of the Auditor General (Section 10.554(1) (h)2.), the scope of our audit included a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that Cow Slough Water Control District complied with Section 218.415, Florida Statutes, 19 1612 B 2 The Rules of the Auditor General (Sections 10.554(1) (h)4.) require disclosure in the management letter, if not already addressed in the auditors' report on compliance and on internal controls: (1) violations of laws, rules, regulations, and contractual provisions that have occurred or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e. g" the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of the auditor. Our audit disclosed no matters requiring disclosure under Rules of the Auditor General (Sections 10.554(1) (h)4,). The Rules of the Auditor General (Section 10.554 (1) (h) 5,) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements, Cow Slough Water Control District was created by Chapter 89-426, Senate Bill No. 1511, Laws of Florida, Acts of 1989. There are no other entities that are considered to be component units requiring disclosure in the general purpose financial statements of Cow Slough Water Control District. As required by the Rules of the Auditor General (Section 10.554(1) (h)6.a,), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies, In connection wi th our audit, we determined that Cow Slough Water Control District is not in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes, As required by the Rules of the Auditor General (Section 10.554(1) (h)6,b.), we determined that the annual financial report for Cow Slough Water Control District for the fiscal year ended September 30, 2004, filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2004, As required by the Rules of the Auditor General (Section 10,554(1) (h)6.c, and 10.556), we applied financial condition assessment procedures, It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same, This management letter is intended solely for the information of Cow Slough Water Control District and management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. ;;;:;;;:;;;;¡;. ( P"'d'1. ¡) , August 15, 2005 20 COW SLOUGH WATER CONTROL DISTRICT P.O. Box 1986 Arcadia, Florida 34265 August 15/ 2005 AUDITEE'S RESPONSE TO AUDITORS' REPORTS AND MANAGEMENT LETTER William O. Monroe/ CPA Auditor General State of Florida Dear Mr. Monroe: 16\2 B2 The Rules of the Auditor General require the audit report to include a written statement of explanation/ including corrective action to be taken, or a rebuttal regarding any deficiencies cited in the auditors' reports and management letter. There were no deficiencies cited in the current year auditors' reports or management letter. Supervisor Control District --------_._~---_._._--_..._--,--~._-------- ~---------- ð~\"aU3 Pé1I{', . ... "- s::.V~\9..... ¡ ~--,;. ~s s)' · D (f) (f) S· 0- 1:7 ':Ç, ~ '£-6> . l),{f v1Jèd aref\\~Ò 3 CERTIFIED/RETURN RECEIPT 7004251000069527 1250 ~~~~) r-) CJ en a ï -< CJ V"I \ ï (/) P1 r""..oo¡ " rYl ::'J;a ''''-' ~.~ -0 (Jl'l :::~ ,.--.'. N ;ªD , -..0 ..,. rrt \ .::--; .." ,..,< " 1 ::¡:: <f'Tl c: ¡ :;-0 N '.:0 c.J -1 C") V} (J\ ., 00 :'::,f\) :-"U1 September 27,2005 Clerk of the Circuit Court Dwight E. Brock Collier County Courthouse 330] E, Tamiami Trail, Building "L", 6lh Floor t';-apk:>, FL 34112 RECEIVED OCT 0 4 2005 Soard of County Commissioners RE: Verona Walk Development District To Whom It May Concern: Pursuant to Florida Law, please accept this letter advising of the 2005/2006 Fiscal Year Regular Meeting Schedule for the above mentioned Development District. The Regular Board Meetings will be held at 10:00 a,m, on the following dates: October 14, 2005 November 11, 2005 December 9, 2005 January 13, 2006 February 10, 2006 March 10, 2006 April 14, 2006 May 12, 2006 June 9, 2006 July 14, 2006 August 11,2006 September 8,2006 ,/ All meetings will be held at the offices of DiV osta Homes, LP, Cambridge Square Office Park, 3459 Pine Ridge Road, Naples, Florida 34] 09, for the purpose of conducting any and all business coming before the Board, in Kosier Executive Assistant Mise, Conés: Date: J I ) / / ðS , , Item #: / b.I ¿;; ß3 Sincerely, SR ~cr J DIS!R~. T SERVICES /4M Copies to: Harbour Point Plaza 11000 Prosperity Farms Road· Suite 104· Palm Beach Gardens, FL 33410 Phone 561,630.4922 · Fax 561,630.4923 · Toll Free 877,737.4922 1612 B 4 MEMORANDUM Mise, Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners D E If'" E.l'1, ¡r: D ,'- ..V,,, \, ¡..,- O "', ~ í "J005 l t, ¡ , \ ,~ FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department 30ar(~ r.:J (:")urrh¡ \:~(~¡'f¡rT1ìss¡oners DATE: RE: October 11 , 2005 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Quarry Community Development District 1, Quarry Community Development District has submitted the following items: a, Minutes of Meeting held July 11, 2005, Thank you :Ispeciallspecial Mise, corréS:. / Date: /l / J. ~5 Item #:1'" 1 ;J l3 If. Copies to: 1612 B 4 Quarry Community Development District 210 N, Univeresity Drive, Suite 800 . Coral Springs, Florida 33071 Telephone: (954) 753-0380 . Fax: (954) 796-0623 Date: September 28, 2005 To: Mike McLeod Centex Homes 5801 Pelican Bay Blvd, Suite 600 Naples, Florida 34108 RE: Minutes of Meeting held July 11, 2005 meeting were approved at the August 8, 2005. From: Carolyn Rodriguez, District Recording Secretary Enclosed please find for your records a copy of the minutes of the above-referenced meeting of the Board of Supervisors of the Quarry Community Development District, which are to be kept on file for public access during normal business hours. Encl. :rbh Cc: For information purposes only: Clerk of the Circuit Court Finance Department c/o James L. Mitchell 2671 Airport Rd, Court Plaza III P,O. Box 413016 Naples, FL 34112-3016 James Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg" 2nd Fl. Naples, FL 34112 16 12 B 4 MINUTES OF MEETING QUARRY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisor of the Quarry community Development District was held Monday, July 11, 2005, at 2:00 p.m. at Centex Homes 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida, Present and constituting a quorum were: Mike McLeod John Landress Doug Cohen Chairman Assistant Secretary Assistant Secretary Also present were: John Daugirda Tom McGowan Bob Fernandez Secretary Engineer( via telephone) Severn Trent Services f:~ECFIVED nrT 1 0 2005 FIRST ORDER OF BUSINESS Roll Call Mr. McLeod called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the June, 13, 2005 Meeting Mr. McLeod stated each Bard member received a copy of the minutes of the June 13, 2005 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Mr, Cohen seconded by Mr, Landress with all in favor the minutes of the June 13,2005 meeting were approved. THIRD ORDER OF BUSINESS Questions and Comments on the Proposed Budget Mr. Daugirda stated the next item is the budget, we previously distributed it and will be looking for its adoption at the next meeting, It is the same as it has been which is primarily a general fund operations and maintenance budget for basically the administrative costs. It is consistent with what we had in 2005, I would just say unless you have any questions, we will just pick it up at the next meeting the formal adoption. Jùly 11, 2005 tgJZ B ¿ Mr, McLeod stated I was contacted by Prager and Sealy, Ms. Holton was talking about the bonds going to permanent bonds. In November our short term BANS expire so we are going to need to get some A's or B's or a combination of both prior to that. Mr, Daugirda stated without knowing the numbers we can always amend the budget. Mr, McLeod stated at this time only plan on going with the $60 something million we already have in BANS and not anticipate anymore at this time, and go on to A Series Bonds, This is only preliminary at this time and subject to changes. Mr, Daugirda stated I have been talking to Ms, Holton and sending her e-mails also and staying in that loop, making sure it does not slip through the cracks because it is very important. ¡:1ECE-:¡Vf:O FOURTH ORDER OF BUSINESS A. Attorney There being no report, the next item followed, B. Engineer Mr. McGowan stated only we are processing Requisition 7 and sending it on today. C. Manager Mr. Daugirda stated we have sent some orientation materials to Ms. Azami and there is no other formal report. Staff Reports OCT 1 0 2005 : "J p"rJ (; f~ !) E: PI FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed, SIXTH ORDER OF BUSINESS Approval of Financials and Funding Request #10 There being no questions or comments, On MOTION by Mr, Cohen seconded by Mr. Landress with all in favor Financial and Funding Request # lOin the amount of $4,596.47 was approved. SEVENTH ORDER OF BUSINESS Adjournment There being no further business, the next item followed. On MOTION by Mr. Cohen seconded Mr. Landress with all in favor the meeting was adjourned, ~D$- Secretary ~.~~ Mike McLeod Chairman 2 1612 8 4 AGENDA Quarry Community Development District Monday July 11, 2005 2 :00 p.m. Centex Homes 5801 Pelican Bay Boulevard, Suite 600 Naples, Florida 1. Roll Call 2. Approval of the Minutes of the June 13,2005 Meeting 3. Questions and Comments on the Proposed Budget RECEIVED 4. Staff Reports OCT 1 0 2005 A. Attorney ¡Ni\I\!Ç;F. :,)f:,'¡,' . B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Financials and Funding Request # 1 0 7. Adjournment Naples Daily News Naples, FL 34102 16 J,2:Eiv"B 4 Affidavit of Publication ' Naples Daily News . . --------------------------------------------------+-----------------------~~ANCf Of OCT 1 0 2005 REFERENCE: 062367 59059835 Notice Of MeetingThe 1'1 ",meiitln' to Tþ- bile: be t~1. ,....eu~A'''.. ."3' cøl'ldu '>' I - an' è, '.' . t e, pr,ø - I. i.~. ,~~,.. Orl. ~....a... 1.1.' ...w.lo.. r c i}WJ¿1I ty bey.lOP- iJ)t Ølltrlcfti:' Tft..e tïtlnUt'/'lli):Pf1Contlld -=N~ the recard at themClet: Ing. , T~Ü!re,màY ,¡e qcça- . jlÍïllS wtìín 'o(îti,ôrfflore 5u ,I \, , t QUARRY COMMUNITY DEV. DISTRICT DONNA HOLIDAY 210 N UNIVERSITY DR #800 CORAL SPRINGS FL 33071 Sworn to and Subscribed State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Cor~orate Secretary of the Naples Daily News, a da1ly newspaper published at Naples, in Collier Count¥, Florida: that the attached copy of advertis1ng was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper ~ublished at Naples, in said Collier County, Flor1da, and that the said news~aper has heretofore been continuously publ1shed in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement¡ and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper, PUBLISHED ON: 07/04 20~ Personally known by me "","" Harriett Bushong XPIREc f::I~~ fP,t-... Y COMMISSION # OD234689 E " .¡ . ¡~~ M July 24, 2007 E. \Nt '\\ ifg,l BONDED THRU TROY fAIN INSURÞ-NC ~Rf.~~'" 1612 8 ~ Table of Contents ~iECE¡ OCT 1 0 2005 \ , I. Financial Statements - May 31, 2005 II. Funding Request #10 - July 11, 2005 III. Treasury Report - May 31,2005 The Quarry Community Development District Financial Reporting July 11, 2005 1612 B 4 i-1ECEi\iEr) OCT 1 0 2005 ". ~ ~ rd = 01 Q) ,..= ~ ..... -' . - s:: o ..!!3§LO !U "'Q 0 õ ; ~ ~ ~ o S QJ ::E - _ fJ'J !U ..... ..... v ..... <U ~. !U 0 u&:: <U ..... v ~ 'E o <u 00 - !U ~ <u s:: <u o ~ .-i Lt") i OO~ 00Lt")~ Lt") C"I Cf') 00 C"I' Lt")'" Lt")O\o Cf')rl~ òfAò .-i rl fA fA 000 00 Lt") Cf') Lt")C"I00 00 C"I' Ò Lt") 0 \0 Cf').-i~ òfAò rl rl fA ff:t ~ .-i Lt") i <lJ U § § fJ'J ".¡:j fJ'J 23 'j::: U fJ'J QJ 1-1 ::s ~ fJ'J j .§tlò< ...c::fJ'Jgt}- fJ'J<lJoo.:g U~uU~ o ff:t ~ rl Lt") ~' ff:t (J :g :>-. t~ : § . 0 U . U < o fA o fA OO~ ff:t Cf') rl 00 Lt") ~i ~ ò rl fA o Cf') 00 Ò \0 ~ Ò rl ff:t (J þ ~ 'S < 0" '1j fJ'J ¡.¡.] Cl)ti "'Q æ"~ § .......p.. ~ Cá "'Q ~3 s:: ¡:: '.... ft CI) 0... fJ'J 23 . 0 U QJ ..... S ~"'Q '.....~'1j=~ ¡::~~~u .§(J (J ~ ..... ~ :> CI) ÞOOJ m a.. ~ rl Lt") ~' ff:t ~ rl Lt") ~' fA The Quarry 16 12 B 4 Community Development District R E:(: F: t\/F" General Fund OCT 1 0 2005 Statement of Revenues & Expenditures For The Period Ending May 31, 2005 Adopted Prorated Budget Actual Budget Thru 05/31/05 Thru 05/31/05 Variance Revenues: Developer Contributions $85,250 $56,833 $32,033 ($24,801) Total Revenues t $85,250 $56,833 $32,033 ($24,801)1 Expenditures: ADMTNTSTRATTW: Engineering Fees $10,000 $6,667 $1,806 $4,860 Attorney Fees $12,000 $8,000 $250 $7,750 Annual Audit $4,000 $2,667 $0 $2,667 Management Fees $45,000 $30,000 $22,500 $7,500 Computer Time $500 $333 $250 $83 Telephone $300 $200 $55 $145 Postage $1,000 $667 $606 $61 Printing & Binding $1,000 $667 $942 ($276) Rentals & Leases $2,400 $1,600 $1,200 $400 Insurance $5,000 $5,000 $5,000 $0 Le~al Advertising $2,000 $1,333 $2,159 ($826) Ot er Current Charges $1,000 $667 $50 $617 Office Supplies $625 $417 $25 $392 Due, License, Subscriptions $175 $175 $175 $0 Capital Outlay $250 $167 $0 $167 Total Expenditures I $85,250 $58,558 $35,018 $23,540 , Excess Revenues (Expenditures) I $0 ($2,986) I Fund Balance - Beginning $7,500 Fund Balance - Ending $4,514 Page 2 -.-.".-.~--~'--'"'---"..-"~.~ The Quarry Community Development District Capital Projects Fund Statement of Revenues & Expenditures For The Period Ending May 31, 2005 1612 FiJi 4 OCT 1 0 2005 :::¡NA~,,:CE '-JE:'::" Adopted Prorated Budget Budget Thru 05/31/05 Actual Thru 05/31/05 Variance Revenues: Interest Income $0 $0 $127,798 $127,798 Total Revenues J $0 $0 $127,798 $127,798 I Expenditures: Capital Outlay Cost of Issuance Total Expenditures $0 $0 $0 $0 $0 $0 $51,601,645 $735,323 $52,336,968 ($51,601,645) ($735,323) ($52,336,968) ~ , Other Sources and Uses: Bond Proceeds - Series 2004 BAN Total Other Sources and Uses $0 $0 $62,670,000 $62,670,000 I $0 $0 $62,670,000 $62,670,000 I I $0 $10,460,830 $0 $10,460,830 Excess Revenues (Expenditures) Fund Balance - Beginning Fund Balance - Ending Page 3 1612 B ~ The Quarry ;~ íVrp July 11,2005 OCT 'I 0 2005 Mr. Jeff Riopelle Centex Homes 5801 Pelican Bay Blvd, Suite 600 Naples, Florida 34108 Dear Mr, Riopelle: The current funding requirements for The Quarry Community Development is necessary to pay the following: PAY REQUEST # 10 Genral Fund Federal F.xpress Inv# 3-878-10197 Services thru 6/14/05 Inv# 3-890-49603 Services thru 6/21/05 $67,04 $10.48 LBFH Inc. Inv# 87619 Services thru 6/10/05 $233.45 Naples Daily News Inv# 59046711 Notice of Meeting 6/6/05 $175.38 Sevem Trent Services Management Fees Computer Services Rentals and Leases Postage Copies Agenda $3,750,00 $41.67 $200,00 $6.00 $48,90 $63.55 (June 2005) Total Amount Requested: $4,596,47 The Quarry Community Development District 210 North University Drive, Suite 702 Coral Springs, FI 33071 Accordingly, it would be appropriate to fund these items at your earliest convenience, Thank you for your attention to this matter and if you have any questions, please contact Maggie Phillips at 954-753-5841. Yours sincerely, "- ;;;U';t'õi! ;:opmen, m,m" Maggi/~' District Accountant Fed~";;~'\;;;Ç( I!,~. ',''" "I,'<i. ",' .'~ " ". ,¡.,., 1612 84 "II" Number. 3-878-10197 Inv. ~ate: Jun 14.2005 Account Number: 2987 -7788-6 Page: 1 of 5 FedEx Tax 10: 71-0427007 SERVERN TRENT SRVlOUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071-7320 Billing Account Shipping Address: SERVERN TRENT SRV/OUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071-7320 US Invoice Ouestions? Contact Fed Ex Revenue Services Phone: (800) 622-1147 M-F 7-6 (CST) Fax: (800) 548-3020 Internet: www.fedex.com Invoice Summary Jun 14, 2005 FedEx Express Services Transportation Charges Special Handling Charges 59,00 8,04 Total Charges .............,...................,......,......................,.......,USD $ 67.04 ;.::,: E C: E~_ \/ F r) TOTAL THIS INVOICE .............................................. USD $ 67.04 OCT 1. 0 2005 ;:¡J. ,:'\ !\: r:.. .'j StCtc.¡ I" cot '52;9, FJ~ The FedEx Ground accounts referenced in this invoice have been transferred and assigned to. are owned by. and are pava~tofedEx Express. To SnstlfB pmNIfCfBdit,pl8s$8 rsturn this portion with your HI ymsnt to FedEx. PI8I1$8 do not stllpl8 or fold. P/8S$8 milks your cht1ck P8 phis to FedEx, o For change of eddress, check here and comple18 form on reyerse side, Remittance Advice Your payment is due by Jun 29. 2005 Invoice Account Amount Number Number Due 3-878-10197 2987-7788-6 USD $ 67.04 298777883878101975bOOOOOb70410 AT 01 019317 953038 97 A**3DGT SERVERN TRENT SRV/OUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS Fl33071-7320 1..11...11.'1...1...'...11111.'..11...1.111...11'111'....1..11 '.11..'1...'11'11111'11111.1"'1111'11111.1.1'1'1".1.'."1111 FedEx P,O, Box 94515 PALATINE IL 60094-4515 Fed'.·.'.'....'· .' .¡........, 1612 B4 Invoice Number: Invoice Date: Account Number: Page: FedEx Tax 10: 71,0427007 3-890-49603 Jun 21. 2005 2987 -7788-6 1 of 3 SERVERN TRENT SRV/OUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS Fl33071-7320 Billing Account Shipping Address: SERVERN TRENT SRV/OUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071-7320 US Invoice Questions? Contact FedEx Revenue Services Phone: (800) 622-1147 M-F 7-6 (CST) Fax: (800) 548-3020 Internet: www.fedex.com Invoice Summary Jun 21. 2005 FedEx Express Services Transportation Charges Special Handling Charges 9,40 1.08 Total Charges ............,...,.......................,...............,......,...,.... USD $ 10,48 ,iECEI\iF:r) TOTAL THIS INVOICE .............................................. USD $ 10.48 OC1 1 0 2005 , ",;: <\. _,..::,:\ \ \ \i::¡ \ \ \ i \':¡~i " '1\ I ¡ï ,\UN 2 7 200~~\\\..::U\ -~~ ""~._-- '¡~-,--_._-_. The FedEx Ground accounts referenced in this invoice have been transferred and assigned to. are owned by, and are payable to FedEx Express, To Bosum pfOpsrcmdit, p/øIlSB mturn this portion with your PI ymBnt to FødEx. P/øIlSB do not stllp/ø or fold. P/ø,lSB milk, your chsck PI ysb/ø to FBdEx. o For change of address. check here and complete form on reverse side, Remittance Advice Your payment is due by Jul 06, 2005 57Qi/I,Oo/· 53q· Od- Invoice Account Amount Number Number Due 3-890-49603 2987 -7788-6 USD $ 10,48 298777883890496031600000104880 AT 01 088150 097338428 A**3DGT SERVERN TRENT SRVlOUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071-7320 11111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111 Fed Ex P,O, Box 94515 PALATINE IL 60094-4515 Ibfhc. The Quarry COD C/O Ms Patti Powers Severn Trent Services 210 N, University Drive Suite 802 Coral Springs, FL 33071 Project 04-0229,0000000 The Quarry CCO Participate in Board Meeting, Drive-thru Inspection of Project Professional Services throuah June 10. 2005 16 12 B 4 June 16, 2005 Project No: 04-0229,0000000 Invoice No: 87619 . }:~ E: (~E~! \/F~ f) OCT 1 0 2005 Board Meetings Preparation and Attendance at Board Meeting Client Service Manager Hours 2,00 2,00 Total Fee Charges 1.5% of labor T & E Mark Up Total Expense Factor Statement of Account Number 86986 87266 Total Date 04/25/05 05/18/05 Balance 583.63 374,28 957.91 Rate 115,00 Amount 230,00 230,00 230.00 3.45 $233.45 _8~5~;~1j $1,191.36 ,j U N 2 0 2UO:¡ 3.45 3.45 Total this Phase Total this Invoice Total Now Due Remit: 3550 SW Corporate Parkway, Palm City, Florida, 34990 Phone 772,286,3883 iiii N ¡¡pits i a îly N eIDS i Hlllril¿'¡ 'òf,m~ - 06 '1¡;~- Qü~~E!î¡;~~~m~:- DisTRiCT "~cg5B~~ñi~~:venue ~Ä~~~~21gJ~:%6~161 ~" Il)I;\U\rvíl)IJr~ Ul.¿E--t'}~~~i~J IF:DÞM.Ö"~s1-!f182~:- ÑetI1l~~$r?I;~l'ME~T:~- ___ _, Naples, Florida 34101 FED ID# 59-0578327 '[.t< E~'CRIPFSN,WSP"pm ~NT .ÇU~I~,"Dl"L~ _~:Ö8YL]~~!b-œ~Bn= ßlfUÑçfQÆtt~_. . _-ªílCélIÊÌ..Q.çOUNT=ÜUMïlèTf'-ÃÞYffiTIßERfCUENJ'NU- ER . BILLED ACCOUNT NAME AND ADDRESS D;,);'" . ··,0,,:Þií~I~~fII_:tj0gf$i~j'¡},i·dìf:~~ QUARRY COMMUNITY DEV, DISTRICT DONNA HOLIDAY 210 N UNIVERSITY DR #800 CORAL SPRINGS FL 33071 NAPLES DAILY NEWS PO BOX 740379 FIECEI'.' rì CINCINNATI OH 45274 OCT 1 0 2005 000254448200000175383 !~ ¡~' PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE 5lC¡y8 . CO ¡. w t ' oêJ- STATEMENT OF ACCOUNT AGING OF PAST DUE AMOUNTS ontact the Accou ting Department t (239)435-345' ,II 175.38 ~ 1075 Central Avenue PHONE 239-262-3161 E, w. SCRIPPS NEWSPAPER ilìi1\rttt11DI% f'ttt·lu 1\rDUtI% P,O, Box 7009 FAX 239-263-4864 ~"r ~ ~ :!tI" ::J ~ ~ ~ Naples, Florida 34101 FED ID# 59-0578327 ·UNAPPLlED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News .::'1::: C [I \: /: 'ì --------------------------------------------------+--------------------------- . 1612 B 4 QUARRY COMMUNITY DONNA HOLIDAY 210 N UNIVERSITY CORAL SPRINGS FL DEV, DISTRICT DR #800 33071 OCT 1 0 2DD5 J\j .~ r\i C" F: REFERENCE: 062367 59046711 Notice Of MeetingThe Th Notice Of Meeting e Quarry Community Development District A meeting of the Board of Supervisors of the Quarry communltr De- Vbelopment Dlstrlc . will e held on. Monday June 13, 2005 at.2:0Ó g,m, at thl! offIces of entex HQmès. 5801 PellcanBI1Y BòuhlVard ~~te T~Oá:;ßI~/1I Fb~~: sider certalndoèùments related tQ theissllance of speclll' assesSment bonds aner con~ùct oth- ~~m~"\~:t.~\=~Y·1 Tile meeting Is open to I the PUb."c and W...II'.. .be¡ conducted InaccQrd- ance with the Provl-, slons ofFIQrlera; Law for, CommunlttDevelop_: ment [)lstrictS.Ttie; meeting. may be.. contln-; ued to a date,tlliie; arid place to be specIfied on f~ record at tHe mllet- There maYbe oCca. s/ons .When onl! ormQl'e SupervIsors. w II..·· partlc/< Ph\tea Ii C)nl!. At will b~ !~"$tl1l!~ er teepontlla~e:; Interested.!!!! . cari attener Hiem gat &~èf3If~~~fJq;~~g dlscliSslOI'l$ .111<1;' placl! ··l!lther·.1íI'~l!ršdn'hr ~ltl~~{i!pI1Q~e C0l]imllfll.: ~hX!:r~f,s~êdJI!9JI~~~~ · t~IÌ~~ttl1'~.~~fl~i¡ : State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 06/06 AD SPACE: 81.000 INCH FILED ON: 06/06/05 --------------------------------------------------+----------------------- Signature of Affiant /. --t Sworn to and Subscribed before me this 4,....;:J;: day fJ_~' ^""" Personall y known by me .2-6:,')v. -"~ f? -'--<A---¿;;z:- 20 -ð.5 .,".¡'pU'" Harriett dlJshor.,) .,..", p..~':&>!\"'~<ii;~ \/V COMMISSION # DD2346b~ !.!\I'\~t: , , ~=Ë 1.1, .. July 24, 2007 'Q':- ~. WCI''1,\\i( ¡. >¡'!: '~"'.' .(~$~" í~()N)FllnmV '1'"[0('1" rot I , " -"... SEVERN Severn Trent Environmental Services, Inc. 16337 Park Row Houston, Texas 77084 Telephone 281 5784200 Fax 2813983715 TRENT SERVICES ST - Moyer SOLD· TO 1-01527 QUARRY cPO 210 NORTH UNIVERSITY DRIVE SUITE 802 CORAL SPRINGS FL 33071 USA REF Cust PO S041734 1612 SRO INVOICE: STES 2018627 Page: 1 Invoice Date: 06/10/05 Salesperson: 8 ~ ¡::¡ECEIVED Ship via Terms J.t:em: Description U/M Un1.t Price JUNE 2005 MANAGEMENT FEES MANAGEMENT FEE- ADMIN COMPUTER SERVICES RENTALS & LEASES POSTAGE COPIES OFFICE SUPPLIES PHONE FAXES ~IUN . OCT .1 0 Z005'~ QUARRY CDD ... .. I 210 NORTH UNIVERSITY riÌuv~ SUITE 802 CORAL SPRINGS FL 33071 USA Quantity 1. 00 EA 1. 00 EA 1.00 EA 1.00 EA 1.00 EA 1. 00 EA .00 EA .00 EA DETACH AND RETURN WITH REMITTANCE Invoice: 2018627 Customer: 1-01527 QUARRY CDD REMIT TO: Severn Trent Environmental Services, Inc, P.O. Box 7777-W6860 Phih.,I.,lnhh. PA 1 Q17!'i-ßRßn 3,750.00 41. 67 200.00 6.00 48.90 63.55 0.00 0,00 NET 30 DAYS ---- Extension 3,750.00 41. 67 200.00 6.00 48,90 63.55 0,00 0.00 4,110.12 0:00 O~OO 0.00 4,110.12 4,110.12 Remittance Amou 16 J2 B 4 The Quarry Community Development District Series 2004 Special Assessment Bond Anticipation Notes 1. Recap of Capital Project Fund Activity Through May 31: 2005 Opening Balance in Construction Account Source of Funds: Interest Earned Use of Funds: DisbursementDistrict Roadways Water Management W etland/Preservation/ Open Space Utilities Landscape and Other Professional Services and Permitting Contingency Cost of Issuance Adjusted Balance in Construction Account at May 31, 2005 2. Funds Avai1able For Construction at May 31: 2005 Book Balance of Construction Fund at May 31, 2005 Construction Funds available at May 31, 2005 3. Investments - Wachovia Bank May 31,2005 Construction Fund: Yield 2.4% Due. Iwe Overnight $10,460,830.13 $10,460,830.13 Maturity $10,460,830.13 AD]: Outstanding Requisitions Balance at 05/31/05 ~:;E(: F j \,' t:"' ::1 OCT 1 0 ZDUj >'NAr, , $62,670,000,00 $127,798.02 $0,00 ($2,919,324.13) ($48,485,994.10) ($126,724.50) $0.00 ($69,601.89) $0,00 ($735,323,27) $10,460,830.13 Principal $10,460,830.13 $0.00 $10,460,830.13 1612 C 1 , RECEIVED SEP 3 0 2005 Board of County Commissioners R\t I J/ Fiala --w- Halas /' . ~~~~n9 V y~ Coletta :j;~ I 2885 Horseshoe Drive Naples, FL 34104 SUMMARY OF MINUTES & MOTIONS (Special Meeting - 8-30-05) (Regular Meeting - 9-13-05) SPECIAL MEETING VIII. Old Business A. Approval of funding for Sunshine Blvd. Cheryle Newman moved to approve $198,540.13 with the addition of a 10% contingency for the funding of the Sunshine Project Second by Barbara Segura. Carried unanimously 4-0. IX. Old Business A. Recommend Applicants for Board Vacancies Barbara Segura moved to have Patricia Spencer serve another 4 year term as a Board member for the Golden Gate MSTU Advisory Committee. Second by Rick Sims. Carried unanimously 4-0. Barbara Segura moved to have Cheryle NewltUln serve another 4 year term as a Board member for the Golden Gate MSTU Advisory Committee. Second by Rich Sims. Carried unanimously 4-0. REGULAR MEETING m. & IV. Agenda and MilUltes of August 9, 2005 were approved and carried unanimously. vm. Old Business F. Approval of Estimate by Advanced Lawn Ms. Spencer moved to approve the estimate from Advance Lawn as presented for $14,091.301. Second by Ms. Segura. Carried unanimous~të~orrés: Date: I J I ) ¡ 115 f r Item #: J /g I ;;, C J Copies to: _.....".._..,-_.,,-~._---,~_."~._-, ""-"'-." s (¿("lIlt, VJ-1 ~ ~ 7/.10(, 1612 C 1 - ;i ,. 2885 Horseshoe Drive Naples, FL 34104 August 30, 2005 Minutes I. The meeting was called to order by Rich Sims at 4:02 PM. D. Attendance: Members: Cheryle Newma~ Rick Sims, Patricia Spencer, and Barbara Segura County: Darryl Richard-Project Manager Others: Mike McGee-McGee & Assoc" Michelle Guerrero-Manpower Ill. Approval of Agenda Chairman Rick Sims approved the agenda with no changes, vm. Old Business A. Approval of funding for Sunshine Project Mike McGee reviewed the project and cost evaluation with Bonness being the lowest most comprehensive bidder. He addressed questions and gave clarification where needed, It is standard for a contractor to lay some sort of protection over the site area for erosion and liability reasons. Darryl Richard noted that because the project is over $200,000 it must go before the Board of County Commissioners, The dollar amounts were reviewed as to what different entities will be paying, Cheryle Newman moved to approve 5198,540.13 with the addition of a 10% contingency for the funding of the Sunshine Project. Second by Barbara Segura. Carried uBanimously 4-0. IX. New Business A. Recommend Applicants for Board Vacancies 1 ~---_.. '--"-~"-'",,,--,,.,"",-"-,.., -",._~..~~~-~-~- Barbara Segura moved to have Patricia Spencer serve another four year term as a board member for the Golden Gate M.S.T.U AdViSOry! 6 '2 C 1 Committee. Second by Rick Sims. Carried unanimously 4-0. Barbara Segura moved to have Cheryle Newman serve another four year term as a board member for the Golden Gate M.S. T. U Advisory Committee. Second by Rick Sims. Carried unanimously 4-0. X. Committee Member Reports Rick Sims addressed Barbara Segura's questions, Discussion occurred on the need for the September 13th meeting; with the conclusion of a need existing, Barbara Segura noted that due to extenuating circumstances there is a possibility she may not be able to attend the meeting, XL Public Comments - None Being no further business to come before the Committee, the meeting was adjourned by the Chairman at 4:52 PM. DIe next meetlna! Is 8dleduled for September 13, 4:00 PM At Golden Gate CoRlmunlty Center NapIes,FL 2 1612 C1 III 2885 Horseshoe Drive Naples, FL 34104 September 13, 2005 Minutes L The meeting was called to order by Chairman Richard Sims at 4:00 PM. n. Attendance: Members: Cheryle Newman, Rick Sims, Patricia Spencer, Ginger Martin and Barbara Segura County: Darryl Richard-Project Manager, Tessie Sillery-MSTU Coordinator Others: Mike McGee-McGee & Assoc" Steve Fabiano-Adv, Lawn & Landscape, Michelle Guerrero-Manpower m. Approval of Agenda: Mr. Sims added item "F, Approval of Estimate by Advanced Lawn" under "VIII. Old Business. (Barbara Segura arrived at 4:02 PM.) Cheryle Newman moved to approve the Agenda as amended. Second by Pat Spencer. Carried unanimously 5-0. IV. Approval of Minutes: August 9,2005 Ginger Martin moved to approve the minutes of August 9, 2005. Second by Patricia Spencer. Carried unanimously 5-0. v. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano A. Landscape Report . Trees replaced · Tropicana plants are not properly irrigated~ Advanced Lawn is responsible if the plants die, · Pump relays should be installed to regulate pressure, . There will be follow up on the situation, · The ridding mower deck height is to be adjusted, · Update given on accident corrections on medians, Mr. Richard would like to have plant trimming maintenance checked, 1 --"--~"--"' .'"'--~~. ~~--"'~'~ -~,.,._-~"._.,-<._,.,.,.,~~--------~.- 1612 Cl Ms. Sillery distributed "T,E,C,M. Project Manager Assignments", A review of applicable projects #62081, #68056, and #68055 will be given next meeting, .. Mr. Fabiano continued with update- . Fertilizer deliveries will be expedited, . Mulch dispersion is performed in May and November. Mr. McGee would like to switch ftom Pine Straw to Shredded Eucalyptus Blend on Tropicana, Mr. Sims will investigate the opportunity for mulch dispersion on Tropicana ahead of the November application, All existing accidents need to be addressed by Advanced Lawn. B. Total Cost of landscape Contract for MSTU & Mowing of Sunshine Mowing for Sunshine is being billed internally and will be addressed the next fiscal year, C. Plant material for G.G. Parkway at Coronado Blvd. To be addressed under "VITI. Old Business F, Approval of Estimate by Advanced Lawn" VI. Landscape Architects Report - Mike McGee A. Update on Benches Mr. McGee commented that the benches can be replaced for $800,00, (Demonstration of bolts) Mr. Simms will investigate the benches having been painted brown. Ms. Newman suggested in payment for having the benches painted, bestow the old wooden benches, B. Report on Santa Barbara Widening Paver colors were addressed. Mr. Richard will confer with Pam and give a report, Vll. Transportation Operations Report: Tessie Sillery A. Current Budget 1. Clarification of Billing for Green Blvd. Ms. Sillery reviewed the budget and addressed questions, VITI. Old Business A. Status of Golden Gate Parkway Bridge - Pat No report, B. Update on Golden Gate Sign Removal & copy of Letter from Sign Craft- Darryl The sign has been removed; new sign quotes have been requested, 2 1612 Cl C. Update on Hunter & Coronado Curbing Letter - Pat A letter was sent to Lt. Hampton, D. Phoenix Paven - Darryl Issue previously addressed, E. Update on Sunshine Project - Darryl Mr. Simms will be going before the Board of County Commissioners on September 27th, F. Approval of Estimate by Advanced Lawn (Ms. Newman left at 5:20 PM.) Mr. Fabiano gave a review of the estimate, Ms. Spencer moved to approve the estimate from Advanced Lawn as presented for 514,091.30. Second by Ms. Segura. Carried unanimously 4-0. IX. New Business A. New Priorities for Roadways - Chery Ie Continued, x. Committee Member Reports - None XL Public Comments - None Being no further business to come before the Committee, the meeting was adjourned by the Chairman at 5:25 PM. TIle next nteetlnllls scheduled for October 11, 4:00 PM At Golden Gate Colnlnunlty Center Naples, FL 3 16 12 C 1 I '0" E''''L~ I,. ,. J'~ October 11, 2005 2885 Horseshoe Drive Naples, FL 34104 AGENDA I. Call Meeting to Order n. Attendance: m. Approval of Agenda: IV. Approval of Minutes: Special Meeting August 30. 2005 & Regular Meeting September 13. 2005. V. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano A. Landscape Report B. Plant material for G.G, Parkway at Coronado Blvd, Update VL Landscape Architects Report - Mike McGee A. Update on Benches B. Report on Santa Barbara Widening - Darryl Richard vn. Transportation Operations Report: Tessie Sillery A. Current Budget vm. Old Business A. Status of Golden Gate Parkway Bridge - Pat B. 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Naples. F134104' AUn: Darryl Richard We.are ~lease~tØ,slJbn1it:~r;~YQur cort~~~tiorlo4f::,~9~~t()R~Y.id~4he;fQ~ng:'!langscap,~, ',' Renovationwork'~atGotdenGate PkWY:,;MSTtJMedians'Napl~{~1., '. c-lr' . . .. ,.. ..,.' I'· (Aspercontract#05-3686,P$rtl) ..., Fuh~# .. ......' .' Ii .. '. SGOÞE ~~WORK ..' Ii Ii: p Ii' 1'1 I ~. !i I'i:;: $.240;00; t¡=- $525100, Ii. = $ 765~oO I ~ ' !,' j! I ~ I' =$ 40,00 V ~: G .,. .' . I: =$375;00:. ! ir,1 =$... 375,00 tl. ''''',' . ~:, =$300¡QO' '. ì =$ 700" ·':·00'" '. ~'. . .. . September 12, 2005 # --,.._........_.~...,.. Estimate#05"0~6 PO~f Golden Gª!~LMeJ:tL~n,1t1~; West End., Bed #1 . RêmoVè,thEt::fo.~wing:.. . 3 Cabbag$Pa1ni1 Stumps LaQorCost " 2 Laborers . 1 BobcatwlOperatQr, . ·@:$c.40tper hr x'3:hrs,.. .' ··@:.j~~JPèthr x.,~,~[.: .Remove-,the,h)IIQwioJ9,: 9 '. FOuntaíï';:Gra$s;W~t:9fpump Labor Cost . 2 Laborers. ,lnstallthefQllowing: . 1 Cabbagèp-ältn H5~::.ht)~,8ft;East.of:pumpS~~oM> . . 4ftoff::b¡¡fekofçtJrb~~" .', ,.' , ;.' .... . ." ." , Cabbage PalA"J(10it)t)¡:'J:8ft,fr;om.PUrrtPiS)ta:tiØn, 4ft offbå~fr~Jrn:cuøf.r:tg: . '.. ....., . Thryallis:(3gat}{w.e.~~ø~Þurnp· StaQon', JllnipêrParsonil.{~fkweSt'Oftt#ållis: '.,; . ~::'t:~J=re't=';_~~".,. . .... . ,.." .. ....... @'~:40/per hr x 0.-5 :hfS 1 15 35 45 . @:,$~~e,ach ··@:~~Ch. : Invoice 11 j F " I: .. . ~. @.ieaoo ....... ¡9$':;9Q()~oo.> . ..',~::: : Total ';::;;$4.:,226~OO' "','" . , ;":! . .... "\ , Page 1 (Golden G~ me~!~o1)aJiQrl pr~r4) Cust01t1.eJ;çp-py! .___,w.__~_~~_~~" ..,....._,'~.." '-"-"'''''-''~-''- , Ii I.¡ ~ .j 'I I,i ¡ I; FROM : Aduanced Lawn and Landscaping FAX NO. 2397320077 1612 C l Sep. 12 2005 11:42AM P3 _ i. ~ríga~ion,:, Check existing Irrigation, adjust to proper coverage. Labor Cost 1 Irrigation Tech @ $48/hr x 2hrs Install the following: 3 Rotor Heads, Cine on each side and 1 on West end @ $15/eachx40% = $21/each x 3 *Note: Should we use Rainbird RSOC Rotor1 Bed #2 Install the foJlowing: 12 Yellow African Iris (3gal) at North side, East end of bed 5 Thryallis (3gal), at North side, East end of bed 10 Juniper Parsonii (3gal), West end of bed ,Golden Gate Medial'!:.HJ..3: , East end: 1rfl1lª~.ºJ.1=. Check existing Irrigation, adjust to proper coverage. Labor Cost 1 Irrigation Tech @ $48/hr x 1 hrs Remove the following: All Liriope !&lbor Cost 2 Laborers @ $40/hr x O.5hrs Install the "approximate- following: 400 Sq. Ft. of Floratam Sod Golden Git,te MediªnI #~Q.;.. E~$.lJ,:.Dd, Bed #1 RemoV'e the foUowing: Saw Palmetto cluster Labor Cost 2 Laborers @ $401hr x 1.5hrs Install the following: 4 Indian Hawthom (3ga/) 20 Boston Fern (1 gal) 210 Sq Ft of Florat3m Sod (apprOximately) Page 2 (Golden Gate 7m~dians renovation proposal) @ $201each = $ 96.00 ;; $_63.00 Total .~ = $ 159.00 = $ 240.00 = $ 100.00 ::: $ 200.00 Total! = $ 540.00 Total Median #12. ;;;; $4.903.00 @ $201each @ 20/each ::: $ 48.00 I I ::: $ 40.00 @ $1.25/per sq. ft ::: $ 500.00 Total Median #13 . ::: $ 588.00 @ $20/each ' = $ @ $121each i, = $ @ $1.25/per sq. ft i· ; $ ellS tamer Capy! = $ 120.00 80.00 240.00 262.50 FROM : Aduanced Lawn and Landscaping FAX NO. 2397320077 16/2 C 1 Sep. 12 2005 11:43AM P4 !rrÌ9-çt~ìon; Bury Exposed Irrigaticm Valve Control Wire = No Charge Tota' ; == $ 702.50 ~d#2 Remove the foUawin!): 6 Fakahatchee Grass Labor Cost 2 laborers Install the approximate following: 588 Sq ft of Fforatam Sod Bed #3 Remove the following: 4 Fakahatchee Grass !.JiP.ºr CQ§! 1 Laborer @ $401hr x O.5hrs Grind the following: 1 Live Oak stumlP, adjacent to Turning Lane labor Cost 1 Tree Expert @ $125/hr x1hr Install the approximate following: 270 Sq ft of Floratam Sod @ $40lhr x O.5hrs = $ 40.00 @ $1.25/per sq ft ;;::: $ 735.00 Total ;::: $ 775.00 == $ 20.00 Red #4 Remove the following: 40 (or morelless)Uriope !..abor Cost 2 laborers All Grass clumps & Iris Labor Cost 2 Laborers Installlhe approximate following: 225 Sq ft of Floratam Sod in a 6ft strip along the turn lane taper == $ 125.00 @ $1.251per sq ft . = $ 337.5P Total = $ 482.50 Bed #5 Remove the following: All Grass clumps Labor ÇO~! 1 Laborer Install the approximate fOllowing: 525 Sq ft of Floratam Sod @ $4O/hr x O.5hrs =$ 40.00 @ $4O/hr x O.5hrs =$ 40.00 @ $1.25/per sq ft .::$ 281.25 Tota =$ 361.25 i I @ $4O/hr x 1hrs =$ 40.00 @ $1.251per sq ft =$ 656.25 Page 3 (Golden Gate mr:dians renovaticn PfClpOSal) Customer Copy! _"~""'-"._._-_.,-,,-_...._,._--" FROM : Aduanced Lawn and Landscaping FAX NO. 2397320077 1i!.b9! ,ÇØ$t 1 Laborer @ $4Olhr x O.Shrs B~d #6 Remove the following: 12 Grass dumps Labor Cost 2 Laborers @ $4OJhr x O.5hrs Install the approximate following: 180 Sq ft of Floratam Sod Bed #7 Remove the following on the East end; 12 Grass clumps Labor Cost 2 Laborers @ $4O/hr x O.5hrs Install the approximate following: 270 Sq ft of FIoratam Sod Remove the following on the West end: 4 Iris Labor Cost 1 Laborer @ $4OJhr x 0.5hrs I nstall the following: 75 Asparagus (39al) ~#..8 No work to be done Be<;! #9 Remove the following on the East End: 12 Grass clumps Labor Cost 1 Laborer @ $40lhr x O.5hrs Install the following: 9 ThryaJlis (3gaIJ 68 Junìper Parsonii (3gal),. two rows along edge of bed Remove the following from the Middle: 15 Cocoplum Labor Cost 1 Laborer @ $40/hr x 1 hrs Install the foIJowing: 30 Dwarl Fire Bush (3gal) Page 4 (Golden Gate medians TeJWrJati.cn praposal) _....'"~.~'q---~........>"- ----""'~ 1612 Cl Sep. 12 2005 11:43AM P5 "" = $ 20.00 Total :~ $ 716.25 = $ 40.00 @ $1.25/per sq ft ',=.$ ~5.00 Total !;: $ 265.00 :;::: $ 40.00 @ $1.251per sq ft : = $ 337.80 , = $ 20.00 @ $20/each ; = $1.500.00 Total = $1,897.80 @ $20/each @ $20/each = $ 20.00 I :, ;;:; $ 180.00 = $1,360.00 @ $20/each I ;;:; $ 40.00 , = $ 600.00 Customer Copy! FROM : Aduanced Lawn and Landscaping FAX NO. 2397320077 S.1l1ø!243tp.l I I Install the following at the West End: 60 Juniper Parsonii (3gal) @ $20/each = $1.~OO.OO Total :;: $3,400.00 Bed #10 Install the following: 42 Dwarf Fire Bush (3gBI) @ $2OJeach Total = $ 1340.00 Median #20 Total :::; $8,600.30 Grand Tota ::: $14,091.30 Acc~ptançe qf Eropo$al Contractor SignatUre Client Signature S~T.~ Date g SIf6 Oð Date Page 5 (Golden Gate medians renOlJutWn proposal) Customer Copy! ----".~ -,-- . - 'II' .__-~ 16/2 C 1 FROM : McGee & Associates \..,~ FAX NO. 941 417 0708 Aug. 09 2005 03:27AM P2 GOLDEN GATE BEAUTIFICATION M.S. T.V. GOLDEN GATE PARKW A V LANDSCA"PE RENOVATIONS GENERAL BID & TNST AU..A TION TNSTJ,pCTIONS: I. INST ALL A TJON SHALL INCLUDE ALL PREPARATION WORK REQUIRED TO lNST ALL TIIE NEW PLANTINGS, INCLUDING REMOVAL OF EXISTING MULCH; BACKFILL OF HOLES FROM EXCAVATED PLANTS OR STUMPS; FINISH HAND GRADING. 2, ALL PLANTINGS SHALL INCLUDE INITIAL HAND WATERING. 3, PROVIDING A THREE INCH LAYER OF PINE NEEDLE MULCH. MEDIAN N12 WEST END BED #1 ; 1. 2. 3, REMOVE 3 CABBAGE PALM STUMPS; REMOVE 9 GRASS CLIUMPS WEST OF PUMP; ADD l-lO'AND I-IS' HT. CABBAGE PALMS; 15' FIT. 8' EAST OF PUMP STATION 4' OFF BACK OF CURBING; 10' HT, 18' FROM PUMP STATION 4' OFF BACK OF CURBING~ ADD 15 TIIRYALLIS 3 GAL., WEST OF PUMP STATION; ADD 35 mNIPER PARS0N13 GAL., WEST OF TIIRYALLIS~ ADD 45 JUNIPER PARSON! 3 GAL., NORTH SIDE, TWO ROWS ALONG TURN LANE BACK OF CURBING FULL LENGTIf OF BED. REVIEW EXISTING IRRGATlON AND ADRTST FOR PROPER COVERAGE~ INSTALL THREE ROTOR HEADS ONE ON EACH SIDE ÅND ONE ON WEST END. BED #2: 1. ADD 12 - YELLOW AFFRICAN IRIS , 3 GAL., NORTH SIDE EAST END OF BED; 2. ADD 5 - THRY ALLIS 3 GAL., NORTH SIDE EAST END OF BED; 3. ADD 10 - JUNIPER PARSON! 3 GAL., WEST END OF BED; f \....,.., 4. 5. 6. 7. MEDIAN #J3 EAST END: }, REVIEW AND ADIDST IRRIGATION FOR PROPER COVERAGE OF PLANTING AREAS~ 2. REMOVE LIRIOPE CLUMPS; ), INSTALL 400 S.F,(+/-) ST, AUGUSTINE 'FLORAT AM' SOD; MEDIAN #20 EAST END: BED #1: 1. 2. 3, 4, ~ REMOVE SAW PALMETTO CLUMP; ADD 4 - INDIAN HA wrHORN 3 GAL, ADD 210 S.F.(+f-) ST. AUGUSTINE 'FLORA TAM' SOD; ADD 20 - BOSTON FERN 1 GAL,; ".""----.-''''......".,--......- 1612 n U 1 FROM : McGee & Rssociates 5, BED #2: 1. 2, BED #3: 1. REMOVE 4 CLUMPS FAKAHATCHEE GRASS; 2, GRIND UVE OAK S11JMP ADJACENT TO TIJRN LANE; 3. INSTALL 27Q S.F.(+/-) ST. AUGUSTINE 'FLORATAM' SOD; TURF AREA BETWEEN BED #3 & 4 1, GRIND 2 STUMPS BELOW GRADE 2. INSTALL 8 S.F,(+/-) ST. AUGUSTl~ 'FLORA TAM' SOD; BED #4: 1. ., .... BED #5: 1. 2. BED #6: 1. 2, BED #7: EAST END: 1. REMOVE 12 GRASS CLUMPS EAST END; 2. INSTAIL270 ST(+/-) ST. AUGUSTINE <FLORATAM' SOD; WEST END: . 3, REMOVE 4 IRIS; 4. ADD 75 - AGAPANTHUS 3 GAL.; BED # 8: NO REFURBISHMENT BED #9: EAST END: 1, REMOVE LIRIOPE CLUMPS; 2, ADD 9 THYRALLIS 3 GAL,; 3, ADD 681UNIPER PARSON! 3 GAL.. TWO ROWS ALONG EDGE OF BED; , MIDDLE: 1. REMOVE 15 COCPLUM SHRUBS; 2. ADD 30 - DWARF FIREBUSH 3 GAL,; WEST END: 1, ADD 60 - JUNTPER PARSON] 3 GAL,; BED #10: 1. ADD 42 - DWARF FIREBUSH 3 GAL,; \../ 3, 4. \.._-- L~ FRX NO. 941 417 0708 Rug. 09 2005 03:27RM P3 BURY EXPOSED IRRIGA nON VALVE CONTROL WiRE, REMOVE 6 - FAKAHATCHEE GRASS CLUMPS; INSTALL 588 g,F,(+/-) ST. AUGUSTINE 'FLORATAM' SOD; REMOVE 40 +/- LIRIOPE CLUMPS; REMOVE CLUMPS OF GRASSES AND IRIS; ADD 295 - JUNIPER PARSONI 3 GAL" 36" O.c.; INSTALL 225 S,F,(+/-) ST, AUGUSTINE 'FLORATAM' SOD IN A 5 FT, STRIP ALONG THE TURN LANE TAPER; REMOVE GRASS CLUMPS; INSTALL 525 S.F,(+/~) 81, AUGUSTINE 'FLORATAM' SOD; REMOVE 3 GRASS CLUMPS; INSTALL 180 S.F.{+/-) ST, AUGUSTINE 'FLORATAM' SOD; \. ...<~,.,._.,-~--,.- '"'--1'_''' 1 6 I 2 C 1 Q1 ::! M ex:> ~ ::I 1.0 ..- ..- ~ 0 ~ 0 0 ..t en c ..t M M 0) ::I 0 '<t 1.0 t c 0 ..- M r-.: '6 () ..¡ N N C ~ ~ ~ ~ ::I LL. ~ U- '-' ~~ i< Q1 íiì t,) ..s ... '<t to tg (jj ::I I'-: N 10 '2 J~ 0 0 :) ex:> a:j ü en r-- 0 I- r-- to M I,J ~ J'8 õ 0) en 0 ..- N C :E N- M <Ô ~ «~ c '6 1.0 1.0 ..Ð 0 c ~ ~ ~ ~ t>Q. r= ::I '3 'ã. 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Item 01-Sleeving 02-Lighting Installation 03-Asphalt Paving 04-Concrete Curbing 05-Site Preparation 1612 C 1 Total Quote $76,791.93 $56,441.44 $26,590,95 $91,941,58 $56,181,79 "Note: Bonness Inc, listed Maintenance of Traffic ($6,991,77), Mobilization ($2,193,23), and Survey ($8301,38) as separate cost items which total: $17,486.41 Bonness Inc, Total Quote Bonness Inc, Total Quote Better Roads Item 01-Sleeving 02-Lighting Installation 03-Asphalt Paving 04-Concrete Curbing 05-Site Preparation Better Roads Total Quote Qualitv Enterprises Item 01-Sleeving 02-Lighting Installation 03-Asphalt Paving 04-Concrete Curbing 05-Site Preparation $307,947,69 $325.434,10 (with additional items quoted) Total Quote $56,772,00 $74,382,50 $71,291,00 $231,775,00 $151,041,75 $591.412,25 Total Quote $81,973,75 $134,036,25 $49,116,25 $124,842,50 $42,780.43 Qualitv Enterprises Total Quote $448.949,18 Proposal 6/24/2005 Submitted To: Collier County Dept Of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, FL 34104 Darryl T. Richard, RLA Address: Contact: Phone: (239) 659-5775 Fax; (239) 213-5899 BONNESS INC. P;~'''''in~! ;1I1t~ Sik\\:c.rì~ ('nfl'rac~(;", 1990 Seward A~enue Naples, Florida 34109 (239) 597-6221 (239) 597-7416 Fax www.bonnessinc.com Bid Title: Bid Number: Project Location: Project City, State: Engineer/Architect: uO~J~¡:<;S 1612 C 1 Golden Gate Beautification M,S,T,U, Sunshine Blvd, Golden Gate City Naples, FL McGee & Associates Item No. Item Description THIS PROPOSAL 15 PER COLLIER COUNTY PROVIDED BID FORM Unit Price Estimated Quantity Unit Total Price 01 . SLEEVING BY DIRECTIONAL BORE 01 As-Built Plans 02 2 HDPE Sleeves By Directional Bore 03 4" HDPE Sleeves By Directional Bore 04 6" HDPE Sleeves By Directional Bore 05 AL T, - 2" SCH 40 PVC Electric Conduit by Directional Bore 1,00 639,00 100.00 559.00 859.00 LS LF LF LF LF $1,727,28 $27,64 $27,64 $55,27 $27,64 Total Price for the above 01 . SLEEVING BY DIRECTIONAL BORE items: 02 - LIGHTING INSTALLATION 06 As-Built Plans 1,00 LS $1.842.43 07 Electrical Service Feed Per Detai! CE-1, 3,00 EACH $287,88 E-1 (By County) 08 Decorative Lights (By County) Fixture 12,00 EACH $316,67 handling & Assembly 09 Install Bases, Set Fixture, Wire & Test 12,00 EACH $863.64 10 2" SCH 40 PVC Electric Conduit with 1,881,00 LF $7.31 Conductors by Trenching 11 Electric Conductors in Directional Bore 859.00 LF $2.42 Conduits 12 Al T, - 2" SCH, 40 PVC Electric Conduit by 859,00 LF $27.64 Directional Bore Total Price for the above 02 - LIGHTING INSTAllATION items: 03· ASPHALT PAVING 13 As-Built Plans 14 Asphalt Paving Miscellaneous/Patching (2" Thick) 15 Asphalt Paving Turn Lane Extensions (1 ") 16 Asphalt Paving Turn Lane Extensions (3") 17 Stabilization Type B 18 Base (10" Limerock) 1,00 26.00 27.00 81.00 487,00 487,00 LS TON TON TON SY SY $2.533,34 $121,57 $127,72 $78.21 $6,06 $16,76 Total Price for the above 03 - ASPHALT PAVING items: 04 . CONCRETE CURBING 19 As-Built Plans 20 Concrete Curb (FDOT Type D, Include Excavation) Page 1 of 2 1,00 8,391,00 LS LF $3.915.17 $9,77 $1.727.28 $17.661,96 $2,764,00 $30.895,93 $23,742,76 $76,791.93 $1,842.43 $863,64 $3,800,04 $10,363,68 $13,750,11 $2,078,78 $23,7422.6 $56,441.44 $2,533,34 $3,160,82 $3,448.44 $6,335,01 $2,951.22 $8,162,12 $26,590.95 $3,915,17 $81,980,07 ---- 1612 C I BONNf:88 INC. ;':ìY,¡'~'~ ~)¡h': \'!\''.;:.''''~ ~. ~·':L:i, l' 1990 Seward Avenue Naples, Florida 34109 (239) 597-6221 (239) 597-7416 Fax www.bonnessinc.com 42,00 LF 21 Concrete Curb (FDOT Type 0 depressed. include excavation) 15" Culvert with Concrete Mitered Ends (Per Collier Cty RNI/ Ord, Stds,) Total Price for the above 04 . CONCRETE CURBING items: $9,77 22 1.00 $5,636,00 LS 05· SITE PREPARATION 23 Clearing & Grubbing 24 Vegetation Removal 25 Remove Aphalt Pavement & Base 26 Remove Asphalt Curbing 27 Herbicide Application 28 On-Site Grading 29 Sodding (Bahia) 30 Seeding LF LS SY LF L.S LS SF SF $10,122,77 $3.053,80 $10,39 $2,70 $1.980,61 $23,856.29 $0,24 $0.06 1.00 1.00 838,00 1,546.00 1.00 1.00 2,400.00 61,855,00 Total Price for the above 05 - SITE PREPARATION items: $410,34 $5,636.00 $91,941.58 $10,122.77 $3.053.80 $8.706.82 $4,174.20 $1.980,61 $23,856,29 $576.00 $3,711,30 $56,181.79 Total Bid Price: $307,947.69 Notes: . Subject to prompt acceptance within 15 days and to all conditions stipulated on the reverse side, we agree to furnish materials and labor at the price(s) set forth above, · Permits, fees, layout. survey and testing by others, · Removal and/or replacement of unsuitable materials (I.e. rock andlor muck) below grade is not included. · Proposal based on the plans by McGee & Associates sheets CL 1-CL5 dated 1/2005, Last revision all sheets 4/2012005. · No import fill included, · This is a unit price bid based on bid form provided, · Pavement markings and signage not included on plans, · Pproposed shelter, bike rack. trash recpetacle. decorative paving, brick pavers, etc, Not in bid form not included in above proposaL · THERE ARE NO LINE ITEMS FOR THE FOllOWING ITEMS: Mobitzation 1 LS $2,193,23; Maintenance of Traffic 1 lS $6,991,77; Swvey 1 LS $8301,38, Payment Terms: Payment due Vil'Ïthin 30 days of date of invoice, regardless of when payment is made by Owner ACCEPTED: CONFIRMED: Bonness Inc. The above prices. specifications and conditions are satisfactory and are hereby accepted, Buyer Signature Date of Acceptance Authorized ,'---_ Signature: '"':----- Estimator: Vic Blasucci ( Page 2 of 2 -"-- JUK-30-2005 01:08PM FROM-BETTER ROADS IHC, +12395916995 T-541 '- , 252 C 1 IIS~ :""~~:-"'¡¡::¡¡ " tt~~~ ~a~!5" i ¡Q ....x:¡;;x . ~oo ~i ¡ · "V'1:J "immrn 'ft~ CÞ £fl!~~ 'C Hli i~·m . m~~ o .3 :!Ila ~mm UJ ~ i "tI(Ø(þ ~2!~~ Ilif p!22e ïi!~ m;IJ;;DfK n~~~ i c:§: :i1::!::f_ ~i~3 8~~~Q i:!in~.c:! ~iizi Zmmm '''is!.... gioo QO æ~¡¡ _ ::o~ om -Hn m G~ ~ III! C 1;2-1 :i5 a~ () eo ... ~ ~ no i~iCL -lOr- æi,,1 ~ iln~l""'r- I:Þ ,..- 0 æ>m!IJ ,,¡g~' ~ ¡ ~~C) i: = æ ~ w ,:a;og~ 0 ¡:;; :::c !!!~~~~ m f !i~~~ III ¡!=¡i~ ;!:z(3-1 m" en z ~ ~~~;1p m~:::c?:ig G:lCft..-CD z~Õg :B1Bg~ tt;I::!z~ ..... ilio -" õi!:Z r-rr-r r- i m¡: :-n:n:-n~ rn 1110 - ~o - em .en (IJ c: c: ~ ii!. !: - I ~ to !!L . ~ Q. Õ <) :I Q = flltM__.'" .. ~ ~ I ~ ~ fl C) !\ . . Q \11 \) , . c () o Q ~ 0:1> C (I ~ ... 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J: Bhs h¡1 S ;51!1L1L fš§5 == !:::ïï¡¡ - 815 - iP= t!:.E!;. j , Jjj I i ~'ff ! j , ;~G5 ! ii Go Z~:S:$ 1i if - ~li%:r e.. 0 I i!==~< ~.~J é ~I~i iI h : lJ~m ji!~ ! ~"!i G. :lL...: C'f ('OJ ~ § m I 1612 ~G 1 ¡0 10' DO ..... . C\ -::r Q'I ~ 00 .q .q - ~ ,¡.J o 8- r-I 1\1 j o H -- -_.~--------- ---- -- ~8/£7!2005 02:04 239-543-5873 E B SIMMONDS ELEC 16Ff(2'C !~ E. B. SlMMONDS' , 4406 exchange Avenue #105 Naples. Rorida 34104-7024 Electrical, Inc. Phone (;!!-'; ~4J.217( ~ax (;!:!I '43-6i7:: STREE' LIGHTING . UTILITIES . GENERATORS INDUSTAIALAND COMMERCIAL E :timlZte and Contract 'to: Collier County Transportation ATM - Alternative Modes ofTransportoti m 2885 South Horseshoe Drive Naples, n 34 J 04 Phone: (239) 213-5871 Fa,'''{: (239) 213-5899 Attention: McGee and Associates, Mieha ~ McGee August 7, ,~('05 Quote #Q05 Of65 .......--.... .. .. We hereby submit specifications and estimates for G.G. Beautification M.S.T.U. Sunsbine Blvd. Two l00amp single phase services (inchKiing FPI charges) One l00amp thtëe phase service (including FPL c! arges) Two inch PVC directional boring with conductors Two inch PVC open trenching with conduit and C( lductors Twclve fum1sb and install foundations, and install light poles $6,300.00 5,500.00 21,475,00 11,.286,00 14,400,00 Total M rtcria1 and Labor ~)~OO , Note: This figure is :fur budget PUI'lJQ8eS on1y, Invoice" il1 be base on time and material and will be item;;¡:m per Annual Contract. TInS CONTRACJ' EXCLUDES ANY & ALL PERMIT, INSPECTION,IMPACT AND tmLlTY FEES We hereby propose to:furnish the above complete D ac:cordanc:e witb tbe above specifications for the sum of Fifty eight thousand nine hundred sixty one dollar. and OO/] 00ths Dollars ($58.961.00), Payment to be made as foUows: In full upon C01! ",Jetion It is the responsibility of the purchaser/owner to provid adequate access to the job sÌte, If during the course of1he job it becomes necessary ~ traverse $idewaJks, driveways, grlL.'IS CJr S( ~ t'towerbeds, sprink1t=, etc. Every cffort wiU be made to avoid any ðmna ge Should breaks occlIr as a direct result of our machinery repairs may be 008de at additionaJ cost to the OW1'IÐ', All material used in this cœt.ract is guaranteed to be as ;pecified, and the entire ,job is to be done in a neat ønd substlmtiallJ1.BI11lCr. I\; (" aluntiOl1 or dcvì.atiOll :from the spcci:fi<Oations herein a~ ~ upon in'VQlviDg ex1n cost of l3bor aDd. material will bt;! ~ upoo e¡ the a Mitten or verbal order tor same, and wil1 become an ç¡ tra charge Ova' the sum mœùoood in this con baser agrees to pay i1ttct~~ clw-ge.o; of 1 1/2% per month which is an 8l!n1JB.l rate oj 18%. In the event payment is not made, pur øser to pay all costs ~~ of collection including interest aDd Rttorneys 1!eS. This estimBte is valid fur ' - -------- Signed by -- - AC :EPTANCE OF ESTIMATE The foregoing terms, spooifications and condition! arc satisfactory, and the same are hereby accepted and agreed to, and hereby autho ;J:O you to execute the same, Date Signed by r- f'\.LJI ¡ . I ILl.Å~_:__t- ,'".f, -. J 1 '.' ~J "1 ' " lj ~ ! 1! ,'~ f.'· ", .. ,,_, L'. ._.' AG-TRONIX. INC, 1304 N. 15th STREET rMMOKAl.EK FL, 34142 239-6~1.5519 ~u cus,.OMeR NAM! _._~'''''-''-_':¡::;''~1'~:~;./._. .- Coll~ Ccun1y DOATMrr~oc 27~ ~ a;vc South NaplM, fl 3410-4 L__ ~~....,.,,~., ...:__--.~'c.,--, -~"'·t-,,' '~." .. ",.""¡.......-,ba:.~..._..,' ........'-.. ITEM P;¡II4U \,/ fLN21.!\4A F2!()3^ FLN2 1 54A B00-036' gM·7106 ¥oo.. 7111 SS.24DSS PED-1AD5S MLB,:¡-AC ~lr11'> :Ç 1020 ~ ~'Qq Ot!OC~<~p"ìor, V'¡::_~S _..'...,.,,(....;...1!ó-.£:,,'" - <~ . -.........""., UMF(4:'i0-470MH, ", \)(;crr:'>c' .!' . ,'P"J(i1 wi HT15í biio Sc::orpio At. ilO !:JI,.'}!InUJi; ~ V1),<.: 2 ¡!'l,~ oo~ &orpio AC I/() E;,,;:~j:n {j 12,- P!:Jo.w!r SuppÌ),.D.A.~}i,' ·,~m, H·!N,~ AC 'Pototr ::ebk 'r1.0C.<;¡ DC ~i Clb}: SS EnclO£utt 00 :,,~Vl Xk,¡',·,: ss p~ 24¥/ '{ l1E \' "¡,'r ~nrgl ~\X ).,:, flt'.I!'.O\.L L<m' Pmfl~ Á r,: " ;'fIr dn ' ~ 'p Leviton SUfJ:;I.' PW!,'!Ictrot GYI WlSwÎu:}¡ i,J" w, ~. ' '1!?;Ø!,r :':' -'" -" .,// '.. . r ¡ I ~,.J ~,__,_~., ~ you b yaI bLKÍ:r~r QC~ ("..000 FOR 6OTlAVS, - '-.' \'1 1 6 12 C ,,,. 1'· QUOT A TION/PROPOSAL \1'-1'"-. i/ ~ ! /2({1< i.,: ¡;;. ~: MJ; ,;- ~¡t, ~'¡ 1 , ,). ·"'--·o.ifo¡". í ~¡C( I" ~: " "t j~, L-\., rj'}(: 1j{, 'f'O; Al, RK'it-,.C ":jW c ,~ QcIO't'F NO '''--', 4f>:t \ I I ~~-r.::'~".--.'-"-- ''''-'-- -.. .~.. ,.. . ..-) ;JROJEC~ ! --1 I , ,__ ",.............--J 'rOTAl ¡ .'-<->.·,,,,.o_..-~.~...... .'. II{' J250() (, ~'j{ , ~ ,~.<)() II ()f ()(\ :25,00 , (\{} 00 ,).(XJ () (){) ¡<.:, o'~; , iI'" , (\t it! : ,.... ~; '«J ~_\l.J ~- ~ O.oc c: (,~" I> Ü(; ,>() ()( ¡':W,ij() 90,00 i ¡ IIQ ()(¡ ~s- [!( '. !}:~ ~ ç) (}() ¡ I ¡ t i '-1 ~~~~:J ';"',L .:U.,lJ;.., I.. 10 J MEMORANDUM Date: November 7, 2005 To: Michelle Arnold, Director Code Enforcement From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005-382 & 2005-383 Enclosed please find two (2) copies, as referenced above, (Agenda Item #10J and 10L) approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (2) AGENDA 16 ~ctv~ SEP 3 0 2005 ,. 1 ,., I I ( I '. Board of County Commissioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M" THURSDAY, OCTOBER 6, 2005, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRA TION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ------- ITEM-;--INÐIVIÐUALS- SELEe-TED- 'f0 ..... SPEAK--ON- .. BEHA-tF--OP-- AN---------- ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN, PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING, IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. __ _..______u__ ',. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND / EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, 1, PLEDGE OF ALLEGIANCE Fiala Halas Henning Coyle Coletta = 2, ROLL CALL BY CLERK 3, ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - AUGUST 17,2005, SPECIAL LDC MEETING; AUGUST 18,2005, REGULAR MEETING; SEPTEMBER 1,2005, REGULAR MEETING 6, BCC REPORT- RECAPS - SEPTEMBER 13,2005, REGULAR MEETING 7, CHAIRMAN'S REPORT 8, ADVERTISED PUBLIC HEARINGS A, Petition: CU-2003-AR-3573, Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc" requesting a Conditional Use in the RMF-6 zoning district as provided for within Table 2 of Section 2.04,03 per Land Development Code (LDC) for expansion of an existing church, The 2.03± acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida, (Coordinator: Michael Bosi) Mise, Corrés: Date:_/// I /tJ5 I ' !~~,.." #' J J_ -"7 é; C ;¡ '-~~,.._.-_."-- ,. 1 1612 C 2 - B. Petition: DRIABN-2004-AR-6251, Collier Development Corporation (CDC) represented by George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DR!) for the CDC DR! approved in DR! Development Order 86-2, approved on November 10, 1986 because the proposed changes to the PUD will reduce the project below the applicable criteria for a DR!, The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416,08± acres, COMPANION TO PUDZ-A-2004-AR-6126 _ Sabal Bay PUD (Coordinator: Kay Deselem) C, Petition: PUDZ-A-2004-AR-6126, WCI Communities, Inc., and CDC Land Investments, Inc., represented by Richard D, Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P,A. and Robert J, Mulhere, AICP, of RWA, Inc" requesting a rezone from the Planned Unit Development (PUD), Agricultural-Special Treatment area (A-ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DR!. The proposed project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation/village center uses, and public facility uses, preserve areas and rights-of-way, The property is located south of Thomasson Drive, south and west of U,S, 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway, The property is in Sections 23,24,25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,4 16,08± acres, COMPANION TO DRIABN-2004-AR-6251 (Coordinator: Kay Deselem) D, Petition: PUDZ-2004-AR-6906, James J. Fields, contract purchaser, represented by William Hoover of Hpover Planning and Development, Inc" is requesting: a rezone from the Residential Multi-Family-6 (RMF-6) with a Bayshore Mixed Used District-Residential (BMUD-R2) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Cirrus Pointe PUD, to allow for a multi-family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7,89 bonus density units per acre) in the development of this project for low-income residents that will include a maximum of 32 units designated as Affordable Housing units, The subject property, consisting of 9,92 acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida, (Coordinator: Kay Deselem) E, Petition: PUDZ-A-2004-AR-6084, Waterways Joint Venture IV, represented by Dwight H. Nadeau, of RW A, Inc" and Richard D, Yovanovich, of Goodlette, Coleman and Johnson, P,A" requesting a rezone from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD) for a project to be known as Bristol Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and units to allow for a maximum number of 292 residential units and recreational amenities. The project density is proposed to be 6,85 units per acre subject to the approval of the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize affordable housing bonus density units (in the amount of 121 units at 3,0 bonus density units per acre) in the development of this project for low-income residents that will include a maximum of 29 units designated as affordable housing units. The project consists of 42,61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR-951), approximately 1 mile south of Immokalee Road (CR-846), Access to serve the project is proposed to be from Tree Fann Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida, (Coordinator: Kay Deselem) CONTINUED FROM 8/18/05 2 16 12 C 2 -1 - F, Petition: PUDA-2005-AR-7557, Empire Developers Group LLC, represented by Laura Spurgeon, of Johnson Engineering, Inc" is requesting an amendment to the HD Development Planned Unit Development (PUD) Document and Master Plan by: revising the minimum single-family lot area from 12,000 and 6,000 square feet to 9,000 square feet; revising the minimum interior lot width from 85 feet and 55 feet to 60 feet; revising the minimum comer lot width from 95 feet and 65 feet to 65 feet; the project ownership; removing attached and single-family dwelling units as permitted uses; and, adding additional landscape requirements on the north side of the PUD, The subject property, consisting of 46,64 acres, is located north of Immokalee Road, east of Olde Cypress Boulevard, on the south side of Treeline Drive, in Section 21, Township 48 South, Range 26 East, Collier County, Florida, (Coordinator: Heidi Wìl1iams) G. Petition: PUDZ-2004-AR-6422, The Lutgert Companies, represented by D, Wayne Arnold, AICP, of Q, Grady Minor & Associates, P,A" and George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, requesting a rezone from the (A) Agricultural zoning district to the PUD zoning district for the Mercato PUD. The proposed use is for a mixed-use development with retail, office, restaurant, hotel and multiple family uses, The design of the project is intended to center around a traditional main street design with a maximum of 395,000 square feet of retail floor space, 100,000 square feet of office space, and a maximum of 80 hotel units is permitted within the 27,7-acre Mixed Use tract and 175 residential dwelling units on a 10,67 acre Residential Tract resulting in a density of 3,3 units per acre, The property, consisting of 53 acres, is located at the Northeast corner of Vanderbilt Beach Road and Tamiami Trail North, in Section 34, Township 48 South, Range 25 East, Collier County, Florida, (Coordinator: Ray Bellows) 9, OLD BUSINESS 10, NEW BUSINESS 11. PUBLIC COMMENT ITEM 12, DISCUSSION OF ADDENDA 13. ADJOURN 1 0-6-0S/CCPC AgendaIRB/sp 3 1612 C 2 September 1, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 1,2005 RECEIVED SEP 3 0 2005 Board of County Commissioners LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell A. Budd Mark P. Strain Bob Murray Brad Schiffer Lindy Adelstein Kenneth Abernathy Robert Vigliotti Donna Reed Caron Paul Midney ALSO PRESENT: Joseph Schmitt, Community Dev. and Env. Services Ray Bellows, Planning Services Marjorie Student- Stirling, Assistant County Attorney Patrick White, Assistant County Attorney Fiala Halas Henning . Coyle _;::-- Coletta / Mise, Corres: Date: jJ / J IIJ5 , , Item#:)/c; zac ;>. Page 1 Copies to: ,--_....,-,.._,.-"..,--,-,._.-'^~.~ 1612 C ~ .: September 1, 2005 CHAIRMAN BUDD: Good morning. We'll bring this meeting of the Planning Commission to order. Please rise with me for the Pledge of Allegiance, (The Pledge of Allegiance was recited in unison.) CHAIRMAN BUDD: We will start with our roll call. Ms. Caron? COMMISSIONER CARON: Here. CHAIRMAN BUDD: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. CHAIRMAN BUDD: Mr. Abernathy? COMMISSIONER ABERNATHY: Here, CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Here. CHAIRMAN BUDD: Mr. Budd is here. Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. CHAIRMAN BUDD: Mr. Midney is not here. Mr. Schiffer? COMMISSIONER SCHIFFER: Here. CHAIRMAN BUDD: And Mr. Murray? COMMISSIONER MURRAY: Here. CHAIRMAN BUDD: Very good. Addenda to the agenda? I am not aware of any agenda changes. Ray, are there any staff changes? MR. BELLOWS: No. There's no changes, other than a lot of individuals here for item 8C, and I don't know if you want to move the -- change the agenda for that. CHAIRMAN BUDD: Okay. We'll consider that. Mr. Strain, you had a modification? COMMISSIONER STRAIN: Yes. Yesterday all the panel was sent an e-mail by staff They wanted to talk about having a meeting to discuss a meeting. So on today's agenda I would like to get that issue resolved. So maybe we could have a meeting on the agenda today about discussing the meeting about possibly having a meeting. So if you all don't mind, I'd like to get it put to bed so we haven't got a-- CHAIRMAN BUDD: How about we put that under item 9, old business. COMMISSIONER STRAIN: That's fme. COMMISSIONER ABERNATHY: So it's an agenda item to decide whether to have a meeting to have a meeting? COMMISSIONER STRAIN: Well, that's what staffs asking, and I just want to get it resolved rather than have a flurry of e-mails going back and forth. CHAIRMAN BUDD: We want to make sure the people get all the government they're paying for. Okay. Any other requests? And do we want to take Mr. Bellows' suggestion that item 8C, the Valewood Properties, commercial to residential, be moved up to the first agenda item today? COMMISSIONER VIGLIOTTI: So moved. COMMISSIONER STRAIN: Well, Mr. Chairman, I know there's folks here for the other one as well. Some of them asked me when the -- when they would be up, and I told them fairly early so they could get back to work. So I'm not sure that there's a need to change it in regard -- for that reason. CHAIRMAN BUDD: I don't have strong feelings either way. If there's no motion, we'll continue Page 2 v September 1,2005 16 12 2 ..... with the agenda as published. There being none, there are no -- excuse me, there was an addenda to the agenda, Mr. Strain's item under old business. Do we have a motion to make that change to our agenda? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: Seconded. CHAIRMAN BUDD: Moved by Mr. Murray; seconded by Mr. Adelstein. Discussion? (No response.) CHAIRMAN BUDD: All those in favor, say aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: (Absent.) COMMISSIONER LINDY: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. Planning commission absences. I'll be absent the rest of my life. COMMISSIONER STRAIN: That's how it's been all along. CHAIRMAN BUDD: Yes. COMMISSIONER ABERNATHY: Just going to make it official? CHAIRMAN BUDD: I'm making it official. This is it. Any other -- (Applause.) CHAIRMAN BUDD: Yeah, they're happy at that. Approval of minutes, July 21st, regular meeting minutes? Do we have a motion to adopt as submitted? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER SCHIFFER: Seconded. CHAIRMAN BUDD: Mr. Adelstein is the motion. Mr. Schiffer is the second. Discussion? (No response.) CHAIRMAN BUDD: There being none, all those in favor, say aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: (Absent.) COMMISSIONER LINDY: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. Page 3 1612 C September 1, 2005 """ t.: - COMMISSIONER CARON: Aye. CHAIRMAN BUDD: Those opposed? (No response,) CHAIRMAN BUDD: Thank you. Board of County Commissioner report recaps? Anything, Ray? MR. BELLOWS: The board did not meet in August, so there are no recaps. COMMISSIONER ABERNATHY: The republic is safe then, huh? CHAIRMAN BUDD: Good. And chairman's report, I just wanted to point out to all those registered lobbyists in Collier County that the renewal period is coming upon us, and I believe -- yeah, here it is -- annual registration shall be required and shall occur on or after October 1 st of each year. So for all the lobbyists in the community, it's time to renew. We will move on then to the advertised public hearings, beginning first with petition CU-2004-AR-6700, the Eden Institute Foundation. All those wishing to present testimony on this item, please stand, raise your right hand to be sworn lll. (The speakers were duly sworn.) CHAIRMAN BUDD: Thank: you. Any disclosures by Planning Commissioners? COMMISSIONER SCHIFFER: I do. Kelly Smith kind of briefed me on this over the phone. CHAIRMAN BUDD: Okay. Any others? (No response.) CHAIRMAN BUDD: Okay. There being none, if we could hear ITom the petitioner, please. MS. SMITH: Thank: you. Good morning. For the record, I'm Kelly Smith with Davidson Engineering representing Eden Florida. From Eden Florida this morning also is Taire Malloy, who's the Assistant Director of Development, Dr. Vicki Isler, who is Director, and Frank: Garbarino, who is the Development Coordinator. CHAIRMAN BUDD: Excuse me for just a second. If there's somebody ITom our county IT department listening in, eight out of nine planning commissioner monitors are not working. Mr. Abernathy is the lucky one. COMMISSIONER ABERNATHY: Mine's on the wrong channel. I've got it now. CHAIRMAN BUDD: And the rest of us are out of luck. So if somebody ITom IT could help get us started up. Please continue, and we'll look at the screen up here. MS. SMITH: Thank: you. CHAIRMAN BUDD: Thank: you. MS. SMITH: The subject property is approximately 9.63 acres and is located at 2101 County Barn Road. It is currently zoned Estates and designated urban mixed-use district, urban residential subdistrict according to the future land use map. The Board of County Commissioners previously approved a conditional use for a senior independent assisted care living facility on the property. That approved conditional use has subsequently expired, and other than a previous stipulation, is not a part of our request today. The applicant, Eden Florida, is a division of Eden Institute, a Princeton, New Jersey, based non-profit organization founded in 1975. The mission of Eden Institute is to provide a comprehensive continuum of community based life-span services for children, adolescents, and adults with autism and to provide support to their families. Eden Florida was founded in 1996 to meet Southwest Florida's pressing need for individualized and specialized services for individuals with autism and their families. Eden Florida currently operates a Page 4 161'-. .2 September 1, 2005 -. facility on Learning Court in Fort Myers. We're requesting two conditional uses for the subject property. The fIrst is to allow for a private school for up to 50 students with autism. The school would provide services for individuals between the ages of three and 21 and would include a treatment and support facility, outreach services, recreational area, and a recreational facility. The second conditional use is approval request for a category group care facility to serve up to 12 clients as an -- on an as-needed basis. There are currently two houses on this property. Eden Florida intends to demolish one of the homes as the area for construction of the school facilities. The other home, which is shown on this site plan as the respite home, is going to remain and has been renovated. They intend to open a six -client group home, which is a permitted use by right. As the school is built, it is their intention to phase out the group home and allow for respite care for their students, again, on an as-needed basis. It would not be a permanent living situation. It's their philosophy that their clients, their adult clients, should live in the community, and, therefore, living on a school campus doesn't meet that need. The subject property is adjacent to two churches, an elementary school, and a future private high school. The neighboring property to the east is developed with a single-family residence, and those property owners did attend our neighborhood information meeting and were very supportive of the property. As pointed out in the staff report, the predominance of education and religious institutions surrounding the subject property ensures that the requested continual use is compatible to the adjacent properties. We agree to all the stipulations in the staff report and request approval of the conditional uses as requested. And I'd be happy to answer any questions. CHAIRMAN BUDD: Thank you. Any questions of the petitioner? Mr. Schiffer? COMMISSIONER SCHIFFER: Donna can go ahead. CHAIRMAN BUDD: Ms. Caron then. He defers to you. COMMISSIONER CARON: All right. Just a couple. The TIS says that the acreage is 9.91, and the staff report says it's 9.63. Do you know what the actual size is? MS. SMITH: I'm sorry. Nine point 63 is the correct. COMMISSIONER CARON: Is correct? MS. SMITH: Yes. COMMISSIONER CARON: Okay. And let's go over those student and client figures just one more time. You're going to have 50 students plus 12 clients in the building that already exists, plus an additional six? MS. SMITH: The building that already exists will be a six-person group home. That would be -- that would be a transitional use as the school is developed. COMMISSIONER CARON: But that will always remain? MS. SMITH: It will always remain as an opportunity for respite care. COMMISSIONER CARON: Okay. MS. SMITH: It is not their intention at this point to have 12 residents in that group home. But because of funding and fundraising and timeline to construct the school, they wanted to have that as an option. COMMISSIONER CARON: Okay. MS. SMITH: Until the school is developed. Page 5 16 12 C 2 September 1, 2005 COMMISSIONER CARON: So the potential is for 68 people at anyone time to be -- MS. SMITH: Sixty-two, because the -- COMMISSIONER CARON: -- on that property, MS. SMITH: -- existing six people would be incorporated into the 12. COMMISSIONER CARON: Part ofthat 12, okay. MS. SMITH: Yes. COMMISSIONER CARON: All right. Good. And my last question is for transportation, so I'll wait. CHAIRMAN BUDD: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. Kelly, my only question was, is there's a lot of facilities here. Will people, after they graduate, be coming back here? In there you define life-span needs. So will this be used for after they graduate the school program? Will this be a community facility or-- MS. SMITH: I'm going to ask Dr. Isler to answer that question for me. COMMISSIONER SCHIFFER: While she's coming up, what exactly does respite mean, just to make sure I -- COMMISSIONER ABERNATHY: What was the question? MS. SMITH: Respite is -- COMMISSIONER ABERNATHY: Respite? COMMISSIONER SCHIFFER: Yeah. COMMISSIONER ABERNATHY: You beat me to it. I was going to ask that. COMMISSIONER SCHIFFER: Oh, okay. DR. ISLER: Good morning. I guess I'll start with the first one. As our students-- CHAIRMAN BUDD: Could you identify yourself for the record, please? DR. ISLER: Oh. I'm Dr. Vicki Isler. I'm the Director of Eden's Florida program. For -- when students graduate from school at age 22 for children with disabilities, what our program -- what our philosophy is is that they will move into the community like any other typical child graduating. We would provide a variety of programs for them. It's -- we don't want it to be near the school. We'd like for it to be like yours or my home in the community, And, you know, various numbers, maybe six, maybe two in an apartment. So, no, we don't expect them to come and live on the campus after they graduate. It's not -- we really want to be community based. CHAIRMAN BUDD: And-- DR. ISLER: The respite. What we're looking at is, we wanted to have a home where, say, parents have children, you know, a child with autism, they want to go to Disney and take their other children, they want to leave them with us for the weekend, where families could have a safe place for their children to say, should there be a death in the family and they'd have to leave, where trained staff would always be available. So the respite piece would be more based on the needs of our community in short-term stays. CHAIRMAN BUDD: Okay. COMMISSIONER SCHIFFER: And let me -- for example, the gymnasium, which is far away from the school, or at least off to the side, is that something that would be -- I mean, would that be used by the old students, or is that totally something for the present-day students? DR. ISLER: Well, we were looking at, you know, having an opportunity, say, there are a lot of children in -- it would be used by school students, of course. COMMISSIONER SCHIFFER: Right. DR. ISLER: But there are a lot of students in the Collier County public schools who go to public school but may not have an after-care program or after-school or place to go where something is set up for Page 6 1612 C ~ t: September 1,2005 children with disabilities. So there could be a possibility of having like, you know, children come after school and have a gym class or something. So it would really be a part of the entire community but primarily for the children who attend school at Eden. COMMISSIONER SCHIFFER: And the reason I'm asking -- I'm not against it. But I just want to make sure -- because the application doesn't really clarify it, and there's a lot of square footage for 50 students that -- I get the feeling there may be other functions you're going to want, and I'd like to make sure that that's in the application so -- COMMISSIONER MURRAY: They're included. COMMISSIONER SCHIFFER: In other words -- DR. ISLER: I'd like -- the thing is, with the 50 students, there's one teacher for every two students. COMMISSIONER SCHIFFER: Right. DR. ISLER: So you're looking at a pretty, you know, low teacher to student ratio. I don't know. I don't foresee a lot of things going on outside of regular school activities. COMMISSIONER SCHIFFER: Right. But what you described is, in other words, an after-school program for -- I mean, it could be parents that work and the kids are in public school, you'd want them to come in there. So I think -- I'd like to make sure that the application clearly allows you that, because there is like -- for every student there's 200 square feet, which is a large amount of building. It appears to me thère might be more use than is being described, and I'd like to make sure you describe the uses so you don't have a problem in the future with a use that wasn't at this hearing. DR. ISLER: Okay. Okay. CHAIRMAN BUDD: Anything else, Mr. Schiffer? COMMISSIONER SCHIFFER: No. I'm done. Thank you. CHAIRMAN BUDD: Mr. Adelstein? COMMISSIONER ADELSTEIN: The question is, how many students or participants are there going to be in this group? DR. ISLER: Going-- COMMISSIONER ADELSTEIN: You're saying basically 50. DR. ISLER: Fifty children, yes. COMMISSIONER ADELSTEIN: It's not going to be any larger; you don't need more? In other words, if you're going to need more, it's better to put in more now than it would be to have to come back to do it again. DR. ISLER: I understand. We don't typically -- I mean, we could put more in. We don't typically go over 50 just because of the needs of the children. If you get too big, you risk quality care. We could -- I mean, we could certainly add a few more if -- to kind of, you know, mitigate that. COMMISSIONER ADELSTEIN: Is there a possibility that you may want to or may have to? DR. ISLER: I think there's probably always a possibility. COMMISSIONER ADELSTEIN: Well, then I would suggest that you consider putting -- making the number 50, not your maximum, but go something like 75, and then let it be. DR. ISLER: That would be fme. I'm not opposed to that at all. MR. BELLOWS: For the record, Ray Bellows. Unfortunately, the petition has been advertised for the amount of students list~d, and that would require a continuance and readvertising. CHAIRMAN BUDD: Okay. And that would be the petitioner's discretion if they chose to do that. Mr. Murray? COMMISSIONER MURRAY: Yeah. And I was going to ask actually, have you planned for facilities to accommodate more than 50, accommodations, et cetera? Page 7 löl2 C 2 September 1,2005 DR. ISLER: I believe that our plans had been done for 50 children, yes. CHAIRMAN BUDD: Okay. COMMISSIONER MURRAY: Okay. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: And I'd like to talk to Kelly. Thank you. Kelly, are you comfortable, or do you think we could add something? I'm not concerned about the 50 students, but I'm concerned about other functions. I mean, could we add something in there that would make sure that in the future it's clear that there may be other functions other than the 50 schooled there? MS. SMITH: Certainly. I don't think that Eden Florida is opposed to making sure that any additional uses are incorporated. COMMISSIONER SCHIFFER: Because I can see the gymnasium used, you know, for past graduates having different kinds of stuffthere that you wouldn't want them to be excluded. Okay. I'm done, thank you. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Kelly, the lady that was just here indicated there's two-to-one staff ratio? MS. SMITH: Yes. COMMISSIONER STRAIN: You've got 62 students? MS. SMITH: There will only be 50 students. The 12 individuals if -- the 12 individuals would either be already students or they would be living in the group home so that your actual student population would only be 50. COMMISSIONER STRAIN: Well, the way this reads, it says, and another for a group one category care facility to serve up to 12 clients on an as-needed basis, and that's after it talks about the 50 students. So now you're saying that it's not 62, because I think you earlier suggested 62 was the number __ MS. SMITH: It could be 62 people -- 62 clients on the campus, but only 50 of them would be students. COMMISSIONER STRAIN: Okay. How many people will be there as administrators and employees, full-time or part-time, to service the 62 people? I know two-to-one ratio for the students, so that's 25 right rrom the get-go. DR. ISLER: It will take me probably a minute. I have to think for a second. Ifwe had -- obviously there would be 25 teachers for those 50 students, so -- and then a supervisor for each 10 students, so that would add five, and then probably your support staff would add another 10, and your administrative staff would add -- it just went out -- would add approximately 10 to 15. COMMISSIONER STRAIN: That brings us up to about 123. The TIS that was done, I believe, for 50. I'm not sure how Mr. Scott may want to look at that or how staff would look at that, but the TIS should have been done to reflect accurately what the use of the site is going to be. And the count that the TIS is for, I believe, shows 50. And Kelly, if I'm wrong, please let me know. But on the first page of the TIS and the introduction, it says number of units, A, a private school with 50 students maximum. And it does the traffic analysis based just on that, and I'm just wondering how 123 equates back to 50. MS. SMITH: The land use code used in the TIS bases the trip generation off of the number of students and not the number of staff. COMMISSIONER STRAIN: Then when transportation comes up, I guess I'll see how this is going to impact their calculations. Again, it's not saying that it's bad, but I'd rather it be accurately stated so everybody knows what to expect. In your neighborhood informational meeting the -- and this is directly rrom our package that was Page 8 1612 C September 1, 2005 2 - sent to us -- the agent's representatives committed to installation of a fence around the entire site prior to any new construction of buildings. I'm assuming you're going to do that? MS. SMITH: Yes. DR. ISLER: Yes. COMMISSIONER STRAIN: The next one was, the applicant's team stated that the proposed day school would enroll a maximum of six students between the ages of 3 and 22. MS. SMITH: I believe that's a typo. We didn't -- we didn't discuss six students. We discussed 50 at the neighborhood information meeting. And actually, the neighbor who attended the meeting -- we also at the meeting only discussed six people in the group home, and it was the neighbor at the meeting who encouraged Eden Florida to seek 12 students in the group home. COMMISSIONER STRAIN: Okay. So while -- staff then needs to verify that that's an error in their staff report and get it on record as a corrected measure to what it needs to be. The other issue -- and I'm just reflecting back on it. I heard you say there's going to be an after-school program. Now, you have 123 already using the site either by employment or by students. How many bodies will be attending, could potentially attend the after-school programs? DR. ISLER: The after-school program is typically a small group of students. It's not as many as the school would have attending. COMMISSIONER STRAIN: Do you have a number that you would max that at? DR. ISLER: I don't have an exact number. I could probably give you a really -- I could say no more than what you would have there during the day. COMMISSIONER STRAIN: So another 62 students? DR. ISLER: Is wouldn't be in addition. It would be -- there would be no more children than you would have during a regular school day for the after-school programs. So all those children wouldn't stay and -- COMMISSIONER STRAIN: Okay. So at any time you're not going to exceed 62 -- or 50 students, let's say? DR. ISLER: I don't -- I don't predict that we will. COMMISSIONER STRAIN: Where I'm trying to go, ma'am, is to not have something come back and surprise the neighborhood they didn't expect based on the information provided at today's meeting, And one way to do that is to cap everything that you're rèquesting with a number that works for you -- DR. ISLER: Okay. COMMISSIONER STRAIN: -- but also tells the public exactly what to expect anywhere down the road. DR. ISLER: I mean, the only thing that I could foresee happening where we would have more people than on a typical day would be, say, we had a family picnic where all the children and siblings came, we had some sort of dance for families, probably a special event. COMMISSIONER STRAIN: Those aren't really considered-- DR. ISLER: So that would be the only time that I could foresee that we would have more teachers and students than we would normally have on a typical day. COMMISSIONER STRAIN: Okay. This is probably more of Kelly's issue. Kelly, the application, where it asks for the names -- who all the -- who, the list of the officers and stockholders in the corporation are, it simply says, Eden Institute Foundation, Inc., 100 percent. That doesn't provide this panel with any recognition of conflicts of interest. We need names and bodies. MS. SMITH: Yes. And I apologize for that not being completed correctly. I would be happy to provide that information. COMMISSIONER STRAIN: Now? Page 9 1612 C 2 September 1, 2005 MS. SMITH: We can provide it now. COMMISSIONER STRAIN: Well, it would be nice to have it on record so that if any of us are sitting here, we're not voting on something that could be a conflict. MS. SMITH: Okay. DR. ISLER: All of the individuals that are officers on our board, we have one regular board member that lives here in Naples, and the other officers are in New Jersey. COMMISSIONER STRAIN: Could you tell us -- DR. ISLER: They live in New Jersey. COMMISSIONER STRAIN: Could you tell us the name of the member in Naples. That would be most likely -- if anybody has a conflict that would be -- DR. ISLER: Yes. It is Julie Stanley. She is one of our parents of one of our students. COMMISSIONER STRAIN: And if you have a list of the rest, could you leave it with the court reporter for the record so someone has it? DR. ISLER: Yes. We'll just leave this with you. COMMISSIONER STRAIN: Thank you. COMMISSIONER SCHIFFER: Mark, let me ask a quick one. Is this a private non-profit or -- DR. ISLER: Yes, sir. COMMISSIONER SCHIFFER: Okay. COMMISSIONER STRAIN: Thank you, I have questions of staff, but that's -- I appreciate your time. CHAIRMAN BUDD: Any other questions for the petitioner? (No response.) CHAIRMAN BUDD: There are none at this time. Could we hear ITom the staff, please? MR, DeRUNTZ: Good morning, My name is Mike DeRuntz. I'm the principal planner with the Zoning and Land Development Review Department. We did hold a neighborhood information meeting on June 27th, and at that meeting, the adjoining property owner was present and was supportive of this petition, as was mentioned earlier, that he was interested in having a fence installed along his property line in conjunction with what was approved with the previous petition, and they have incorporated that into their site plan, I also have a copy of a letter ITom this joint property owner stating his approval. And I apologize, that came in later after the packets did go out. As was mentioned by Mr. Strain, there was -- there's a question about the staff report and the number of students during the day period and it -- the six is incorrect. It is 50 students. The application has been reviewed and is found to be consistent with the growth management plan. And with the uses surrounding the property, it was found to be compatible with those uses in the land development code. If you have any questions, I'll be more than happy to try to address those. CHAIRMAN BUDD: Questions for staff? COMMISSIONER SCHIFFER: I have two. CHAIRMAN BUDD: Ms. Caron? COMMISSIONER CARON: Yeab, I want to get into this -- into the transportation issue, the trip generation. Why are we using only 50 when there will obviously be more people on that property on a regular basis, than the 50? MR. DeRUNTZ: I'll let Mr. Scott answer that. MR. SCOTT: Don Scott, transportation planning. Page 10 1612 C September 1, 2005 ? {F.-o In the code it goes by the number of students. That assumes staff and support. Now, would it assume a two-to-one ratio? I don't know. I don't have the code in front of me that describes exactly what schools they're comparing it to. But that assumes -- it's just like any other thing, if you do by number of employees for a business, it also assumes support staff and other things with that. It's not strictly just the number of students that are at the school. It's also support. COMMISSIONER CARON: It supposedly is built in? MR. SCOTT: Yes. Now, is it built into the level of two- to-one, I don't know without looking at the code, the specific descriptions in the code. COMMISSIONER ABERNATHY: Unlikely. MR. SCOTT: Yeah, unlikely is true, exactly. It probably doesn't. There's probably not that many studies when you get right down to it for something that's specific to this that's compared to. COMMISSIONER STRAIN: Did you review this before you approved it? MR. SCOTT: Yes, we did. COMMISSIONER STRAIN: That question didn't come to mind? MR. SCOTT: Not at the time, no. COMMISSIONER STRAIN: So the ITE trip generation rate used for private schools and middle schools then wasn't questioned in regards to the recommendation of approval? MR. SCOTT: No. And obviously, if you're real close to -- we're widening County Barn, we're widening all the roads down there, so we don't have as much of a -- if you're talking about 10 trips down there, it's not as big an issue. COMMISSIONER STRAIN: Well, and I would agree with that. But my concern, Don, is kind of like we're discovering now is that some of the things we approved in the past have greater impacts than we thought they did at the time, and -- MR. SCOTT: As we've discussed. COMMISSIONER STRAIN: -- while they wouldn't have hurt us now, down the road we've said, oh, we didn't account for that many trips in the road from that generated spot. And I know you're going through that right now with some projects in the county. MR. SCOTT: That's correct. COMMISSIONER STRAIN: It would be better if the TISs were accurately reflecting what's really happening. MR. SCOTT: Well, on the other side of that, too, during site planning, some of these things might be -- fmd some in the site plan -- the TIS with that will be a little different than the one you're even looking at today. COMMISSIONER STRAIN: And I know we've discussed the site plan -- MR. SCOTT: Yes. COMMISSIONER STRAIN: -- scenario before, and a public meeting doesn't open up to people the site plan. MR. SCOTT: Exactly. COMMISSIONER STRAIN: So for the public, I'd like them to know what to expect. MR. SCOTT: Yep. COMMISSIONER CARON: I just have one more question. County Barn Road is in the process of being widened? MR. SCOTT: That's correct. COMMISSIONER CARON: But it's not a failing road according-- MR. SCOTT: No, it's not. COMMISSIONER CARON: -- to this? Page 11 1612 C 2 September 1,2005 MR. SCOTT: We -- it's -- COMMISSIONER CARON: I just have a philosophical question. Why are we widening roads that aren't failed when we have failed roads that aren't being widened? MR. SCOTT: It's a level of service D right now. Its standard is D, but the road surface itself is falling apart. COMMISSIONER CARON: Yeah, I know. I drive it. MR. SCOTT: To go in there and rebuild -- they did like a $30,000 overlay on it, which was just essentially a Band-Aid job. To go in there and rebuild the whole road when we know it needs to be widened, two to three years, or two years ITom now, doesn't make any sense, that's why we're rebuilding it. And obviously, there's some more growth going on down there. We've heard there's two public schools going in and some other -- CHAIRMAN BUDD: Other questions for staff? COMMISSIONER STRAIN: I have one of Mike. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Mike, the utilities provisions provided with the package shows 100 maximum population to be served. We now know it's going to be in excess of 120. Is that going to have any substantial impact on the project in your mind? MR. DeRUNTZ: No, sir, (Mr. Midney is present.) COMMISSIONER STRAIN: That's all I have. MR. DeRUNTZ: Thank you. CHAIRMAN BUDD: Any other questions? (No response.) CHAIRMAN BUDD: Do we have registered public speakers? MR. BELLOWS: No registered speakers on this item. CHAIRMAN BUDD: Any concluding questions of the staff or petitioner? (No response.) CHAIRMAN BUDD: There being none, I'll close the public hearing. Do we have a motion? COMMISSIONER MURRAY: I would make that motion. COMMISSIONER ADELSTEIN: I move that AR-6700 be forwarded to the Board of County Commissioners with a recommendation of approval subject to the -- subject to staff recommendations and the recommendations of this board. CHAIRMAN BUDD: I have a motion by Mr, Adelstein, a second by Mr. Murray. Discussion? Mr. Murray? COMMISSIONER MURRAY: I just wanted to make sure, will the motion maker include as the conditions one, two, and three, include items four and five, installation of a fence, to make certain that's included, and also sidewalks or payment in lieu of, which are also included in the packet? COMMISSIONER ADELSTEIN: Yes, but that's in staff recommendations, either way. CHAIRMAN BUDD: Okay. So with that clarification we'll call the question. All those in favor of the motion, signify by saying aye, COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER LINDY: Aye. Page 12 10 J¿ t; 2 September 1, 2005 CHAIRMAN BUDD: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. Thank you. We'll move on to our next item. COMMISSIONER MURRAY: We have to fill out the conditional use packet. CHAIRMAN BUDD: Quick reminder. There are findings of fact that each of the Planning Commissioners must complete and pass down to Mr. Adelstein. Okay. We're moving on to our next agenda item. That is petition PUDZ-2004-AR-6207, Mac Builders, requesting a rezone from C-I and C-2 zoning district to the PUD zoning district. All those wishing to present testimony on this item, please stand, raise your right hand to be sworn m. (The speakers were duly sworn.) CHAIRMAN BUDD: Thank you. Any disclosures by Planning Commissioners? COMMISSIONER SCHIFFER: I do. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: I received a fax from Cathy and Tim Gonnan and a fax from John Smith. Essentially both were against the project. CHAIRMAN BUDD: Mr. Murray? COMMISSIONER MURRAY: Same for myself. CHAIRMAN BUDD: Thank you. COMMISSIONER ADELSTEIN: Same. CHAIRMAN BUDD: Okay. Same by Mr. Adelstein. I received the same correspondence myself. Mr. Strain? COMMISSIONER STRAIN: I did, plus I had a conversation with another neighbor, Mr. Hampton. CHAIRMAN BUDD: Okay. Mr. Abernathy. COMMISSIONER ABERNATHY: Same as those who have spoken before. CHAIRMAN BUDD: Okay. COMMISSIONER VIGLIOTTI: Same. CHAIRMAN BUDD: Same for Mr. Vigliotti. COMMISSIONER CARON: Same. CHAIRMAN BUDD: And same for Ms. Caron. COMMISSIONER SCHIFFER: Mr. Chainnan, since everybody's actually taking my same, they're actually e-mails. They weren't faxes. CHAIRMAN BUDD: Well, I don't know where they came from, but I know they appeared on my desk. Okay. So we have our disclosures. Ifwe could hear from the petitioner, please. MR. HANCOCK: Good morning, Mr. Chairman, members ofthe planning commission. rm Tim Hancock, agent for the applicant, Mac Builders, and that's M-A-C Builders, who are the owners of the subject property covered by petition PUDZ-2004-AR-6207, the Mac PUD. Also present today is a representative of Mac Builders, Mr. Carlos Veloz, who was sworn in, and Page 13 1612 C 2 September 1,2005 planning coordinator Kelly Smith with Davidson Engineering. The subject property, as you can see on the -- are your screens back up on your desk yet? CHAIRMAN BUDD: Yes. MR. HANCOCK: Okay. The subject property's approximately 10.76 acres in size located at the Northwest comer of Radio Lane and Palm Springs Boulevard. Its current zoning is a combination C-l and C-2, which was established in 1993 under the county's zoning reevaluation ordinance. The property was down-zoned at that time to comply with the ordinance and retained its commercial zoning based on its location fronting a county collector road, which was Radio Road at the time, and its proximity to established and built C-4 property, which was Woodside Lanes, a bowling alley with lounge, located immediately to the west, and the Circle K located directly across the street. I'm fairly familiar with the down-zoning since I filed the application under the ZRO ordinance in 1993. Since that time, Radio Road has been altered and the property now sits on a local road that dead-ends to the east and does not enjoy the visibility that it did when it fronted Radio Road. As I've mentioned, Woodside Lanes is immediately west of the subject property and has a lounge located on the east side of its operation closest to our property boundary. There's an outdoor smoking area there, again, right next to our property line. To the south is Radio Lane and a C-4 zoned parcel with a Circle K convenience store that, as youlll hear from the neighbors, is a very well-traveled location used through cut-through -- used by folks for cut-through traffic. To the east is the Triad PUD, which this body heard and forwarded to the county commission with a recommendation of approval in February of this year. You may experience small moments of deja vu today because the development standards that you're going to be hearing today in this project are nearly identical to those of the Triad PUD. The BCC subsequently approved the Triad PUD for multi-family development at eight units per acre. To the north of our project is developed single-family and multi-family units. The property is zoned RMF -12 with a density cap of seven, which again occurred during the zoning reevaluation period in 1993; however, immediately next to us it has been developed as single-family homes. As you go one street back, you'll begin to get a mix of single-family and multi-family or duplex, and then single-family beyond. The request before you today is to rezone the subject property from commercial to residential PUD for the purpose of developing 86 multi-family units at a density of eight units per acre. The county's future land use map designates the property as urban residential, which permits a base density of up to four units per acre. This property also lies within a density band of the activity center, which I believe is activity center number nine, permitting an additional three units per acre, and the compo plan further permits the conversion of commercial zoning for a density bonus of up to 16 units an acre; therefore, this property has the ability to request a maximum density of 16 units per acre. The original application that was filed for this property sought a density of 8,8 units per acre for a total unit count of 95 units. We have reduced that to eight units per acre and 86 units, identical to that of the Triad PUD. After reviewing the actions relative to the Triad PUD and meeting with the residents of the adjacent neighborhood on two separate occasions, one was the required neighborhood information meeting, a second was a follow-up meeting we requested with the residents, we did modify the application to reduce the density. The original requested density, and even that reduced, have not been arrived at lightly. You may remember Triad came in at, I think, 13 units an acre and reduced to eight. We submitted this zoning application before we were aware that Triad was in the mix. First thing Page 14 1612 C 2 September 1, 2005 ~ we heard about Triad was a public infonnation notice my client received to go to their neighborhood infonnation meeting, which we attended. This project was really kind of built from the ground up. Extensive market studies have been perfonned to detennine what is the most marketable use for the property, and what kept coming back was townhome style development, two-, three- and four-bedroom units. So we've really kind of created the unit based on the market demand, and then created the site plan. As you can see, the site plan we're submitting has more detail than probably most PUD master plans that you see with regard to the style of unit, location of buildings, and so forth. So in arriving at originally our 8.8 units per acre, we really designed the project from the unit up as opposed to just trying to throw a density out there that we thought might work. That being said, what we're talking about here is strictly market rental units for sale. And as stated to the residents of Palm Springs, we're willing to place a deed restriction on the property to prohibit the development of a rental community in this location. The project, as proposed, will have a single point of access onto Palm Springs Boulevard, and we have, again, agreed, to align -- I'm sure transportation would require this in any event -- we have agree to align with the entrance to the Triad PUD. Going back to that discussion, you may recall that there was an effort to move that entrance down to Radio Lane. It turns out that is not going to work because of spacing criteria problems. And it appears right now that the entrance to the Triad PUD is going to be approximately 350 feet north of Radio Lane. That exact location had not been detennined by the time we submitted our application. But the entrance you see up here will actually be moved south to line up with the Triad PUD entrance, which is what I'm sure transportation will be requiring. That's also what the residents asked for, that we line up with that entrance, and we're happy to do so. If we should, however, come in and receive an SDP approval prior to Triad, we will locate that entrance as close to Radio Lane as possible with the approval of the transportation department. Recognizing that while the property to the north is zoned for multi-family use, the lots have been developed with single-family. In order to establish a higher degree of compatibility with those properties than would exist under the current zoning today, we've employed the following techniques and included them in the PUD: Number one, our maximum building height is 35 feet, or two stories. This will ensure that our building heights are comparable with the permitted height of the existing homes and the zoning thereon. The entirety of our native vegetation preserve is located along the rear property line between us and those single-family homes, providing a natural vegetation buffer of more than 90 feet in width. When you combine the buffer with the setbacks, there will be a minimum of 140 feet between principal structures with a 90-foot wide mature stand of pine trees and saw palmetto in between. The Land Development Code will also require that a wall or woodcrete style fence be erected along this property line, and we've left it to the residents as to whether they'd prefer a wall or a vegetative screen. We'd be happy to request a deviation and modify the PUD if they prefer additional vegetation along the preserve as to a wall. But as it stands right now, the code requires a six-foot privacy wall, and that's what we'd be required to do. But in either event, an additional visual screen will be installed to meet those code requirements. The balance of the property will employ vegetative screens to comply with the land development code requirements of landscape buffering. I've reviewed fully your planning staff report and recommendation of approval, and with it entered into the record, I don't feel it's necessary to restate the points made therein, but there are a few areas I wish to expand on in order to make a complete record for today's decision. Page 15 16 J2 . , ~ 2 September 1, 2005 Staffs position, as well as ours, is that the proposed multi-family zoning will be more compatible with the surrounding land uses and also more compatible with the transportation infrastructure in the area than would development of the property under its current zoning. The basis for this is that in 1993 when the lands were down-zoned -- COMMISSIONER ABERNATHY: How about slowing down a little bit, Tim. MR. HANCOCK: Yes, sir. I'm sorry. The basis -- the basis for this is in 1993 when the lands were down-zoned, including the land that is now developed single-family -- that was also affected by the zoning reevaluation ordinance -- commercial zoning represented a transitional zoning category under the conditions at that time where Radio Road was a higher traveled collector road as opposed to a lower level dead-end road, the way it is now. The two key components that really went into that down-zoning have been altered, and the one we've mentioned is Radio Road. Its status has changed; its trip levels have changed. I think if you're looking to site commercial zoning today, this would not be a location that you would say would be a home run for commercial development. The second thing that has changed is, of course, the single-family development to the rear. So we have a different condition today than we did in 1993 when C-l and C-2 zoning were designated on the property. If you were to kind of go through that process today, you probably would shy away from C-2 zoning which pennits uses such as appliance repair, food stores, hardware stores and so forth. It also pennits medical office. And you'd probably shy -- go to something closer to either a lower intensity commercial or a higher intensity residential. If this parcel were to be developed under its current zoning, you could achieve a yield in excess of 100,000 square feet of general and medical office on the property. C-l does not pennit medical office, but C-2 does. And based on the amount of C-2 on the site, of the 100,000 square feet, just about 30,000 square feet of it could be medical office, which has a higher trip generation. The result of that is, if it were to develop under its current zoning, which would require only a site development plan approval at the staff level, the level of traffic on the local roads would be a 300 percent increase over what's being proposed today. Now, I'm not telling you that Mac Builders is altruistic in their intentions. Obviously a multi-family project here makes the most sense from a financial standpoint. But from a planning standpoint, it results in a reduction over the current zoning of two-thirds ofthe number of trips on a daily basis. If traffic is truly the concern, there's no question that residential development at eight units an acre represents far less impact than the existing commercial zoning. And when you look at how your county staff looks at existing zoning and rolls it into their projections for capacity, basically this property has already -- is already in the traffic model assuming it's commercially developed. So this would represent the ability to pull trips out of that model. Would it have a material impact on the roads around or cause you not to have to expand a road? Certainly not. But we're talking about a difference between 860 trips a day and 573. By virtue of the BCC approval of the Triad PUD, a determination of compatibility was arrived at through the application of development standards contained in the PUD and the reduction in density to eight units per acre. The Mac PUD is a nearly identical application to the Triad. If it appears the two columns in the table are identical, it's because they are. There are minor differences between the two projects such as the size and configuration of the preserve area, although the locations are the same. Also the Triad PUD requires that the project has a 24-hour controlled access gate, while the Mac Page 16 1612 C ~ September 1,2005 PUD does not contain that requirement. The second item I want to point out on the table is that we have also, in discussions with the residents, agreed that the average unit size within our project would be 2,000 square feet, which is a mirror of the Triad PUD. That language was not contained in the PUD that's before you, but we'd be more than happy to agree to it as a stipulation of any conditions of approval here today. Over the past month or so, development services received 34 form letters and one e-mail objecting to the project. Those letters represent 30 adjacent homes that object to the project primarily on a perceived increase in traffic that would result ITom the rezone. And right now there's nothing there. So anything that's built there for the folks who live in that neighborhood is perceived as an increase in traffic. From a land use perspective, we have to consider what the existing zoning is and what traffic would be yielded ITom that, should it be developed. And I'll tell you that the C-l and C-2 zoning there is not a paper tiger. There is a market out there, particularly with the HMA property, the hospital going in on 951. My client believes there is an office market out there. Is it as strong as the residential market? No. So when I talk about commercially developing the site, it is a possibility. I won't say that it's our -- obviously our preferred alternative, but it's certainly not so far out of reach that it shouldn't be considered. The second item mentioned in the form letters is the increase in density due to plans for some of the units being constructed as four-bedroom units. This resulted ITom a meeting we had with half dozen residents following our neighborhood information meeting where we brought in elevations and floor plans and all the material that had been developed. And the objections we received primarily were, one, aesthetic. A couple of residents didn't like the elevations. The second objection received is, they really didn't want to see four-bedroom units. Zoning doesn't limit bedrooms. It deals with units and bases them on an average. But the reality is, there's a lot of families out there, and those families need housing. Everyone can't have a two-bedroom, 2,500 square foot condo. But the three-bedroom or four-bedroom, 2,500 square foot condo is definitely something there's a market for. Our studies have shown that. But in recognition of the concerns that the residents expressed about both floor plans, number of bedrooms and elevations, we're withdrawing those plans ITom consideration. We're standing here before you like every other person in zoning, saying, we're asking for eight units an acre, multi-family townhomes, and we don't want the issue to degenerate to aesthetics over the architecture of the building. We will construct townhomes with attached garages. That's the same element of detail you had on Triad. It's the same element of detail we're offering here today. I would hope that withdrawing that elevation, meaning we're not going to build what we showed the residents, we'll at least put some comfort to those folks that were unhappy about that elevation. After our meeting with those representatives, we asked them to review our plans and get back to us with any requested changes. To date we have not received any such communication, until Mr. Bosi forwarded letters of objection to us that he had received. Our door does remain open to discuss any relevant zoning issues should the residents wish to do so. I'd like to reiterate the changes that have been made should it be the desire of this commission to mirror the elements of the Triad PUD that the residents supported. The density, again, has been reduced to eight units per acre for 86 units, identical to Triad. The average unit size will be 2,000 square feet, gross floor area, identical to Triad. The building heights, setbacks, and allowable stories already mirror that of the Triad PUD. The developer will install a six-foot privacy wall or equivalent landscape enhancement, whichever the residents choose, along our northern border, abutting the single-family. Again, identical to Triad. In summary, the staff report contains supporting documentation of the project's compliance with all Page 1 7 16 12 C 2 September 1,2005 ofthe decision-making criteria contained in LDC section 10.03,05. The proposed project serves to reduce traffic impacts to the neighborhood over the existing zoning, and the proposed development standards are compatible and complementary to the single-family to the north and identical to those of the Triad PUD. The project meets or exceeds all LDC requirements for development of this nature, with one exception being a deviation requested that normally requires sidewalks on both sides of the street. It's a very small internal loop road. We're asking for a deviation to have a sidewalk only on one side of that street. If it's the desire of this body to require it on both sides, we don't have a strong objection to that. Finally, it's our contention that your staff agrees that the proposed project represents a more appropriate transitional land use than the current zoning as it relates to the neighborhood behind the project, and we agree with that point. I ask for your favorable consideration of the findings placed before you today. I'd be happy to address any questions you may have at this time. COMMISSIONER MURRAY: Mr. Chairman? CHAIRMAN BUDD: Thank you. Questions, Mr. Murray? COMMISSIONER MURRAY: Mr. Hancock, on the average, the rendering that you show, they're all boxes and they all appear to be the same size structure, that's your representation. Would you please tell me what your averages are based upon, with the low number and the high number? MR. HANCOCK: My recollection is we're around 1,600 square feet on the low end. Seventeen- fifty square feet on the low end, and the high end we were approaching 2,400 square feet. I'm sorry, 2,200? Twenty-two hundred, however, more than half the units were slated to be -- were expected to be a three- or four-bedroom unit, so that's why the average of2,000 square foot-- COMMISSIONER MURRAY: I appreciate -- MR. HANCOCK: -- was not problematic. COMMISSIONER MURRAY: But are they intended to be for single families? MR. HANCOCK: Yes. COMMISSIONER MURRAY: And are there going to be restrictions that require that only single families remain as residents and not multiple families? I know that sounds a little odd, a little strange, perhaps. But in other words, in the documents that will be there, they're not going to have group families; is that right? MR. HANCOCK: This is not a group housing project. And if we need to place into the deed restrictions that -- COMMISSIONER MURRAY: I'm not sure that you do. I just want to get it on the record-- MR. HANCOCK: I'm not sure we can legally but -- COMMISSIONER MURRAY: -- it's not your intention to sell a product or build a product that is intended to house families and it will accommodate four bedrooms. About how many four-bedroom units do you expect to build? MR. HANCOCK: It's about 30 percent. COMMISSIONER MURRAY: Thirty percent? MR. HANCOCK: Yes. COMMISSIONER MURRAY: I thank you. CHAIRMAN BUDD: Anything else, Mr. Murray? COMMISSIONER MURRAY: No, sir. CHAIRMAN BUDD: Mr. Schiffer? Page 18 1612 C 2 September 1, 2005 COMMISSIONER SCHIFFER: Yes. On the site plan, the units on the south property line and the east property line, they're backed right up to the buffer meaning that the back door of the unit's going to open up into the landscape buffer. Would you have a problem if you pulled those back? I mean, I don't think the intent of our buffers is to have people's barbecues and stuff like that in it, so -- MR. HANCOCK: Well, there isn't much room behind the back door and the buffer. COMMISSIONER SCHIFFER: There's zero room right now. MR. HANCOCK: Well, the actual setback, I believe -- and let me look at an enlarged-- COMMISSIONER SCHIFFER: The setback's 20 feet, the buffer's 20 feet, and your project's at 20 feet. And the problem with that is, that's the public side of the project, too, so essentially what these people would have is the back doors of all those units right up into a landscape buffer. And, again, four bedrooms, there's children, and that's their back yard, and that kind of doesn't respect the concept of the buffer. So would you have a problem pulling those at least 20 feet away from the buffer? MR. HANCOCK: Honestly I don't know that we can achieve 20 feet for two reasons, and your point is well taken. And it may be more of a visual site planning issue here, because I don't think it was ever our intent to have the back of the unit directly on physical landscaping. While the buffer's 20 feet in width, the plantings don't consume 100 percent of that 20 feet regardless. I think we can certainly agree that a minimum of 10 feet between the buffer and the back of the unit is achievable. One of the problems we had is originally we wanted to shrink this project away from Radio Lane and away from Palm Springs Boulevard, but then the need to buffer to the single-family to the north and placing that vegetative preserve area all along that boundary, really squeezed the site down a little bit more than we would have liked. But I think we can pull those off a minimum of 10 feet off the landscape buffer. And as you understand, Mr. Schiffer, the buffer may be 20 feet in width, but the landscaping itself occupies approximately the center 10 feet or so. COMMISSIONER SCHIFFER: Right. But I mean, the reason we want buffers is to buffer the project. I mean, and if the buffer has, like I said, barbecues or playground equipment in it or something, that's not working. I mean, I still think 20 feet. I think maybe even more because these are the sides that the neighbors are going to see. I mean, everybody's going to be exposed to these two sides. Even though there's a beautiful buffer at the top, not that -- not everybody's going to see that. Let's just talk about that one at the top. What is the width of that buffer there? You've given it an acreage. You kind of do the math, it comes out to something less than what you're showing. MR. HANCOCK: No, sir. The width ofthat buffer is 93 feet. COMMISSIONER SCHIFFER: And can you put that into the -- I mean, it's not on the drawing that I see. MR. HANCOCK: Well, no, we didn't call out that detail. We certainly can add that as we go to the county commission, if that's your desire, sir. But it is 93 feet. COMMISSIONER SCHIFFER: And that came from the acreage you needed, correct? MR. HANCOCK: Yes, sir. COMMISSIONER SCHIFFER: Okay. Because if you really divide 600 into -- well, okay, 93 would be -- okay, that's it. CHAIRMAN BUDD: Mr. Midney? COMMISSIONER MIDNEY: How affordable will these sites be for middle-class families? MR. HANCOCK: Well, it's not an affordable housing project. And you raise an interesting point for us. When we started the project, the original target price was to come in around $270,000 at the low end. That was well over a year ago. Page 19 1612 C t2 September 1, 2005 I would expect them to be in the 300,000 range; however, the neighbors want them to be 4- or 5- or 600,000; the higher the better. So we -- we're stuck in a bit of a quandary in discussing this with the neighbors. So, you know, initial price point is not a basis for a zoning decision, but based on our looking forward, the starting price is going to be in the 300's, The developer's indicating that's about where it will fall, which as you look at the median home prices in Collier County, is below median, but by no means are we talking affordable housing here. We're talking market rate units. CHAIRMAN BUDD: Anything else, Mr. Midney? COMMISSIONER MIDNEY: (Shakes head.) CHAIRMAN BUDD: Mr. Adelstein? COMMISSIONER ADELSTEIN: The first point was your statement that there would not be a -- they would not be rental units. I don't think you can afford to make that statement, because if I bought one of the units, I would certainly have a right to rent it out. MR. HANCOCK: Yes, sir. My statement was that this will not be a rental community. You're absolutely correct, and that becomes one of the problems is that a particular owner has a right to rent. Now, there can be deed restrictions which this body and the commission do not enforce, but the deed r~~trictions can limit the number of rentals per year. And it's fairly typical that a minimum rental period of 30 or 60 days is standard in deed restrictions to keep properties, particularly those closer to the beach, fÌ"om turning over every week or two weeks. But can somebody buy a unit and rent it out? Absolutely. But my statement is, this will not be a rental community, an apartment community. COMMISSIONER ADELSTEIN: How many four-bedroom units does Triad have? MR. HANCOCK: I don't believe that they made any commitments or, at least in the neighborhood information meeting I attended, no floor plans, so I have no way of knowing how -- what their bedroom division is or will be, no, sir. And it's not in their PUD either. COMMISSIONER ADELSTEIN: No, I couldn't find it either. So you have no idea whether these four-bedrooms units would actually do the job you think they would do without becoming a rental and bothering, of course, their neighbors? MR. HANCOCK: All we have are market studies to indicate there is a need in this community for three- and four-bedroom units for purchase by families, and that's what we're basing our proceeding forward on are those up-to-date market studies. CHAIRMAN BUDD: Okay. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Tim, you had said that the entrance for your project is going to be directly across fÌ"om Triad? MR. HANCOCK: Yes, sir, COMMISSIONER VIGLIOTTI: Then at the end of the sentence, you had said there's a possibility it may not. Could you explain? MR. HANCOCK: I may have -- I may have explained myself into trouble there. What I was trying to say is that should the Triad PUD be delayed and its entrance not determined by the time we go through the SDP process, that that decision would fall to your county transportation department as to where the entrance would fall. I know Triad has to go through an environmental resource permit because they have wetlands on the site. We don't have to do that, so we may find ourselves tracking consistent with or slightly ahead of them as it pertains to locating our entrance. That being said, to date -- and Mr. Scott can confinn this today if he agrees with it -- it appears that the magic distance is 350 feet fÌ"om the intersection of Radio Lane back on Palm Springs Boulevard. And Page 20 1612 C September 1, 2005 2 ...... 111 that's where Triad is, to the best of my knowledge, being told they're going to line up, and that's where we're going to advise our plan to line us also. COMMISSIONER VIGLIOTTI: All right. I'll discuss this with staff MR. HANCOCK: OKAY. Thank you. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Most of my questions will be of staff in order to try to shorten this discussion. But, Tim, I have three for you. In the neighborhood meeting, you indicated that you offered to work with Mr. Hampton and opposing property owners throughout the course of this process. In regards to working with them, how did you go about doing that? MR. HANCOCK: I followed up the neighborhood information meeting, contacted Mr. Hampton by phone. We requested a meeting with he and the community representatives. Wernet at Mr. Hampton's house. He and his wife were gracious enough to host us. There were six folks there that indicated they represented the community. We met with them, we shared with them the elevations, the floor plans, all the detail we had to that date. We discussed with them some of the Triad PUD constraints as to whether or not they wanted to see those rolled into our document or not. And we had a very frank and candid discussion. That meeting ended with our asking them to, you know, come back to us. We hand -- you know, they have the POO, come back to us with any changes that you feel are appropriate or would like to make. And that's the last conversation we had with those folks. I have spoke to Mr. Hampton since then just to call him and let him know that the planning commission hearing for last month would be continued because of a signing problem on our park COMMISSIONER STRAIN: Do you believe he and those neighbors at that meeting are in favor of what you're presenting today? MR. HANCOCK: No, sir. COMMISSIONER STRAIN: Okay. MR. HANCOCK: I don't know about Mr. Hampton. I don't know them individually. But no, and based on the letters I received, they seem to want it to remain commercial. COMMISSIONER STRAIN: That's where I was going. Do you realize that -- I mean, I know you realize -- you took the elevation apparently that you must have showed them at that meeting off the table; is that what you said earlier? MR. HANCOCK: Yes, sir. COMMISSIONER STRAIN: Okay. Because it was objectionable; is that a fair statement? MR. HANCOCK: Yes, sir. COMMISSIONER STRAIN: Okay. Yet you're offering nothing to put on the record, which means it could be far worse than what you showed them off the record? MR. HANCOCK: It could be. It could be far better. The point is, Mr. Strain, architectural elevations are not a zoning decision. So we made our best effort to bring forward something that we thought they would find at least agreeable. They didn't. So we've agreed not to go that route. But to stand here today and nail an elevation to this project is not a zoning-related matter, and we're just not ready to do that at this time. COMMISSIONER STRAIN: Do you understand the zoning you're asking for today is discretionary? MR. HANCOCK: Yes, sir, I do. I also understand that 10.03.05 lists a criteria by which you must make your decision. And we certainly stand behind the staff report in agreeing with each ofthose criteria. COMMISSIONER STRAIN: I'll be discussing that with staff in a minute. Page 21 1612 C 2 --- September 1,2005 But no elevation here today. That certainly can have a -- can weigh on our decisions here today since you're offering none. The other thing that is different between the Triad PUD and the Mac PUD, when Triad was here, they did go to lengths to work closely with the neighborhood. I know you've had meetings. They worked out their differences with the neighborhood. From some ofthe e-mails I've seen -- I think we've disclosed them today -- the attitude of the owner of your particular piece of property is not quite as consistent with working with the neighborhood as we saw with the Triad PUD, and I think that may be a discrepancy that is something you -- isn't going to compare equally to the Triad PUD. I've got a list of issues that some of the neighbors have brought up, and I will bring those up as we go through the staffs meeting, and I'll want your opinion on them as we go through it, but I'll ask you at those times that we bring it up. MR. HANCOCK: Mr. Strain, may I ask, at the Triad hearing, was an elevation a part of that hearing? COMMISSIONER STRAIN: I don't recall. MR. HANCOCK: I read the record; I don't believe it was. So I don't know that this project being treated any differently than Triad would necessarily be appropriate, and that's certainly your discretion, sir. But I don't believe it was a part of their hearing, nor was it at the county commission. COMMISSIONER STRAIN: But this is a discretionary zoning hearing. MR. HANCOCK: Yes, it is. COMMISSIONER STRAIN: Thank you. CHAIRMAN BUDD: Any other questions of the petitioner? COMMISSIONER SCHIFFER: I have one -- CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: -- that I forgot. Tim, when you described the height, you said it was 35 feet or two stories, yet the development standards say 35 feet and two stories, Would you mind changing that to or just so that -- because the way it's written, you essentially could add two stories on top of35 feet. MR. HANCOCK: Certainly not our intent. So cap at two stories, cap at 35 feet both apply. COMMISSIONER SCHIFFER: Okay. CHAIRMAN BUDD: Any other questions ofthe petitioner? COMMISSIONER MURRAY: Just one. CHAIRMAN BUDD: Mr. Murray? COMMISSIONER MURRAY: When I went into the Internet to look up pines Florida, I found out, after a rather long period of time, Pembroke Pines, is it common to use Pines as a locality over there by the east coast as opposed to Pembroke Pines? MR. HANCOCK: I honestly don't know. If you're referring to the address ofthe applicant? COMMISSIONER MURRAY: Yes, lam. MR. HANCOCK: Mr. Rose -- Hollywood and Pines apparently are two -- COMMISSIONER MURRAY: They're interchangeable? MR. HANCOCK: Apparently, yes, sir. COMMISSIONER MURRAY: That gave me a little bit of a struggle to get that one. Okay. Thank you. CHAIRMAN BUDD: Okay. No further questions at this time. Can we hear from staff, please. MR. BOSI: Good morning, Chairman Budd, planning commission membership. Mike Bosi from Page 22 1612 C ¿ - September 1, 2005 Zoning and Land Development Review. A couple things I would want to point out before we get into the staffs presentation. One, indeed, elevations were not part of the Triad discussion. We seem to be making a lot of reference to the past zoning action that happened in February. Clarification also, the wall is not required by the land development code when you have residential units or residential development next to residential development. I would hope that the -- with the applicant offering the ability to build a wall, if it's the desire of the neighbors, I would -- I would hope that the neighbors maybe clarify that position as to whether or not, because if it's not written, the wall requirement isn't written into the PUD at the site development stage, it will not be required, so I think: that's a matter of issue that we'd like to see clarified as well. Also within the original staff report, this was originally scheduled for the August 4th meeting because of sign posting deficiencies. It wasn't able to go. Within that staff report, I had indicated that the transportation department was supporting the request for deviation. That was incorrect. Transportation's position is with sidewalks only on one side of the street, the residents who live on the other side of the street are somewhat neglected, and it's not an equal opportunity for pedestrian access and, therefore, they are not supporting the sidewalk deviation Tim had mentioned. Also, this is a multi-family PUD request rezone. Group housing is not a permitted use; therefore, Commissioner Murray, that could not be developed within here based upon what's allowed for by the PUD document. COMMISSIONER MURRAY: I understood that. I just wanted to make sure because of the question of four cars possible that it be understood it was never intended to be multi-family. MR. BOSI: Further on the clarification for the building height, where it says two stories or 35 feet, I think you're right, we need to clarify, 35 feet height, maximum height, with a cap of two stories is, I think, where the planning commission would like to see the modification in. And I would definitely, at the conclusion of the meeting, no matter what the result, make sure we modify in that regard. It has been reviewed by all the county staff in tenns of its compliance with the growth management plan, the applicable policies and also ITom the zoning perspective in tenns of its compatibility, and Tim went into the history of the site. It is surrounded on two sides by commercial. Residential zoning with a cap of seven to the north and a cap of eight. It's within an inter -- it's within a mile of an interchange activity center. Now, an interchange activity center is detennined by the growth management plan. It's the most intensive transportation juncture that you have within the county's overall land development scheme. This area, based upon the modification of Radio Road, as Tim has mentioned, it's no longer an attractive area for commercial. And staff sees the consistency of this action and the consistency is going to provide to the overall zoning environmental as one of favorable. You have your commercial to the west and to the south of the project. This is at eight units per acre, you have seven units per acre cap to the north, and then beyond that you have six units per acre, and then you go down to a single-family zoning district. We believe that this eight units per acre is consistent with what the zoning pattern within this area establishes, and I think we pointed that out in.the staff report. And just as a sidenote, I've heard a lot of references so far of the development standards within Triad compared to the Mac PUD, and the one thing is that when you have a development, when you have a PUD rezone, a residential PUD rezone, it's -- the development standards are the things that are in place to protect the neighborhood. The one thing I will say, and it has been kind of lost in a lot of the criticisms of this petition is, for Page 23 1612 C 2 ""- September 1, -2005 example, a ITont yard. A ITont yard in Triad PUD only calls for 20 feet. The ITont yard within the Mac PUD calls for 25 feet. The rear yard is 15 feet within Triad. In Mac, it's 20 feet. So I think the development standards are comparable. The density is comparable. The type of development is comparable. I think Commissioner Strain has hit upon maybe some of the greatest sources of contention with the neighbors, is they maybe have not gotten off to the right -- or the proper dialogue hasn't been exchanged between the neighbors and the -- and the individual -- the developer. But ITom a zoning standpoint, ITom what staffs looking at, ITom a professional planning standpoint, we believe and we fully support this action as being a consistent and a beneficial zoning transportation action within the -- within the overall area. And with that, I would open myself up to questions. CHAIRMAN BUDD: Okay. Questions for staff? Mr. Strain? COMMISSIONER STRAIN: Mike, page eight of your staff report. The top of the first paragraph, you talk about commercial and multi-family zoning districts around the site. That's because the single-family estates homes to the north were at some point rezoned to RSF-6 maybe, or whatever they are. MR. BOSI: RMF-12 with -- capped at seven. COMMISSIONER STRAIN: But they are being utilized, and that neighborhood is being utilized as an Estates residents area, is that correct, or single-family -- MR. BOSI: No. Estates homes would be on large lots. These are -- they're single-family homes. They are absolutely single-family homes. COMMISSIONER STRAIN: Okay, So the multi-family doesn't occur to the north, it's basically -- MR. BOSI: Oh, it does. To -- well, I guess you have a strip of single-family homes, and then beyond that you have duplex homes. So there's -- and I mentioned, those single-family homes are an interruption to the zoning pattern, and it makes -- and staff has had to take somewhat of a different view in a different light of those single-family homes based upon its context within the overall surrounding zoning. COMMISSIONER STRAIN: Do you remember which was first, the single-family homes or the zoning? MR. BOSI: I would probably have to say that the zoning was first, but I don't -- for hundred percent certainty, I can't make that claim. COMMISSIONER STRAIN: Some ofthe residents that have been there a while, I'll asked them to express their -- because that's an older neighborhood. MR. BOSI: Yes. COMMISSIONER STRAIN: I'm not sure how the multi-family zoning occurred, but we'll find out. On your same page of the staff report, second paragraph, just a minor correction. As noted, Radio Road at one time intersected with Collier Boulevard. Didn't it actually intersect with Davis, and then Davis intersect with Collier boulevard? MR. BOSI: You're correct, sir. COMMISSIONER STRAIN: Under your rezone findings, number five, whether the changed or changing conditions make the passage with proposed amendment necessary. It says, the proposed rezone, then the lower impact to residential development in comparison to commercial on a community inITastructure make the proposed change necessary. I'm going to probably get further into this where I've tabbed another point where I didn't think you thought it was necessary. Do you think it's necessary to eliminate the commercial and go to this multi-family? MR. BOSI: No, it's not, and that's an incorrect word. I guess necessary is not -- I would say a favorable outcome. But necessary, by no means is this necessary. The zoning as it sits could be developed Page 24 1612 G 2 .. ~ - September 1,2005 with commercial. Would I view that as professional planner as a beneficial thing to this community? No, I wouldn't. COMMISSIONER STRAIN: Is item number five one ofthose items that you typically get from an applicant and paste into this page, or did you write that yourself? MR. BOSI: No. That was authored by myself. COMMISSIONER STRAIN: So the word necessary though written by you isn't really the correct word to have there? MR. BOSI: That was a -- that was an error on my part, Commissioner. COMMISSIONER STRAIN: Number seven. Second sentence of the answer to number seven, the proposed change will result in an overall increase in daily trips within the school. I guess that's not right either? MR. BOSI: That is not right, obviously, COMMISSIONER STRAIN: So number seven isn't right. Number six, whether the proposed change will adversely influence living conditions in the neighborhood. The answer goes on to talk about what is in the neighborhood with the concluding sentence, the proposed residential PUD rezone will eliminate the last undeveloped commercial parcels in the area. n doesn't talk about influencing or adversely influencing living conditions. In fact, it doesn't even discuss living conditions in the entire response to number six. Is that a true statement, or do you see where you may have in -- MR. BOSI: What I see is I led up to -- I didn't put the conclusion. I put the factors -- the factors that were arriving towards the conclusion. The conclusion was omitted. COMMISSIONER STRAIN: In this board's deliberations, I know that we're supposed to consider the rezone findings and the PUD -- the findings for the PUD. This one doesn't have a conclusion, number seven is in error, number five is in error. I'm not sure where this is going to go -- MR. BOSI: Okay. COMMISSIONER STRAIN: -- but we should have had them -- I wanted to point it out to the board in their deliberation. Number 10, whether the proposed change will adversely effect property values in the adjacent area. n says, in general planning theory, you believe it is more compatible with surrounding residential land uses, and no appraisal was done. So does anybody know from an authoritative viewpoint whether this will have an adverse effect or not on property values? MR. BOSI: We do not -- we do not require applicants to provide market studies to indicate whether or not a proposed change will be an economic gain or an economic detraction from the individual areas. What I simply put was that the -- the transition would be more compatible. And with that I was inferring that the likely outcome would not be a negatively -- a negative outcome for the area. COMMISSIONER STRAIN: But there's no authority on -- you're not an authority on appraisals? MR. BOSI: Absolutely not. COMMISSIONER STRAIN: Number 14, whether the change suggested is out of scale with the needs of the neighborhood or the county. The answer that was asked both requested it of the neighborhood and the county. The response seemed to be as related to the county. Was there an analysis done to respond to number 14 in relationship to the neighborhood? MR. BOSI: Well, I think the last sentence, the proposed conversion of commercial zoning to residential zoning is viewed by staff as a more compatible land use to the general area, and general area, I Page 25 ;..' 1612 C 2 September 1, 200:;-' should have maybe said localized general area. But the general area was utilized to refer to the surrounding Palm Springs neighborhood. COMMISSIONER STRAIN: Okay. Under the fmdings for the PUD, the last sentence of number four, the development standards and commitments contained within the PUD document will ensure that the proposed rezone will not negatively impact the surrounding developed and undeveloped neighboring properties. I guess that's a subjective statement, because some of the basis for number four has to be fTom the rezone findings that we just discussed that may not have been properly written, and I imagine the impact of value would have an impact on the response to number four. But since you couldn't really opine on the impacted value, then number four then is somewhat unanswered. MR. BOSI: I would have to disagree. I think with my certifications as an American Institute certified planner, I can make a professional opinion, and what I put forward was a professional opinion based upon the zoning action that was being requested. COMMISSIONER STRAIN: So you believe that this project will not negatively impact the neighborhood? MR. BOSI: No. COMMISSIONER STRAIN: Have you seen any kind of elevations or anything that would indicate the type of structures and style that's going to be built there so that we know that it's going to be of a quality and nature that is going to be consistent with the neighborhood? MR. BOSI: I know that the Florida Building Code requires that the safety of the structures will be required. The aesthetics? As a professional planner, dealing with the land use and multi-family structures not being required as to be architecturally reviewed, I don't spend a tremendous amount of time on aesthetics. The elevations that was presented at the neighbor infonnation meeting were not received well by the neighbors, and I -- and the applicant has indicated they weren't going to go with it. I'm not sure what you can do at the zoning stage to start incorporating -- incorporating an architectural requirement. I would be open to whatever the planning commission would suggest in that manner. But I am ill-prepared or inadequate to address aesthetics within the zoning document. MR. BELLOWS: And for the record, Ray Bellows. I agree with Mr. Bosi. It's -- the zoning action really doesn't address, or we don't have the ability to present architectural criteria or designs. The LDC is silent on the issue; therefore, it's -- I don't think it's an issue that is a part of the review criteria that staff is looking at. In addition, in the question of dealing with these rezone findings and PUD findings, the planning commission is not constrained fTom taking staffs opinion at heart. You have the ability to look at these conditions, these criteria and come and fonn your own opinion, and that is the purpose of providing these criteria into the staff report so you can look at how staff is looking at this and so you can fonn your own opinion. It's not that you're constrained fTom making your own detenninations on these issues. COMMISSIONER STRAIN: Mike, can architecture ever have a negative impact on a neighborhood? MR. BOSI: Oh, I would have to say most definitely. COMMISSIONER STRAIN: Thank you. Into the PUD. Section 2.6, model homes and sales facilities. They're asking for a series of issues involving their potential sales facility. Are any of those deviations fTom the LDC? MR. BOSI: Not that I'm aware of. COMMISSIONER STRAIN: Thank you. Under section 4.2 it's talking about conservation preserve area. A principal use one, passive recreation area, boardwalks and recreational shelters. Is that 1\ Page 26 1612 C 2 ...., .. September 1, 20ÒS necessary to be in there? MR. BOSI: No. That was -- that was language that was suggested by the applicant, and the environmental staff who reviewed it did not take an exception to it, therefore, that's why it's there. COMMISSIONER STRAIN: Almost done, Mike. Next one is of transportation, so I think Mr. Abernathy has something to ask you. CHAIRMAN BUDD: Yes, sir, Mr. Abernathy. COMMISSIONER ABERNATHY: Mike, I want to talk to you about deviation for sidewalks. MR. BOSI: Yes, sir. COMMISSIONER ABERNATHY: I'm sure you're just a conduit for this comment, but I'd feel much better about holding the developer to sidewalks on either side of the street if that were a code requirement rather than somebody over in the staffs opinion that to not have them on both sides of the street would deprive people of equal opportunity. I've never heard equal opportunity brought into the sidewalk issue. MR. BOSI: Commissioner Abernathy, it is a code requirement, and the reason why it's a code requirement is they want to -- they want to have residents on both sides of the streets have the opportunity to walk on sidewalks on their side of the street, and, therefore, the equal opportunity, maybe I was somewhat -- somewhat dramatic with that statement, but that was the premise ofthe code that exists. COMMISSIONER ABERNATHY: I thought that they were required. Then your eloquence just sort of overran itself, I guess. MR. BOSI: I apologize. CHAIRMAN BUDD: Okay. Any other questions of the staff? Yes, sir. Mr. Schiffer? COMMISSIONER SCHIFFER: The issue of the units backing up onto the buffer, are you okay with that from a planning concept? MR. BOSI: And you were talking about the units that will sit on Radio Lane and -- COMMISSIONER SCHIFFER: In other words, the only public right-of-ways. MR. BOSI: Radio Lane and Palm Springs Boulevard? COMMISSIONER SCHIFFER: Yes. MR. BOSI: Well, those are -- the way this is going to be developed as a multi-family tract is they'll be one individual parcel, and those will be fronts, so they're going to have to have a 25-foot setback from the property line. Now, I know they have a 20-foot -- they have a 20-foot landscape -- landscape buffer, so there's only going to be a five-foot. You may want to increase -- and if there's concern about that is -- and Tim had mentioned that there could be a 10- foot separation between the landscape buffer and the back of the structures. You may want to increase that front yard setback to 30 feet and you accomplish the effect -- you accomplish that effect. COMMISSIONER SCHIFFER: ell, you're considering that the front yard setback? MR. BOSI: Yes. COMMISSIONER SCHIFFER: So the front door to the house will be on that side? MR. BOSI: Well, the front door to the house is on the internal private road. It's going to be all with -- developed with -- these aren't going to be -- these, I do not believe, are going to be individually platted properties to where the condo's going to be sold with an individual land use. COMMISSIONER SCHIFFER: The townhouse. The townhouse is an individually platted property. I would consider -- I mean, the front really is fronting the private street. It's not fronting the -- I mean -- MR. BOSI: That is not the -- if they -- if they plat the individual parcels, that would be correct. Page 27 16 12 C 2 September 1, 2005 The way that the traditional townhouses are -- well, I guess the traditional townhouses have been blended over the past couple years. But traditionally it's one parcel, and the exterior of those parcels is where you gain your front yards from. And the internal streets -- the internal streets are considered a private driveway. COMMISSIONER SCHIFFER: So what you're saying is reviewing the development standards, the front setback has the back door, and the rear setback has the front door? MR. BOSI: That's how zoning would treat it, unless they're platted individual parcels. COMMISSIONER SCHIFFER: How come I want to say yikes? Okay. So in other words, they've already violated the setback requirements in the documents they've presented? MR. BOSI: No. COMMISSIONER SCHIFFER: Well, the 20-- MR. BOSI: I think this is a master plan. This is not a site development plan. And the master plan, I guess, if you were to inter that the condo units are backed all the way up to the setback line, then yes, they would. COMMISSIONER SCHIFFER: Wow, I'm confused. I mean, this document's shown as what they kind of intend to develop, right? I mean, it's not a joke? MR. BOSI: It's a more specific master plan than you traditionally would receive within a PUD. COMMISSIONER SCHIFFER: Okay. So say this again. On a private road, the :tront setback is going to be on the public right-of-way, and those setbacks coming off of the private road are considered rear setbacks? MR. BOSI: Correct. COMMISSIONER SCHIFFER: I don't know. Okay, I'm done. I'm stunned; I'm not done. CHAIRMAN BUDD: Other questions for staff? COMMISSIONER STRAIN: Just one. I mean-- CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: -- Brad's brought up a good point. Where would addressing put their address, on the Palm Springs Boulevard or on the internal road? COMMISSIONER SCHIFFER: Right. MR. BOSI: Probably the internal road, Actually -- COMMISSIONER STRAIN: That's the back ofthe house. MR. BOSI: No, actually, I'll address that question with the response that we've gotten from the post office. They would no longer be delivering mail to individual units. There will be centralized mail kiosks what will be required of this for mail distribution. So that may be -- that may gain an address off of Palm Springs Boulevard. Probably Palm Springs Boulevard because of where their access point's going to be. COMMISSIONER STRAIN: But if they built a house oriented to Palm Springs Boulevard, the front door couldn't be accessible from the driveway because the driveway's going to be in the back; is that right? Then it becomes like an alley house; is that -- MR. BOSI: The driveway -- COMMISSIONER STRAIN: How would you -- the homes that are fronting Palm Springs Boulevard, they can't get access from Palm Springs Boulevard. You're not going to have a bunch of driveways? MR. BOSI: No. They're going to have an internal -- an internal drive. COMMISSIONER STRAIN: Right. But that internal drive is their alley, not their-- COMMISSIONER SCHIFFER: It's their rear property. MR. BOSI: If you want to call it an alley, it's an alley. It's an internal driveway. Page 28 1612 C 2 September 1, 2005 COMMISSIONER STRAIN: The same thing happens to the south along Radio Road? MR. BOSI: Correct. COMMISSIONER STRAIN: So you drive into the Radio Road, and the first thing you see is the -- well, you see the fronts of these houses, but they're really the backs, although the fronts are on the road? MR. BOSI: Well, I'm sure the architectural -- their architectural design -- MR. BELLOWS: For the record, Ray Bellows. I'd just like to make a clarification. The road could be platted in the front, and then you'd have two front yards. Any -- the code says you have a front yard on any road -- public road frontage or any platted road frontage. So if it's a platted road within the center of this project, then that would be also road frontage, where a front yard setback would be measured. CHAIRMAN BUDD: We also need to remember that this is not some new code wrinkle discovered here for the first time. We've seen this dozens, if not hundreds of times, and it's never been a focus of discussion. But this is pretty common, and I think maybe -- MR. BELLOWS: And the other issue is most of the master plans don't show this level of detail, and that's a question that doesn't typically come up until you go through platting or site development plan. COMMISSIONER SCHIFFER: But, Ray, then let me understand, is that what -- the setback for the back of these townhouses, no matter what you call them they're the back, will be 25 feet off of the public right-of-way? MR. BELLOWS: Since it fronts a public roadway, it has to have a front yard setback. COMMISSIONER SCHIFFER: Okay. And then the street that's on the private side, you're considering that a front, not a rear like Mike was? MR. BELLOWS: Ifit's a platted road, then it is a road that has -- COMMISSIONER SCHIFFER: I mean, it's a private drive. It's not a platted. MR. BELLOWS: If it's a -- I think what Mr. Bosi was alluding to is that if multi-family projects have an internal road system that is not platted, then it can be deemed a back or an alley. CHAIRMAN BUDD: Other questions for staff? COMMISSIONER SCHIFFER: No. CHAIRMAN BUDD: There are no more at this time. We can hear from registered public speakers. MR. BELLOWS: The first speaker -- CHAIRMAN BUDD: Excuse me. Mr. Strain just found another question. COMMISSIONER STRAIN: That's what I was waiting for. COMMISSIONER VIGLIOTTI: We're waiting for transportation. CHAIRMAN BUDD: We do have more questions for staff It will be transportation. Mr. Scott? MR. SCOTT: I thought I was going to get by. CHAIRMAN BUDD: No, you're not that lucky. COMMISSIONER VIGLIOTTI: Don, I have a question on the entrances between Triad and this. Isn't there a way we could make them compatible, make them work somehow? MR. SCOTT: We will. I think the point he was trying to make is, whoever gets to the site plan first -- it's already been decided from -- I mean, I think we beat it to death the last meeting at the Triad. We wanted it further back. But with, you know, discussions with the neighborhood and you guys, we went to 350 feet. It's going to be 350 feet. His point was, he might be there first or whatever. It's going to be at that point. COMMISSIONER VIGLIOTTI: Okay. So they will match. Thank you. MR. SCOTT: Yeah. COMMISSIONER STRAIN: Don, Radio Road is still a right out? No left out, right? Page 29 16 J2 C 2 September t, 200S- MR. SCOTT: Radio Lane. COMMISSIONER STRAIN: Radio, whatever it is, MR. SCOTT: Yep. COMMISSIONER STRAIN: When you get onto Radio Road from Radio Lane -- MR. SCOTT: Yes: COMMISSIONER STRAIN: You can only go right. MR. SCOTT: Right. COMMISSIONER STRAIN: Is it impossible to put an entrance onto Radio Road ftom this project since they have the 660 foot clearance? MR. SCOTT: Onto Radio Lane? COMMISSIONER STRAIN: Radio Lane, I'm sorry, Radio Lane. You guys keep changing names. I've been here for a long time. We've always called it Radio Road. MR. SCOTT: When it changed to the other portion that was built. We discussed this in the last one. It didn't meet the spacing. There was a driveway that was on the edge of their property. I don't -- where's the -- COMMISSIONER STRAIN: You need 660 feet spacing; is that correct? MR. SCOTT: It's 330 between driveways, so you're looking for 660 of clear so you can put it in the middle of it. COMMISSIONER STRAIN: So between the Woodside Lane's driveway and the Palm Springs Boulevard entryway, you'd have greater than 660? MR. SCOTT: I don't -- I don't believe it's that -- the rrontage is that long, is it? COMMISSIONER STRAIN: I don't know. I was just -- that's the question I'm asking. MR. SCOTT: Yeah, I don't believe so, because we had the same issue on the other side. I think it was about -- I don't know. Do you know what the ftontage is? Okay, 596, their rrontage. COMMISSIONER STRAIN: Pretty close. MR. SCOTT: Close, yep. COMMISSIONER STRAIN: The other question I have is the ITE code used for this townhouse condominium. I pulled the ITE manuals up and reviewed them. It's LUC (sic) 230. And the way this is set up is using an average. Do you have any inkling as to where the average would go if you had predominantly more bedrooms in the community than what the average was used in the ITE manual? MR. SCOTT: I think the average would probably be lower than that then. I mean, their trips would be higher. COMMISSIONER STRAIN: Right, lower than four bedrooms? MR. SCOTT: Right. The average -- my guess, not calculating out, would be three would be an average, but -- COMMISSIONER STRAIN: So if you have four bedrooms, most likely you're going to the higher side of the span of the ITE 230, and they used the average for their traffic impact? MR. SCOTT: That's correct. COMMISSIONER STRAIN: I did notice too in ITE, five persons equal one trip. They have some conversion, so if you have to count bodies. And you know with more bedrooms there'd be more persons in these units for sure. MR. SCOTT: And we've had that discussion before about number of vehicles, too. If you -- it's like an average of 1.5 vehicles per household. But obviously if you have more vehicles, you're going to have more trips. COMMISSIONER STRAIN: Okay. Thank you, Don. MR. SCOTT: Yep. Page 30 16 12 G 2 September 1, 2005 - CHAIRMAN BUDD: Any other questions of staff? (No response.) CHAIRMAN BUDD: None at this time. Ray, how many registered public speakers do we have? MR. BELLOWS: Three. CHAIRMAN BUDD: Okay. If you could call them up, please. MR. BELLOWS: Cathy Gonnan, followed by Rich Hampton. CHAIRMAN BUDD: And for members of the public, you can speak at either microphone, whatever's convenient. MS. GORMAN: Good morning. My name's Cathy Gonnan, and I live at 722 Pine Crest Lane, and we are a neighbor. I guess I don't think it's too often that a community comes before you and says, could we keep commercial instead of going to residential, but that's what we wanted to do. I'd like to start by just answering a couple question that I heard come up this morning. I don't believe anyone ITom Triad is here, but I spoke to them just the other day so that I could ask them how many bedrooms are you having. The answer is three; two- and three-bedrooms. There are zero four-bedrooms. And that question was asked just a few minutes ago. Just for clarification, I'd also just like to ask if I heard correctly. When they are talking about four bedrooms, did they say 30 percent or 34 units? CHAIRMAN BUDD: Thirty percent. MS. GORMAN: Thirty percent. Okay, thank you. I thought I heard 34 units. This all started with the neighborhood meeting. We were notified exactly one week before that meeting. The letter was dated July 5th, but we didn't receive it until July 27th, so a lot of people couldn't come. I spoke to Mr. Bosi, and I asked him if that's okay, is that kind of legal? And he said, yes, it was. So I said, well, is there a way we could have a second one? That's how the second meeting, to the best of my knowledge, came about was when we requested it because so many of us could not be at the other. What we did though was, instead of having big groups of people meet with them, we, again, took our neighborhood and said, could we kind of speak for you, hence the 40 letters that you have, et cetera. That's why a lot of people aren't here today. The problem is the four-bedroom units. And I know that maybe that doesn't usually play into zoning and whether it can be rezoned or not, but it really does in this case, because as you already have established, four-bedroom units are going to be teenagers driving -- I have one myself -- you know, and many more people, many more trips. I have three children. I assure you I make a lot of trips between school, et cetera, during the day. I also would like to comment, I guess, when I believe Mr. Bosi said that we didn't get off to a good dialogue with the builder. No, we sure didn't. When we went into the meeting, we started to ask the builder -- I really don't care about elevation, to tell you the truth, because I know that's been a lot of question here. We cared about what product are you putting into our neighborhood. And I am not a realtor, and I am not a planner, but I can tell you, if you are selling houses below the median market value for three- or four-bedroom houses, yeah, that is going to have a negative effect on a neighborhood. I just think common sense tells us all that without being realtors. When we did meet with them, again, it all centered a great deal around the four bedrooms. I also take great exception to -- and Triad comes up a lot here because you would think Triad has the exact same type of units and building; it doesn't. Page 31 1612 C 2 September 1,200)" Triad did a 39-page traffic study :ITom Metro. Mac did three pages. They're right here. One of them's really just a cover page. I called Davidson Engineering, who also did the site plan -- or Exhibit A, as I know it -- and asked them, do you do full traffic studies? They said no. So I don't even believe that a full traffic study was done on this side of the property. And when it is done, it needs to take into account all the other traffic that is now being generated in this area :ITom all the other developments that have since come in. It also needs to take into account Triad's development coming onto Palm Springs Boulevard. So I am asking, before anything gets done, could we also do a real traffic study and do a -- or a larger traffic study? Could we also do maybe a pedestrian study? We have a great deal of problems -- I shouldn't say problems. We have a great deal of children right now who have moved into the apartments in that area. One bus picks up at least 20 students. I don't even know how many buses come back and forth there. Triad is going to do, as part of their development, putting in a bus stop, which is going to really help alleviate it, but there's just so many more trips going and coming. People come :ITom, not in Palm Springs, other places down on into there to drop the children off to those bus stops, So that's where the dialogue was going. It wasn't going too good. I guess, in closing, I should say that I took great offense that they're saying in the traffic study that this project will not have a negative impact to the existing roadway conditions. I think, yes, it certainly will, especially with those amount of trips. Also, you should know that a few things happened at that neighborhood meeting with the six of us that I don't know if it's -- it was represented clearly the way that I understood what happened at that meeting. Mac, maybe unintentionally, mislead us by saying that they would get back to us, so we were waiting to hear, will you lower the density, And, instead, I called Michael Bosi one day and said, Michael, you know, where are we with this? And he said, oh, they submitted and it's at eight. And I said, gosh, nobody told us as the neighbors that. I called Mr. Hampton and said, have you heard :ITom them? He said, no, not a word. So they're talking about, oh, they wanted to talk to the neighborhood. No, they didn't contact any of us to tell us that. We found out through Michael Bosi. Mac tried to basically deceive us by not answering at that meeting how many were going to be four-bedroom units. We asked. I physically sat there, took their plan that you saw before and counted A, B, A, B, A, B, and came up with 40 percent being four bedrooms, when they knew that that was a very big touch point with us. What they did then was -- I now felt threatened by them because what they said was, and I quote -- and he was talking about big, bad commercial. He said, do you really want commercial? If I build commercial, you won't like what I build. Now, gentlemen, I -- and ma'am, I'm sorry, all that I can say is you have neighbors right now that I feel have been maybe unintentionally misled, threatened in my opinion, you know, deceived in my opinion, and scare tactics, because the scare tactic came in when he said, well, if we don't get this, if you fight us on this, what's going to happen is we're going to build even more four-bedrooms. And we said, you know, where are you going to put them? And he said, well, when I have to start chopping up -- they had longer strips -- and when I have to start chopping these up, then we're going to make even more four-bedrooms to make up for that space. So at that point the meeting was kind of over. We thought we'd hear something back. We didn't. Also as a final note, just so that you know, Triad, who has worked with us and who came to our neighborhood and who has been very decent with us, is only building 72 units, not 86. Page 32 16 J2 lJ 2 - September 1,2005 So again, please take into account that I as a neighbor feel misled, deceived, and with scare tactics. Thank you. CHAIRMAN BUDD: Thank you, ma'am. Next speaker, please. MR. BELLOWS: Rich Hampton, followed by Jonathan Smith. MR. HAMPTON: Good morning. My name's Rich Hampton. I live at 706 Pine Crest Lane. And for the record, I don't oppose the rezone, but I come before you today to talk about some issues that I think you need to take into account when you decide on a fair density. And I think you recall maybe last time I was up here when I talked specifically about the safety of our neighborhood, because that's what I'm most concerned with. I've heard the professional planner talk, I've read all the -- I've heard all the -- I'm not a planner, but I live down there and I have a great interest in the children. I can tell you that the school bus -- the first week of school, the school bus picked my two children up, a fourth-grader and a first-grader, there were 92 kids on that bus. Six to eight of them standing in the aisle. I had to rectify the problem with the bus barn. We got it fixed. Since then we've had four temporary buses come down to pick them up because they cannot facilitate picking all those kids up that we didn't take into account that live back in Tuscan Isle, which has now completed its phase II. All traffic, these studies, all the things that we're talking about's all hypothetical theory. We live down there. I'm going to tell you right now that someone's going to get killed walking through Circle K. Every day -- I've had to move the bus stop twice now. We've got eighth-graders who walk to and from to get their breakfast. And although this sounds trivial maybe, go down there sometime. I asked you last time to go down and take a look at it between seven and nine o'clock. Although I realize we're faced with the fact that we're a growing community, we've got to look at these things, maybe it's preferred that we downgrade to residential, we need to be smarter about the way we're planning these things, because someone's going to get killed because of our lack of planning. We've got no sidewalks for the kids to walk to bus stops. And I want to correct something that Mr. -- I think, is it -- Bosi said. He said that these single-family units were a disruption to the development down there, which is completely incorrect. If you look at the -- and I don't know how to move that around. But if you look at the back street, I believe it's Pine Cone Lane, that is the only street where multi-family exists in our whole neighborhood, okay? Those were built 14 months ago, is when they CO'ed. Since then code enforcement's been down there every day, because we call them every day, to talk to them about the cars up on blocks, the walls that have been dead bolted with doors shut so that they can put two and three families in each side of the duplex. That's a disruption to our neighborhood. And now we're talking today about putting more multi-family units in the same neighborhood. I'm okay with the rezone. I'm okay with the building, but I think we've got to be smart about the density we allow, and we've got to be smart about these traffic studies and looking at where we're going to put these entries and exits, because that's what's truly affecting our neighborhood. And the talk about commercial, you know, I realize I wouldn't want commercial behind me, and I live there, and it will be behind me. The bottom line is, we need to decide what's the best for the neighborhood, not what's best for the financial market. You know, I heard somebody say, you know, what's the average cost going to be? And I'd want to clarify that point. Our concern was, what is the price break going to be? Because we're going to end up with two and three families, just like the street to our north, in these dwellings if they're built at 265, 270 with four-bedroom units. That's what's going to happen. We all know that. Page 33 16 j2 C 2 September 1,2005 And I was told we can't have the institutional bias against having many families living in apartment complexes, things like that. We paid a premium and dumped our entire life savings into an estates-sized home, and that's going to be severely disrupted if we go with these units at that density. Now, I do commend Mr. -- Tim for doing what he's done. I think they have tried to work with us. I just don't think we're there yet. I think it's going to be up to you, it's a discretionary hearing, to decide if the density is appropriate. That's the only thing I'm asking you for, and for some suggestions from the planning commission on how we're going to fix our traffic problems. I mean, it's really -- you know, I know you face them countywide. But I'll tell you, we're at a threshold right now in our neighborhood that needs to be addressed ASAP, right now. We can't wait any longer. That's all I have to say. COMMISSIONER ABERNATHY: What do you suggest is the appropriate density for this project? MR. HAMPTON: Honestly I think there needs to be a natural decrease, because as you start at Tuscan Isle, I think they're at 14. Maybe somebody can correct me on that, but I was told originally 14 at theirs. Saddlebrook up the way, I believe, is just less than that, then we've got Triad, which is going to be to their west, which was approved at eight, and as you heard Mrs. Gorman say, built out at seven. They decided the market would bear seven. I would like to see a decrease of that, and I think that's the best way to answer that, Mr. Abernathy. COMMISSIONER ABERNATHY: Thank you. COMMISSIONER STRAIN: Okay. I have one question, sir. Have you lived there very long in the home that you're in? MR. HAMPTON: I've lived there a little over two years, COMMISSIONER STRAIN: Do you know how the zoning got rezoned, whether the home was there before the zoning and it was a different type of zoning, or that zoning came on later? Do you know anything about the -- MR. HAMPTON: I don't. I do know that the builder who built the majority, or a good portion of our homes, Mrs. Gorman's home, my home, when we bought -- when we purchased the home, was hopeful that they could build more single-family homes in the back street, and that was kind of the expectation that we had. And if you go down there and you drive, you will find homes built in the '60s, single-family dwellings, where people have lived for 20, 30 years, and now are being faced with this huge density issue. COMMISSIONER STRAIN: Thank you. MR. HAMPTON: Thank you. CHAIRMAN BUDD: Okay. Thank you, sir. Next speaker, please? MR. BELLOWS: The last speaker is Jonathan Smith. MR. SMITH: I'd like to thank the board for allowing me to come before them. And my name is Jonathan Smith. I live at 761 Pine Vale Drive. I have lived there on Pine Vale since 1988, and I've lived as a full-time residence in Florida in Naples since 198 -- '78. We're not against the rezoning to a multi-family, but we are -- we'd prefer a commercial for the reasons of it being more of a nine-to- five flow of traffic. As you can see from the little JIlap there, that the -- though it's not -- it's zoned commercial and it's not isolated. There is the Woodside bowling alley, there's the Mazda dealership, and there's the Circle K, there's also a vacant lot which does obstruct the view as far as being commercial right now. But once those trees are removed, it would be obviously easily seen from both arterial roadways. I kind of feel it would be a poor place for residential because of that unless it is -- unless there's Page 34 1612 C 2 September 1, 2005 enough buffering to block the view for the residents and for the commercial. Right now there's some 438 units in Saddlebrook and Tuscan Isle, and there's some 91 units in Palm Springs, plus the 86 in the Triad area, not to mention the surrounding residential areas, so there is a need for commercial still, especially a C-1 where like child care or something where the low-income housing that basically the Tuscan Isle and the Saddlebrook is, would have a place to take their children. We also prefer to see the access for the development off of Radio Lane. I believe there is adequate distance. The distance between the Woodside bowling alley and the Palm Springs Boulevard is some 750 feet, which, divided by two, is greater than 350. So we believe that there is adequate distance there to put the traffic onto Radio Lane. We'd also like to see -- I didn't realize the -- since the POO I read, whatever, they -- I guess they have decided or are willing to put a wall up, I was hoping to get at least a type B buffer. Nothing was stated in the POO that way. A type B allows for an 80 percent opaque buffer with a six-foot wall. And I'd like to see at least that on -- along the residential areas and the two roadways. I'm sure they'd want to have one along Woodside, too. And I guess one thing that concerned me was in the PUD; I didn't know that they had changed it to 2,000 square foot. But in the PUD is stated for 750 square foot units. And if there were any four-unit buildings -- or four-unit structures, that that would be far undesirable since the adjoining estate homes on the north and the Triad, which is, in their PUD, stated to be an average of2,000 square foot. Like I say, we're not really against the rezoning, but we would like to see something that's not as dense as the -- what they're anticipating and something that's desirable for the neighborhood. We do know that development's going to happen, and it would be nice to get the homeless off the vacant lot anyway. So thank you for your time. CHAIRMAN BUDD: Okay. Thank you, sir. Mr. Strain, you have a question? COMMISSIONER STRAIN: Mr. Smith, I've got a couple questions for you. I notice the shirt you're wearing is one of our local engineering firms. You do work for the firm? MR. SMITH: Yes, I do. COMMISSIONER STRAIN: What kind of work do you do there? MR. SMITH: I'm a civil -- well, we're a civil engineering firm, as a draftsman. COMMISSIONER STRAIN: Are you used to dealing with distances and numbers? MR. SMITH: Yes. COMMISSIONER STRAIN: Do you feel that 750.5 feet is an accurate reflection from center point to center point of the openings along that -- MR. SMITH: That is taken from a county aerial, the GIS mapping. It is very accurate, yes. The county maps are very accurate. COMMISSIONER STRAIN: Transportation was here a minute ago and they represented a lesser number than you're coming up with. I'm just trying to weigh which one. MR. SMITH: Well, if you look on the -- here's a -- there's a picture of the plat that's -- recorded plat. The number that it shows on there of -- it's showing 660 from the property comer to the center of Palm Springs Boulevard. There's also the distance from the property comer to the entrance to Woodside. On their site plan they are showing less than 600 feet, but that didn't account for the radius. COMMISSIONER STRAIN: But just for measuring of those distances, do you normally measure for traffic opening purposes from center point of the nearest opening or from the right -- edge of the right-of-way of the nearest opening? MR. SMITH: We measure from the center to center. COMMISSIONER STRAIN: Okay. I just wanted to confirm then, there is enough distance based Page 35 1612 C September 1,2005 on the center to center measurement to fit in under the criteria of transportation, an opening onto Radio Road? MR. SMITH: I believe, yes. COMMISSIONER STRAIN: Thank you. CHAIRMAN BUDD: Okay. Thank you, sir. MR. SMITH: Thank you. CHAIRMAN BUDD: Are there any other public speakers, Ray? MR. BELLOWS: No other speakers registered. CHAIRMAN BUDD: Do you have questions for the petitioner or staff? (No response,) CHAIRMAN BUDD: If there are none, we will close the public hearing. Do we have a motion? I think they're waiting for you, Mr. Strain. COMMISSIONER STRAIN: Well, the problem I have is I didn't believe that the Triad PUD should be approved, and I recommended denial on that and I lost. So I wasn't going to start the meeting out with that kind of a note because I didn't want to waste the time. I have a series of 10 stipulations, if it's deemed to be approved. I also have a series of what I believe are inconsistencies with our codes in regards to this project, just as I had with the Triad development. Now, I can proceed to make a recommendation for denial only to be overturned by the rest of you. So before I go that far, does anybody want to make a recommendation of approval? (No response,) COMMISSIONER STRAIN: Ifnot, I will continue. COMMISSIONER SCHIFFER: Continue. COMMISSIONER ABERNATHY: Give it a try. COMMISSIONER STRAIN: I'd like to make a recommendation to the Board of County Commissioners for denial of PUDZ-2004-AR-6207, the Mac residential PUD. I'm fmding it inconsistent with land development code section 4.07.02(B)1, D-3b, D-3d, D-3f, D-3g; inconsistent with section 5.4 of the growth management plan; inconsistent with the rezone findings of five, six, seven, 10 and 14; inconsistent with the findings for the PUD of one, three, and four. Most all of those are issues in reference to compatibility. COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN BUDD: Motion by Mr. Strain, second by Mr. Adelstein. Mr. Strain, I hate to admit this, but I don't have all those code sections memorized. Could you give me just kind of an overview of what your inconsistencies are? COMMISSIONER STRAIN: I can read each section, if you'd like. CHAIRMAN BUDD: Not -- well, just kind of a summary of what your -- what your assertions are, please. COMMISSIONER STRAIN: The future land use element, policy 5.4 refers to compatibility. Under the land development code, all those sections I referred to are 4.07.02 of design requirements talking about the areas for the PUD, the external relationships, and especially the residential density. Under the sections I cited, most of them were discussing convenient and unsafe access, traffic congestion, conflict or -- with the GMP, create a threat or incur abnormal public expense, be incompatible or inconsistent with surrounding neighborhoods, areas, or otherwise be inappropriate. In the rezone findings I used the issues that I was talking to Mr. Bosi about, where under testimony today he admitted there were some errors in those rezone fmdings. And the fmdings for the PUD, I do not agree with him on the -- on his analysis of compatibility. Page 36 1612 C 2 September 1, 2005 CHAIRMAN BUDD: Okay. Thank you. Discussion on the motion? Yes, sir, Mr. Midney? COMMISSIONER MIDNEY: I'm in favor of the project because I think it at least is minimally favorable to families. It's not affordable housing, but it's a whole lot better than most of the projects that I see come before us for housing which are half a million dollar residences and above. It's almost like there's a bias against families and children. And in my experience, children always grow up to be teenagers. And if we have all the housing that's going to be approved by this board only for upper-income people, we're going to have jammed roads leading into and out of Naples, and people who work in Naples are all going to have 12-hour commutes, which is already true of most of the people in Immokalee who have to drive to Naples in order to go to work. I think that this is the kind of thing that we need. We need families that can live closer to where they work. SoI'm going to vote against the motion. CHAIRMAN BUDD: Okay. Thank you, sir. Any other discussion on the motion? (No response.) CHAIRMAN BUDD: There being none, we'll call the question. All those in favor of the motion of denial, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER LINDY: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN BUDD: Those opposed? COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN BUDD: Okay. So that is two in opposition, seven in favor, motion carries. It is 10:22. We'll take a 10-minute break. (A brief recess was taken.) CHAIRMAN BUDD: If everybody could please take their seat, we'll call the planning commission back to order and resume with our next agenda item. We will pick up with item C. Petition PUD-A-2005-AR-7152, Valewood Properties requesting an amendment to the PUD document and master plan to rezone from commercial to residential. All those wishing to present testimony on this item, please stand, raise your right hand to be sworn m. (The speakers were duly sworn.) CHAIRMAN BUDD: Thank you very much. Disclosures by planning commissioners. For convenience, let's start at the end with Mr. Murray. COMMISSIONER MURRAY: No, I don't believe I had any conversations with anybody on this. CHAIRMAN BUDD: Thank you. Mr. Schiffer? COMMISSIONER SCHIFFER: Yes. I had a phone conversation with Bob Shafto regarding density, a conversation with Martha Lancaster, resident of Quail II, regarding the Valewood Drive aesthetics, and the three letters from Robert Myers. COMMISSIONER MURRAY: Yeah. Those I had, Mr. Chairman. Page 37 1612 C 2 September 1, 2005 CHAIRMAN BUDD: Okay. None, Mr. Midney? Mr. Adelstein? COMMISSIONER ADELSTEIN: Same three letters, and I talked to Mr. Yovanovich. CHAIRMAN BUDD: I received three letters from Mr. Myers and spoke with Rich Y ovanovich regarding this item. COMMISSIONER STRAIN: I've got so many letters I don't even want to spend the time repeating them all, but I think they're all in public record, and I have spoken to Richard Y ovanovich on some general issues and Clay Booker on some general issues. I believe that's all. CHAIRMAN BUDD: And I appreciate that reminder. I also spoke to Mr. Booker. I had forgot to disclose that. COMMISSIONER ABERNATHY: I had three letters, but consistent with my policy, I didn't open them, so I don't know who they're from. I saw the letterhead, but that was enough. COMMISSIONER VIGLIOTTI: I received the same three letters. COMMISSIONER CARON: Yeah. I have letters and some e-mails, and that's it. I have no conversations with anyone. CHAIRMAN BUDD: Okay. Before we hear from the petitioner, I just want to make one personal comment. It's pretty easy to see that the room's fairly full. This is going to be an item of some great excitement and interest, and I would request by everybody present here that you show appropriate respect to everyone that comes forward and speaks and not have any side comments, and that is appropriate and fair and polite for everybody involved. And we really need your cooperation, because with crowds this big and issues that are of this much importance to so many people, things can get out of hand, and we're not going to let that happen. So with that, please, if we could hear from the petitioner. MR. TYSON: Good morning, Commissioners, I'm Bruce Tyson with WilsonMiller. I'm a landscape architect and a planner, and I'm here on behalf of JED of Southwest Florida, the petitioner on this property. They are also the owner of the property, and I believe we have disclosed in the application their financial interests. With me today is Richard Y ovanovich, who is representing them as well, our land use attorney. We have Joe D'Jamoos, the president and owner of JED of Southwest Florida; Andy D'Jamoos, the vice-president; Brad Guarino, the project manager; and Gavin Zones, professional engineer and AICP, also ofWilsonMiller. He is our traffic engineer. What we are asking for -- and this may be a slight modification to what you have in front of you -- but is to change the land use from commercial C-3 to multi-family residential at a density of nine units per acre, not 12. So we are at nine units per acre. On the visualizer you'll notice the red indicating the property. It's 21.7 acres. It's located approximately three-quarters of a mile east of Interstate 75 on Immokalee Road, and it is immediately abutting to the east Longshore Lakes, where you see the cursor. You have Quail II PUD. It's part of the Quail II PUD. Let me see if I can move this around to help you out a little bit. That is right there, and then you have Quail Creek to the north. All ofthose properties are served by Valewood Drive. In front, between Immokalee Road and the Valewood Village property, as we will call it, is a 20-acre commercial property part ofthe PUD, and in that red area that you see right there is also part ofthat commercial land right now. That is the portion that we are requesting to be rezoned from commercial to residential. Immediately to the west and across Valewood Drive from this property is a property called the Meadows, which is a 60-unit multi-family development which was approved as part of the PUD, the Page 38 1612 C 2 September 1, 2005 original PUD, and is going to be absorbed into the Quail Village home ownership association. Let me quickly go through some specifics of the property. This -- and, again, it's 21.7 acres. It was -- as a matter of fact, it was cleared in the '60s for agricultural purposes, and it was part of a property :ITom the existing maps that extends over into Longshore Lakes. That was all part of an agricultural development. We have not gone before the EAC simply because it was determined that there are no wetlands on the property, and the property had been -- there's no native vegetation as well. The only vegetation that exists is along Valewood Drive, and that happens to be an exotic Brazilian pepper hedge, primarily. In addition to that, the one thing that does exist on the property is a water management permit. And the unique thing about this water management permit is that it ties it to Longshore Lakes so that the drainage :ITom this development goes into Longshore Lakes. As a matter of fact, it's not only this development, but it's all of that development that is in the :ITont of this property as well, meaning out toward Immokalee Road that is also commercial. Let me just try to help you along with that. This is the piece here that I'm talking about and referring to. That entire component is part of the water management district permit. Pipes are already in place, and the water goes through the pipes, comes down, and goes through the back yards and then into that portion of Longshore Lake. The developed properties, there are four or five of them now. This is in 2004, January aerial, so consequently some of the properties are missing, but all of those properties are allowed to discharge in the exact same manner. Now, how did we -- to come up with 196 units, how did we really get to this density? Well, as you are aware, the growth management plan allows for projects that are commercial to be rezoned to residential at a rate of up to 16 units per acre. We recognize that that is a sizable number. It would be one thing if we were immediately tied to an activity center, but at the same time, we looked at that, and that is a number that exists within the growth management plan. In addition, the growth management plan allows for a density of up to three units an acre to be allowed for projects that are within one mile of an existing activity center. In this case, the center of the activity center is at Immokalee Road and 1-75. 1 believe it's activity center number four. And as indicated before, you can see where Valewood Village is approximately three-quarters of the way out. It is completely within that density band. The interesting thing about it, of course, is that it also cuts through a portion of the Quail II PUD. And when you look at all of these numbers that are put together to be -- to look for the words consistency and compatibility, the most important thing, of course, is to recognize and make sure that the underlying densities of any ofthese projects are never violated. And so when we looked at that -- as a matter of fact, when we did our original plan and looking at it at 12 units an acre, everything fit into the exact same category. So at nine, it would have to as well. And when we did that, you come up with an underlying density within the Quail II PUD at 193 acres of777 units. The 135.55 acres at three units per acre gets you to 406 units. The overall potential allowable density, therefore, within the Quail II PUD by the GMP is 1,183 units. And the total density of the Quail II PUD within Valewood Village by the time you add Valewood Village at the nine units per acre is 556. Quickly translating those numbers for you, totally we're at 47 percent of the allowable number of units in the GMP, and we are at gross density within the Quail II PUD of 2.9 units per acre. Certainly we're taking advantage of those numbers. You say, well, how can it be that low? Well, there's a golf course that's in -- that's part of the Quail II PUD and creates a substantial amount of open space. When we looked at this in trying to come up with where we were, again, with all of the number of Page 39 1612 C ~ t.: September 1, 2005 units and what seemed to make sense, one of the advantages, of course, is the fact that, as you heard me say earlier, that the water management would be contained on another property. Typically, the water management of projects in Collier County takes about 15 -- somewhere between 15 and 18 percent, depending upon their density and depending upon how much impervious surface you have. Assuming the lower number of 15 percent, it would equate to about 1.3 units per acre if you extrapolated that out. So consequently, if you took a site plan and placed it on here at nine units per acre that would be common throughout the rest of the county and placed that same site plan on here and had the use ofthat 15 or 18 percent that we don't have to deal with here because the water management is taken care of in Longshore Lakes, the effective density is reduced to about 7,7 units per acre as a feel on the ground. So there's a big difference between what's approved and what's constructed. And consequently, taking in all the considerations and the fact that you don't have to do water management, it has a very major impact on the way in which the project is developed, finalized, and exactly how it feels. So that was a very important consideration in the determining of the number of units to request. We also tried to take a look at what would happen if this project wound up being a commercial venture. And since it is already a commercial property, the question was, what does a commercial property do for anyone here? Is it viable? And in talking to the ---- as a matter of fact, our owners and developers here are primarily commercial developers. They, too, recognize that there's a certain value and there's a compatibility issue if you look at it when you think about what's going on when you come back in Valewood Drive. Now, if you've been back in Valewood Drive, the first think you encounter is coming across quite a pleasant bridge that goes across the Immokalee Road Canal, you go under a number of live oak trees that have, over the years, because this project started a number of years ago, they now have created a complete canopy. And if you drive back in there, the feeling is far more residential than it is commercial. However, that being said, we can point to a number of examples -- rll point to a couple in the Strand, and I can point to a couple around the hospital on Immokalee Road -- that have sizable office buildings, sizable retail components that are not right on -- directly on Immokalee Road, and at the same time, they exist very nicely back off the roadway. So it's not impossible to say that this could not (sic) be developed as commercial. However, you'll also notice that this property butts up against a whole series of single-family units in Longshore Lake. And in that situation, having sizable buildings, and as a matter of fact, continuing with the existing code that allows that C-3, it also allows four-story buildings, up to 50 feet in height to be developed in there. That could be a commercial development. So consequently, that is right in the code right now. As a matter of fact, that's in the Quail II PUD, that's an SDP process, and that could be done without having any board hearings. So our -- we took an approach of saying, maybe it could be done as a complete office project. And so when we looked at that, the traffic that was developed from that versus a 12-unit building at the time in that development, was about 40 percent more from an office building at the peak hour, and we just looked at it from that standpoint. We didn't do an in-depth evaluation. No matter which way we turned with that, we felt that it was going to be better for the community, far better for everyone along Valewood Drive, if the project came out as a multi-family residential project, because the traffic was going to be substantially less. In reality, if you were to build that, it would probably be a mixed use type of commercial development. They would have some retail, because you can see to the east on your visual point there where the property line comes down and virtually touches out to Immokalee Road, you've got good Page 40 1612 C 2 September 1, 2005 visibility, so probably it would wind up being somewhere -- a certain component would be commercial, a certain component -- meaning retail, some component would be office, and some component would be medical office. And if you look at that -- and we looked at a.m. peak, we looked at p,m. peak, we looked -- we looked at it any way you could, and we looked at it fÌom an -- average daily trips. And no matter which way we looked at it, in all cases, a nine-unit multi-family project was going to have less traffic than would a project of230,000 square feet, 30 percent of it being retail, 30 percent of it being office, and 40 percent of it being medical office, which would probably be built there, and that's at 230,000 square feet, which, by the way, does not max out the property. So I think where we've come to is the fact that, as we look at this -- and I want you to look at this as not necessarily just Valewood Village. I think what you have to do is step back and look at this as the Quail II PUD. And the point is, if we were standing here today and we came to you, would you approve a PUD which has an overall density of2.9 units per acre, is only 47 percent of the total allowable residential units, offers compatibility with the surrounding uses, and is consistent with the growth management plan, and I hope your answer to that would be yes. I'll entertain any questions. CHAIRMAN BUDD: Questions for the petitioner? Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. And I think Margie, this is kind of for you, too, is, I'm familiar with the commercial reduction to residential for 16, but does that apply within a PUD? Can a -- first of all, I think that's being removed fÌom the GMP to begin with, and secondly, I thought that was for existing zoning districts, not within PUDs. MS. STUDENT-STIRLING: It is my understanding that that would also apply in a PUD zoning district. MR. SCHMITT: Do you want to talk into your microphone, please. MS. STUDENT -STIRLING: Yes. It's my understanding that that could apply in a PUD zoning district; isn't that correct, Mr. Bellows? And I believe our long-range planning staff or growth planning staff has concluded that it does. MR. BELLOWS: That's correct. COMMISSIONER SCHIFFER: So a developer could -- with a PUD, put in commercial, come back 10 years later and say, hey, I get 16 units, or I can ask for 16 units? I guess if you said he could, he could. Is this area in a traffic area where you require reduction in density? Isn't there a situation where you would have to -- MR. TYSON: No, it is -- it is definitely east of Airport Road, which is the limit for where the traffic congestion boundary is. COMMISSIONER SCHIFFER: Okay. And the -- okay. I'll come back later. MR. TYSON: Could I just make one more point? I should have concluded with this instead. I handed out to you a version of -- a revised version of the PUD, and let me just go through a couple of changes that happened. This happened as a result, by the way, of a meeting that we had with the Quail Village and the Quail -- excuse me -- Quail Village and Longshore Lakes homeowners' associations. And as a result of that, I just wanted to go through a couple of things with you. I'll start out by just the changes. There's a number of changes that happened right up fÌont in the statement of compliance, simply to go fÌom the 12, so that you'll see a whole series of changes there right in that first section. Page 41 1612 C 2 September 1,2005 On page eight, you will notice a change going in the application of 12, that is now nine for the number of units. The maximum number of units, also on page eight, on paragraph 8.34D, is 196 versus 260 in the application. On page 12 in the table, the maximum building height is in the -- is there right now as three stories over parking. We are proposing two stories or 35 feet abutting the Longshore Lake POO and Valewood Drive. Three stories, or 45 feet, elsewhere. That, by the way, when you work it out very quickly, is, about half of the building would be at two stories and half of the buildings would be at three stories. That's about half of the property fits into that area. On the building setback on page 12 as well, 35 feet was in the application on the east side. That is now 50 feet, and minimum building area, which was not in the application, is now 1,600 square feet. And if you will look then on the -- on page 15, under the landscape section, 35H, the fourth paragraph has been added. If you will notice on your graphic, the little yellow spot that's up in the far north comer, there's a portion of the wall that has not been completed. It's actually right now behind a lot of shrubbery so you don't even notice that. But the developer has agreed to construct that wall and to finish it so that it's a complete wall. There's an existing wall that exists all along the entire east side of the property right now. And finally, the last point in there is that trees -- or the property from a buffer on the east, north, and west side, so therefore, it's all along the east property and then all along Valewood Drive -- shall contain trees with a minimum height of 12 feet. That's two feet above the requirement right now in the LDC. And in addition to that, shall be one-half of the height of an adjacent building, whichever is greater. So if we wound up with a 32-foot building that adjoined those properties, you'd wind up with a 16-foot tree in the buffer. So those are the changes that we have gone through and looked at. In addition, there's a couple of other points that should be made because they're far more appropriate to be placed in a -- in any kind of homeowners' or condominium documents, and they will be that Valewood Village will contribute a proportion of dry land -- in this case it's 12 percent -- of the dollar amount for the maintenance of the stonnwater management that goes into Longshore Lake. So they'll take care oftheir proportional share of the water management for the maintenance of that facility. Secondly, when he comes to rentals, this is a -- definitely a for-sale market-rate project. And what will happen here is it will be -- occasionally some owners may wish to lease. Well, as a document that will be inserted in those homeowner documents, we'll indicate that all leases shall be for a minimum period of 90 consecutive days and no residential unit may be rented for more than three times in any calendar year. So it's just to avoid the transient nature of any type of rental. Another point is that there is an association between Longshore Lakes, Quail Creek, Quail Creek Country Club, and Quail Village that deals with the maintenance and upkeep of Vale wood Drive. They are all quarter-share members right now. Assuming Valewood Village becomes part of that, they will now be an equal partner or pay for 20 percent of that maintenance. And roofmg materials will not be asphalt shingles. They will wind up being other than that. And then one other comment that we plan to do is build a gated community. The idea is that every other community that is back there is gated, so the idea will be to make it to the point of where that is the case, and that will continue the existing high quality that will exist within that community. Okay. CHAIRMAN BUDD: Anything else, Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. Going back to your page 12, the setbacks. The concern I have is that you describe front yard setbacks as what you're showing on here as building setbacks. Could you remove the word front from that and make it yard setback so that -- for example, you remember the last hearing, you know, you have a different rear yard setback, and I wouldn't want anybody to be confused that your intention there is that 50 feet there is devoid of all buildings, accessory -- Page 42 1612 C 2 - September 1, 2005 ' MR. TYSON: Okay. We can make that modification, sure. COMMISSIONER SCHIFFER: And there's no buildings within that 50. MR. TYSON: Correct. COMMISSIONER SCHIFFER: And I would just get rid of the word front to make sure of that. That's all for now. Thank you. CHAIRMAN BUDD: Okay. Mr. Midney? COMMISSIONER MIDNEY: What do you anticipate will be the sticker price of these units? MR. TYSON: Everything we're hearing from the standpoint of market, they will be above -- about 500, and I would say that would be the entry point in a couple of years when it comes out. COMMISSIONER MIDNEY: Does this project plan to do anything for affordable housing in Collier County? Mr. TYSON: Could I have Rich Yovanovich answer that, please? MR. YOV ANOVICH: We recognize that there's going to be an impact to affordable housing, and we have -- or will work out an arrangement. We'll make a donation, which we've done on other projects, of roughly a $1,000 a unit, depending on what gets approved to go towards addressing affordable housing, either in Collier County, within the urban area or in the Immokalee area. So we recognize that we need to address that issue, and we'll address that issue. COMMISSIONER STRAIN: Matjorie, on that issue that Richard just mentioned, Matjorie? MS. STUDENT-STIRLING: Yes, sir. COMMISSIONER STRAIN: Requesting or requiring an applicant to donate to a, I'm assuming, a private enterprise for a specific non-profit purpose -- MR. YOV ANOVICH: Mr. Strain, nobody's asked me to do that or required me to do that. We've agreed to do that. COMMISSIONER STRAIN: Has anybody asked you on your other projects? MR. YOV ANOVICH: Well, that's irrelevant to this discussion. Let's talk about this project. COMMISSIONER STRAIN: Well, Richard, I just want to make sure that if there's an extraction, it's legal. MR. YOV ANOVICH: I never said it was extracted. CHAIRMAN BUDD: Anything else, Mr. Midney? Other questions of the petitioner? Mr. Strain? COMMISSIONER STRAIN: Mr. Tyson, under your project description on page 2 of your PUD, item 2.2B, it talks about a maximum of 60 dwelling units added for a conversion of a sewage treatment site. MR. TYSON: Excuse me. This is part of the existing PUD. COMMISSIONER STRAIN: Yes. MR. TYSON: That is the part, talking about the Meadows. That is the Meadows. COMMISSIONER STRAIN: That's what I'm trying to find out, yes. MR. TYSON: Okay. I'm sorry. COMMISSIONER STRAIN: That is been converted? MR. TYSON: That is correct. COMMISSIONER STRAIN: Okay. The 360 units existing, does that include the Meadows or not include the Meadows? MR. TYSON: It includes them. COMMISSIONER STRAIN: Of the 360, how many of them are single-family; do you know? MR. TYSON: Not off the top of my head. Page 43 1612 C 2 September 1, 2005 .... COMMISSIONER STRAIN: I'm not familiar with Longshore. Do you know the density -- do you know the number of units in Longshore? COMMISSIONER STRAIN: Five hundred and fifty-six. COMMISSIONER STRAIN: Do you know if their only exit is Valewood Drive? MR. TYSON: I believe it is. COMMISSIONER STRAIN: Five hundred and fifty-six. Under your page -- and I have to go with the PUD that was given to us with our package because I couldn't read yours this morning. So page 8 of the one that was provided to us. The residential R-l district -- oh, you already answered that, 360 does include the water treatment center. I just found it in a couple places, so I kept tabbing it. Let me go back. On Page 10, J, development standards, this maybe a staff question as such. You're talking about what the standards are going to be for the project intrastructure. Why? I mean, aren't you going to have to be consistent with land development code? MR. TYSON: Totally. COMMISSIONER STRAIN: Okay. This shouldn't -- this really isn't necessary to be in your PUD? MR. TYSON: It doesn't need to be. Frequently it winds up being there. COMMISSIONER STRAIN: Okay. Under same page L4, little i, principal uses and structures. Townhouses, multi-family dwellings and neighborhood recreational facilities. Those are usually noisy. Where are you planning to put those? MR. TYSON: That would certainly be in the center of the project. The neighborhood in this case means the neighborhood for Valewood Village only. COMMISSIONER STRAIN: If you could -- under the same category but the following page, little 3i, you again refer to community parks and similar uses, shuffleboard courts, tennis courts, Ifthose were to be placed in the project, where would they be placed? MR. TYSON: Again, the idea would be to have that as a community central facility. We would certainly strive to place most of those in the center of the facility so it would be as close as possible and not encourage traffic. We want people to walk to it, not to ride to it. COMMISSIONER STRAIN: And the noise to the surrounding neighborhoods would be minimized, too. Under N, development standards. MR. TYSON: Yes. COMMISSIONER STRAIN: You provide a nice paragraph saying that you're going to be in accordance with the LDC. Ray, is that an option? MR. BELLOWS: No, it's not an option. COMMISSIONER STRAIN: So we don't need to mention it again in the PUD. Under your development standards table, you have tront setback trom internal drives at 20 feet. I know that 23 feet is supposed to be the minimum to allow for parking. I just want to make sure you're aware that 23 is the minimum, not 20. MR. TYSON: Well, in the -- I'm aware of the fact that it's 23, but in this case, we will have -- everything will be garaged. COMMISSIONER STRAIN: Okay. MR. TYSON: They're planning on two-car garages. So I don't know if there's a need. I recognize -- let's put it this way, I recognize that there is a need to make sure that the bumper does not overhang the sidewalk. COMMISSIONER STRAIN: Right. And that has been deemed by staff in the reviews they Page 44 1612 C 2 September 1, 2005 currently provide to the public at 23 feet, so -- I mean, I know you could argue you could use a shorter car, but if they're not going to allow it, it doesn't make -- MR. TYSON: I'm not into -- no. COMMISSIONER STRAIN: Page 13, C, water management. You're going to submit anything for approval, CDES. Do we need to say that in the POO? MR. BELLOWS: No. COMMISSIONER STRAIN: Okay. Under transportation, you're going to be consistent with our traffic control procedures. Do you need to see that in the PUD? MR. BELLOWS: No. COMMISSIONER STRAIN: No. I would just hope that maybe after doing this enough times and wasting enough meetings on it, we would eliminate some of this language. Under the engineering, detailed paving and all that will be pursuant to CDES. We don't need that either. Under landscaping, item H, second paragraph. Up to one-half, or seven and one-half of the 15-foot Collier County draining easement that runs parallel to and 20 feet west of the east property boundary may be used to satisfy the landscape buffer requirements of section four of the LDC. I couldn't figure out what you're trying to say there. Could you explain that to me? MR. TYSON: Sure. Very characteristically on drainage easements, and drainage easements only, the landscape buffer can occupy half of them, and I just wanted to make sure that it was -- it's not a specific statement that is made in the LDC, but it is allowed. And I just wanted to make it clear exactly what was happening here. COMMISSIONER STRAIN: Is this a deviation to the LDC? MR. BELLOWS: I'm sorry. Could you repeat that? COMMISSIONER STRAIN: The whole thing? MR. BELLOWS: Just the last part. COMMISSIONER STRAIN: Heidi, have you been following this? MS. WILLIAMS: Good morning. For the record, Heidi Williams, Zoning and Land Development Review. This was reviewed by our landscape reviewer, and this was found to be in compliance with the land development code. COMMISSIONER STRAIN: Okay. But is this a deviation to the land development code? MS. WILLIAMS: I don't believe it is. COMMISSIONER STRAIN: Then we don't need it here, I would think. I would just offer that up for maybe next time. Next paragraph, I would ask you that same question. It's talking about six-foot high fence. Minimum setback. Trees shall be planted 30 feet on center, 30-inch heights with three feet on center. Ifit's not a deviation then -- if it is a deviation, you have to stipulate it, and I want to -- MR. TYSON: It's not a deviation. It was a request by the reviewer of the landscape, because normally it would be the commercial developer who would wind up putting in that wall or fence. In this case, it will be the residential developer simply because there have been commercial developments already started that have not been asked to put in a fence or a wall behind their facilities. So we're making it very clear as to what needs to be accomplished. COMMISSIONER STRAIN: Okay. Under your traffic improvements, you talk about a -- access on -- the POO talks about an access on Valewood Drive, and it's 4,IC, little i. And it says, the street connection on Valewood may be the principal access to the lands to the east unless such principal access is authorized by the Quail Creek and Quail IT Development Organization. The POO map shows it as an Page 45 1612 C 2 September 1,2005 access. Is this now not a principal access point, or how is this being addressed? MR. TYSON: First of all, this is in the old portion of the PUD. Nothing's being asked to be changed here. COMMISSIONER STRAIN: Right. MR. TYSON: Our interpretation of that is that was the access point that goes into Longshore Lake. That was the -- that was the request when this PUD was developed to say, leave a point where we can access the development to the east. That has nothing to do, as we interpret that, has to do anything with Valewood Village. COMMISSIONER STRAIN: Is Valewood Village to the east of Vale wood Drive? MR. TYSON: Yes, but all of Longshore Lakes is, too. COMMISSIONER STRAIN: Oh, I'm just wondering why you limited it then to Longshore Lakes. I understand your reasoning. MR. TYSON: I didn't change it. That's exactly what the wording was in the previous PUD. COMMISSIONER STRAIN: But your analysis limits it to believing it's just Longshore Lakes that this applies to and not to your development; is that right? MR. TYSON: That's correct. COMMISSIONER STRAIN: Okay, I'm just wondering how you concluded that. On 4.3, Band C were crossed out. Does that mean those were completed? A combination of -- in this case, no, neither one was completed. They were no longer detennined necessary with the water management pennit that now takes all of the water rrom this locale and puts it over into Longshore Lakes. Those were requirements. As a matter of fact, we were asked to clean this up by the engineering department so that those points were no longer in here because they were no longer necessary. COMMISSIONER STRAIN: I've been here for a long time, and I remember driving past that area when the canal to the south was being reworked. In fact, the machine that was reworking it knocked out a bunch of sections of that Cedar Creek fence that Longshore Lakes has around it, and there was a sign up at one time saying, see what they did. This says, the Immokalee Road canal shall be improved along the entire southerly boundary with Quail II project. If that got done, who paid for it; do you know? Because it looked like this PUD was obligated to pay it for it. MR. TYSON: No. I think what happened at the time, or between the original writing of this PUD and this, if you recall, South Florida came in and did a significant widening and bridge improvement project on that canal, I'm going to guess, about five or six years ago -- COMMISSIONER STRAIN: Yes, they did. MR. TYSON: -- and I think they were the ones who did it. COMMISSIONER STRAIN: Interesting. I have a lot of questions ofMr. Scott, so I thank you. MR. TYSON: Okay. CHAIRMAN BUDD: Any questions for Mr. Tyson while he's up here? (No response.) CHAIRMAN BUDD: Mr. Scott, looks like it's your turn. Oh, I'm sorry. I'm out of sequence. If that concludes the petitioner's request, or representation, then we'll move on to our staff report, and Heidi Williams would open that. MS. WILLIAMS: Thank you. Again, for the record, Heidi Williams, Principal Planner with Zoning and Land Development Review. This petition was reviewed by staff on a request for 12 units per acre, conversion of commercial property in the Quail II PUD to multi-family residential. Page 46 1612 C 2 September 1, 2005 Staff found that the petitioner's request did comply with the growth management plan and the land development code. The required neighborhood infonnation meeting was held on July 5th. It was well attended by area residents. Concerns were expressed by those who attended on traffic and the proposed density. You have before you today a revised PUD document explained by Mr. Tyson. You also received, for the record, additional correspondence that was received by me after your packet was sent to you. The zoning analysis of this petition is highlighted in the staff report and covers the transition of uses Mr. Tyson did explain. Essentially we looked at commercial development along Immokalee Road and the lower density residential to the north and east. This project could be viewed as a transition between something that is considered very low density and something more intense. The applicant was asked by our landscape review to provide a wall and place that requirement in the PUD. The land development code does require a commercial developer when building to provide that wall when adjacent to residential. Because the residential does follow, it was asked that this requirement be placed on the second applicant, in this case the residential property. In response to Commissioner Strain's question about the weir and the language that was removed from section 4.3, that was a request of our engineering department noting that those improvements have been made, and this language was now extraneous. Staff does recommend approval of the petition. And as I said before, it was reviewed at 12 units per acre. Certainly at nine units per acre that is now proposed with the additional stipulations given by the applicant staff is still in favor and recommends approval. I'd be happy to answer any questions you have of me. CHAIRMAN BUDD: Questions for staff? Mr. Schiffer? COMMISSIONER SCHIFFER: Heidi, what kind of review did staff do for the need for commercial in this area, specifically office area like that? I mean, obviously we know there's a lot of retail in the area. But is there any review as to whether this area needed office space to balance out everything? MS. WILLIAMS: We haven't reviewed what could be needed in the area. We simply reviewed the request made by the petitioner on what they would like to put in that space. COMMISSIONER SCHIFFER: Okay. But in other words, there's no concern over whether, to balance our community, it would be good to have commercial in this area, places where people go to work and stuff? MS. WILLIAMS: The petition was reviewed to look at what was proposed, and the multi-family proposed here and the surrounding area seemed to blend in a way that would be compatible. Office space in this location is not -- is allowed currently, but that's not what the petition is for. MR. SCHMITT: Mr. Schiffer, just for the record, Joe Schmitt, administrator of community development, environmental services. We don't evaluate an overall evaluation in regards to the commercial. That is market driven. If this is in commercial -- or it's within an activity center, certainly it's within one mile of the activity center and all the commercial zoned areas within that activity center. But in regards to a holistic review for commercial, that is not part of our review. That aspect is market driven. COMMISSIONER SCHIFFER: Okay. MR. BELLOWS: Especially on individual amendments, we're looking at an amendment that has to be consistent with the comprehensive plan, and staff has found, the comprehensive planning department's found it consistent, and there's no override -- there's no overriding commercial office policy that says a certain amount of office space has to be located in North Naples or whatever. There's just no plan for staff to go by. Page 47 16 12 C September 1, 2005 .. c COMMISSIONER SCHIFFER: So there wasn't any review like that. My concern is we're getting a lot of PUDs. Obviously residential's hot. They're converting a lot of commercial to res -- I mean, I hope we're not trying to solve the workplace housing problem by getting rid of the workplaces. I mean, the workforce housing. That's it. Okay. CHAIRMAN BUDD: Okay. Other questions of staff? COMMISSIONER STRAIN: Just one. Heidi, my memory's getting difficult at times. I know I've driven by Quail II before it was probably built, and Longshore Lakes. But do you know which one came first? MS. WILLIAMS: The Quail II PUD was adopted before Longshore Lakes was adopted. COMMISSIONER STRAIN: Did they have a common developer, if I'm not mistaken? Was that the Hardy group that developed both of those; do you know? MS. WILLIAMS: I'm not aware of that history. COMMISSIONER STRAIN: At some point someone had to, maybe Don Scott -- never mind. I'll save you. Don Scott's the guy that maybe could answer this. It has to do with Valewood Drive. MS. WILLIAMS: Okay. COMMISSIONER STRAIN: Thank you. CHAIRMAN BUDD: Go right ahead. COMMISSIONER STRAIN: Hi again, Don. MR. SCOTT: Hi. COMMISSIONER STRAIN: I think we'll build up to my question here so I can understand what I'm trying to say and give it to you in the most concise way possible. MR. SCOTT: Okay. COMMISSIONER STRAIN: There was a transportation study provided to us in contrast to the one provided by the applicant. This one was provided by Gray Calhoun and Associates. It came in our -- it came in one of our packages. Have you seen that? MR. SCOTT: I don't think I have then. COMMISSIONER STRAIN: Okay. Because they come up with a startling difference between traffic impacts of this project from the way the applicant saw it and the way they're seeing it. And I'm not sure that they even have got all the issues in there, but I didn't know if you had time to review it or not. When Longshore Lakes decided to connect into Valewood Drive, the Quail II was already permitted or zoned or had an order for 360 available units there. Longshore added 550. Now, I know Longshore is all single-family, and I know probably 300 of the 360 in Quail II is single-family, or at least a good portion of them, I should say. I know that 60 out front are Meadows, and I've already heard today that that's multi-family. But we've got close to say 800 single-family. The traffic counts done for this applicant's proposed project was done on the townhouse style, which is 5.7 ITE trip generation. MS. WILLIAMS: Uh-huh. COMMISSIONER STRAIN: Single-family comes in at almost double that, at 9.57 ITE trip generation. The reason that's important is, because when I generally understand PUDs to come forward to us, they try to show the best possible scenario for their trip counts on the road system. And if they have a mixed-use PUD with a commercial component, I have not seen one yet come through that hasn't taken advantage of the capture rate. MR. SCOTT: That's correct. COMMISSIONER STRAIN: And since two PUDs now exit through Valewood Drive, you've got a combined capture rate under a single-family category and ITE of over 800 units. Page 48 "W(, ~ 2 .J!,.un September 1'; 2005 c 2 Now, just on the Quail II -- let's forget Longshore Lakes, because I didn't realize how its interconnection occurred until today. But if you just take the calculation of 360 single-family times the trip generations rate 9.57, you get a daily trip count of 3,445 EDT. Twenty-five percent of that is what you would nOmlally allocate to internal capture if you had a mixed-use component; is that fair to say? MR. SCOTT: Yeah, 20, 25 percent. COMMISSIONER STRAIN: Okay. That's 1,361 EDT. They're claiming that there's 1,446 weekday trips generated by what they're proposing, and they're showing a net gain by the 230,000 square feet of commercial taken off of 10,087. But if you add the intentional capture rate that the PUD probably depended on to get approved in the first place, you've got to add 1,361 additional trips just for Quail II, and that doesn't include Longshore Lakes, which probably relied on the same benefit of internal capture rate, and it also doesn't take into account up to 10 or 15 percent bypass rate. Are all those logical conclusions to possibly come to? MR. SCOTT: I think you're hitting on it with the commercial side. Is getting rid of commercial everywhere best for transportation? No. If it's an area that you need it and -- the funny thing is that it would be better if you could pick exactly what it's going to be and then say, you know, this is what I really need in this area, and that will cut trips in a different part of the county, but you don't always have that choice either, so -- COMMISSIONER STRAIN: Well, what I did was calculated out, like I just explained to you, and I showed not that they have a positive increase on trip generation at the density they're trying to get of one-oh-eight-seven, they actually have a negative increase of790 EDT, and it only gets much, much worse by the time you add in Longshore Lakes. So, in essence, the loss of that internal capture kills the traffic impacts in relationship to what it could have been and what that PUD probably relied on at the time it was approved, assumingly your predecessor, if there was such a thing. When your department reviewed this, did you look at the internal capture rate that was logged? MR. SCOTT: And we've looked at different scenarios through actually having other submittals of it. If it was retail, office, and medical. If it was, you know -- different scenarios ITom trip-wise. Now, strictly, is that going to lower it on Immokalee right out in ITont, probably not. But does it help something ITom somewhere else? For instance, if someone ITom the Estates is coming in, and instead of going to Pine Ridge and U.S. 41, they go to this location, yeah, it helps the network out. And that's the problem with, you know, specifically saying that all commercial's bad or residential's what we want in certain areas. Now, I know you kind of touched on this, there are a lot of locations around the turning ITom residential to commercial. Are we meeting the future demand for the whole entire population of the county? That's a concern of ours in transportation. Is it specifically at this location? No. I'm a little less concerned, obviously, because we have a lot of commercial at the comer of -- or retail at the comer of 1-75 and Immokalee. As we get further out towards the Estates and some of the things that have changed recently, yeah, we're very concerned by that. MR. SCHMITT: Don, if I could just interrupt for a minute. I mean, you -- as the planning commission certainly can recall, we had another petition which was clearly commercial where staff recognized it was a needed entity, that was the commercial site on 951 just south of Immokalee Road, and, of course, that was going -- that went down in defeat, and now you're going to see that project come back as a mix of residential and commercial. So we recognize in some areas of the county there is a desperate need for commercial sites because we want to bring that capture rate away ITom the urban area, or at least in areas where we know where Page 49 1612 C 2 September 1,2005 growth is taking place. So it -- many times it depends on the mood of the community because that one went down in flames, so to speak, if you use the analogy, because the residents in and around that proposed site were totally against it. COMMISSIONER SCHIFFER: And back to the other question. I mean, good planning isn't based on mood, isn't based on marketplace. It's based on good planning. MR. SCOTT: Yeah, but -- and even if you can get the residents of a neighboring place, let's -- you know, no specific place, they want to have reduced, you know, like office, a reduced use. But, you know, look around the county, we need gas stations for crying out loud, and -- but does anybody want a gas station next door? I mean, that is a problem for our future planning. COMMISSIONER STRAIN: Well, Don, in looking at the TIS that was supplied, they are indicating that they have a -- only a couple segments exceed the di minimis impact. It didn't take into consideration the argument that I just proposed to you, so I certainly would question the validity of the entire TIS in regards to its impact of the PUD on the roads when the internal capture rate is taken away. And also, as you indicated, Estates people and other people may pull into this thing, so your bypass traffic of 10 to 15 percent, all these percentages that are recommended uses by ITE, and I see continually when these projects are initiated, developers take advantage of them. Well, it may work in the opposite effect for something like this. And also on that intersection that's being planned for 1-75 and Immokalee Road, in your analysis of the road system versus this change, did you take the Target into consideration? I know the Wal-Mart's already up and running, but the Target is not. MR. SCOTT: Yes, yes. And one of the things, if from a -- if you look at what I submitted to you last year for the AUIR, in the capacity in there, it did not assume the loop, it did not assume six lanes onto the interstate. Now that we've gone to the board and got approval for the right-of-way at the Target, and we're moving forward with FDOT with that project, the capacity's increased on that segment of roadway also. So not only do we have the impacts of their developments -- which actually, if you look at it from the model, was higher anyway, because that -- when Target went in, it had a much higher square footage, and they've reduced that. It was -- I don't know, it was like 400 something down to 325, or whatever it was originally. COMMISSIONER STRAIN: Okay. Well, that's all I've got, Don, thank you. CHAIRMAN BUDD: Yes, Mr. Schiffer? COMMISSIONER SCHIFFER: I have a couple of Don. Don, review the traffic study, isn't the flow of the commercial essentially the opposite of the residential? In other words, in the morning when everybody's leaving the residential thing, the commercial people are coming in the opposite way, and-- MR. SCOTT: Yeah. COMMISSIONER SCHIFFER: -- essentially, you know, to be balancing that this is a lesser flow. It's an opposite flow, too, isn't it? MR. SCOTT: Yeah, it can be an opposite flow. Obviously it will be different if it ended up being -- for instance, retail it might be a later peak than the morning peak. So, you know, it depends on what type of uses it ends up. COMMISSIONER SCHIFFER: Another question, too, is, I've been in there in the morning, and it's really kind of difficult to come out of there; there's a lot of backup. Would it be a good idea to connect Valewood through this -- the Executive Drive by the gas station? Wouldn't it be wise to add another outlet for this neighborhood, something further away from the Oaks light and everything? MR. SCOTT: In some of the issues specifically where signals are going to be in the future, one where you've got -- we're doing -- Immokalee is the design build. The design hasn't started because it is Page 50 16J2 C 2 Sèptemoer 1,""'2005 - design build. Within about three months we'll be kicking that project off. Weare looking at some of the access issues. Obviously, people want to keep their signals, but the more signals, the worse the level of service is going to be in the future. Logan, obviously, is going to be a signal in the future also, to the south and to the -- you know, the southern portion, widen -- we're doing the new roadway from Immokalee down to Vanderbilt, the new two-lane section, and then the developer's doing the section from Immokalee up to Bonita Beach also. COMMISSIONER SCHIFFER: But the question -- I mean, you know, where Valewood comes in is very close to Oaks. MR. SCOTT: Yes. COMMISSIONER SCHIFFER: And it's obviously extremely difficult to even stack. Wouldn't it be wise to add another alternate route out ofthis development? You know, there's a lot of claim that this is an interconnected development, but it isn't really an interconnected. It's an only-connected development. MR. SCOTT: And you're hitting specifically issues that we've tried to address previously with the neighborhoods up there. I don't know where we're going to end up. Valewood was put up as a temporary signal. That's not, I believe, where they want to end up. The thought behind that was at one point Oaks was talking about removing their signal. I believe they want to keep their signal there, too. We -- end result is we don't want them that close together. And I know where you're going from there. And are we going to get there from an interconnection? I don't know. COMMISSIONER SCHIFFER: But wouldn't it be -- as we're looking at this piece of land here-- because it's -- where they want access, wouldn't it be wise for that access to come all the way through their property, come out onto Executive Drive and give that extra access? It wouldn't add traffic to the neighborhood. If anything, it would peel traffic off in two ways. MR. SCOTT: It makes sense. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN BUDD: Any other questions of staff? (No response.) CHAIRMAN BUDD: Okay. There being none at this point, are there registered public speakers? MR. BELLOWS: We have about 14 registered speakers. CHAIRMAN BUDD: Okay. MR. BELLOWS: The first one is Bob Shafto, and I believe he has a PowerPoint presentation. CHAIRMAN BUDD: As there are so many speakers, I just want to make a point. The official policy is that individual speakers will be limited to five minutes on any item. Individuals speaking on behalf of an organization or group may be allotted additional time. And it has been my policy as chainnan of the planning commission that as long as we're receiving new, competent, and credible testimony, that it is not redundant, we'll extend whatever time is necessary. But as we may possibly receive redundant testimony, at that time I'll call the speaker and try to hear new and fresh testimony so that we can consider the issues. Sir? MR. SHAFTO: Yes. Mr. Chainnan, my name is Bob Shafto. I'm the president of Quail Creek Country Club, and I've been asked to speak, in addition to the country club, for the Estates, so I would like a little more time, if! could. I think I can get this done in a little less than 10 minutes. I'm going to make some introductory comments as an overview here, then I'm going to talk about our position, the position of Quail Creek and the Estates, talk about our concerns and make some arguments about compatibility and about the impact of traffic on this project, and then make some Page 51 1612 C 2 September 1,-£005 - summary comments. If you'd like to interrupt me as I go through this and ask questions, feel free. Make them easy though, would you? As a quick overview. There are three communities that share Valewood. To the north is Quail Creek Estates. By the way, that's about 25 years old this year. To the east is Longshore, Both ofthose are single-family homes. And then we have the Village and the Meadows to the left, and then the property that we're talking about. Valewood goes right through the middle of this property. At one end is a gatehouse at Quail Creek Country Club and at the other end is this traffic signal. You can see Longshore over to the right. Now, this property-- COMMISSIONER MURRAY: Stop a second. MR. SHAFTO: The Valewood Drive goes through this property. It's approximately eight-tenths of a mile. It's a constrained road. There's nothing we can do to modify it. It's the sole access, this stop light, to three gated communities with 1,183 homes, And by the way, 94 percent of those are single-family homes. COMMISSIONER MURRAY: Sir? MR. SHAFTO: Sure. COMMISSIONER MURRAY: Could you go back three -- two, before? MR. SHAFTO: Sure. COMMISSIONER MURRAY: I just -- MR. SHAFTO: That one? You want me to go back one more? COMMISSIONER MURRAY: Would you point out to me, if you could, where the gatehouse is there? MR. SHAFTO: The gatehouse, I have an arrow there. At the very -- COMMISSIONER MURRAY: Is that the gatehouse? MR. SHAFTO: That's the gatehouse of Quail Creek Country Club, and it dead-ends there obviously, unless you can get in, and it dead-ends at the traffic signal, and it's eight-tenths of a mile. COMMISSIONER MURRAY: Thank you. MR. SHAFTO: Now, in addition, Quail Creek Country Club is a member-owned country club. And we got a letter because we're in standing as an abutter, and there are some 420 or so non-resident members that use this street, plus we have 160 employees that use this street, and so we've got a lot of concerns, as you can see. Today we have problems. I've been told -- I don't go to work. I'm retired. But I've had a lot of people tell me, that going to work in the morning, they can see 15 to 20 cars and have two and three light changes. Our primary problem is a.m. peak hour, but, of course, we have problems in the afternoon. Now, I took that picture yesterday. We've got substantial backup every morning at that light trying to get out of there. Kind of a nice-looking picture, isn't it? Now, we're opposed to this amended POO. We're opposed both to the density of nine units per acre, and we're opposed to the development standards of 45 feet and three stories, because we think they are incompatible. We proposed six units per acre, building heights of no more than 30 feet, two stories, and 1,600 square feet. Our concerns to begin with on compatibility of the neighborhood start with -- it's my understanding from reading the land development code that the calculation of residential density is you take the number of dwellings and you divide it by the gross acreage, excluding any existing residential and commercial property. If! do that calculation for Quail Creek with 291 single-family homes on 640 acres, it's less than one Page 52 ... Jp~mle?t, 2~5 ~ unit per acre. If I do that calculation for Longshore with 566 on 346 acres, it comes out to 1.97. The Meadows and the Village are now legally put together into one community. When I do that calculation for the Village, I get 1.9. Now, the applicant has been saying that he can blend the densities, and he can take his higher densities and blend them with the lower densities of the Village in order to come up with a number that makes this work. We -- our analysis says the only way you can blend density is if you have unified ownership, number one, or you've got an environmental sensitive land. That doesn't seem to exist in this. It seems to us this proposal is incompatible with both the growth management plan and the land development code, and I can't fmd any wording in there that talks about the feeling that you get, as they are talking about the feeling that you get when you look at it. Now, a concern about traffic. WilsonMiller did a very, very good job, very thorough job, made a point in their calculation that there was going to be more traffic with commercial, as they said, maybe 40 percent, than with residential, but there were unanswered questions as we read that material. The first point that we want to bring up is that the existing commercial zoning, its primary access as described by the traffic impact analysis, is on Commercial Drive, as compared to the residential site plan, which has the primary access on Valewood Drive. Now, somebody mentioned that commercial will be going in the opposite direction, and that would be going in and out of Commercial Drive, where the Valewood for residential would create a substantial problem on our traffic light, and we didn't feel that was adequately addressed in that analysis. So we contacted a company in Tampa, Gray Calhoun and Associates. By the way, they're doing the automation of the traffic lights right now for Collier County. And I said to them, you're not doing a very good job, because they're not working. They said, well, they're not done -- we're not done yet, he said. We've got a lot more work to do. Anyway, it's a very credible organization. And we asked them to use the Institute of Traffic Engineers' trip generation study to estimate the impact of this project over and above existing residential traffic. And what they've calculated with that ITE trip study is at 10 units per acre there would be an additional 1 ,255 cars per day over and above the existing residential. Now, the proposal -- this has been a moving target in our discussion with the developer -- at nine units per acre, that number is 1,150 additional cars per day. I found an interesting comment here in the community character plan, it essentially says, Collier County's made up of pods of isolated developments, and we are clearly one of those, with limited mobility, and it's primarily the cause of traffic congestion. We think that over time Immokalee Road will get just ever increasingly more congested. The residential build-out study said the majority of the population, when it's built out, over 55 percent would be east of 951, and they're going to be using Immokalee and creating a problem. And then when you add in these two retail stores adding thousands of cars, we are very concerned. That picture was taken yesterday at about a quarter of eight. Now, that's off season. We're not in compliance now with the concurrency management rules. And even with the development of adding additional lanes, we are very concerned about the impact at our light. Now, from all this, it's our conclusion -- we don't do this for a living like you do. It's our conclusion that the road system is the limiting factor. It sure looks like the road system ought to control densities. And we have read that the density bonus is discretionary. We've also read that it requires compatibility with surrounding neighborhoods, which we would argue it doesn't. We would urge you to apply your discretion to this situation, and we think it makes good Page 53 1s~eL~r ¡,Goof sense. In summary, we don't think it complies with the goals and objectives of the growth management plan. We think it would create a traffic problem for us that's unacceptable. We think we're looking at the perfect storm, gridlock and delays and backups, and we think the impact of all of this will be on our property values. We have a very large number of letters. In fact, we have -- we're ready to submit right now an additional 360 letters, for the record, whoever's supposed to take those, That produces 1,082 people that have signed supporting our position. And I'd ask now if anybody in the room that supports the position, please stand. Thank you, Mr, Chairman. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: The next speaker is Hal Rosen, followed by John Wooldridge. MR. ROSEN: I'll defer to Mr. Wooldridge. MR. WOOLDRIDGE: Thank you for hearing us, I am the president of the Quail Creek property owners' association. And as Mr. Shafto presented a statement for both the country club and the property owners, I just want to say that obviously the property owners are in full agreement with the presentation that was presented, and I won't waste any more of your time, CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: Don Stone, followed by Dr. Robert Ackles. MR. STONE: I withdraw my request to speak in view of the last two speakers. CHAIRMAN BUDD: Thank you. Next speaker, please. MR. BELLOWS: Dr. Robert Ackles, followed by Terry Schindler (sic). DR. ACKLES: Good morning. Thank you for allowing me to speak. My name is Bob Ackles. I'm a homeowner and resident at Quail Village. And during August, another resident and homeowner, Dick Molten, and I sent letters out and a questionnaire out and requested that those who agreed with the questionnaire should return it to us. The questionnaire stated as follows: I am opposed to the rezoning of Quail II PUD to multi-family residential permitting 260 residential units, 12 units per acre in three- and four-story buildings. The developer's proposal is clearly not compatible with the three communities serviced by Valewood Drive and would significantly increase the traffic congestion at Valewood and Immokalee intersection. I support Quail Creek Country Club and the Quail Creek Estates Homeowners' Association's position that a maximum of six units per acre, limiting the building height to two stories, a minimum unit size is 1,600 square feet, aesthetic landscape buffers on Valewood Drive and adjacent to off-site traffic controls would be more in keeping with the surrounding residential communities and minimize the impact on current traffic conditions. In response to this questionnaire, we have received from Quail Village 211 affinnative answers. We have 285 residents, so this amounts to 80 percent of the residents. Now, some may say that Quail Village is adding the Willows, and they'll be under our aegis, but it's impossible to survey those people because the Willows consist of a vacant lot and a few cement blocks right at the present time. So I think 80 percent is pretty significant, plus the fact, if the Willows were present and this development was going to go in right across the street from them, I submit that possibly the same Page 54 1612 C 2 September 1, 2005 - percentage, 80 percent, would vote against this development. So thank you for listening. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MS. BELLOWS: Terry Schneider, to be followed by Robert G. Myers, and if Mr. Myers could come up and be ready to speak right after. MR. SCHNEIDER: My name is Terry Schneider, and I'm a resident of Quail Creek Village and a member of Quail Creek Country Club. I was sent several petitions during the summer to Kentucky and signed the petitions in the affirmative. The neighbors, my neighbors, asked me to support the density of six versus 12. Subsequently, I didn't realize that the commercial -- the property is already zoned commercial. I believe that if the -- there's not some accommodation between all the parties, that the property can be developed -- will be developed commercial, possibly. I think a more compatible use for the property would be residential, and I hope some accommodation can be made. Thank you. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: Robert Myers, followed by Marilyn VonSeggern, if she can also come up and be ready to speak. MR. MYERS: Good morning. My name is Bob Myers. I'm president of Quail Village. Quail Village is both a residential community, and we own a golf club. You heard all kind of numbers this morning, and probably that's the nature of your role. Our board represents 1,000 plus people. I'm including husbands and wives, both our residents and our golf member community in that number. The four communities that are here represented this morning represent about 4,000 members, both husbands and wives, so it's a substantial number of concerned citizens. Heidi Williams mentioned the -- in her staff report and referred to it at the information meeting that was conducted in early July last month -- in that meeting where there was lots of discussion, there were 85 people out of 4,000 that attended that meeting, and there was a reference made that one of the residents was going to circulate petitions, and you have received hundreds and hundreds of petitions. Our board supports the application as it currently stands. We -- we are concerned about the density question because there could potentially be an economic impact if that density were lower on the developer, and it then could revert back to its current status of a commercial development, as was discussed earlier on. We're not in support of the six or seven density. Weare in support of the PUD application as has been presented. We all have concerns about traffic. We all have a legitimate concern about the impact on our real estate values. And, again, just to close out, our board unanimously has voted for support of the application that has been applied. So we're representing the 800 folks that have not signed petitions. Thank you. CHAIRMAN BUDD: Thank you, sir. Yes, ma'am. MS. VonSEGGERN: My name is Marilyn VonSeggern. I live at 11011 Linnet Lane, Longshore Lake, Naples. My husband and I own a home in Longshore Lake that directly abuts the eastern border of the proposed Valewood Village. Among all the parties presenting information to you today, I believe our family and our neighbors have the most to lose or gain by your decision, and several of my neighbors are here. All those people that didn't stand up are my neighbors. Page 55 1612 C 2 September 1,2005 My husband and I are here to urge you to recommend the rezoning change from commercial to residential as requested by the applicant, lED of Southwest Florida, With upscale residential communities on three sides of the proposed Valewood Village, residential zoning is more compatible than commercial. Under this rezoning, lED Development has agreed to several concessions, and I'm not going to repeat them because you heard them prior. We have no such guarantees with commercial development. If Valewood Village is granted the ability to be a gated community, we will also have added security on the eastern perimeter of Longshore Lake. With apologies to Mr. D'lamoos, the devil you know is better than the devil you don't. The nit-picking over which traffic study is correct or whether eight or nine, or six or nine units per acre is better is quite insignificant compared to the negative impact unrestricted commercial development could have. I have pictures that I took over at the Strand and Carlton Lakes. And I'm sorry I didn't have a PowerPoint presentation to show you what it looks like to have a three-story office building with no setbacks. Weare talking about the quality of life we have in Longshore, the property value of our homes, and the importance of having good neighbors. In my view increased traffic is a non-issue. No matter what is built, traffic will increase on Valewood. No one knows for sure what that will be. Valewood is not the issue. Immokalee Road is the issue. Other communities such as Quail Village, Quail Creek Estates, and Quail Creek County Club have been invited to provide input on this petition. Some of those groups have opposed the request as it stands. They are pushing for density undoable by the developer, which will result in a default to commercial zorung. I think you will agree with me that 90 percent of the impact of this development will be felt by Longshore Lake residents. Quail Village will be affected by the view from their homes, but at a distance. The boards of directors of both Longshore Lake and Quail Village support the rezoning request. I believe the needs of these two entities far outweigh other communities in the area. Maybe if I were a member of Quail Creek Country Club, the only thing I would worry about would be the traffic. I don't think I would though. I think I would consider the total effect on my neighbors. Quail Creek is a remote development from this project. I hope you will weigh the impact from the most affected, not just those who drive by. I urge you to recommend approval of this petition to the Board of County Commissioners. Thank you. CHAIRMAN BUDD: Thank you, ma'am. Next speaker, please. MR. BELLOWS: William VonSeggern, followed by lames Kirk, and if he could be ready at the podium, too, MR. VonSEGGERN: My name is William Arthur VonSeggern. I live at 11011 Linnet Lane, Naples, 34119. I would like to note that my address -- by my address you notice that my wife and I live on the western border of Longshore, directly abutting the parcel under consideration for this zoning change request. I would like you to envision in your minds the view from our lanai as we sit outside in the evening looking west in approximately the year 2009. If the property is developed commercially, we would be looking at a brick structure 50 feet tall, lighted all night long by sodium vapor lights; we would smell the odor from the dumpsters and the byproducts of various industries; we would have the vermin and other Page 56 1612 C í:: ~. September 1, 2005 ... things of nature that would come across into our property ITom the commercial. We would feel insecure since it's possible for people in the ungated commercial property to leap the wall onto our property and thus bypass our security gate system; we would be hearing the sounds of garbage trucks in the wee hours of the morning, the voices of patrons leaving a restaurant at 11 or 12 o'clock at night saying goodbye to each other, and the sound of delivery trucks coming to resupply the stores. If the property is zoned residential, we would be looking at a brick structure 35 feet tall, lighted all night with shielded, ordinary street lights. The only odor we might endure would be ITom an occasional barbecue. We would have the security of knowing that the security gates in the community would act as a second level of protection for us; we would be hearing the wonderful sound of silence, with the exception of an occasional car door closing as residents come home ITom an evening out. From someone who loves to sit outside in the evening, my wife and I feel that residential is the best choice for our neighborhood. CHAIRMAN BUDD: Thank you, sir. Next speaker. MR. BELLOWS: James Kirk, followed by Robert Lewan. MR. KIRK: Hi. My name is Jim Kirk, and I'm the vice-president of the Board of Directors for Longshore Lake. Longshore, as you mayor may not know, is a middle-class community, teachers, firemen, policemen, small business owners, civil servants, retirees, and several young professional families. Traffic in season is unbearable for all of us. Traffic out of season is very -- is just tolerable; however, no one can say for sure if commercial or residential zoning will produce more or less traffic. We all worry about getting in and out of the community in order to go to work, to shop, keep doctors' appointments, and run errands. Quail Creek Country Club members and residents of Quail Creek community seem to have, as their only,concern, traffic. They have many members for the country club, and they have a smaller community than we do, and they are stuck in traffic just as we are. They first were against the rezoning, and, in fact, sent out a petition to all the members of Quail Village and to their members and to their employees and to their country club people. Then two weeks later they changed their mind and they sent out another petition to the same people opposing the -- I'm sorry -- favoring the new proposal, but at six units an acre instead of what was then proposed. They are as informed as we are that the developer at six units an acre will resort back to commercial. We've been told that, and we believe it. We don't have their resources to hire a high-priced law firm to present you with a fancy PowerPoint presentation. We also don't have the resources to hire an outside traffic expert to represent us. Weare, however, the only community -- and I want to stress this. Weare the only community that is coming before you that is directly affected by this rezoning. If you look at what's on the screen now, Longshore Lake abuts with 24 houses backed up to what could be four- and five-story commercial buildings. That's 24 families. And across the street ITom those families, you'll notice there's another 20 to 30 houses that will look across the street to that commercial property. These are the families that have to live with whatever is built here. They're our residents, and they are, as I said, the only residents whose property values and quality of life will be directly affected by what is built on this property. On their behalf, our board has worked with Mr. D'Jamoos to minimize the effects on these residents. He's agreed to just about everything we have presented to him; buffering between the property, Page 57 1612 C 2 September 1, 2005 ~ paying for the flow of water into our lakes and helping with our lake maintenance, paying for the landscaping and upkeep on Valewood Drive, and keeping the buildings that abut our property at no higher than two stories. Our residents have told us that they much prefer this than having commercial property next to them. We feel the quality of life and property values of our middle-class working families and our retirees is worth much more of your evaluations than the complaints of our affluent neighbors and country club members who may spend a few extra minutes in their autos. For those reasons, the residents in Longshore, who I am -- excuse me -- who I am representing today, request that you grant this rezoning. Thank you. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: Robert Lewan -- CHAIRMAN BUDD: Mr. Schiffer, did you have a question? MR. BELLOWS: -- followed by -- COMMISSIONER SCHIFFER: Yeah, I did. MR. BELLOWS: -- Richard Brinson (sic), and ifMr, Brinson could be-- CHAIRMAN BUDD: Excuse me. Mr. Schiffer, did you have a question for the last speaker? COMMISSIONER SCHIFFER: I did. Just a curiosity, which came first, the PUD or Longshore Lakes? I mean, it looks like this vacant lot -- COMMISSIONER STRAIN: That was already answered. It was the PUD. COMMISSIONER SCHIFFER: Okay. So these people in Longshore Lakes knew what was there when they bought into Longshore Lakes? COMMISSIONER STRAIN: I don't know if they knew, but the PUD for Quail Creek was approved prior to the Longshore Lakes projects. MR. KIRK: I've lived in -- excuse me. I've lived in Longshore Lake for 13 years. Almost 14 years ago we bought our lot. At the time we bought and at the time many of these people that abut that property 'bought it was zoned commercial, but it was zoned for assisted living and nursing home, and that's what they were told was going to be built in there. That was the original zoning, or that's what we were told when we all bought. COMMISSIONER SCHIFFER: But in the PUD it's classified as commercial with those two uses allowed within there. So do you think you weren't told that it was commercial or -- MR. KIRK: We were told it was commercial, but it was commercial for an assisted living facility and a nursing home, and that was changed later on. Mr. Hardy changed it, and I'm not sure at what point, or had it changed. COMMISSIONER STRAIN: Sir, let me clarify. In the PUD that was approved back in, I think it was '92, section 3.3Al, it says, permitted principal uses and structures, commercial uses as listed in the C-3 commercial intermediate district. Then it does go on to sayan ACLF could be there. But all the uses in C-3 were already in the PUD back when that was originally signed in. MR. KIRK: Okay. So all the uses were available, but it was stated when these people moved in. Because I know the question has come up, well, they should have known something was going in there when they moved in. They did, but they were all told it was going to be, at most, a nursing home with an assisted living facility. Thank you. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BERENSON: Good afternoon, almost afternoon. I'm Richard Berenson. I live in Quail Creek Estates. I thank you for your dedication and concentration. It was most impressive. Page 58 16J2 C a Sèptem'6er 1, 2005 We had a neighborhood information meeting, but it didn't include any of the specifics that have been talked about today, and so many of our residents who attended that meeting are not aware of all these nuances that have taken place today and new discussions. I think there should be a new neighborhood meeting to make everybody aware of the discussions today. Furthermore, a point that was brought up earlier in the prior application had to do with school buses, and that was never discussed. And those kind of buses will certainly increase the problem to Valewood Drive entrance and exits. Also not mentioned is the substantial danger to the aging population of Quail Creek Estates and the other Quail properties. Emergency trucks will be totally unable to get into and out of Vale wood Drive to assist any resident in the need of emergency vehicles. It is horrid as you see and as you observed on the pictures. And in season it will be worse, and this will present a clear and present danger to the people who are residents at Quail Creek. I also suggest that Executive Drive be considered as the main entrance and exit for this project of an additional 21 acres. And lastly, anything that you do should be totally delayed until Immokalee is finished. Immokalee is a mess now and it's going to be worse as the construction -- and we are in the third phase, so it will be another year or two before this part is fixed. And we need -- we need that extra time for the entrance and exit to service us so that -- you should delay this until the road is complete in our area east and west of us. Thank you. COMMISSIONER MURRAY: Sir? Sir? CHAIRMAN BUDD: We have a question for you. COMMISSIONER MURRAY: I have. You mentioned about emergency vehicles being unable to access, and I would like you to clarify that for me. I'm not clear on that. MR. BERENSON: If you increase traffic to the point that we discussed, it will be more difficult for emergency vehicles to gain access and exit. With the line of traffic that you saw, they can't jump over the cars that are lined up every day. COMMISSIONER MURRAY: Oh, that's what you meant, okay. Thank you. MR. BERENSON: Yes. Thank you. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: Robert Lewan, followed by Garry Larkin (sic). MR. LEW AN: Thank you for the opportunity to voice our concerns in support of the rezoning request of JED of Southwest Florida fÌ'om commercial to residential. My name is Robert Lewan, and I am the Board President for Longshore Lake Foundation. As a complex directly abutting the 2l.7-acre parcel of land under discussion, our community fÌ'om the outset favored residential over commercial. This was concurred by our Board of Directors vote on June the 19th, 2005. Concessions were negotiated with the developer that have now become part ofthe PUD. First of all, we support the rezoning request. Secondly, we support the density of nine units per acre. This is a reduction fÌ'om the developer's original request of 12 units per acre. Unfortunately, this has become an issue with our neighbors to the north, Quail Creek. They favor a lower density of six units per acre. We attempted to reach an agreement of eight units per acre, a figure they broached us with on July the 20th and then rejected at a meeting on August the 29th. As of yesterday afternoon, we still had sought to be unified on the rezoning request to no avail. The developer has maintained all along, and all parties were informed, that a figure of six units per Page 59 1612C 2 September 1,2005 acre would not be economically acceptable and he would revert to commercial. Weare aware of the traffic problems that may occur but believe residential would be a better neighbor than commercial. Of the planning commission's information, the Longshore Lake community residents homes exceed the combined Quail Creek communities, and we are the most affected by what is developed on this parcel ofland, whereas Quail Creek is approximately a mile away from the forthcoming development. To support our stand, we have our people -- ifthey would please stand. These are just some of the people, including well over 200 petitions that we presently have here, and several hundred back at the office that has to be tabulated per resident. Your concurrence to the lED rezoning request as presented would be most appreciated by the people involved. Thank you. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: Garry Lakin, and followed by Frank Barickman. MR. LAKIN: Thank you. My name is Garry Lakin, and I live at Quail Creek Estates, excuse me. I have four points that have not been mentioned to date. One is it was mentioned by the petitioner that he would be allowed to have 16 units per acre if he went to residential, that was allowed under the zoning codes in Collier County. I believe a careful reading of the zoning codes and also reference to the second evaluation and appraisal report in Collier County would indicate the opposite of that. For example, in the EAR report, it is mentioned that in conversion to commercial zoning, new development that involves the conversion of vested commercial developments may receive an application -- allocation, pardon me -- of 16 units per acres for every one acre -- 16 units per acre for every one acre of commercial zoning being converted, but then it says, this bonus does not apply to new development within the mixed use activity centers or interchange activity centers. And we've heard testimony before today that this PUDA is -- lies within those activity centers and the interchange activity center, so I don't think that 16 units is feasible or allowed under the zoning. Number two item that the developer said -- pardon me. They talked about access on Valewood Drive being permitted, and Mr. Strand (sic) mentioned that that wasn't his reading, and nor is it my reading. Under the Quail II 2 PUD, the original PUD, section 4, general development commitments, part 4.1D provides that space shall be reserved to permit a future minor street connection between Valewood and lands to the east and goes on from there. It is clear in the original PUD that the only access point for this property would be a minor access point. The major access points should be at Executive Drive and Commercial, which solves a lot of problems for whatever is developed in this site if that access point is at the southeast comer of the development that slides the traffic over there, and that's been mentioned. Two other points that have been mentioned today, and one is that the Longshore residents have testified, or some residents have testified, that they oppose commercial. This was commercial. It always has been commercial. They knew when they bought it, it was commercial. It's -- what the problem here is, at the initial -- initial neighborhood meeting, the developer stood up before us and said, you really don't want commercial because, and then he went through these threats of lights all night and garbage containers. He ignored the parts of the zoning codes that prohibit such interferences. But he put the scare in the people who are adjoining the property. They don't want to see that, and so they are justifiably afraid of what the developer threatened he would do if the development went commercial. Page 60 1612 C 2 September 1, 2005 And my last point is that the board's presidents of Longshore and the Village testified in opposition apparently to what I think is a majority of the petitions from the residents. So you have -- I believe there is a divided constituency at best, and perhaps the board is out of touch with the constituents. That's a possibility. In any event, I hope that a compromise is reached, and I thank you for your time. CHAIRMAN BUDD: Excuse me, sir. I think Mr. Strain had a question. COMMISSIONER STRAIN: Yeah. It's actually a follow-up to staff on his first concern involving the GMP. Could you clarify that. It involves the density bonuses. MR. BELLOWS: Yeah. I have the memorandum from Jean Jourdan, who's with comprehensive planning, and basically the density rating system applies to the PUD overall. It allows for conversion of commercial, not commercial within an activity center, but commercial zoning. This is a PUD with commercial zoning, so, therefore, that is eligible to be calculated towards conversion of commercial in that provision of the land development code. So it does apply. COMMISSIONER STRAIN: Do activity centers allow a conversion of commercial to residential? MR. BELLOWS: The provision is for commercial zoning. COMMISSIONER STRAIN: In a PUD. Is it for anywhere in an activity center? MR. BELLOWS: It doesn't necessarily have to be in an activity center. It can be commercial outside of an activity center. COMMISSIONER STRAIN: Can it be in an activity center if it was not in the PUD? MR. BELLOWS: Yes. There are provisions in the land -- or in the growth management plan that allow for PUD commercial outside of activity centers. There are certain criteria they have to meet. COMMISSIONER ABERNATHY: Inside. COMMISSIONER STRAIN: Okay. The reason this is -- I'm trying to ask is because if this gentleman's hit on an issue, I just want to make sure it's clarified for the record. You have an activity center. Within the activity center you have a commercial piece. Let's say it's 21.74, acres, not relating to this one. And you wanted to convert that to residential. It's in the activity center; it's not part of the PUD. Could you convert that to residential? MR. BELLOWS: You would have to go through the zoning. It does allow for -- the growth management plan does allow for residential, so you can convert it. COMMISSIONER STRAIN: I think that's what -- CHAIRMAN BUDD: That's a yes. COMMISSIONER STRAIN: -- I'm trying to find out. MR. BELLOWS: Yes. COMMISSIONER STRAIN: Sorry for putting you on the spot, but I wanted to get it clarified. MR. BELLOWS: That's all right. I just wanted to understand your question. COMMISSIONER SCHIFFER: Wait. Isn't the intent of that for isolated commercial properties? I mean, we discussed that in great length at the workshop. We decided to get rid of it because it was something that didn't make sense with the smart growth. It was just that if you had an isolated piece of commercial property out there somewhere, you could turn that in and ask for 16 units an acre or -- I still don't see how -- MR. BELLOWS: That was the intent of the original creation of that. COMMISSIONER SCHIFFER: I mean, this is next to commercial property. I mean, this isn't an isolated parcel. MR. BELLOWS: The codes don't make that distinction though, so -- CHAIRMAN BUDD: Okay. Thank you, sir. Appreciate your presentation. MR. LAKIN: One other point. You're mentioning, if I may -- that -- one other premise that's been Page 61 16 12 C 2 September 1, 2005 mentioned here before, and it was mentioned briefly in the presentation by Bob Shaft:o, and that is the right of this developer to come in and claim unified ownership of his PUD, his 21 acres, so he can see if he can get his property rezoned without the consent of the owners of the rest of the PUD, yet he wants density spread over the whole PUD. You have a situation in the Collier County code that, in my mind, is inconsistent, it has not been challenged legally in court, there's no case law, there's no rulings, there's no definitions, it's ambiguous, and there's a right of people, neighbors and homeowners' associations, to challenge this, if the developer has the right to go -- to have the definition go his way both times. For purposes of unified ownership, he talks about the small PUD, 21 acres. For purposes of blending the density, he can talk about the 194 units. There's that inconsistency, and I think that at some point the Collier County board is going to be challenged on that ambiguity in the code. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. COMMISSIONER SCHIFFER: Maybe before he leaves, he did bring up another good point, Ray that you could answer. Is the original access to this PUD, isn't there only one access point on the original PUD to the commercial, and that's to Executive Drive? In the documents we've been getting, which are really pretty crude documents, it does show all the access points, and it only shows one allowed down on Executive Drive, right? MR. BELLOWS: I think Heidi has the master plan and can take a look. MS. WILLIAMS: Heidi Williams, Zoning and Land Development Review. In your staff report, there are two master plans. One is the original adopted master plan, and that does not indicate where the access points must be located. COMMISSIONER SCHIFFER: The original one? MS. WILLIAMS: The original one does not. COMMISSIONER SCHIFFER: I take exception. It shows the location of Longshore Lake, it shows the location of all the access points, and it shows this one down at what ultimately became Executive Drive as the only access point for the commercial. COMMISSIONER STRAIN: I have the original PUD, if you'd like a copy. And I think you're right. The original master plan doesn't show the access points attached to the PUD. Is that the one you're referring to? COMMISSIONER SCHIFFER: Well, I mean, the documents we got on this are probably the worst documents we've ever gotten, yet, this is a pretty critical issue. But I do think it -- I mean, what little it shows, it does show the access points, so -- CHAIRMAN BUDD: Mr. Strain has the original PUD, and he's going to put the map on the overhead scanner so we can all view it. And that's it. COMMISSIONER SCHIFFER: And that's the access point. MS. WILLIAMS: Which access are you referring to? COMMISSIONER SCHIFFER: That little black mark coming in, What do you think that is? I mean -- MS. WILLIAMS: Right there? COMMISSIONER SCHIFFER: Yes. No, no, no, no. COMMISSIONER ABERNATHY: Down at the -- COMMISSIONER CARON: Move to Imrnokalee. There you go. COMMISSIONER ABERNATHY: Lower left. COMMISSIONER SCHIFFER: And then if you go up, it shows you the access to the other development. It shows you the roads. I mean, what little it shows, it shows access points. Page 62 1612 C 2 - September 1, 2005 MS. WILLIAMS: That is the current location of part -- a portion of Executive Drive. Certainly the connection to Immokalee Road where the short north/south portion that is termed Commercial Drive is not shown, the remainder of Executive Drive is not shown. I don't believe there's anything in the PUD text or master plan that limits access to Executive Drive for this commercial portion. COMMISSIONER SCHIFFER: But we get these documents that are pretty crudely, borderline vend (sic) diagrams, and they show very little but usually what they do show is the access. So in other words, in the future we should not pay attention to these marks? MS. WILLIAMS: I believe when the master plan is a little unclear, we defer to the text in the PUD document, which does not limit access to Valewood ITom this property. COMMISSIONER SCHIFFER: And the following issue -- it looks like there's been some subdivision along Valewood, it's all commercial adjoining this property, so this isn't an isolated piece of commercial. It looks like when that was subdivided it cut off that access; is that right? Or if you look at the site map we were given in our packets, it's the only document I have. It wouldn't be in an aerial unless -- MS. WILLIAMS: There has been subdivision of the commercial property. There are parcels on the south side of Executive Drive. The master plan -- the original master plan shows the stub out of Executive Drive. You can see that it curves to the north -- COMMISSIONER SCHIFFER: Right. MS. WILLIAMS: -- and then wraps back down to the south. The properties south of that Executive Drive have been subdivided and developed in a commercial fashion. They do access onto Executive Drive. The properties on the north side of Executive Drive are -- some are site planned and some are not. At this time their access point is on Executive Drive. COMMISSIONER SCHIFFER: See what I mean? The way this was subdivided, Executive Drive's access to this property, looked like it was cut off, the subdivision, or there may be unity in that parcel with the parcel above or something, but anyway. MS. WILLIAMS: One portion of the subject site, if taken on as one parcel as separated by proper -- the property appraiser's office, is not adjoining to Executive Drive. COMMISSIONER SCHIFFER: I'd like to see what -- since you're the one that-- MR. LAKIN: I'm sorry. I have a map. COMMISSIONER SCHIFFER: You have to go to the -- CHAIRMAN BUDD: Go to the podium and use the overhead, then everybody in the public and all ofus can see it, too. Please restate your name for the record, please. MR. LAKIN: Yes. My name is Garry Lakin. And I would like to say that the map that is now being shown to you, I believe I got off the Internet as a copy of the PUD, I'll call Quail II. And you can see that the lower south edge, you can see the way it is today with commercial on both sides of Executive Drive and the main access point at that southeast Commercial and Executive Drive, as -- COMMISSIONER SCHIFFER: Okay. MR. LAKIN: And then there's an access point also on Valewood. And my understanding, according to the master -- the PUD, the original PUD, is the access point on Valewood is supposed to be minor and the main access is at the southeast corner at Commercial and Executive Drive. Now that's not a map I made up. I believe I got it off the Internet, and it's a copy of what exists. COMMISSIONER SCHIFFER: That's the same. That's what we have, too, but -- and the poignant point I want to make is that the access off of Vale wood is new to this application. It wasn't available in the prior PUD. MR. LAKIN: That could be. Thank you. Page 63 1612 C 2 September 1, 2005 COMMISSIONER SCHIFFER: In other words, it's not in the prior PUD. This is the new PUD that's on the screen. MS. WILLIAMS: Commissioner Schiffer, staffs interpretation of access to this site does not prohibit access from Valewood. The reference in the PUD document in section 4.2 is -- does reference lands to the east, and that has been interpreted as access point for Longshore Lake and is not limiting on the development of this 21.7-acre parcel under consideration today. COMMISSIONER SCHIFFER: I kind of agree that that's what that means, but I also think in the exhibit, the intent of the exhibit was to limit where the access was to this commercial property. We could argue that forever. CHAIRMAN BUDD: Okay. Very good. Before the next speaker begins, Ray, how many speakers do we have, including the one currently at the podium? MR. BELLOWS: Looks like I have four. CHAIRMAN BUDD: Okay. Tell you what, first thing I want to do is commend everybody in the public because there's obviously strong disagreement, and everybody has been very respectful. And one of the things that county can use more of is people who can disagree without being disagreeable. So you're to be commended for that because it's been my experience that people were not always civil in expressing their opinions, so thank you very much, And we will continue that theme. But right now, in favor of our court reporter who's been keeping track of us for two hours without a break, we're going to take a 10-minute break, then resume with our next speaker. (A brief recess was had.) CHAIRMAN BUDD: Call the planning commission back to order, please. If everybody would retake their seats. Whatever the outcome, we've got a good process going, so we're going to stick with it. We're in the final round of our registered speakers. Next speaker, please, Ray. MR. BELLOWS: Frank Barickman, followed by Gary Wrage. COMMISSIONER SCHIFFER: Ray, before we do that, can't we discuss what's on the screen, which is the issue of the 16 unit density? MR. BELLOWS: It's up to -- CHAIRMAN BUDD: Is that a presentation by staff? Is it somebody making a presentation, or can we -- MR, BELLOWS: I don't think there's any presentation. We don't have -- unfortunately we didn't know this issue, and I don't have a compo planner up here, but-- CHAIRMAN BUDD: Okay. Let's pull that off the screen so we don't distract our attention from the speakers, and we'll address that as soon as we complete our registered speakers. Thank you. Yes, sir? MR, BARICKMAN: My name is Frank Barickman. I live at 11035 Linnet Lane in Naples. I live in Longshore Lake. I've lived there for over 12 years. My residence will abut the new development, whatever it may be, in this area. I feel very strongly that it should be residential. I feel that the developer has -- we've come to an agreement with the developer, and it is satisfactory. I feel that when you have on the west a very pretty golf course and on the east a very beautiful homeowners' association development, why in the world would you want a commercial right in the middle of it? So I think if I asked everyone here today -- and this question hasn't been asked -- do you want commercial in this area or do you want residential? I doubt there'd be one person here that would stand up and say that they want commercial in there. I thank you. Page 64 1612 C 2 September 1, 2005 CHAIRMAN BUDD: Thank you, sir. Next speaker? MR. BELLOWS: Gary Wrage, followed by Meggan Davis. CHAIRMAN BUDD: In spite of the fact that Gary Wrage is the past chairman of the planning commission, we'll hear his testimony without any bias. COMMISSIONER ADELSTEIN: Is he allowed to even talk here? MR. WRAGE: Gary Wrage, 11023 Linnet Lane, a la-year resident of Longshore Lakes. In other words, you want to hear what the realtor promised me was going to go in there; is that what you're asking me? He said something about gopher tortoises, and they would never build back there. No. When I moved in there, I did my homework. I know that was commercial. And everybody stole all of my thunder. All the comments have been made that should be. I'm begging you, please, forward this to the county commission with a recommendation for approval. I want a house back there of almost any height, but I do like the idea that it's only 50 feet. I think it's a good project and a good developer, negotiated in good faith. And, by the way, I own my wall back there as part of that wall. Thank you. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: Meggan Davis, followed by the last speaker, Clay Brooker. MS. DAVIS: Hi. This is afternoon now. Good afternoon, and thank you for your time. My name is Meggan Davis, and I'm a Longshore Lake resident. I've lived there for 16 years. I'm also a past President. I started the initial negotiations with D'Jamoos, JED, earlier this year. And I -- just for the record, he's met with us whenever we've asked him to meet with him. There's been a change of leadership at Longshore. He's continued to meet with them, and I think really operate in good faith. So I appreciate his cooperation on it. My comments are very succinct. Everyone who's come up has said that they prefer -- that they want residential. I mean, everyone has said. There's been concessions made on the part of Longshore, there's been concessions made on the part of lED, concessions made on the part of Quail Village, and I think that we're depending upon your advocacy and the wisdom of Solomon. It seems to be a unit number that they have -- that that is a problem. But for compatibility issues and quality of life issues, I think residential is the way to go. I support the petitioner's request. Thank you. CHAIRMAN BUDD: Thank you. Next speaker, please. MR. BROOKER: Clay Brooker with the law firm of Cheffy, Passidomo, Wilson, and Johnson. We have been assisting Quail Creek Country Club with respect to this petition. I was not planning to speak but feel forced to make one very general comment. There was some representation about an offer that was made and then later withdrawal -- withdrawn. We understand that all such negotiations are confidential. We ask that the board not be biased by that particular comment. And I'll leave it at that, that there is more to the story, but I will respect the confidentiality of the negotiations. Thank you. CHAIRMAN BUDD: I can tell you, it was such a passing comment, if you hadn't have reminded me about it, I wouldn't even know what you were talking about. Are there any other speakers? MR. BELLOWS: No other registered speakers. CHAIRMAN BUDD: Okay. Thank you. Page 65 1612 C 2 , September 1, 2005 Are there summary comments by the petitioner? MR. YOV ANOVICH: We do. I'm going to make some brief comments, then I'm going to ask Mr. Jones to come up here and address traffic issues specifically in response to some comments or, I guess, factual testimony made by Mr. Strain on traffic comments. I don't believe -- and I'll ask you, Mr. Strain, did you go back to look at the original TIS that was done for the project? COMMISSIONER STRAIN: I didn't have one. I was hoping transportation would have done that. MR. YOV ANOVICH: That's fine. But I mean, you did make some statements that you said might be logical conclusions, but they're not based upon any facts in the record right now. So I just want to address that as those are your guesses as to what could have happened in the past and are not supported by any facts in the record right now. We need to get back to the compo plan. The compo plan today would not allow commercial development on that property. The reason commercial got to stay is because ofthe zoning reevaluation that occurred, and it was determined that because there were improvements that were in place already, the commercial zoning would not be taken away. Because back in 1989 when the comprehensive plan was adopted, we went to the activity center concept. And commercial in this location was inconsistent with the comprehensive plan. And there's a provision in the comprehensive plan that talks about converting commercial that's in the wrong location to residential, and it allows up to 16 units per acre. And you go through a zoning reevaluation and analysis of the criteria. And if we meet the criteria, we are entitled to be rezoned to that -- to that use. I take exception to the statement that it's discretionary. We have the ability to meet the facts. And if we factually meet the criteria, we are entitled to what we're requesting. There's no discretion. It's your job as the planning commission to evaluate the facts. We presented our case. We provided factual testimony. Your staff made factual statements. There was discussion from Quail Creek Country Club Estates -- they're the first speaker -- about a traffic analysis. He's not provided the detailed analysis. He just provided you with an excerpt, so I don't know what the entire report says. It would be nice if he would provide the entire report so we can all look at it and see, you know, the conclusions. We have our traffic report in the record. It's been reviewed by your staff. Your staff is recommending approval. Mr. Jones will get into the details about some of the issues raised regarding traffic. It's important we have to look at the facts. We have to look at competent testimony, not testimony that's not supported by anything but statements ITom somebody who's telling you what another report said when we don't have that report in ITont of us. If we were standing here today with a 1 96-acre parcel that had no improvements on it and I came to you and I said, we want to do a multi-use project that has a golf course in it, that has single-family and has multi-family in it with development standards for the multi-family that says, two stories not to exceed 35 feet adjacent to our residential neighbor, two stories not to exceed 35 feet on Valewood Drive, two stor -- and three stories not to exceed 45 feet, with an overall project density of 2.9 units per acre, I feel fairly confident that that would be submitted or transmitted to the Board of County Commissioners with a recommendation of approval. There's nothing unusual about that type of PUD that gets presented to the planning commission all the time, and that is 100 percent consistent with the comprehensive plan that talks about a base unit density of not to exceed four units per acre. Weare less than four units per acre. Internal to this project you have the Meadows, sometimes referred to as the Willows. But the Page 66 1612 C 2 September 1, 2005 Meadows project, that is 10 units per acre within the same PUD, immediately adjacent to a single-family portion of the PUD. We're asking for nine, after we've had a lot of nice discussions with Longshore Lakes, with Quail Creek Estates. We haven't reached -- we haven't reached an agreement with them and don't meet eye to eye with them on that, but we've had civil discussions. We've made our proposal, they've made their proposal, and we just respectfully disagree with what they're saying. I don't think Mr. Shafto meant that it was a moving target in a negative way. I think he meant it in the fact that we'd been negotiating and trying to figure out what everybody can live with. And we're still doing that and still-- you know, I don't want to get into confidential negotiations. But we have done nothing but been willing to speak to all of our neighbors on how this impacts them. And as you can see, we came in at 12 units per acre. We're at nine units per acre, reduced height, increased setbacks for Longshore Lakes. We have worked hard to do the best we could to make this an economically viable residential project. If we can't get more than the six units per acre that Quail Creek Estates and the country club are requesting, it will be a commercial project. And that's not a threat; that's the only zoning I have left. I only have commercial left on the property. We have to do that. So we're prepared to go forward with the commercial if we have to. I don't think that the people -- the general comments have been that they want commercial. It's a question of density. We're telling you we can't do it at six units per acre. There's already a project in the development at 10 units per acre, so we're not asking for something that's not already within the project itself Yes, sir? COMMISSIONER MURRAY: I'm just a little confused. Before you made a point that it really can't be commercial. MR. YOV ANOVICH: It is commercial. No, it can be commercial. It's C-3. That's the only zoning I have on the property today. COMMISSIONER MURRAY: Then I didn't clearly understand what you were conveying before when you said about the '89 and the rest of it when -- MR. YOV ANOVICH: That's correct, in 1989. If! were to come to you today and I were to ask for the approval of that PUD with a C-3 zoning, you would not permit it. It would be inconsistent with the comprehensive plan. But it got to -- COMMISSIONER MURRAY: But it is. You have vested. MR. YOV ANOVICH: I have. I've got the right to continue to go forward. So that's my point about consistency and compatibility. The comprehensive plan has already decided that I shouldn't be commercial on that site, although I -- because I had some right, I was allowed to continue to keep that. But there's a provision to encourage me to not be commercial, and that is to convert to residential. We're not asking for anything that's atypical for any other mixed-use project in Collier County, by mixed-use meaning multi-family and single-family combined together. Frequently you see the multi-family at a higher density than the approved base density. That's not unusual. That's what you do. You put the multi-family together, and it has a higher net density on that acreage, but the overall project density is what the overall project density is. There's been discussion about we're in an activity center. Let's make that real clear. We're not in an activity center. We're three-quarters of a mile from an activity center. We're within a residential density band that would allow us to request an additional three units per acre. There already is, Mr. Schiffer, plenty of retail in the area. It's within three-quarters ofa mile of us. I don't think that you need more commercial that close to the activity center. Page 67 1612 C 2 -', September 1; 2005 COMMISSIONER SCHIFFER: But we just determined there's a lot more use than retail in the commercial area. MR. YOV ANOVICH: And there's office uses that can go into those other areas and have gone in those areas. You know, Pelican Strand's got offices. It's all -- it's all in the general vicinity. We have been working with the communities. We had a town hall meeting as recently -- it was Tuesday, correct? Everybody was invited to it, Quail Creek, Quail Village, Longshore Lakes, to where we talked about all these issues. The gentleman who said that, you know, he wished he would have known that we were down to nine units per acre, that was -- you know, that's been out there for quite a while with Longshore Lakes and Quail Village, and I know it's been discussed for quite a while. That's nothing new. With that I would like Gavin to get into some of the transportation issues to rebut some of the statements in the record. And with that, we'll open ourselves up to any questions you may have on our -- COMMISSIONER ABERNATHY: Why don't we do your questions right now. CHAIRMAN BUDD: Yes. Before Gavin, we've got some questions of you. Mr. Abernathy? MR, YOV ANOVICH: Sure, fire away. COMMISSIONER ABERNATHY: Rich, look at that section of the code that's displayed on the visualizer. The second sentence, density bonuses are discretionary, not entitlements and, emphasize and, are dependent upon meeting the criteria for each bonus provision, and so forth. You tried to tell us that all you have to do is meet the criteria and they're entitlements, and that's clearly not what this says. If it's -- in order to read it the way you want it read, you would have to take the words density bonuses are discretionary not entitlements and strike them and just start with, they're dependent on meeting the criteria. MR. YOV ANOVICH: Mr. Abernathy, I don't agree with your interpretation of the comprehensive plan and what that says, It has always been interpreted, and the law is clear in Florida, that if you meet established criteria for a rezone request, you're entitled to the rezone. That -- you're entitled to it if you meet the criteria. You're to determine whether or not I've met the criteria. If I've met the criteria, then I think you have to vote my way. I don't think you can come to the conclusion that, Mr. Y ovanovich, your client met every one of these criteria, but I don't feel like giving it to you anyway. I don't think the law gives you that discretion. COMMISSIONER SCHIFFER: But Richard, you're saying our -- COMMISSIONER ABERNATHY: It sure does, COMMISSIONER SCHIFFER: -- our growth management plan -- MR. YOV ANOVICH: I don't think the -- yeah, what I'm telling you is I don't think the law in Florida will allow you to ignore the fact that I have met the criteria, and you can just say, you know what, I don't care if you met the criteria, because then there's no reason to have the criteria. There's no reason to put me through the exercise of proving that I've met all the criteria where you can just simply say, ah, we don't really care. CHAIRMAN BUDD: Do you have a question, Mr. Schiffer? COMMISSIONER SCHIFFER: No, I don't. CHAIRMAN BUDD: Okay. Other questions for Mr. Y ovanovich? COMMISSIONER STRAIN: Yes, I do. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Richard, do you have a copy that I could look at now from the Quail Creek -- original Quail Creek traffic impact statement? Page 68 1612 C 2 September 1, 2005 ¡,j MR. YOV ANOVICH: No. COMMISSIONER STRAIN: Do you have a copy of the original Quail Creek II impact statement I could look at? MR. YOV ANOVICH: No. COMMISSIONER STRAIN: Do you have a copy of the Longshore Lakes impact statement I could take a look at? MR. YOV ANOVICH: No. COMMISSIONER STRAIN: Do you know if any of them used the capture rate for their traffic counts? MR. YOV ANOVICH: I do not know. COMMISSIONER STRAIN: Thank you. MR. YOV ANOVICH: Do you know the answer to any of those questions? COMMISSIONER STRAIN: rm going to fmd out in a little while. MR. YOV ANOVICH: Okay. Well, we'll find out. CHAIRMAN BUDD: Okay. Other questions for Mr. Y ovanovich? (No response.) CHAIRMAN BUDD: I think your traffic engineer was going to speak to us. MR. JONES: Good afternoon. My name's Gavin Jones. I work for WilsonMiller. I am the author of the traffic impact statement that accompanied this application. When that application and impact statement was put together, the trip generation infonnation in it was based just on the additional multi-family dwelling units, and at that time it was 12 units per acre, and the total number was 260. And the traffic in the analysis period was the p.m. peak hour, which was what was required by the county reviewers. And the conclusion fÌ'om that amount of traffic was that the impacts on the adjacent arterials would be insignificant in all cases and di minimis in most. It was done that way in the absence of analyzing all the uses together that would be contributing traffic down Valewood Drive and the effect of internal capture and pass-by capture. It was analyzed in the absence of those things because it's quicker and easier to do it that way and because -- and because in the absence of those capture rates, it's actually a conservative estimate of the increase in traffic that would be coming fÌ'om the new development, and because the conclusion was that the effects were di minimis, there didn't seem to be a need to analyze it in any other fashion. Then we went to a public workshop and discovered that there was a lot of concern about traffic. There seemed to be a focus on traffic trying to get out of Vale wood Drive in the a.m. peak period, and there was an analysis done by another consultant that tried to incorporate trip capture and look at, you know, the combination of all the uses within the PUD and not just -- not just what would happen on this parcel in isolation. So I have the tools and the ability to do that kind of analysis, and I did. Used an estimate for future background traffic that included 858 multi-family dwelling units -- or rm sony -- single-family dwelling units, 60 multi-family dwelling units, an assumption of development on the commercial parts of the PUD that are not under discussion for rezone, and you know, could ultimately be developed commercial. What would the traffic fÌ'om all of those uses be, including pass-by capture for any commercial uses including internal capture between complementary uses. Set that as a base line, and then compared additional traffic fÌ'om alternate proposals on the parcel under discussion today.sAnd developing it at nine units per acre, which is what you're, you know, considering today, the traffic in the a.m. or the p.m. peak period is significantly less than you would expect to get. The increase in traffic for the entire PUD is less with nine units per acre residential than it is for a plausible combination of Page 69 1612 C 2 .. September 1, 2005 use under the existing C-3 zoning. COMMISSIONER MURRAY: Mr. Jones? MR, JONES: And I can put those numbers on the visualizer if you'd like. COMMISSIONER MURRAY: No. I have a question. MR. JONES: Sure. COMMISSIONER MURRAY: You said you were directed by staff to conduct the evaluation in the p.m. peak; is that correct? MR. JONES: Yes. COMMISSIONER MURRAY: What staff? Was that -- MR. JONES: That's transportation planning staff COMMISSIONER MURRAY: Yes. Now that -- if I'm not mistaken, on Immokalee Road that's when everybody's pretty much going east; is that right? MR. JONES: In the p,m,? COMMISSIONER MURRAY: Yes. MR. JONES: Yes. COMMISSIONER MURRAY: And that's on the north side, so their entry into Imrnokalee Road would be going -- generally going west, I would presume. I'm just fascinated that they picked that particular time. I'm not sure it has great relevance, but I'm going to ask Mr, Scott why they would do that. MR. JONES: Oh, I could answer that, save him a trip. COMMISSIONER MURRAY: Well, why don't you do that then. MR. JONES: Because nonnally in most parts of the county the p.m. peak period is the -- is the heaviest hour of the day, and so that is the chosen analysis period. I can tell you that, you know, we're here seeking a rezone at the moment. At the site development plan stage there will be an additional traffic analysis required and submitted, and it's at the discretion of staff to ask for an analysis in the a.m. peak period, and I've submitted -- you know, I've followed through applications from the rezone to the site development stage and done -- provided p.m. peak hour analysis at the rezone stage but a.m. and p.m, at the site development plan approval stage. So that's -- you know, staff has the option of doing that of seeking an analysis in the a.m. period, COMMISSIONER MURRAY: And I'm not questioning that. I'm offering the opportunity to learn more about -- all of us to learn more about the -- many people here believe that the a,m. peak is the critical factor for them, that they're going to lose opportunities to get on the roadway, et cetera. And so I wanted to get that issue out, if I could. MR. JONES: Yeah. And we didn't analyze conditions. We didn't count turns at any of the intersections in the a,m. peak period. We would do so and will do so if requested. What I did do is I did look at just the trip generation numbers coming in and out of the total PUD and how those will change under different development scenarios. And even in the a.m. peak period, the exiting traffic will be -- the change in exiting traffic in the a.m. peak period will be greater with one possible commercial mixture on that parcel versus nine units per acre residential. COMMISSIONER SCHIFFER: How do you figure that out? I mean, because -- MR. JONES: Those are done using ITE trip generations. COMMISSIONER SCHIFFER: The testimony is that the traffic's in the opposite direction. So if you're adding cumulatively, you're missing the fact that they're both going different directions. In other words, the residential will join the other residential and tie up that intersection worse. The commercial will be on the other side of the road, and -- MR. JONES: I'm saying the total-- the change in the total traffic from all uses, all uses-- Page 70 1612 C 2 September 1,2005 COMMISSIONER SCHIFFER: Added together? MR. JONES: -- commercial and residential added all together. COMMISSIONER SCHIFFER: Okay, MR. JONES: As I said, started with a base line of what the future would look like with nothing on that parcel and -- COMMISSIONER SCHIFFER: But could that concept miss the point that things are going in different directions? MR. JONES: Well, no. The analysis -- I mean, the ITE trip generation numbers provide you entering and exiting numbers for the a.m. and p.m. peak periods, and I produced all of them for both the combination of all the land uses as a base line and then for what the total combination of land uses would be with the addition of either commercial or residential on this parcel. COMMISSIONER SCHIFFER: Okay. So your testimony is that if that was a commercial property, there would be more traffic exiting the parcel in the a.m. period than the residential would cause? MR. JONES: Yes. COMMISSIONER SCHIFFER: Well, where are these people coming trom? Did they sleep overnight in the office? MR. JONES: No. There's a certain amount of -- there's a certain amount of deliveries that would be made to businesses in the morning, and those trucks are leaving. COMMISSIONER SCHIFFER: Let's move on a second. The question is, did you think that if there was a connection between Valewood and Executive Drive probably about where they show the access point, would that take pressure off of the other intersection? Would that be a better way for people to exit these developments? MR. JONES: Well, it will -- it will depend ultimately on the nature of the access that is provided at those intersections on Immokalee Road by the designer ofthe improvement. The tendency for the traffic to use the intersection will depend on whether they can make the movement they want when they get there. The designers of Immokalee Road may decide that some intersections will remain full movement and some will not. COMMISSIONER SCHIFFER: I don't know what the answer was, but -- MR. JONES: And my answer is, I don't know what the answer is until the designers of Immokalee Road decide what those intersections are going to look like and what movements will be permitted in them. COMMISSIONER SCHIFFER: Okay. But right now the way it is, I mean, does the ability to make an eastward turn off of that Executive Drive where there's no ability at the Valewood Drive -- so if -- anybody going east out of this development now is going up, swinging around through some other project and coming on back. MR. JONES: Well, anybody that's leaving -- and we saw them leaving east when we counted turns at that intersection. So there are people that are leaving and going east. It's difficult, it's difficult. COMMISSIONER SCHIFFER: Might be hair raising, but you don't want to raise mine. Okay. Thank you. CHAIRMAN BUDD: Other questions for this speaker? COMMISSIONER STRAIN: Yes, rve got some. CHAIRMAN BUDD: Mr. Strain. COMMISSIONER STRAIN: Mr. -- Gavin, did you review the TIS for the Quail Creek PUD? MR. JONES: No. COMMISSIONER STRAIN: Did you review the TIS for the Quail Creek II PUD? MR. JONES: No, sir. COMMISSIONER STRAIN: Did you review the TIS for the Longshore Lakes PUD? Page 71 16~2 C September 1, 2005 MR. JONES: No, sir. COMMISSIONER STRAIN: Do you know if any of those TISs that you didn't review have any references to capture rates? MR. JONES: I don't, sir. COMMISSIONER STRAIN: Okay. Your statement that a total of all the increases of the traffic for the entire PUD would be less with this going to residential? MR. JONES: Correct. COMMISSIONER STRAIN: How did you conclude that if you didn't know if there was any capture rates involving the original TIS? MR. JONES: I can do those calculations and I did those calculations. I'm capable and competent to analyze a mixture of uses and the capture between them. I can put it on the visualizer if you'd like. COMMISSIONER STRAIN: I don't care how you get about it. I'm going to ask you how you did it then. MR. JONES: Sure. This is a summary -- this is the summary table. COMMISSIONER STRAIN: We can save a lot of time if you just answer my questions and you can do it ITom pointing on this, if you'd like. You have 360 residential units, single-family that are on Valewood Drive in the original PUD. What is your trip generation rate that you're using for the EDT for those? MR. JONES: Well, I wasn't looking at daily traffic because I wasn't aware that anyone was -- any reviewer was going to be concerned about the change in daily traffic. I focused on what typically is the concern of reviewers, which is the a.m. and p.m, peak periods. COMMISSIONER SCHIFFER: Could you stop wiggling that? It's difficult to read. I guess it's much more difficult. MR. JONES: So this is -- COMMISSIONER STRAIN: Well, before you go farther --let me ask the questions, we can save some time. Transportation element provided to us by staff, the comment was, the proposed conversion to allow 260 multi-family dwellings will generate 1,446 weekday trips. Now, how does that calculation relate? Is that an a.m./p,m., or is that weekday? MR. JONES: If they said it was weekday, I assume. COMMISSIONER STRAIN: Okay. That's what I'm trying to compare to. That's the only source of comparison I could find. MR. JONES: Okay. I focused my analyses on the a,m. and p.m. peak periods -- COMMISSIONER STRAIN: Okay. MR. JONES: -- rather than daily traffic. And I can tell you that ITE only provides recommendations on internal and pass-by capture rates in the p.m. peak period. And so really the most accurate analysis that incorporates both pass-by capture for retail and internal capture for retail and internal capture between complementary uses is in the p.m. peak period. But the table that's on the visualizer now is for -- is for one -- you know, the future for the entire PUD in the absence of development on the parcel, it includes pass-by capture for the retail uses, includes internal capture between -- between complementary uses. All of the capture rates are based on ITE recommendations. ITE -- ITE makes recommendations on maximum capture rates by direction between pairs of uses. And I did an analysis that made sure that none ofthe single direction capture rates between pairs of uses exceeded the ITE maximums. So I calculated the capture rates in that fashion and produced an external trip total for the entire PUD and then added difference types of development on the parcel under discussion today. And -- COMMISSIONER STRAIN: That's fine. I understand what you're saying. Honestly, I don't Page 72 1612 C 2 September 1, 2005 understand what you're saying. I understand what I was looking for from you, and you haven't provided it. Basically I want to know, then you did not -- you do not know what the internal -- if they used or if there were any internal capture rates used for the original TISs? MR. JONES: I don't know, no. COMMISSIONER STRAIN: Thank you. MR. JONES: I feel that, you know, you're absolutely correct, that it is the most accurate way to analyze -- analyze what's going to be happening in the future, and that's why -- that's why I did that analysis. COMMISSIONER STRAIN: I'm -- still need to talk to Mr. Scott, because somehow I've got to find out if anybody's seen these internal -- these ghost internal capture rates, if that's what we want to call them. COMMISSIONER SCHIFFER: Let me ask you a question. The thing on the screen is, when you say background, that's what would be developed today, correct, under the current commercial zoning or -- MR. JONES: No, no, no. That's what would be -- that's what could plausibly be there in the absence of any development on the parcel. That was -- that was the starting point. COMMISSIONER SCHIFFER: This right here? MR. JONES: Yes, okay. And then I did similar -- I have similar tables that look like that, only they add either additional multi-family units to reflect the fact that the parcel is developed multi-family, but, again, look at the possible trips that can be captured between pairs of complementary uses, ensuring that none of the capture rates by direction exceed any of the ITE maximums, and then look at what the new external traffic is with the addition of some development of some sort on the parcel. So I did that for -- both for nine units per acre, 196 multi-family units on the parcel, and I also did it for 230,000 square feet of commercial in the parcel, a mixture of office and retail and medical office. COMMISSIONER SCHIFFER: And do we have that study? MR. JONES: I have those numbers here. COMMISSIONER SCHIFFER: But do we have that study? MR. JONES: No, you do not, no. That wasn't prepared for the -- it was prepared very late, and it was provided to staff to get their comment, and they -- and they, you know, didn't see any problems or flaws in the analysis. COMMISSIONER SCHIFFER: Right. MR. JONES: It wasn't provided as part of the initial application because, as I said, it did not seem necessary. CHAIRMAN BUDD: Any further questions for Mr. Jones? (No response.) CHAIRMAN BUDD: Mr. Jones, did you have any further presentation or just here to answer our questions? MR. JONES: Sure. CHAIRMAN BUDD: Any others? (No response.) CHAIRMAN BUDD: There are not. Mr. Y ovanovich, anyone else from your team? MR. YOV ANOVICH: No. And if you have other questions, we're happy to answer them. CHAIRMAN BUDD: We know where to find you. COMMISSIONER VIGLIOTTI: Rich, I just have one question. I just want to verify some information. Does the applicant actually own the property, or is it under contract? MR. YOV ANOVICH: He owns the property. Page 73 1612 C 2 ¡ September 1, 2005 COMMISSIONER VIGLIOTTI: Okay. Thank you. COMMISSIONER SCHIFFER: Mr. Chairman, I'd like -- can I ask Bruce one question? CHAIRMAN BUDD: Okay, sure. COMMISSIONER SCHIFFER: And Bruce, with all our studies, all our smart growth stuff, all that stuff, did you ever look at and consider maybe a mixed-use thing for this? I mean -- because I could see, you know, that access drive I'm pushing for, I could see that be the main street, a little bit of retail, a little bit of commercial downtown. MR. TYSON: Great-- COMMISSIONER SCHIFFER: Residential blocking, Vale -- Longwood (sic), I mean, that would be the thing that would solve everybody's problems. MR. TYSON: It's an excellent question. And the answer is, yes, we did. As a matter of fact probably, I don't know, four or five months got absorbed into what's the best way to approach all of this. And I told you, taking a comprehensive look at that, we looked at the blank parcels of land, seeing if we could absorb those into the project, seeing if we could get some unanimity into this project that would come in off of -- off of hnmokalee Road and capture some visual aspect to it that would make it to the point where it was something that was really special and could work, The reality was, and the bottom line in the long run, nobody wanted to join forces with that. They all thought it was a great concept, but, in fact, nobody wanted to play. The other side -- COMMISSIONER SCHIFFER: Well, who's -- excuse me a second. Who's nobody; the neighbors or -- MR. TYSON: No, the owners. COMMISSIONER SCHIFFER: Okay. MR. TYSON: The owners of those parcels. Remember, did you see when we had the complete subdivision that was going on along Executive Drive, one of those plans that was put out? Ray do you have that? COMMISSIONER SCHIFFER: We did, I did. Remember, that's the one I questioned why the access was -- MR. TYSON: We had to deal, or the D'Jamooses had to deal with four or five different owners. All ofthem thought it was a great idea, but, in essence, at the time nobody wanted to step up and say, okay, I'll join you. COMMISSIONER SCHIFFER: But the testimony that you just gave Robert that he owns the whole property, why -- MR. TYSON: He does own -- well, he owns everything that you see in red. COMMISSIONER SCHIFFER: Right. So wouldn't this involve everything we see in red? MR. TYSON: No, not my earlier conversation just a few seconds ago. COMMISSIONER SCHIFFER: Because the mixed use I was referring to, if you put a connector off of Executive Drive up into the middle of Valewood, just about where you show your access, that could be, quote, your main street of a really cute little mixed used, and the people and the residents would all be stopping there and having dinner, not that we don't want them out on the streets in our area -- MR. TYSON: We understand. COMMISSIONER SCHIFFER: -- you know, but they wouldn't have to come out, so -- MR. TYSON: I understand completely. We've done a number -- if you can appreciate, we've done a number of look into and see what does and what doesn't work. And any time you wind up getting a project that we call the mixed use, how do you wind up getting these neighbor or town centers? How do they work? Page 74 1612 C 2 - September 1, 2005 What you saw when you were presented Ave Maria, that worked because Ave Maria is its own entity, has 5,000 acres, has something that you can controL You come into a project that is relatively small of 21 acres, yes, you've got a significant acreage behind it, but the reality is, at the most we're going to have about 1,000 units, let's just say arbitrarily, that will come in ultimately up and down Valewood Drive. That is not sufficient to hold any kind of critical retail operation for any substantial amount oftime. I think we could get a retail appraiser or a retail developer in here, and you could put them back in that location, and the reality is, that over time, it would probably fail, and it would probably fail because there's not enough people to sustain it. And sustainability is the big issue, and you just don't have the critical mass in order to make just one or two retail components, even though they may be only 4- or 5- or 6,000 square feet. The challenge is when you get to those low numbers, it's impossible to make it work over an extended period of time, also given the fact that much of the traffic that goes in and out of here is seasonaL You have a fair number of people now, that for -- especially ITom Longshore, that wind up using this on a full-time basis. But we did look at that. I mean, it's not to say that we didn't. COMMISSIONER SCHIFFER: It's too bad you didn't, because the developer, with all due respect, did an excellent project. I mean, they would be the ones that could pull that off. MR. TYSON: I agree completely. COMMISSIONER SCHIFFER: We really need-- MR. TYSON: I agree completely, and we tried -- very difficult to make that happen. CHAIRMAN BUDD: Okay. We really need to get back on focus. However valid that might be, that's not the petition that's here before us today. Are there other questions for staff? COMMISSIONER STRAIN: I just have a quick question of Don Scott. I'm sorry to belabor this point, but I want a clarification, since Mr. Y ovanovich brought it up so eloquently. COMMISSIONER ABERNATHY: Watch yourself, Rich. COMMISSIONER STRAIN: Don, did you review the TIS for Quail Creek, Quail Creek II or Longshore Lakes in regards to the review of this project? MR. SCOTT: The original, no. COMMISSIONER STRAIN: Okay. Do you know -- MR. SCOTT: You understand, we've only existed about four years, so I don't think we'd ever have it. COMMISSIONER STRAIN: Okay. Do you know then if they would have relied on a capture rate? MR. SCOTT: Not sure. COMMISSIONER STRAIN: Would it have been an assumption that that could have happened? MR. SCOTT: It could have, but, you know, if you look at history ofthese parcels, how they're put together, this whole thing should have been a DR! to start with. COMMISSIONER STRAIN: Well, we've been through that before. If the -- I had talked to you about some calculations that I did ITom my understanding of ITE, and basically it was that you take the rate of whatever the use is in there, multiply it times the number of those uses, you get a weekly, daily -- or EDT, then a certain percentage of that can be allocated to capture rate if the developer so chooses. Is that a reasonable assumption? MR. SCOTT: Some -- yes. COMMISSIONER STRAIN: And does the same kind of reasonable assumption apply if it's a passer-by, 10 to 15 percent? Page 75 1612 C 2 September 1, 2005 MR. SCOTT: Yeah, it can be higher depending on the type of thing, like we talked about. COMMISSIONER STRAIN: Clearly for the record there is no records that I know of that say that was done for this project. So you don't know of any? MR. SCOTT: Right. COMMISSIONER STRAIN: Okay. Thank you. CHAIRMAN BUDD: Okay. Any further questions for staff? (No response.) CHAIRMAN BUDD: Questions for the petitioner? (No response.) CHAIRMAN BUDD: There being none, we'll close the public hearing. COMMISSIONER ABERNATHY: I want to ask Rich one question, if! may. This is fairly straightforward. If I maintain my position that you're not entitled to the benefits of the commercial conversion provision, that would leave you with four units base density and three for the mixed-use activity? MR. YOV ANOVICH: The residential density at seven units, yes, sir. COMMISSIONER ABERNATHY: Can you live with seven? MR, YOV ANOVICH: You know, I was hoping you -- that's not a simple question. Straightforward, but it's not simple. COMMISSIONER ABERNATHY: Well, it's a yes or no question, MR. YOVANOVICH: Well, but it's not one that Rich Yovanovich can answer right this second, but if you give me a minute to caucus. COMMISSIONER ABERNATHY: Well, it would make the difference on whether I vote for or against, I think. MR. YOV ANOVICH: Excuse me. Mr. Abernathy, there was discussion at one time about eight units per acre. That we can live with. I don't know that we can go all the way down to seven. We probably can do -- I mean, to be honest with you, the number -- all right. I can go seven and a half, is what I was told, COMMISSIONER ABERNATHY: No. MR. YOV ANOVICH: You know, that's -- COMMISSIONER ABERNATHY: Let's make it seven because anything beyond that relies on the converSIOn. MR. YO V ANOVICH: On a half an acre -- on one half a unit of conversion. COMMISSIONER ABERNATHY: Well, if you take the position you're not entitled to any-- MR. YOV ANOVICH: That's if you take that position. COMMISSIONER ABERNATHY: Well, I do. MR. YOV ANOVICH: I understand that. COMMISSIONER ABERNATHY: And I've got one of the votes. MR. YOV ANOVICH: I know you do, I know you do. And-- COMMISSIONER ABERNATHY: In other words, I could very easily by the time the members finish discussing this, I could very easily vote against the project, but I don't believe we're going to the commercial. MR. YOV ANOVICH: Mr. Abernathy, we -- that's fine. COMMISSIONER ABERNATHY: Seven is fine? MR. YOV ANOVICH: Fine. COMMISSIONER ABERNATHY: Okay. CHAIRMAN BUDD: So with the close ofthe public hearing -- ~ Page 76 1612 C a September 1, 2005 MR. YOV ANOVICH: Do I get to sit down now? CHAIRMAN BUDD: -- we're looking -- we're now looking for a motion. Mr. Adelstein? COMMISSIONER ADELSTEIN: I move that AR-7152 be forwarded to the Board of County Commissioners with a recommendation of approval subject to staff recommendations and the recommendation of the county planning commission. COMMISSIONER MURRAY: Second. CHAIRMAN BUDD: Okay. At how many units per acre? COMMISSIONER ADELSTEIN: At seven units per acre. CHAIRMAN BUDD: Okay. That was a motion by Mr. Adelstein and a second by Mr. Murray. Discussion on the motion? COMMISSIONER SCHIFFER: I have discussion. CHAIRMAN BUDD: Brad? COMMISSIONER SCHIFFER: What I'd like to do -- I'd like to make sure that the -- and I'm having trouble finding it in the planned unit development. Hold on, please. Page 12, I'd like to make sure that where it says front yard setback, that that would be somehow clear that no buildings will be in those setbacks so we could get rid of the word front and make it yard setback, and that would include everything. MR. YOV ANOVICH: We had already agreed to that earlier, Mr. Schiffer. COMMISSIONER SCHIFFER: Okay. Well, I want that to be-- CHAIRMAN BUDD: That is incorporated in the motion. Is that okay with the motion maker? COMMISSIONER ADELSTEIN: Absolutely. CHAIRMAN BUDD: And the second? COMMISSIONER MURRAY: Yes. CHAIRMAN BUDD: That's incorporated. COMMISSIONER SCHIFFER: There's one other thing I would like to do, is I really would like to see -- and Don Scott testified that it would be available, that the Valewood Drive go all the way through the project. I know you want to gate it, but you may have to break it in two or something, so that Valewood would go through to that other access. CHAIRMAN BUDD: Mr. Schiffer, the motion maker's not willing to -- COMMISSIONER ADELSTEIN: I will not accept that. CHAIRMAN BUDD: -- receive that suggestion. COMMISSIONER SCHIFFER: Okay. MR. YOV ANOVICH: Mr. Schiffer, they can already go down and do -- already go down to Executive Drive to cut through. COMMISSIONER SCHIFFER: But where Executive is is right at the intersection. CHAIRMAN BUDD: Mr. Schiffer, the motion maker's not willing to accept that suggestion. COMMISSIONER SCHIFFER: Okay, okay. CHAIRMAN BUDD: Other recommendations, discussions? COMMISSIONER STRAIN: I've got some. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: The issues where we talked about stipulations, one of them was there be no asphalt shingles, it will be a gated community; the neighborhood rec. centers will be toward the center part of the parcel; all of them will have at least two-car garages; and there was some discussion about the CO dates. No COs until the completion of the six-larring of Immokalee Road and the completion of the cloverleaf on 1-75. MR. YOV ANOVICH: Hold on, hold on, hold on. COMMISSIONER STRAIN: I'm not asking you. Page 77 1612 C September 1,2005 ~ -- MR. YOV ANOVICH: No, I'm just trying to hear what you're trying to say. Y ou're going a little fast for me. CHAIRMAN BUDD: Slow down a little bit. MR. YOV ANOVICH: Can you go -- you lost me at the requirement that we have two -- all units have to have a two-car garage. COMMISSIONER STRAIN: I heard someone -- I thought I heard Bruce say that. MR. YOV ANOVICH: I don't think we committed to every unit having a two-car garage. COMMISSIONER ABERNATHY: Yeah. Yes, you did. COMMISSIONER STRAIN: I though you did. COMMISSIONER ABERNATHY: You were when we were talking about the depth of the 20, 23 feet. You said they're two garages (sic). COMMISSIONER STRAIN: I wrote it down. MR. YOV ANOVICH: Okay. Go ahead. I mean, make your motion and we'll just -- we'll see what stipulations fmd their way in. COMMISSIONER STRAIN: Okay. The other one was the CO dates will be linked to the completion of the six-laning of Immokalee Road and the cloverleaf on Immokalee Road for 1-75. MR. YOV ANOVICH: We can't agree to that. No, we can't agree to that. COMMISSIONER STRAIN: There was discussion about the -- and, Margie, I need your help on this. There was discussion about adding some things for helping with the maintenance of the stormwater percentages sharing. Where that isn't part of the covenants in the property with that community association there, is there any way we can link that to a stipulation? And there was like a 90-day -- like a 90-day -- leases were supposed to be limited to 90 days, no more than three times a year, and there was -- they were going to retain 20 percent of the maintenance costs for Valewood Drive. MS. STUDENT -STIRLING: I think if the petitioner's willing, they can agree to, in the PUD document, include that in restrictive covenants, if they're willing to put a provision like that in the PUD document. COMMISSIONER STRAIN: That's what they said. Are you willing to put that in? COMMISSIONER MURRAY: They were on the record saying that. MR. YOV ANOVICH: We've already said that we're going to do that and put that in our homeowners' association documents. They've already said that on the record. They're going to go in the homeowners' association documents. MS. STUDENT-STIRLING: And I can tell you, Mr. Strain, in the past this has come up in a little different scenario, but in TTRV PUD districts where the petitioner agreed in the PUD document to incorporate rental restrictions on the travel trailer/recreational vehicle units, and what they -- the PUD document said was that they were going to put restrictions in their restrictive covenants. So if they agree to do that, I think: we can put it in there. COMMISSIONER STRAIN: Well, if they've agreed on the record, then I don't know why they wouldn't agree to have it written in the PUD. Is that a problem? MR. YOV ANOVICH: It's -- you know, Mr, Strain, is it a problem, yeah, because it's not typically included in a PUD ordinance of the government. We've committed to it, we're going to do it, and it's a commitment. We'd rather it not fmd its way into the PUD document. COMMISSIONER STRAIN: Well, I'm suggesting it as a stipulation. The panel can make its mind up. And the last one I would like to suggest is that we limit the density to 6.1 units, and the reason for that is the applicant stated a few minutes ago that they must have more than six per acre in order to make Page 78 1612 C 2 September 1, 2005 ends meet. MR. YOVANOVICH: No. Mr. Strain, I told them that we would not accept six. We didn't come up with a number. Mr. Abernathy asked me what the number was, and it was seven. COMMISSIONER STRAIN: This was before your conversation with Mr. Abernathy. CHAIRMAN BUDD: Okay. Let's go back through those things. We have suggestions by Mr. Strain that that, at the option ofthe motion maker and the second, mayor may not be incorporated. As far as no asphalt shingles, Mr. Adelstein? That's in the motion and the second. That's agreed. As far as it being a gated community? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN BUDD: That's agreed in the motion and the second. That the rec. centers will be in the middle of this development? COMMISSIONER MURRAY: Yes. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN BUDD: Is in agreement with the motion and the second. That there be two-car garages with every unit? COMMISSIONER ADELSTEIN: Accepted. COMMISSIONER MURRAY: That was my recollection. CHAIRMAN BUDD: Okay. Then that's in the motion and the second. That there be no COs until the six-Ianing of Immokalee Road is complete and the cloverleaf at 1-75 is complete. COMMISSIONER ADELSTEIN: No. CHAIRMAN BUDD: Okay. The motion maker does not want to include that as part of this motion. COMMISSIONER ABERNATHY: How about just the six-Ianing part without the cloverleaf? MR. YOV ANOVICH: Mr. Abernathy, if I may interject myself I know it's unusual, but -- it's not unusual that I interject myself, but we already have the ability under the concurrency management system to go forward with the commercial now. Ifwe have to wait, then, you know, that doesn't work for us. COMMISSIONER ABERNATHY: Okay. COMMISSIONER ADELSTEIN: No. CHAIRMAN BUDD: I'm sorry. Mr. Adelstein does not want to incorporate that into his motion. Mr. Strain, there was something about stormwater, and I didn't pick up on it. COMMISSIONER STRAIN: It was just adding some provisions to the PUD they had indicated they would include in the covenants, the homeowners' docs, whatever the appropriate vehicle is, that they would take their proportionate share of the stormwater maintenance and they would provide a-- MR. YOV ANOVICH: We're not going to let that be a deal breaker. It can go in. COMMISSIONER STRAIN: Stipulation for 90-day leases, no more than three times a year, and then 20 percent of the maintenance cost of Vale wood. COMMISSIONER ADELSTEIN: I'll take them all. CHAIRMAN BUDD: Okay with the motion and the second? COMMISSIONER MURRAY: Yeah. CHAIRMAN BUDD: Okay. COMMISSIONER STRAIN: I also asked for 6.1 units per acre. COMMISSIONER ADELSTEIN: No. CHAIRMAN BUDD: Motion maker's not receptive of that. COMMISSIONER STRAIN: And before we vote, I need to make a statement. Page 79 16/2 C 2 September 1, 2005 CHAIRMAN BUDD: Okay. Well, let's make sure we know what we're voting on. This is where -- this is the -- the making of sausage and the making of laws and ordinances is an ugly process. Ray, do you have that clearly down what we're -- MR, BELLOWS: I think between Heidi and myself. CHAIRMAN BUDD: Okay. Sir, the public hearing has been closed. Okay. Is everybody understanding of the motion we're making? Mr. Strain, you want to make a declaration before the vote? COMMISSIONER STRAIN: Only because it's lengthy. CHAIRMAN BUDD: Okay. COMMISSIONER STRAIN: With the stipulations that were not accepted, I do not feel that it's consistent with the GMP in section 5.4; the transportation element, 5.1 and 5.2; LDC section 4.07,02, B-1, D-3, A, B, D, F, and G; rezone fmdings four, five, seven, and 14; and PUD findings one, three, four, and seven. CHAIRMAN BUDD: Other discussion before we call the question? (No response.) CHAIRMAN BUDD: There being none, all those in favor ofthe motion, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER LINDY: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN BUDD: Those opposed? COMMISSIONER CARON: Aye. COMMISSIONER STRAIN: Aye. CHAIRMAN BUDD: Okay. And ifrm correct, that was Ms. Caron and Mr. Strain in opposition. Any others? (No response.) CHAIRMAN BUDD: So the motion carries, 7-2. (Applause.) CHAIRMAN BUDD: Ladies and gentlemen, I appreciate your good manners in helping us get through this. And if you could clear the room quietly, we still have to work. Ladies and gentlemen, please clear the room as quickly and quietly as possible. Please leave and continue your conversations outside. We have more matters to consider, and we can't work over the noise that you're creating. Thank you. For the planning commissioners. Item of discussion. It is now I :20 p.m. We've been working right through our lunch. We still have two agenda items to consider. Ladies and gentlemen, please clear the room quietly. We have the LDC special cycle 2A, which has been continued from August 18th, as well as Mr. Strain's request that under old business we have a meeting on the meeting. Now, it is up to us to decide, do we want to break now for lunch or continue with our agenda items and push through as long as it may take to finish. It's up to other planning commissioners. What's your desire? Mr. Adelstein? COMMISSIONER ADELSTEIN: I would like to get my lunch, MS, STUDENT-STIRLING: Me, too. Page 80 1612 C 2 September 1, 2005 COMMISSIONER ABERNATHY: I'm leaving. COMMISSIONER STRAIN: I'm not going to be able to stay here probably past two o'clock, so -- CHAIRMAN BUDD: And Mr. Strain has a business meeting at two o'clock, so if we break now for lunch, he'll be out of further discussions. Mr. Abernathy has other obligations also that, when we break, he will not be returning. Do we still have a quorum? Everyone else still ready to return? COMMISSIONER MURRAY: Yes. Perhaps we should continue further because of the fact that Mr. Strain is unavailable, and he, as we know, has many insights. COMMISSIONER SCHIFFER: Russell, could Mark make his presentation now and then we go to lunch? Is it a long one, Mark? COMMISSIONER STRAIN: Well, I mean, mine's going to probably be lengthy, and that's -- there's a lot of issues involving Margie's rewrite, and that goes back to the Lindy declaration that we talked ~ about last time. Basically my position, and I'll state it now and then you guys can debate it later. It hasn't changed. And I like what we suggested last time, and I also believe that administratively this density can be handled through the concurrency issues. We don't need to add another layer of overview on what's already there. At the most possibly a paragraph might be added to the PUD section addressing what happens to leftover density, but we don't need to get into a document of this magnitude, I believe, and that was what I was going to express and walk through some issues, but those issues, I'm sure, aren't as overwhelming as just that statement. CHAIRMAN BUDD: Well, I'm confident that with Mr. Strain's diligence and eye for detail, that there's at least an hour, maybe more, of discussion, and -- if we proceed on this, and I agree with the comment made earlier, that obviously Mr. Strain is the detail-oriented one, not that everybody else doesn't have valuable comments and interaction, but I would not be enthusiastic about proceeding on that aspect of our business without his input. COMMISSIONER ADELSTEIN: Neither would 1. CHAIRMAN BUDD: And with that in mind, we've continue this from August 18th. We could continue to another date certain to gain Mr. Strain's input. Is there an inclination to proceed in that way? COMMISSIONER ADELSTEIN: I would prefer that, because I would prefer to have him present. COMMISSIONER VIGLIOTTI: I'd second that. If that's a motion, I'll second. CHAIRMAN BUDD: Well, what we need to do -- we need some advice from the county attorneys. Can we continue this to a date certain or indefinitely, or how should we properly continue this item? MS. STUDENT-STIRLING: I think we can continue it to a date certain. It is supposed to go to the board on September the 13th with them taking fmal action on September the 27th. And so I'm just -- let's see. Our next planning commission -- what's our next regular planning commission? COMMISSIONER STRAIN: The 15th, I believe. MR. BELLOWS: The 15th, would be September 15th. MS. STUDENT -STIRLING: I think -- I think that we can probably -- we've done that before, and then the board has -- you know, because they will have your input by the time they have the final hearing. CHAIRMAN BUDD: Okay. Since there's precedence and the county attorney's office advises us that it's legal, do we have a motion to continue -- COMMISSIONER ADELSTEIN: I said that. CHAIRMAN BUDD: -- item 8D to our next regularly scheduled meeting of September 15th? COMMISSIONER ADELSTEIN: I so move. CHAIRMAN BUDD: We have a motion by Mr. Adelstein, a second by Mr. Vigliotti. Discussion? Page 81 1612 C 2 September 1,2005 ... J (No response.) CHAIRMAN BUDD: All those in favor, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER LINDY: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: (Absent.) COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: It is unanimous among the eight planning commissioners present. COMMISSIONER STRAIN: I just want to thank all of you. I appreciate the deference in that. Thank you. CHAIRMAN BUDD: Okay. Last item of business, item 9, old business, discussion ofthe meeting on the meeting. Mr. Schmitt came up during one of the breaks and made the comment that it was a suggestion, not necessarily a good one or a bad one, but it was a suggestion. And the conversations he's heard rrom various planning commissioners separately and specifically to him as is legal and appropriate, is that there is not an inclination to hold a meeting before the regularly scheduled meeting. And if that's the consensus of the planning commissioners. Mr. Schiffer? COMMISSIONER SCHIFFER: Ray, do we have a -- our next meeting, do we have a big schedule, a lot of items? Because we could maybe find some time then to take -- we could isolate a couple of issues, MR. BELLOWS: I don't have the agenda, I'm sorry. I can't tell you. COMMISSIONER ADELSTEIN: There was one in the -- just one in the paper that I was able to fmd. COMMISSIONER STRAIN: Well, Brad, what you're proposing is to do a workshop on the meeting? COMMISSIONER SCHIFFER: Well, not a workshop. COMMISSIONER STRAIN: Because we can't bring the issues in the meeting up to the 15th because we've already continued them to the 21 st. COMMISSIONER SCHIFFER: Okay. So it's a moot thing anyways. COMMISSIONER STRAIN: Yeah. I don't know how you would do that without getting into notices we provided at the last meeting. COMMISSIONER SCHIFFER: Unless we do have a workshop, I guess. CHAIRMAN BUDD: So would the inclination be to meet on this item as originally scheduled with no modification or change? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN BUDD: Is that correct? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN BUDD: Just to clear the record, do we have a motion to that effect? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER STRAIN: So moved. CHAIRMAN BUDD: Motion by Mr. Strain, second by Mr. Adelstein. Page 82 1612 C 2 September 1, 2005 Discussion? (No response.) CHAIRMAN BUDD: All those in favor, say aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER LINDY: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: (Absent.) COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. We will not have a meeting inside the meeting. COMMISSIONER STRAIN: One more issue. Mr. Chairman, before you hit the gavel, I want to express the gratitude of this entire panel for your leadership for the past couple of years. (Applause.) COMMISSIONER ADELSTEIN: Yes, absolutely. COMMISSIONER STRAIN: We're going to certainly miss you and your -- I guess I should say it's a kind way and nonabrasive way of keeping everybody in line. So I certainly have appreciated what rve learned from you, and I want to thank you for all the years you've provided to the planning commission. COMMISSIONER MURRAY: Echo that strongly. COMMISSIONER SCHIFFER: Ditto me. CHAIRMAN BUDD: Well, thanks. We're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:26 p.m. COLLIER COUNTY PLANNING COMMISSION RUSSELL A. BUDD, CHAIRMAN Page 83 1612 C 2 August 18, 2005, TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION NAPLES, FLORIDA AUGUST 18,2005 RECEIVED SEP 3 0 2005 Board of County CommisSioners LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Kenneth Abernathy Donna Reed Caron Lindy Adelstein Paul Midney Brad Schiffer Robert Murray Mark Strain Robert Vigliotti ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Marjorie Student-Stirling, Assistant County Attorney Don Scott, Transportation Planning Fiala Halas Henning Coyle Coletta // ,// ;; V' ~ ~ Mise, Corres: Date: I J / J /OS , , Item#: /It;:! ~C~ Page 1 Copies to: 1612 C 2 August 18, 2005 CHAIRMAN BUDD: We'll call this meeting of the Planning Commission to order. Please join me and rise for the Pledge of Allegiance. (Whereupon, the Pledge of Allegiance was recited in unison.) CHAIRMAN BUDD: First item like to address is to make sure I've got the correct agenda. I've had an agenda that was replaced by another one that was replaced by another one, and currently I have an agenda that is marked Revised II that was e-mailed out on August 12th at 10:21 a.m. By chance, is that the correct agenda? COMMISSIONER MURRAY: That's what I have. CHAIRMAN BUDD: Does that sound, correct, Mr. Schmitt, called Revised II? MR. SCHMITT: The agenda I have is one that came in my packet and Ray is not here. CHAIRMAN BUDD: I've got that one and two more. COMMISSIONER STRAIN: And I don't even have that one. However you all decide, I'd sure like a copy of whatever we decide to use today. MR. SCHMITT: The one I have shows LDC Amendment Cycle 2A followed by Petition B, which is the BA2005-AR7-444. And then petition involving Waterways Joint Venture. CHAIRMAN BUDD: Yes. MR. SCHMITT: Petition Valleywood Properties and petition Craig Properties, Richard and Frances Craig CDN. This is the AR-2005 -- or AR-7469. COMMISSIONER ABERNATHY: That's it. MR. SCHMITT: We're on the same page. CHAIRMAN BUDD: All right. Roll call then. Ms. Caron. COMMISSIONER CARON: Here. CHAIRMAN BUDD: Mr. Vigliotti. COMMISSIONER VIGLIOTTI: Here. CHAIRMAN BUDD: Mr. Abernathy. COMMISSIONER ABERNATHY: Here. CHAIRMAN BUDD: Mr. Strain. COMMISSIONER STRAIN: Here. CHAIRMAN BUDD: Budd is here. Mr. Adelstein. COMMISSIONER ADELSTEIN: Here. CHAIRMAN BUDD: Mr. Midney is absent. Mr. Schiffer. COMMISSIONER SCHIFFER: Here. CHAIRMAN BUDD: Mr. Murray. COMMISSIONER MURRAY: Here. CHAIRMAN BUDD: Addenda to the agenda. Our agenda, just for clarification is not an addenda. Our agenda is clarified that PUDZ-A2004-AR-6084, Waterways Joint Venture IV has been continued indefinitely. So I just wanted to point that out. That's not a change. And also, there is a request by the petitioner on item D, that is petition PUDA-2005-AR-7152, Valewood Properties represented by Bruce Tyson has made a request to continue their petition. It's my understanding :lTom the petitioner that they just met yesterday with the residents and given -- and request to have sufficient time to entertain that dialogue and see what changes might occur as a result of that dialogue and it would be inappropriate to continue today. On the other hand, because nothing is ever easy, it's my understanding that there are residents who have flown in :lTom out of town and wish to speak on this item. And they have been advised by the county attorney that it would be appropriate and proper if this planning commission would hear them, allow their comments to be put on the record, but not take any action today. My personal response to that would be Page 2 1612 C 2 August 18, 2005 that I respect the county attorney's recommendation and certainly think we should do that if the residents so desire, but I would recommend against it because we hear so darn many petitioners, quite :trankly, your message would be somewhat mooted or forgotten between now and whenever it is that we might hear your petition. But we do not wish to infiinge on your rights, and if you wish to make any representations into the record, I think we should hear those. So, between the petitioner and the residents, what are the thoughts? Or is there a request to anything other than to continue this petition? Yes, sir, Mr. Brooker. MR. BROOKER: Clay Brooker :trom the law finn of Cheffy Passidomo. We represent the Quail Creek Country Club. And I guess our only comment would be that, if it's possible could we get a representation :trom the petitioner this will be the only continuance requested, so that a lot of the other people who are flying in or coming to speak are in fact given some level of assurance, given the fact that we found out about this request about 5 :00 p.m. yesterday afternoon. CHAIRMAN BUDD: Mr. Y ovanovich, your thought on that request? MR. YOV ANOVICH: That's fine. And we're requesting continuance to your next meeting, so it's time certain. Excuse me. And we're not going to request, you know, the continuance, we just want to react to the infonnation we heard yesterday. CHAIRMAN BUDD: Okay. (Whereupon, Commissioner Paul Midney arrived.) MR. YOV ANOVICH: Now, I just want you to know we had met with other groups long before yesterday. This was the first time we had a chance to meet with Quail Creek Estates and Quail Creek Country Club. CHAIRMAN BUDD: Our next regularly scheduled meeting. The first Thursday of September, September 1 st. COMMISSIONER SCHIFFER: Mr. Chainnan? CHAIRMAN BUDD: Yes, sir. COMMISSIONER SCHIFFER: Just a question. Why are we continuing it again? This is the second continuance. CHAIRMAN BUDD: Because the residents just met with the petitioner yesterday. Petitioner feels that with less than 24 hours after that first dialogue, it's not enough time, and in the context of LDC amendments we heard last night, that the dialogue was not finished and we're trying to render judgment, was incredibly frustrating, and I'd like to not do that on this petition. MR. YOV ANOVICH: And also, Mr. Schiffer, the first continuance was at the residents' request. They asked us to postpone so they can have some additional time to digest the infonnation which we graciously agreed to. CHAIRMAN BUDD: Very gracious. Well put, Mr. Y ovanovich. MR. ABERNATHY: Spare us the adjectives. CHAIRMAN BUDD: In any case, we've well served that any negotiations happen before it gets here and everybody is in agreement, life is good. That being the case, do we have a motion to continue this petition with Valewood Properties until September 1st? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: Second. CHAIRMAN BUDD: I have a motion by Mr. Adelstein, second by Mr. Murray. CHAIRMAN BUDD: Any further discussion? All those in favor say aye. CHAIRMAN BUDD: Aye. MR. STRAIN: Aye. MR. MURRAY: Aye. MR. ADELSTEIN: Aye. Page 3 1612 C 2 August 18, 2005 MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. MS. CARON: Aye. MR. MINDY: Aye. CHAIRMAN BUDD: Those opposed? COMMISSIONER SCHIFFER: Aye. CHAIRMAN BUDD: Motion carnes. Petition is continued, COMMISSIONER ADELSTEIN: Mr. Chairman, I would like to bring up a motion in old business which is pertaining to owners notification. CHAIRMAN BUDD: Okay. Old business. MR. WHITE: Mr. Chainnan. CHAIRMAN BUDD: Yes, sir. MR. WHITE: Assistant county attorney, Patrick White. Have you moved on beyond addenda to the agenda? CHAIRMAN BUDD: We're still making addenda to the agenda. MR. WHITE: Thank you. CHAIRMAN BUDD: So Mr. Adelstein has a request to modify the agenda to discuss owner notification under item nine. And Mr. Strain has some other requests for agenda. COMMISSIONER STRAIN: My first request is that we schedule some discussion on this agenda addenda, Agenda for discussion for continuance oflast night's meeting to a time certain date. I know it's not on here because we just did this last night, but I'd certainly like to see it added to the agenda. CHAIRMAN BUDD: Would it be logical to add that under old business or item 8A, which is LDC cycle, a different cycle, but we'll have all the relevant parties here? COMMISSIONER STRAIN: Well, it might be because I have an issue with 8A that might involve the agenda. MR. SCHMITT: We have two different cycles -- CHAIRMAN BUDD: Distinctly different, but I'm thinking we should make them back-to-back discussion. MR. SCHMITT: I would recommend we discuss that first before proceeding in 8A, so we'll mark that 8Al. I don't know. CHAIRMAN BUDD: Okay. MR. SCHMITT: That we proceed with that discussion first before we proceed with the next cycle. CHAIRMAN BUDD: So the schedule will be the first thing we discuss under advertised public hearings. MR. SCHMITT: Would be the continuation of the LDC hearing from -- my only comment-- meeting from last night. My wife is going to kill me. COMMISSIONER STRAIN: You keep calling it a hearing. As part ofthat discussion I would like to discuss the fact that all ofthe -- all of 8A, the first one we're going to hear, which is the cycle 2A special, is not the second hearing. The back of that book is a brand new item that has not had a first hearing yet. So if you want to make sure we reschedule that at a time -- if you want to dovetail it into the one we're going to schedule on the 1 st, that's fme. CHAIRMAN BUDD: Well, that will be our first item up. Any other addenda to the agenda? Okay. Can we have a motion that under item 9, old business we discuss owner notification, and as first item under 8Al would be the LDC schedule. Do we have a motion to that effect? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: Second. Page 4 1612 C 2 August 18, 2005 -- CHAIRMAN BUDD: Motion by Mr. Murray, second by Mr. Adelstein. All those in favor say aye. CHAIRMAN BUDD: Aye. MR. STRAIN: Aye. MR. MURRAY: Aye. MR. ADELSTEIN: Aye. MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. MS. CARON: Aye. MR. MINDY: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? The agenda is modified. Planning Commission absences. I will not be present at the second September meeting, September 15th. Any other planned absences? COMMISSIONER STRAIN: That's your last meeting, isn't it? CHAIRMAN BUDD: Not now. September 1st is my last meeting. COMMISSIONER STRAIN: That's what I mean. Oh, okay. So the party that everybody is planning has to be September 1 st. CHAIRMAN BUDD: Well, the party will be after I'm gone. Any other planned absences? Approval of minutes. There were none. Board of County Commissioners' report. No report, No chainnan's report. We'll go into our item 8, advertised public hearings. The first item up is the LDC schedule as requested by Mr. Stain. MS. F ABACHER: Good morning. Catherine Fabacher with Zoning & Land Development Review. We're discussing Special Cycle 2A, which was approached by the Board of County Commissioners. First two items are in response to the Glitch Amendments to the GNP you recall were heard before by you and were pulled ITom the last cycle, so we're going to try to pass those today. Because you know they had preceded the changes to the Growth Management Plan. CHAIRMAN BUDD: That was our item 8A as scheduled. We stuck something in ITont of it and that's Mr. Strain's continued discussion, which I think is tailing off oflast night's meeting. COMMISSIONER STRAIN: Right. That kind of dovetails to what you said. And maybe I need a clarification because in reading what's on the agenda for 8A today, I see the TDR process is the beginning part of that, and I know we did discuss that before. But slipped into the back, unbeknownst to most people, are four pages. For the whole new concept for Collier County is removing growth density. I don't recall having seen that before. MS. F ABACHER: No, sir, you haven't. COMMISSIONER STRAIN: Therefore, I want to make sure when we discuss the second reading, that this is the first reading for that, and that portion of what you're bringing for us in 2A is the second reading only for TDRs, and the first reading for the vesting issue. MR. WHITE: Mr. Chainnan? CHAIRMAN BUDD: Mr. White. MR. WHITE: I don't recall this body ever having voted to have a second hearing on any of these matters. Now, certainly, I guess what Mr. Strain is suggesting is that maybe you should have one. But as to the TDRs, those, as you correctly understood, flow ITom matters that were previously continued and heard as part of Cycle One. Okay? So whether you're going to want to have a second hearing of those, whether we're going to use a new word in jargon fonn called reading, further confuse the matter between hearings and meetings, readings, I don't know, but my suggestion would be that we attempt as we did last night, to speak precisely about these things, and if you want to have a second hearing -- this is my opinion -- a Page 5 16 12 C 2 August 18, 2005 continued meeting ofthose TDR provisions, even though it's not fÌom a point in time, date time certain. It's a new advertised, it's a new meeting, and it's a first hearing, arguably of the TDR provisions, as well as what otherwise has been referred to as excess intensity. Okay? So they are a package being presented to you today, And if you choose to think of them as being before you for the first hearing, or a continued meeting for a first hearing, either of those would be true and legally appropriate. But, there has never been, to my knowledge, any detennination made by this body as to either the TDRs or the excess intensity provisions that you want to have a second hearing. If you choose to do so today, that would require you to make a motion, second and have a majority vote. MR. SCHMITT: Can I add to make sure for the record you understand that this was presented to the Board of County Commissioners on the 26th of July at the Board of County Commissioners meeting. Just for the record, in order to have more than two LDC cycles a year, we have to request a special cycle. We requested that special cycle. That special cycle was approved by the Board of County Commissioners at that July 26th meeting, and at that meeting, we identified the subjects of that special cycle. One being the handling of amendments dealing with TDRs, and the other amendment dealing with the excess intensity issue. So that was publicly presented there in the Board of County Commissioner's hearing, and in the associated executive summary that was published as part of the public record, and identified as part of the public record. CHAIRMAN BUDD: Mr. Strain. COMMISSIONER STRAIN: Okay. For sake of argument, I believe this is the second discussion we're having on this TDR process here today before us. I believe it might be the first discussion we're having on the gross density issue that's before us. We have chosen in the past issues that have been problematic or first time through or early or for whatever reason, to have a second discussion on a possible issue. All I'm suggesting is that the TDR process today could be our final discussion, and that the second part oftoday's meeting, or today's second cycle, whatever you want to call it, needs to have a second discussion after today because of the very limited amount of distribution that that one has had to affected parties within the county. MS. CARON: I would second that. COMMISSIONER STRAIN: Your attorneys can label it anything you want. CHAIRMAN BUDD: Mr. Strain, can we take that as a second motion fÌom you that there will be a second hearing? COMMISSIONER STRAIN: I'm not going to use the word hearing again. Call it anything you want. MR. VIGLIOTTI: Meeting. CHAIRMAN BUDD: Second meeting. There will be a second meeting on this item, which we will pick a date and time, depending upon availability of everybody. COMMISSIONER STRAIN: And the vesting on the gross density issue. MR, ABERNATHY: Why don't we hear it before we decide whether it needs a second hearing -- second meeting. CHAIRMAN BUDD: Given that, it's brand new to us and the public is largely uninformed, I guarantee you we need to discuss it at a future date to allow it to disseminate through the community. COMMISSIONER ABERNATHY: Is that a motion, Mark? COMMISSIONER STRAIN: Yes. CHAIRMAN BUDD: Yes, that's a motion by Mr. Strain. Do we have a second? COMMISSIONER CARON: Second. CHAIRMAN BUDD: Second by Ms. Caron. Discussion that there will be a second meeting. COMMISSIONER STRAIN: You want to call it a meeting, hearing or discussion? Let's just say Page 6 1612 C 2 August 18, 2005-- discussion. We're safe with that word. MR. WHITE: I would suggest you're not safe, in fact, Mr. Strain. I'd suggest that you're injecting ambiguity. And I think the whole point of my comments is to try to bring some clarity and precision to this process so the public can be informed. COMMISSIONER STRAIN: What do you want us to call it, Pat? MR. WHITE: I think you should call it what it is. If you want to have a second hearing on it, please do. CHAIRMAN BUDD: Okay. That's good. Mr. Strain's motion is for a second hearing on this item. Ms. Caron, your second is confirmed on that? MS. CARON: Second. CHAIRMAN BUDD: Any discussion on that? COMMISSIONER SCHIFFER: I do have one. CHAIRMAN BUDD: Yes, sir, Mr. Schiffer. COMMISSIONER SCHIFFER: In the same ordinance, like Pat said, we're allowed to have a second hearing if we so decide, also states that it has to be in the evening. In other words, if we have one meeting, it has to be in the evening. In other words, we have to air any change in the public's eye in the everung. MR. WHITE: I'm unaware of that, of the requirement of the LDC. You may be correct, Commissioner Schiffer, but the most we've ever had in anything, even use changing provisions have been one of the meetings only, not both, had to be in the evening. COMMISSIONER SCHIFFER: Correct. That's my point. I mean, you can't have one meeting in the morning and not meet the code. MR. WHITE: I don't believe that either ofthese would fall under the heading of what change uses in a particular zoning district. And in that sense, in my opinion, it wouldn't fall into that category, but there may be others who differ in that opinion. CHAIRMAN BUDD: Well, Mr. White, will that next hearing have to be properly advertised rather than a date certain picked right now? MR. WHITE: Yes. CHAIRMAN BUDD: Okay. Since there will be some time before that advertisement takes place, can we have an appropriate search and see if there is an evening requirement, and if so, we will schedule accordingly. And if not, we don't have a problem. MR. WHITE: Assuming that's the form ofthe motion, that's what we'll do, but. CHAIRMAN BUDD: Is that -- COMMISSIONER STRAIN: I'll accept that as an amendment to the motion. CHAIRMAN BUDD: Ms. Caron, you're in agreement? COMMISSIONER CARON: Yes. CHAIRMAN BUDD: Further discussion? COMMISSIONER SCHIFFER: I can give you that code section. It's old code, 2.7.2.3.4. It's disappeared in the recodification. CHAIRMAN BUDD: Okay. Any further discussion? Mr. Schmitt? MR. SCHMITT: Just for the record, to advise this special cycle as approved by the Board of County Commissioners that as of September 13th, here in the regular agenda to the Board, and the September 27, second hearing to the Board, obviously if you choose to have a second hearing, those dates will change. And I want to make that known on the record, that we will not be able to -- if you choose to have a second hearing, which is your prerogative, I want to make it known that those dates on September 13th and September 27th, will most likely change. Page 7 1612 C 2 August 18, 2005 CHAIRMAN BUDD: Thank you. This is understood. Any further discussion? MR. ABERNATHY: So what? MR. SCHMITT: Ijust wanted to add it to the record. CHAIRMAN BUDD: There being no further discussion, we'll call the question, all those in favor of the motion signify by saying aye. CHAIRMAN BUDD: Aye. MR. STRAIN: Aye. MR. MURRAY: Aye. MR. ADELSTEIN: Aye. MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. MS. CARON: Aye. MR. MINDY: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed. (No response.) CHAIRMAN BUDD: We will have a second hearing. It will be advertised for a time and date certain. MR. WHITE: Thank you very much, Commissioner. CHAIRMAN BUDD: Now we'll move on to our regularly scheduled Agenda Item 8A. COMMISSIONER STRAIN: Do you want to -- MR. SCHMITT: First of all, before we get into 8A, do we want to talk and continue the meeting -- CHAIRMAN BUDD: That's correct. MR. SCHMITT: -- last night's meeting, continue last night's meeting so we can make that discussion? Resolve that. CHAIRMAN BUDD: Yes, indeed. I forgot that, thank you for the reminder. We continued last night's meeting to today. MR. MURRAY: To today? CHAIRMAN BUDD: Yes. Our meeting that ran from 5:05 to approximately 8:00 p.m. last night was continued until this morning. And now we can pick a time, because last night we were not able to access the Board of County Commissioners boardroom schedule because it was after hours. Now we have that information available. Mr. Schmitt, what times and dates are available to us? MR. SCHMITT: We can continue with the date of September 21 st and we can have this room rrom 2:00 p.m. on, if you choose to start at 2:00 p.m. If you want to start later, we certainly can. But this room will be ours from 2:00 p.m. on the 21st until whenever, And if we do not get through that, we will have to continue that meeting. We'll search for a follow-ups on date. CHAIRMAN BUDD: What is the pleasure ofthe Planning Commission? Do we want to start earlier in the day to give ourselves more time, or still hold to 5:05 p.m? Mr. Schiffer? COMMISSIONER SCHIFFER: My concern again is, if there is a requirement, which I believe there is, that it's heard in the evening by items being first heard during the day, does not meet that requirement. CHAIRMAN BUDD: Mr. Adelstein? COMMISSIONER ADELSTEIN: I personally can't make the meeting at 2:00. I can make it at 5:00. CHAIRMAN BUDD: Okay. Mr. Strain. COMMISSIONER STRAIN: That would then make the first and second hearing basically all the same day. We can second hear some of the things we talked about last night, but it would still be the first Page 8 1612 C 2 August 18, 2005 '- hearing for the rest of the items, which we haven't even seen the corrections ITom last night's ones yet, which I don't expect this morning. But on the same side of the coin, last night we got through 18 pages in the ITont and a few pages in back. So let's say 25 pages out of 200 in three hours. And last night, because of some of the defensive comments made, I believe they've got to be looked at more thoroughly not less thoroughly. And as a result I think it's going to take longer to get through the rest of those 175 pages now than it would have been otherwise. So, I don't know how we're going to get through this on the first hearing in one afternoon and go right into the second hearing in the evening. It's even, you know, past Brad's comment as well. If there's a requirement to do it in the evenings, we should do it in the evenings. CHAIRMAN BUDD: Mr. Strain, I don't think that when we reconvene on the 21st, we have to complete our business on that evening. And that if we continue ITom there to another time, and it takes hours, days or weeks to complete, it takes whatever time it takes to complete the process. COMMISSIONER STRAIN: That's fine, if that's the way the Board would go. I know it was listed as our last hearing. That's what my concern was, if it's not going to be, then I have no problem with it. CHAIRMAN BUDD: Mr. White, would that be our last hearing or our next hearing? MR. WHITE: As to those matters, I believe you're only referring to those as meetings. I understand that there's a sense of concern on one or more of the part of the Commissioners today about some of this confusion. And what I would hope is that what is recognized is that my fervent intent to be clear and to recognize the value and importance of the distinctions we're making, rather than to fmd humor in them. So I'm hoping we can treat this, you know, discussion with a degree of decorum I think is appropriate. CHAIRMAN BUDD: So with that, we will -- it sounds to me like there's a consensus that we should meet at 5 :05 p.m. on September 21 st for our next meeting on the LDC2 cycle to continue the first discussion, first hearing on those matters that we did not hear last night. And then ITom that completion, either move into or reschedule future meetings, as appropriate, for the second reading and further discussion as time requirements may be apparent to us at that time. MR. ABERNATHY: Mr. Chainnan? CHAIRMAN BUDD: Yes, sir. MR. ABERNATHY: It's unfortunate that our lawyer sitting here can't tell us whether it has to been at 5:05 or whether it can be earlier in the day. Based on my six years, and you probably remember this as well as I, we have commenced these hearings at 5:05 and if they had to be continued, we took up at 8:00 or 8:30 having started at 5:05, we were told there was no requirement that we go ITom 5:05 to 5:05 to 5:05. That has not been the practice the last six years and nobody seems to have had any problem with that. I think we just hamstring ourselves if we keep doing this 5:05 stuff knowing that we can't finish anything in that amount oftime. COMMISSIONER MURRAY: I agree. CHAIRMAN BUDD: I would agree, Mr. Abernathy. So, if there's not a legal requirement that we meet at 5:05 as a practical scheduling requirement, Mr. Adelstein has made clear that he can't meet earlier in the day. Are there any other Commissioners that cannot meet earlier in the day on the 21 st? COMMISSIONER STRAIN: Well, is there another day Mr. Adelstein can join us? COMMISSIONER ADELSTEIN: Any day but Wednesday. COMMISSIONER STRAIN: That may not be so hard. COMMISSIONER ABERNATHY: Well, he can join us at 5:05, there will still be plenty left. COMMISSIONER ADELSTEIN: I'll just layout the facts. CHAIRMAN BUDD: And I think that's true. And certainly, we clearly have a majority of Planning Commissioners available. Do we have a motion to meet on September 21st, 2:00 p.m. to continue to hear the LDC cycle -- COMMISSIONER ABERNATHY: So moved. Page 9 1612 C 2 August 18, 2005 COMMISSIONER VIGLIOTTI: Second. CHAIRMAN BUDD: I have a motion by Mr. Abernathy and a second by Mr. Vigliotti. Discussion? COMMISSIONER SCHIFFER: I kind of agree because last night we did ask anybody in the public, we did hear what the public was here on for the evening, so I certainly think we honored these meetings on cycle one. MR. SCHMITT: Yes, we did. Wernet the requirement for Cycle One. COMMISSIONER SCHIFFER: Yeah, I'm comfortable with that. CHAIRMAN BUDD: Any further discussion? (No response.) CHAIRMAN BUDD: There being none, we'll call the question. All those in favor of the motion signify by saying aye. CHAIRMAN BUDD: Aye. MR. STRAIN: Aye. MR. MURRAY: Aye. MR. ADELSTEIN: Aye. MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. MS. CARON: Aye. MR. MINDY: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? (No response,) CHAIRMAN BUDD: Motion carries. MR. MURRAY: IfIjust may, is it possible in the future that we could avoid having the Wednesday followed by the Thursday nonnal agenda? It really puts an inordinate amount of pressure in trying to read all of this in four to five days. COMMISSIONER ADELSTEIN: Bob, that came up at a meeting and Joe said he was going to take care of it. COMMISSIONER SCHIFFER: I know it did. COMMISSIONER ABERNATHY: But not this quickly. MR. WHITE: I'd just like to note for the record, I think Mr. Schmitt's comments regarding Cycle One were meant to be Cycle Two. MR. SCHMITT: Yes, MR. WHITE: Thank you. CHAIRMAN BUDD: Okay. Are we complete with all of the items and ready to hear LDC Amendment Special Cycle 2A? I think we are. Yes, ma'am. MS. CHUMBLER: Good morning, Commissioners. I'm Marti Chumbler, outside land use counsel for the county. And I'm here to talk about the first two items, the two TDR amendments, LDRs. And I'm now able to tell you that these are in fact implementing LDRs for Comprehensive Plan provisions, all of which have been adopted by the county commission. MR. WHITE: IfI may interject momentarily, be a pest one more time. I'd just like to put on the record the Affidavit of Publications, which I have reviewed and found to be legally sufficient for the public hearing to proceed for Cycle 2A at this time. Thank you. I'll be turning it over to our minutes keeper. I apologize. Page 10 1612 C 2 August 18, 2005 1 , CHAIRMAN BUDD: Thank you. MS. CHUMBLER: And Mr. Chainnan, my intent since I have been here and discussed these with the Commission previously, it's not to spend a great deal oftime speaking of details, but to give a brief summary, and certainly address any questions that the Commissioners may have as to get approved. j These amendments really relate to two different things. There's a few of them which relate to what we call Glitch Amendments to the Comprehensive Plan. But the majority of them implement those provisions of the Comprehensive Plan that deal with TDRs and what we now have as TDR bonus credits. So you'll see throughout these -- throughout both -- both ofthe first two of these LDRs, we've added the tenn LDR credits in conjunction with -- sorry. TDR credits in conjunction with the TDR bonus credits in conjunction with the TDR credits. As an example, on page two, and hopefully fmally I have the same pagination that you do. If! do, it will be the very first time. You will see at the very top of that page existing language, CTDR credits, and then a new little Roman I, which deals with the creation of the TDR bonus credits of which there are three. There is an environmental restoration and maintenance bonus credit. It's created when a landowner, ascending landowner, who has several TDR credits ftom their property also chooses to take the extra step of placing a restoration and maintenance plan on that property. If you recall, they've already put it in a conservation easement. That's a requirement for getting the TDR credit to begin with. When we created, or when we adopted the TDR provisions to begin with, there was some concern that this property would be placed in the conservation easement. There was no requirement that they maintain it, and, therefore, it might became overrun with exotics. So this is a step to encourage people for that not to occur, and if they will take that extra step of making -- putting together a restoration maintenance program, imposing it and applying it to their property then, and following these steps -- and also given financial assurance that that maintenance is going to continue for the period oftime that is deemed appropriate for that particular property, then they can get one additional TDR, or one TDR bonus credit. Now there, I think last time was some question about how long a period oftime this security would need to apply for. That's going to depend on the property. Some properties, it may take longer to reach a point where essentially nature is going to have an equilibrium, and you're not too concerned about the natural vegetation has come back and there's less concern about continued maintenance. That will be a fact -- that will be a situation-by-situation determination that will be made by environmental consultants in conjunction with the environmental division. The second TDR bonus credit that is created is a conveyance bonus credit. Conveyance bonus credits are only available if you have first put in place a restoration and maintenance program, and you then would get a conveyance bonus credit if you convey your property ftee of charge to a governmental entity. In other words, you are giving your property away to the county, to the state, to the water management district, to some governmental entity. That gives you one additional TDR bonus credit. The final TDR bonus credit, and this one was put in place to encourage people to begin entering into the program, is the early entry bonus credit. That bonus credit is available for a period of three years after the adoption of this LDR -- the effective date ofthis LDR, and goes back to any TDRs that were created were severed prior to the effective date. I'm not sure I know when I was here last spring there had at that time not yet been any TDRs credit -- created. I'm not sure whether any have as of yet or not. There have. Okay. So there are some now that have been created. And those would be entitled to get this early entry bonus as well. At the end ofthat three years, no more early entry bonuses can be created, but those people who have in fact gotten them, and you get a piece of paper that signifies that bonus, could continue to use them forever. As long as there is a TDR program. So it's like cash at that point anyway. All of those TDR bonus credits can be used in the same way that TDR bonuses, TDR credits can. Theire worth the same thing. They're all worth one residential unit. Theire worth five golf course acres, and I'll get to that in a few minutes. Not both, just one probably. And so that's the intent behind the bonus Page 11 1612 C 2 August 18, 2005 credits. There's a calculation here on page three of how you would calculate the number of bonus credits that would be created, if you're entitled to one. We have throughout added TDR bonus credits to make sure that the TDR bonus credits can be used the same way that TDR credits can. There is further -- on page five, further explanation of the bonus credits and how they're created. They're created just as TDR credits are through issuance of certificate by the county. And these county certificates will-- the TDR bonus credits will be identified in such a way that you can tell what TDR credit they're associated with. They will all have an individual and distinct number. If you also look at paren 2 on page five, you'll see that we've added a provision that if you -- if your property is being used as part of a mitigation program for the governmental entities that are listed here, the Army Corps, the US Fish & Wildlife Service, the Florida DEP, Florida Wildlife Commission, or the South Florida Water Management District, then the mitigation program that that government entity has approved of, will suffice as your registration and maintenance program. This is also language on a slightly different subject at the bottom of page six, in paren G, this was added to clarify that the county bears no responsibility to notify lenders or those who hold a security interest in property, that the property, that TDR credits have been severed and the property now is subject to a conveyance bonus -- or conservation easement, that that obligation falls squarely on the shoulders of the property owner. Before I move on to the next-- CHAIRMAN BUDD: Any questions or comments? MS. CHUMBLER: Are there any questions? COMMISSIONER SCHIFFER: Yes. CHAIRMAN BUDD: Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah, one quick thing, Look on page three, our page three, and down at the bottom it's Roman numeral 6A. It says TDR credits nor early entry bonus credits. There's no way an early entry, or any bonus credit, would be available unless you had a TDR, correct? The point is, do we really need this? Ifno TDR credits are available, then essentially none of these others are available, correct? MS. CHUMBLER: Well, I think this was to be made clear. And you may be correct that it's redundant language, but, we just want to make it absolutely clear that if you have a preexisting conservation easement on property prior to severing the TDR, those two, the TDR credit and the early entry bonus are not available to you. One reason for doing that is, it's available. I mean, you may have -- for example, if you've got a TDR -- you've got property that you've severed TDRs ITom and now have a conservation easement, three years ITom now, even though that conservation easement is already there, the other two bonus credits still can be generated. The only two that are subject to that restriction, have no -- not being able to be generated ifthere's a preexisting conservation easement are the initial TDR credit, and the early entry. COMMISSIONER SCHIFFER: So the other two credits would be available? MS. CHUMBLER: They're available because -- well, remember for the other two credits, you first have to have severed your TDR. However, let's say I sever a TDR ITom a property I own as a descending land today, I've decided, you know what, I don't want to spend the money, or go get the loan or whatever I need to do the restoration and maintenance bonus today, three years ITom now I change my mind. The fact that I've already got a conservation easement on my property, doesn't preclude me then ITom choosing to take the steps necessary to get that restoration and maintenance bonus. COMMISSIONER SCHIFFER: Okay. All right. Thank you. CHAIRMAN BUDD: Any other questions or comments? Yes, sir, Mr. Vigliotti. MR. VIGLIOTTI: On the restoration and maintenance bonus, you were speaking about the amount oftime. Is that done on an individual basis, in approximately one year, ten years, five years? Do you have Page 12 1612 C 2 August 18, 2005 ... any -- -) MS. CHUMBLER: Bill Lorenz may be able to speak to this better. But, you know, I think. when we originally talked about this, the sense was probably 25 years was a pretty good average. Is that right, Bill? But my understanding is it's really going to depend a lot on the property. If you've got property that's not heavily infested already, it might not take as long. If you've got property that's heavily infested and it's situated such where there's going to be a continuing problem with infestation, and other problems that may not just be exotics, then it may take much longer. OERP. CHAIRMAN BUDD: Other questions or comments? COMMISSIONER SCHIFFER: Let me jump back in again. The restoration benefit, it's going to be like fairly easy for like a farm land; isn't it? If someone had two pieces ofland, one is totally wild, the other one is farmland, aren't they two different creatures, and would they get the same benefit for both? MS. CHUMBLER: Not necessarily. I mean, farmland you may have to do some planting there that's going to have to be -- we're talking about restoration. COMMISSIONER SCHIFFER: Okay. MS. CHUMBLER: It also may be that there's been some hydrological changes that have to be cured, too. So, again, it's going to be property specific. CHAIRMAN BUDD: Other questions? Move on. MS. CHUMBLER: The next provision has what I characterized earlier as the glitch amendments. There are in addition to this section or in this regulation, the addition of the concept ofTDR bonus credits, I think. the first change that bears some discussion is the bottom of page nine. There was a lot of discussion about this one when I was here in the spring. That relates to the use ofTDRs and TDR bonus credits for golf course acreage. And I would recommend -- I notice reading it this morning, you know, I mentioned to Randy Cohen, you can read something 100 times and that 101 st time you see something you've missed each reading before that. I notice in reading paren 3, little Roman 21, that we had neglected to add the or TDR bonus credits. So, let's say under two Roman I where it says one TDR credit shall be required per five golf course acres, it should -- we should add one TDR credit or TDR bonus credit. The intent all along is those bonus credits could be used in the same manner as a TDR credit. The reason that this language was changed, or proposed to be changed in the first place, is because the comp plan, the way it's currently written, does say that the TDR credit and, in fact, the amended language adds TDR bonus credits, can be used to entitle five acres of golf course in the rural mnge. There was confusion about whether that meant that TDR credit, or bonus credit could also be used to entitle an associated residential unit. And so, I think as we were here before, we said, ultimately for the Board of County Commissioners there's going to be two options, the option of yes it can be used for both, or no it cannot. The recollection of staff was that the original intent was that it could be double used and that's the reason the language was drafted as it was. We have now received clarification from the Board, it appears that, in fact, their intent is that it not be double used. And that's why we are proposing that this language be amended, that everything beginning with TDR credit -- that at such time as be stricken. That's about little more than halfway down little Roman two, it begins at such time as the county approves golf course development, that that not be added. That the sentence before that should be revised to read, a TDR credit may not be used to entitle golf course development as well as dwelling units. TDR credit or bonus credit. To make it absolutely clear that you may not use it for both. You can only use it for one. COMMISSIONER SCHIFFER: Marti, for clarification. The version we have has a pink highlight X through that. MS. CHUMBLER: Right. COMMISSIONER SCHIFFER: Does that mean you're going to strike that whole thing? MS. CHUMBLER: Yes. Except for we need to add -- and I discussed this again this morning with Page 13 16 12 C a August 18, 2005 staff. We need to add the sentence, or otherwise we've gone through this somewhat painful process without accomplishing what we intended to accomplish to begin with, which is to clarify this language. We do need to add in a sentence that very clearly says, a TDR credit and a TDR -- or a TDR bonus credit, may not be used to entitle both five golf course acres and a dwelling unit. That would be new language. COMMISSIONER SCHIFFER: Okay. I'm simple, I guess, Let's assume we wipe out that whole paragraph, and you're going to replace it with a sentence that says -- go ahead. MS. CHUMBLER: Well, we wouldn't wipe out the entire paragraph, just what's been marked off in pink. COMMISSIONER SCHIFFER: Well, that's what I mean. The pink stuff. MS. CHUMBLER: We would replace that with a sentence that says, a TDR credit or a TDR bonus credit that is used to entitle golf course development, may not also be used to entitle a dwelling unit. COMMISSIONER SCHIFFER: I got it. CHAIRMAN BUDD: Anything else, Mr. Schiffer? COMMISSIONER SCHIFFER: No. CHAIRMAN BUDD: Any other questions or comments? Okay. We'll continue, please. MS. FABACHER: I believe we have -- oh, she's not finished. MS. CHUMBLER: The rest of these are all items that are Glitch Amendments. There are some changes in the oil and gas exploration language that's made primarily to make the language consistent throughout the LDR's. There are some other languages, for example, under golf course to clarify what's intended by compliance with Audubon gold standard for golf courses. As you may recall -- and I'm on page 13 right now -- as you may recall there's a proposed language to reduce the green belt in north Belle Meade rural villages from 500 feet in width, but not less than -- an average of 500 feet in width, but not less than 300 in any given point to 300 feet in width on average, but not less than 200 feet at any given point. In fact, when we were requested to revisit that issue, we went back and found that in the eastern land, in the stewardship lands, this is the kind of green belt that's required for townships within the eastern lands. This makes the green belt provisions in the rural fringe for rural villages similar to that that applies in the eastern lands. Unless there are specific questions -- CHAIRMAN BUDD: Mr. Schiffer. COMMISSIONER SCHIFFER: Marti, and I'm sorry I have to go back to page three again. I'm still confused on that. Roman Numeral 6A, the example you gave was if somebody had sold a TDR, but reading III a sense -- MS. CHUMBLER: I'm sorry. Can you point me again? I'm not -- COMMISSIONER SCHIFFER: It's Roman Numeral 6A. And we discussed -- MS. CHUMBLER: On page? COMMISSIONER SCHIFFER: On page three, MS. CHUMBLER: Page three? COMMISSIONER SCHIFFER: Is it the intent that somewhere in the county where somebody already has a conservation easement or some restriction where they can't develop residential units, they can now come in with the bonus, the two bonuses, the conservation? MS. CHUMBLER: No, because a prerequisite of both the conservation bonus credit and the conveyance is that you first must sever TDRs from that. COMMISSIONER SCHIFFER: Right, that's what I thought. So the thing is, if you don't have a TDR credit, there's no way you're going to get any of these three bonuses. MS. CHUMBLER: Right, that's correct. That's a prerequisite for all three of the bonus credits. COMMISSIONER SCHIFFER: Then in the redundant language, why do we only point out early entry bonus credits? Why don't we just -- first of all, why don't we just eliminate that? Why do we need to Page 14 16 12 C 2 August 18, 2005 say that? I mean, if you can't get a TDR, then you can't get a bonus. Obviously, if you got your TDR prior to this ordinance, you should be able to go back and get these bonuses. MS. CHUMBLER: Correct. And that's what we're -- we want to make sure there's no confusion. If we create a confusion, then we should write it a different way. But the intent is that someone who, you know, five or six years trom now wants to get an additional bonus credit, they wouldn't have an early entry bonus available to them, but if they want the restoration or conveyance, the cost of the property has been under conservation easement for six years, they're not precluded ITom getting that bonus credit. COMMISSIONER SCHIFFER: Right. But they had already given away their TDR initially. MS. CHUMBLER: Right. COMMISSIONER SCHIFFER: So, obviously, you can't get two TDRs on a piece ofland anyway. So that goes without saying. MS. CHUMBLER: Right. COMMISSIONER SCHIFFER: The concern I have is the way it's worded. It gives the impression -- let's say that somebody had donated, or something out there other than the TDR program could cause a conservation easement or development restriction, which has nothing to do with this program. What this looks like is, if you have a piece ofland which has a conservation easement, or you can't develop residential units, you could go after the two bonuses, the environmental restoration and the conveyance bonus. MS. CHUMBLER: Well, if you look back at page two, little Roman two. COMMISSIONER SCHIFFER: Right. MS. CHUMBLER: It says TDR bonus credits shall only be generated trom RFMU sending land property trom which TDR credits have been severed. So that's a base requirement. COMMISSIONER SCHIFFER: Okay. So what if you changed an a -- neither TDR nor bonus credits, then I'd be safe that there's no loophole there? MS. CHUMBLER: Well, you've created a potential problem again for those people who come in, you know, four or five years trom now to get -- I mean, at that point there would in fact be a conservation easement on their property. COMMISSIONER SCHIFFER: Right. But they've already satisfied the fact that there's a TDR. MS. CHUMBLER: But we're now creating another limitation. COMMISSIONER SCHIFFER: I don't see -- MS. CHUMBLER: This is a limitation on the creation of that unit. You can't at any time -- you know the TDR -- TDRs and TDR early entry bonuses are -- if someone came in after this was effective and sought to sever their TDRs for the first time, their TDR credit and their early entry bonus credit, would be generated at exactly the same time, Simultaneously. So it would be very clear how this conservation works. But let's say the person who is already -- I don't know who it is, but whoever has already applied for and received a TDR, they don't have a -- they can't -- that early entry bonus hadn't been generated yet because the land development regulation is not in place. As soon as this land development regulation goes in place, they'd then be entitled for the early entry bonus, but their property already has a conservation easement. So we needed to make clear that that early entry bonus credit was not going to be precluded because their property already has a conservation easement on it. COMMISSIONER SCHIFFER: Right. But -- okay. I mean, I honestly think the way it's worded, somebody who is not even in the TDR program and has a development restriction or a conservation easement, can now apply for those two bonus credits. MS. CHUMBLER: Well, perhaps we can consider adding something at the bottom that says, you know, all other requirements for TDR bonus credits must be met, or something, if that's what your concern Page 15 1612 C 2 August 18, 2005 IS. COMMISSIONER SCHIFFER: Because I'm not concerned -- if the guy has a TDR, then ten years later decides to do the conservation, the two conservation easements, I can't see where that's confusing. CHAIRMAN BUDD: Does that suggested language address your concern, Mr. Schiffer? COMMISSIONER SCHIFFER: I think so. I just think -- and maybe it's just me, the way it's worded somebody could take a piece ofland that's restricted for development and go for those other two bonuses. CHAIRMAN BUDD: Mr. Strain. COMMISSIONER STRAIN: Just for the record, I have strongly expressed my distaste for this entire part of our recommended changes to the TDR program. I've done it on record previously, and I'm going to save you all and the public the time of having to hear it again, so, but I still stand by my prior objections. CHAIRMAN BUDD: Further comments, questions? Any other presentation, Marti, or we're on to registered speakers? MR. WHITE: Can I make a suggestion? CHAIRMAN BUDD: Yes, sir, Mr. White. MR. WHITE: Perhaps, Marti, taking an opportunity to draft that text in handwritten version and we would be happy to share it with Commissioner Schiffer at our break or before and maybe get something on the record prior to your vote. CHAIRMAN BUDD: That would be fine. MR. WHITE: Thank you. CHAIRMAN BUDD: Registered speakers? MS. FABACHER: We have one speaker for the TDRs. It's Nancy Patton. I'm sorry. We have more. MS PAYTON: Nancy Payton representing the Florida Wildlife Federation. And I'll be very brief. I agree with you, Mr. Schiffer, that there should be something very clear that conservation easements that were put on land prior to this program should be very clear that they're not entitled to any TDRs, whether they be base, bonus, or conveyance or mitigation. And maybe a simple sentence that says that would help clarify this problem because we don't want sending lands that are already protected to sort of double dip in this program. And the other comment I had is just a housekeeping one on page five, the very bottom, it's the Florida Fish & Wildlife Conservation Commission Just to get the name correct. That's it. Thank you. CHAIRMAN BUDD: Thank you. Next speaker, please. Mr, Anderson. MS. F ABACHER: What's the name? CHAIRMAN BUDD: Bruce Anderson. MR. ANDERSON: Good morning, Mr. ChaÌnnan. I'm here on behalf of the Collier Building Industry Association. You may recall that that organization as well as the Florida Wildlife Federation and Collier County Audubon Society worked collaboratively on these TDR bonus amendments. They've continued those collaborative efforts, and the organizations support the staff recommendation. One correction -- I believe Marti misspoke when she was discussing the green belt change in width. It applies to all rural villages, not the rural village in North Belle Meade because a green belt is not required in North Belle Meade overlay. And lastly, I would share with you the news, if you don't already know it, that the Department of Community Affairs has published its notice of intent to find the TDR bonus amendments and all the other comprehensive plan amendments that were adopted at the same time to find those in compliance with the State Roof Management Act. Thank you. CHAIRMAN BUDD: Thank you, sir. Any other speakers? Mr. Mulhere. MR. MULHARE: Thank you. Bob Mulhere with R W A. I'm actually representing myself as a professional who's been involved in this process since the outset. Lord knows seven years ago, I think. I think one of the primary objectives of the TDR program was to provide a return, an appropriate return, to Page 16 1612 C 2 August 18,2005 - the landowners ascending lands who have restrictions placed on their lands. And I believe that the amendments that are proposed at this point in time will result in a market attraction for those TDRs and will result in landowners having the opportunity to get that return. And then the second objective of the program, that is the preservation of those sending lands will occur through that process. So I would encourage you to support this, and I thank you. CHAIRMAN BUDD: Thank you, sir. Other speakers? MS. F ABACHER: I'm sorry. It's hard to say. They all put LDC Amendment 2A, so it's hard to know whether they're here for the intensity reduction or -- CHAIRMAN BUDD: Let's call them off and see if they want to talk. MS. F ABACHER: All right. Coulombe. MR. COULOMBE: Nope. Not on that one. MS. F ABACHER: Clay Brooker, Kathy Sellers and Rich Y ovanovich. CHAIRMAN BUDD: Mr. Brooker. MR. BROOKER: Clay Brooker, for the record. I was going to speak just very briefly on the excess intensity provisions only, and I know you haven't reached that yet. And I speak as vice chair of Development Services Advisory Commission. We were unable to reach -- we had the same problem you guys did. We had Cycle 2 and Cycle 2A and about a three hour time period to try to review and we weren't able to get to this particular provision, the excess intensity. It's our hope and desire that before your second hearing, we will in fact be able to come back with our comments on that provision. CHAIRMAN BUDD: Okay. Thank you. We're not there yet, but thank you. other speakers? You mentioned a couple other names. Who were those? MS. F ABACHER: Oh, I'm sorry. Cathy Sellers and Scott Coulombe. CHAIRMAN BUDD: Which he already -- Mr. Coulombe has already acknowledged it's on another item, and the lady has indicated the same. MS. F ABACHER: Mr. Y ovanovich. CHAIRMAN BUDD: Y ovanovich. Another item. MS. F ABACHER: That's it. CHAIRMAN BUDD: Okay. Any questions, comments by Planning Commission? Mr. Strain? COMMISSIONER STRAIN: Yeah. I'd like to ask a question of transportation if they have a representative here. CHAIRMAN BUDD: No, but they have Don Scott. I'm sorry, Don. You didn't deserve that. MR. SCOTT: Thanks. Don Scott. COMMISSIONER STRAIN: Good morning, Don. This particular provision is going to greatly increase density in the rural areas. Has your department reviewed this? MR. SCOTT: Not that closely, no. COMMISSIONER STRAIN: Okay. Last night your department came forward with what, in essence, is a moratorium for areas of Collier County where there could be potentially deficit roads. The rural fringe, if I'm not mistaken, has to exit this like everybody else through intersections that were identified last night, as deficient, or potentially deficient. You have not analyzed this to see what impact they have on those roadways, but seeing the severity of what was proposed last night, how could your department justify supporting this amendment not knowing the impact it's going to have on the very roads that you're trying to stop last night? MS. SCOTT: Well, I'm looking at it rrom the holistic picture. The east of951 study that we're doing right now looking at everything that I'm going to deed out there based on the build-out study, which includes all of what they're talking about. Have I reviewed that petition specifically? No. Actually my involvement was probably more like a year-and-a-half ago, two years ago when all this, you know, the rural Page 1 7 , - 16 12 C 2 August 18, 2005 land started. The -- I mean, we have a lot -- I have a lot ofprojects out in the estates, I'm going to have a lot more in the future to address these issues. COMMISSIONER STRAIN: And I empathize with you. I understand what you're saying, and my point is simply that if we're in such a shape that we want to go back and try to stop things that have previously been approved, or limit them, then why are we not stopping them before they get approved? And this is a prime example. This is one that didn't need to be done right now. We could do it later when we have a better opportunity to understand the impacts. And in the meantime, there was a program in place that could have worked to some limitation if people wanted to spend the money to make it work. I know that's not your point, or your issue, but that's my concern is the impacts on concurrency as a result of these greater impacts out there. MR. SCOTT: Well, don't misunderstand last night's attempt either. Do I want to stop all those that were previously approved? No. I want to have the improvements in place when they were coming forward. That's what our intent was. COMMISSIONER STRAIN: Maybe the better reaction to that is we have rezones coming forward. Instead of your department approving them, why don't we just say no for a while. Because they are discretionary until things change. MR. SCOTT: They are. COMMISSIONER STRAIN: Thank you. Ms. Caron. MS. CARON: I'd like to just follow up on that for a minute because the dirty little secret here is that it doesn't just affect the fringe area, it affects the urban area. These TDRs and TDR bonus credits can be done into the urban area as well. So your traffic is going to be impacted all across the board. CHAIRMAN BUDD: Other comments or questions? Mr. Schiffer? COMMISSIONER SCHIFFER: Just talking to Mark a second, Mark, what we're trying to do here is create a way to get credits and I think this is a noble cause to get the credits. All four of them. It's how would they cash them in is where you're going to go control what you're concerned about. COMMISSIONER STRAIN: Well, get the credits. The intent is to use them. Are you telling all these people -- let's go out and -- we'll encourage you to buy all these, but after you come in, we're going to tell you you can't use them for X number of years. In the case of US 41 East, for example, the DOT controls that. That was on the Habitat for Humanity project. They talked five to eight years before that's brought back into compliance, So here we are encouraging people to spend their money, invest, get their bankers involved, get lending institutions involved to buy the property and say, you know, that's great, but we're not going to let you use it for eight years. COMMISSIONER SCHIFFER: There maybe parts of town they can't use it. There maybe other parts oftown where they're readily available. So maybe it's the future use of it that's really the value of it. MR. SCOTT: And you still have your concurrency rules that, even if somebody wants to do all that, you might not be able to go forward based on that. COMMISSIONER STRAIN: Quadrupling this is going to go make those concurrency rules a little further stretched than they already are. COMMISSIONER SCHIFFER: But, Mark, it is a two-step process. One generating it and the other one cashing them in. All we're talking about today is generating the -- COMMISSIONER STRAIN: Brad, I realized before today's meeting that this board has addressed this before and I was outnumbered each time. I realize that's going to occur today so I don't need to debate it with you. I'm simply making my statements for the record. CHAIRMAN BUDD: Further discussions? Questions? There are no other public speakers. Before we transmit, there was some consideration of, Marti, you were going to try to come up with some alternate language. Do you have that or do we need to take a break? Page 18 1612 C 2 August 18, 2005 MS. CHUMBLER: I'm trying to write it -- I'm trying to write it in a form that I can read. CHAIRMAN BUDD: Are you ready or -- MS. CHUMBLER: Let's see what I can do for you. CHAIRMAN BUDD: -- should we take a short break to allow you to wrap it up? MS. CHUMBLER: I think I can. CHAIRMAN BUDD: Okay. Take a shot at it. MS. CHUMBLER: Okay. How about adding at the end of -- this is on page three at the end of paren A, environmental restoration and maintenance bonus credits and conveyance bonus credits may only be generated for those RFMU sending lands where conservation easement or other similar development restriction that prohibits residential development was imposed in conjunction with the severance ofTDR credits. MS. CARON: Say it one more time. MS. CHUMBLER: Okay. Environmental restoration and maintenance bonus credits and conveyance bonus credits may only be generated ftom those RF,MU sending lands where conservation easements or other similar development restriction which prohibits residential development was imposed in conjunction with a severance ofTDR credits. CHAIRMAN BUDD: Okay. Any thoughts on that modified language? COMMISSIONER SCHIFFER: Yes. I think it's going to make a really wordy sentence because you're repeating essentially the sentence prior to it. But as long as the intent is that unless they have a TDR -- but actually this sentence says they can't get a TDR. So what you're saying in this sentence is also saying is, you can't get two TDRs for the same piece ofland. I think this is confusing the way it's written, but as long as it's clear it doesn't pass here without the intent you can't get these TDR -- or these credits on non TDR properties. MS. CHUMBLER: The intent is to say that the only conservation easements that we're going to allow there to be on property for environmental restoration or conveyance bonus, is that conservation to the easement that was imposed when the TDR was first severed. Back whenever that occurred. CHAIRMAN BUDD: Sounds like we're there. It doesn't have to be entertaining reading, it just has to be clear. Any other thoughts or comments? Now, are we -- is our appropriate action to hear this again at a specific meeting or trans -- reftesh my memory. Where are we? MS. CHUMBLER: Well, I think that's probably at your discretion, but it has in fact been heard before, so this is at least the second reading of this one. COMMISSIONER STRAIN: We've beaten this one pretty good. CHAIRMAN BUDD: Okay. This would be a recommendation to transmit? MS. CHUMBLER: Yes. CHAIRMAN BUDD: Okay. Ifwe're in agreement, do we have a motion to that effect? MS. CHUMBLER: A recommendation to the BCC. CHAIRMAN BUDD: Recommendation to the Board of County Commissioners. MR. WHITE: For adoption. MS. CHUMBLER: For adoption, right. There's no transmittal for TDR. CHAIRMAN BUDD: Okay. Recommendation to the Board of County Commissioners for adoption. Is that your motion, Mr. Schiffer? MR. WHITE: For the finding of consistency with the comprehensive plan under its notice of intent. CHAIRMAN BUDD: You have that finding, Mr. Schiffer, in your motion? COMMISSIONER SCHIFFER: Yes, I do. CHAIRMAN BUDD: Okay. Very good. "4 Page 19 1612 C 2 August 18, 2005 MS. CHUMBLER: Mr. Chainnan, I'm reminded that we need to add in that motion what the other changes have being noted both by myself and by, I believe, Ms. Payton. She suggested a corrected title for the gain commission. COMMISSIONER ADELSTEIN: As noted. CHAIRMAN BUDD: And a second by Mr. Adelstein. Discussion? COMMISSIONER STRAIN: I will be voting no on this motion because, as acknowledged, transportation concurrency issues have not been merited out on this issue. And I believe there are other concurrency issues that this will interfere with to a point where they will became more of a detriment to the taxpayers of this county than a positive. CHAIRMAN BUDD: Further discussion? (No response.) CHAIRMAN BUDD: There being none, we'll call the question. All those in favor signify by saying aye. CHAIRMAN BUDD: Aye. MR. MURRAY: Aye. MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. MR. MINDY: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? COMMISSIONER STRAIN: Opposed. MS. CARON: Opposed. COMMISSIONER ADELSTEIN: Opposed. CHAIRMAN BUDD: And that would be Ms. Caron and Mr. Strain in opposition. And who was the third? COMMISSIONER ADELSTEIN: I was. CHAIRMAN BUDD: Mr. Adelstein. Motion carries six to three. All right. Our next agenda item, MS. F ABACHER: Okay. Our next agenda item would be what we're calling the excess intensity. Margie, did you want to explain? MS. STUDENT-STIRLING: Yes, 1'11-- excuse me. Yes, I'll explain. For the record, Marjorie Student-Sterling, Assistant County Attorney. And this ordinance was prepared at the direction of the Board of County Commissioners. And it is to address the situation that I'm sure that you've heard many times come up in hearings on rezones about some of the density out there being taken up by already built out PUDs that may not have developed to their authorized number of units, but have developed because of the market conditions or otherwise to less than that. So, in our view, it's a process oriented approach to get rid of those excess units that are not going to be utilized, and this approach very closely follows what the county did many years ago in our zoning reevaluation ordinance where we had compatibility exceptions. And I'll just kind of walk you through this. First of all, there's a definition of what a built-out PUD is. And that's the situation where the resident's already constructed or, and received a CO and so forth, or is under construction pursuant to a validly issued building pennit, or you have a platted subdivided lot which plat has been lawfully approved by the Board of County Commissioners. We don't want to get in a situation where someone owns the lot but it hasn't yet been built on and it's a platted lot taking their ability away to build their home. So, we want to make sure that that was addressed. The process would be that the staff would study the PUDs by zoning district. And before in the Page 20 1612 C 2 August 18, 2005 """:I zoning reevaluation ordinance there were 12 planning communities that were established. And I want to point out that Marco Island is one of those planning communities, and I left the reference into 12, just in case that planning community has some area that's still within the county and not within the boundary of . the City of Marco Island. Then there would be an opportunity for planning staff to evaluate the different .4 PUDs and the different planning communities to determine which ones are built out and which ones have excess density that needs to be removed. There would be a notice to the Master Property Owners Association, and then there would be notice to all the property owners that own property within the PUD giving them an opportunity to come in and voice any objections that they have to staff as to the removal of this excess density. So that's the first process. That would be done on a planning community -- by the planning community basis. The next process would be the actual rezoning process where the units would be reduced. And of course they would be duly advertised. And we are not going to have the requirement for a neighborhood information meeting. And also there's another change that just came about in talking this over with staff. We would not have the requirement for the posting of signs, but all the other requirements would have to be met. And then there would be the ordinance or ordinances presented where the density would be adjusted as well as the number of units. Because if the number of units is reduced, that would result in a change in the density. There's also a provision here where individuals, if they feel they have a vested right or a takings claim, that they can utilize our local processes under section 902 of our land development code. So, the idea this is filled with processes to give property owners at every turn the ability to come in and voice their objections or concerns, and ifthey feel that they have a vested right or they're takings issue, there's another process that they can avail themselves of. There are also some exemptions in here. For example, if there is a PUD district that is tied to a development of regional impact, developments of regional impact have a date until which they get to develop before the local government could down zone them. And I'm also adding a provision on further thought that includes the termination date. Because developments of regional impact have tennination dates in them. And, so, we wouldn't be involved in any of those PUDs until either one of those dates were achieved. Of course built-out PUDs that have developed to the maximum number of dwelling units authorized by the regulations, that sort of goes without saying. That they would be exempt. And then also PUD zoning districts consisting of residential dwelling units which have been detennined to have a vested right under our vesting provisions, would be exempt. And also the situation such as Pelican Bay. And that's the only one that I know of in the county. But that is where you have a master association that has retained development rights in the association. And I don't know ifthere are others, but that would certainly be part of the staff review. So, those are the exemptions. Also, there's a provision here where if a PUD has not yet been turned over to the Master Property Owners Association, that the ONUS would be upon the developer at the time of turnover to come in and process an amendment to the PUD that reflects the actual number of units that either have been built, or the actual number of subdivided lots, so we could adjust that number accordingly. And I spoke a bit with Mr. Y ovanovich about this provision and he explained the turnover happens incrementally. So we would want to include some language that addresses the final turnover, or the final-- or the turnover of the [mal phase to the Master Property Owner's Association. And then the other portion of this is that new PUDs and PUDs coming in for amendments would need to include what you have in your language now as expiration date, but staff thought it was better to include the language of a build-out date. So we're changing -- where you see expiration date, it would be build-out date. And to put in the PUDs, so there's some certainty as to the life of this thing and how long it has to develop. And, of course, the developer would be ftee to come in at any time to amend the PUD, and Page 21 1612 C August 18, 2005 2 -':"Jlj J ~, extend that date. And there's also some clarifications of what a property owner could do after that date passed. And of course they could remodel, rebuild or make additions to their residence, and it doesn't affect their right again to build on a platted but unapproved lot, if they haven't yet built on it. And I see the transportation folks are here, but again, as I had stated, the idea of this is to take away the phantom units that get calculated in the checkbook concurrency system that might otherwise hold up a project that don't -- that if this is done, they can be deducted out of these units and rree up density or number of units for another project that would be coming in. COMMISSIONER ABERNATHY: Russell? CHAIRMAN BUDD: Sir? MR. ABERNATHY: Marjorie, the capture of these units that you outline in paragraph 8G7 on page 23, where the planning staff initiates an amendment-- MS. STUDENT-STIRLING: Right. COMMISSIONER ABERNATHY: That is going to come through the CCPC and the BCe. MS. STUDENT-STIRLING: Yes, it would. COMMISSIONER ABERNATHY: Okay. MS. STUDENT-STIRLING: And how -- I'll just explain. MR. ABERNATHY: Affected property owners would be able to contest at that point? MS. STUDENT-STIRLING: Absolutely. And again, that is for a situation -- and I'm just going to use an example of where I currently live, and it's in an older PUD. But in Lely, and in Lely, there's a master association and then there are condo associations and homeowners associations under that master association. And the thing has been built out. There's no developer involved anymore. It's the property owners themselves and the property owners association. And I have identified that situation again. What I call the Pelican Bay situation where the association and perhaps in concert with the developer still, has retained rights to those residential units. CHAIRMAN BUDD: Anything else? MR. ABERNATHY: That's it. CHAIRMAN BUDD: Other questions on this item? Mr, Schiffer. COMMISSIONER SCHIFFER: Margie, first of all, the intent is to really drop them rrom the concurrency management system, right? Why don't we just drop their vested rights, rather than go through and take out all the units that they're allowed to build, why don't we just drop their vested concurrency? MS. STUDENT-STIRLING: Well, I'm not quite sure how that would work. I mean, this is a predictable process. You have something in the ordinances that a person can look at and state, this is how many units that -- you know, it reflects how many units are actually on the ground. COMMISSIONER SCHIFFER: I mean, I can understand why we want to clean up the slate so we know exactly how many units will be in there. The thing about the master association getting the ownership ofthe units. When the Waterside Shops were renewed, WCI, which is the developer, owned the units. MS. STUDENT-STIRLING: I said it could be in combination with the developer. I think it says or like entity, And we would -- COMMISSIONER SCHIFFER: Yeah. The concern I had about that in that case, that had commercial property on it. And with the smart growth of things we've been studying, maybe somebody would want to revise these commercial areas and use these units. So while it would appear there's no need for them, in the future there may be a need for them. MS. STUDENT-STIRLING: Well, I think that in that case it wouldn't affect those -- that type of situation where they've retained an interest in the unit, and the residential units, If you're saying that they would want to switch out rrom the commercial and use that for residential, that would probably engender a PUD amendment anyway. And if anybody wanted to come in and change anything, they're rree at any time Page 22 16 12 C 2 August 18, 2005 to come in and amend their PUD. COMMISSIONER SCHIFFER: Another question is, we're only dealing with dwelling units? MS. STUDENT-STIRLING: That's right. We're not dealing with industrial/commercial. And there are a couple of reasons for that. I haven't made a study for all the PUDs, but I've reviewed a good number over my time here with the county. And my recollection is, there's not that many that specify a maximum gross leasable floor area. And usually the -- and where it doesn't, the footprint's arrived at by leasing out your setbacks and your buffering and preservation and so on requirements. So number one, it would be hard to make that type of amendment. Number two, commercial and industrial are dynamic. They may need to enlarge their building, or do something to meet market conditions, and having to come through a PUD amendment process, could be onerous. And we have an economic development council here in the county who's actively trying to encourage industry and commercial to come to Collier County and to put an -- I think that would just be perhaps a further disincentive. So those are reasons why they're not included. COMMISSIONER SCHIFFER: Do we carry phantom square footage? MS. STUDENT-STIRLING: I would have to defer to the folks in transportation. COMMISSIONER SCHIFFER: Another question. Just going down on page 20, it's 8A, the last paragraph in there, isn't that essentially the reason why we're doing it? We want to put that in the statutes, or? MS. STUDENT-STIRLING: It's under purpose and intent. And as the purpose and intent explains the reasons why you're doing something. COMMISSIONER SCHIFFER: Okay. That's it. Thank you. CHAIRMAN BUDD: Mr. Murray? MR. MURRAY: I'm going to pass on it. Thank you. CHAIRMAN BUDD: Other questions? Mr. Strain. COMMISSIONER STRAIN: Yes, I have a few. Catherine, did this meet the deadline submittal for those amendments to your office? MS. F ABACHER: I cannot recollect that this particular version did, but one version did. COMMISSIONER STRAIN: One version did, but you don't know if this one did. MS. F ABACHER: No. COMMISSIONER STRAIN: Okay. Can anybody tell me when was this distributed to the business community, the building community and other members of the community that would be mostly affected by this? MS. STUDENT-STIRLING: Commissioner Strain, there were two workshops that the Board of County Commissioners had. My recollection is, one was in December of 2004 and there was another in April of2005. And an earlier iteration ofthis was made part of that workshop. And then in the later iteration was made part of the workshop in April. COMMISSIONER STRAIN: Then maybe someone could tell me, when was this document distributed to the business community or development community, development community, since they are the people most affected by this? When was this document given to them for review so we can have the benefit of their input today? MS. STUDENT-STIRLING: There's a date of July 26,2005 on the notebook when it was available for distribution; is that right, Catherine? MS. F ABACHER: Right. MR. SCHMITT: I need to question. We normally -- I mean, we do not have a process where we distribute to the business community. We have a public notification. We have a public meeting and review process. The public, if you want to call it public unveiling was at the Development Services Advisory Committee meeting where we presented the first version of this. That meeting, Catherine was -- when was Page 23 16 J2 G 2 August 18, 2005 that? MS. F ABACHER: August 3rd. COMMISSIONER STRAIN: Joe, my concern is that this is a very substantial issue. MR. SCHMITT: I understand. COMMISSIONER STRAIN: Weare taking units that were approved in one ofthese hearings in the past and now telling the developer who may have used those for lending institutions or whatever, and saying we're going to take those away rrom you if you don't use them. I don't know ifthat's the right way to approach this. A better way may have been not to provide those in the first place. But in regards to that I'd like to ask how this -- how this gets around the Burt Harris claim because you're basically taking away someone's right that they had prior to this, MS. STUDENT-STIRLING: Well, again, this applies to a situation where -- I don't think a developer is involved anymore. Because this is where the PUD is built out. And you have a master association and property owners. And, for example, if you want to use the Lely example, and you can travel, what I call old original Lely. I think it's called Lely Golf Estates or Lely Golf and Country Club, there's no developer involved at all. The homes are all built on platted and subdivided lots where if somebody didn't build a home, they have a vacant lot that they still have the ability to build on. And everything has been built and there's no developer anymore and we're not taking any right away from anybody. Because ifit's a multi-family tract, the multi-family has all been built and under the control of a condo association. If it's a single family lot in a subdivision, it's either been built on or it has a vacant lot, and vacant lots are protected, so, and the developer is out of the picture. It's just property owners. COMMISSIONER STRAIN: So then you don't mind stipulating somewhere in this document that this only applies to developments, PUDs, DRIs, or whatever with the exception, obviously, not taken into consideration. But it only applies to projects that have been turned over to master homeowner associations, MS. STUDENT -STIRLING: We have the definition of built-out PUD here. And we do have the one situation, and this is for administrative ease so the county doesn't have to keep continuing to study these areas that now, prior to turnover, and we could craft some language of maybe turnover to the final phase. The developer would come in and process a PUD amendment that would reflect the total number of units that have actually been constructed or they've platted and subdivided lots for because I don't believe the developer would be turning it over to the association, unless, you know -- obviously the condos have to be built and people have to be living in them for there to be, you know, an association that's been -- having the development turned over too. And in the homeowners platted lot situation, there obviously has to be the platted lots and residents constructed and people living in them for the developer to release their control and turn it over to the association. So that's why I don't believe there is any problem with, you know, with developers, per se. And that -- that one situation is covered in there for administrative ease ofthe county so the county doesn't have to continue to do this study. COMMISSIONER STRAIN: The example of course that comes to mind is the Waterside Shops, and where I think this issue may have started. The developer there is, for the most part, built out, or close to being built out at least. And the excess density that was there was used to offset traffic impacts to move commercial. The excess density theoretically was built into the system, therefore they were having a positive impact on the system. But it seems to me that if you've got a value in a number of units assigned to a project, that to unilaterally take those away rrom the developer, to me would seem like you're doing some kind of taking. And I know where your position is on it, Margie, Ijust heard it. I would wonder if Richard Y ovanovich would mind lending comment to it since he does deal with Burt Harris claims as well and then we can hear both sides of the story. If Richard could come up. If you don't mind. MR. SCHMITT: Mr. Chairman, are we now asking for public speakers? COMMISSIONER STRAIN: No. I'm exercising my ability to ask someone from the audience who Page 24 ",:< ::\ 1612 C 2 August 18, 2005 is willing to speak on a matter. CHAIRMAN BUDD: My opinion on this is just as he has, Mr. Strain asked Don Scott some questions a minute ago, he's asking Mr. Y ovanovich some questions as part of the Planning Commission Interrogatories and questions. But I shouldn't say Interrogatories. That's a legal term. Questions. COMMISSIONER STRAIN: Richard, I was just wondering from a Burt Harris perspective, do you see any problems with this? MR. YOV ANOVICH: Well, and I did register to speak and was probably going to raise that as an issue. I do think that there is -- you have some rights in what you have gotten approved, and you've given some things to get those approvals. And to unilaterally take those away from the developer, I think you've got some problems. I don't think the county has the ability to just unilaterally amend a PUD to say, you know what, instead of there being 600 units, there's now 500 units. I mean, the PUD is a deal that's struck between the parties. And the county can't unilaterally take that away and I think that is a property right that's being taken away from the developer, and I do think you've got some issues that may result from that. And I've got other comments that I'll make to the document. COMMISSIONER STRAIN: I just wanted to get that point from you. And then I've got both sides of the issue from two attorneys on each side. MS. STUDENT-STIRLING: I want to point out that again, Mr. Y ovanovich said the developer. This is not a situation involving the developer anymore. And furthermore, yes, the developer is part of the PUD process. There were some issues about things that they gave up to get the units. But when they built the PUD and it's built out, they built the number of units that they chose to build and platted and subdivided the number oflots that they chose to plat and subdivide under that PUD. And if it's somewhat less and the developer is out of the picture, I don't -- I can't imagine a homeowners association or a condo association coming in and saying, well, in this development our PUD originally said that we had, you know, 300 units but there's only 275 that were built, and that's taken up all the dirt, if you will, in our development, and you've taken away a right from us. Because the developer is not involved anymore. It's the homeowner, individual homeowner or the association. COMMISSIONER STRAIN: Thank you, Margie. I'd like to go on and work in other questions, I'm sure I'll have more questions after Richard gets up here later. Part of the basis for this seems to be that once the building, or the project is built out, there will be no change in the future. As we saw in Pelican Bay, even though something was built, there were changes in the future. And I have seen developments that come in for a plat for a single family subdivision get approved, actually put the infrastructure in, then decide the market is changing by the time they get through all that effort and process to multi-family and they rip out all that infrastructure, come in for a plat, change the plat to an SDP and put in multi-family. How do those exceptions fit into this category as the future rolls on and the market conditions change and things like that? MS, STUDENT-STIRLING: Well, again, this would be a case where the developer is no longer involved and it's in the homeowners and the property owners association. And the homes would have been sold and the lots would have been sold, or the condo units would have been sold, and they are occupied by the people that purchased them. So I think the scenario that you point out, we're beyond that scenario now because it's strictly the property owners and the homeowners association. And the only scenario I can imagine is if a developer wanted to come in and buy up a number of lots that had houses on them and redevelop or buy up an entire completely built-out developed condominium project and redo it. I haven't seen it that much here. I've seen it with some smaller ones. That scenario could happen, but at the same time they could come in, and probably have to come in, to amend the PUD. Probably would want to come in to amend the PUD to do what they want to do. But, again, I haven't -- that would be a redevelopment scenario, and I have not seen it that much in the county. Page 25 1612 C 2 August 18, 2005 COMMISSIONER STRAIN: Well, in the scenario you just talked about, Margie, they would come in to do their PUD, but they would come in saying that they have excess density of say, 1,000 units. And by redoing their PUD and reducing it to X by -- they actually have a positive impact on traffic, and they can justify the redo ofthe PUD, In that scenario, wouldn't you agree that those ghost densities, or those unused densities at that point have a value to the developer? MS. STUDENT-STIRLING: Well, I don't think it's necessarily the case because the developer would have purchased the property fÌ'om the homeowners knowing the amount of units that are on that property, that have been actually built, or have platted lots. COMMISSIONER STRAIN: With the intent of maybe redeveloping it. MS. STUDENT-STIRLING: And that would affect the price that he would pay. That's, you know, the number of units. And if you wanted to do a redevelopment stream, then he could come in and amend the PUD. COMMISSIONER STRAIN: A lot ofthis is coming about fÌ'om a statement I read. I think it's the second paragraph. It says, these processes are necessary to enable the county to plan effectively for realized transportation impacts to be evaluated by the concurrency management system. Now, it was our understanding by presentations of checkbook concurrency that all the prior approval in the county would be taken into consideration and evaluation of checkbook concurrency. Now it seems we're finding out that either they haven't been, or now that they are, they don't like what they're learning, or that we've over approved things since then, now we're going to go back and fix the system by taking things away fÌ'om people we've previously given things to, MS, STUDENT-STIRLING: I think I have to defer to transportation. MR. SCOTT: Don Scott, Transportation Planning. That's not really the reason why it's coming about. COMMISSIONER STRAIN: Okay. Then why don't you tell us. MR. SCOTT: Let's take a development that's turned over to the homeowners off of Goodlette, I think it's called Wilderness. There's 300 extra units in there that are essentially running around the system right now. Not only in the concurrency system, but in the long range transportation model. And nobody in there wants the units now. The opposite thing that could happen, based on the fact that the property values are going up so much, someone might go in there and buy the whole thing out and then put the units in there. Is that what we want? I don't know. I'm not really complaining that -- actually, I'm not complaining fÌ'om the concurrency thing, I'm actually complaining fÌ'om the long range transportation model, because I think the model is better if I can do that. Why am I not complaining fÌ'om the concurrency side of it? So I have a few more trips in there. So it's a little bit of a cushion in there. You know, that part of it, it's probably not so bad. But fÌ'om a long range transportation modeling thing, it would be nice to get -- you know, fÌ'om one of our aspects of it, I noticed this way before the concurrency side of it when we were doing the Vanderbilt Drive corridor study. You start looking up and down the corridor and it's four units here, ten units here, 20 units here that, when you talk to anybody in the neighborhood they say, we're all built out. We're turned over to the association, but here we are with the units still hanging out there. COMMISSIONER STRAIN: Don, in your relationship to concurrency in the example you just provided, I think it's Goodlette, or wherever it was, those 300 units, why weren't those figured in the system fÌ'om the get-go? MR. SCOTT: They are in the system. COMMISSIONER STRAIN: Okay. So now you're trying to get them released fÌ'om the system? MR. SCOTT: That's right. COMMISSIONER STRAIN: Another statement in this document says that you're doing this -- not Page 26 1612 C 2 August 18, 2005 you but somebody -- so that an orderly process of land development may continue in predictable sequence with manageable confidence levels. What is it when we do PUDs? That is an orderly management -- orderly system of development. It's a rezone in this county that meets the most stringent criteria. Why is it that if there's excess in those PUDs, we don't strike it through your processes and review processes of all the county departments when it comes in instead of now after the fact and then we risk the situation of taking ITom an individual property owner? MR. SCOTT: I can't answer for some of those that were approved 20 years ago. I have a hard time doing that. But now I think you're pointing onto one thing that is happening now. Even if someone comes in here and says, I want to put 1200 units on there, you go, not 1200 units, thank you anyway. COMMISSIONER STRAIN: I agree with you. The process that's in place today is taking care of the issues that probably should have been taken care of a long time ago. My concern is now that we're going to go back and take things away that may -- we may even be in a bigger mess by taking them away. MR. SCOTT: It's not a simple process if you're on the other side. Do you want to give up something that was given to you as a right? Probably not. COMMISSIONER STRAIN: I think the chairman wants to take a break. I've a few questions after that so. CHAIRMAN BUDD: We will take a ten minute break. (Whereupon, a brief recess was taken.) CHAIRMAN BUDD: Okay. We will reconvene the Planning Commission. Mr. Adelstein, did you have some comments or questions? COMMISSIONER ADELSTEIN: I do. It seems that the county is trying to say well, nobody is using it so why don't we take it away. Why not just do it in a mathematical way. Nobody is using it so why don't you say nobody is using it. Therefore, we will delete it in our books for traffic conditions showing that they are no longer actually there to be used. Nobody gets hurt in the condominium association, because, as you said in your statement, nobody is using it so we're taking it away. Well, fine, if nobody is using it, you don't need to take it away. All you need is the record so that transportation can determine how many real units are actually there. So nobody gets hurt and nothing happens. CHAIRMAN BUDD: By take away, Mr. Adelstein, you're suggesting to just pull it out of the model -- COMMISSIONER ADELSTEIN: Mathematically. CHAIRMAN BUDD: Pull it out of the modeling, but not pull it out of the vested rights? COMMIS SIONER ADELSTEIN: That's correct. CHAIRMAN BUDD: And just to take that a little bit further, I've got a rhetorical question which is, if this is going to improve the modeling, given that all these units are currently in the model, where are all these unused, unfilled, under utilized roads that are being built, planned, and existing out here in the community, since we've got obviously more capacity than we need, we just can't find it because of the car in front of us. And that's a rhetorical question. MR. SCOTT: Let me get to the first one first. Actually, my boss was saying the same thing. He said, okay, if we're saying our average buildout is seven years and that's where the one-seventh came ITom, he says, why don't we takes those and do a 50 year, or 100 year, then you get down to so little trips that that's a way of doing it, administratively. The second part of that is, the model goes out 20 years. Right now we're dealing with the 2030 actually. So what you're realizing right now is what was done in 1990 for the model, essentially, 2010, and if you go back and look at what the population estimate was at that time for 2010 and some ofthe other issues, even the roadway system that was in there, we're not there. I mean, for five years they didn't build any roads here. And the population was held down. That's kind of why I'm -- even the argument of what is Page 27 1612 C 2 August 18, 2005 our population going to be in 2030. At the moment, though, we have a 2030 plan, I'm going beyond that and saying, I don't care, I'm going to model a buildout and see what happens with that. Then I don't have to worry about well, what is it, somewhere in between. CHAIRMAN BUDD: Well, I think we owe it to Mr. Strain to continue in his line of questions. And there will be other Planning Commission questions, but I think there's really some merit that rather than go out on this plank of potential Burt Harris claims, taking away rights and all kind ofloose ends purely to modify the model, I think it would be smarter to consider modifying the model and not go down this road. But, Mr. Strain, you had a line of questions. If you'd continue, please. COMMISSIONER STRAIN: I've just got a few. If something like this were to happen, and this density would disappear, if a homeowner on a previously plotted and built lot wanted to add a guesthouse, what process would they have to go through to add the density for that guesthouse? MS. STUDENT-STIRLING: Yes, I know there are some PUDs that do have guesthouse, And I think that I have one right in front of me. I think they may be considered more of an accessory use, and that's something we could look at, but I would think that -- well, that's something I would have to look at. Thank you for bringing that up. COMMISSIONER STRAIN: In the planning communities that are being suggested, were the calculations of those limited to the built-out PUDs, the tally, the way those are being structured? MS. STUDENT-STIRLING: Yes. It would -- that's just for administrative convenience for staff to look at the PUDs in a given discrete planning community to see which ones are built out. COMMISSIONER STRAIN: But the way this seems to read is staff would initiate amendments for what they would believe the excess density based on the build-out, but is that -- then are those 12 planning community calculations and all that, only apply to built out PUDs. MS. STUDENT -STIRLING: Right. You would take a PUD, or the PUDZ, in a particular planning community. And the way I envision the ordinance, what it would look like, would be you would have an ordinance for a planning community. And then you would have a section in that ordinance for a given PUD, specific PUD. And then you would have a subsection that wherever the number of units were referenced or the density, because the density would change, you would do a strike and underline for those areas of the that particular PUD under that section, and then it would be a section for each POO per planning community. This is the way the setting -- the evaluation ordinance was set up when we did compatibility exceptions. We had one master -- I believe it was one master ordinance, and then it was broken down in this way for properties. So it would address each particular PUD, and section for that POO, with the appropriate subsections with the strike through and underline for the number of units and the corresponding density. COMMISSIONER STRAIN: I notice the last paragraph of this document talks about moratoriums and that they would basically stay this issue. MS. STUDENT-STIRLING: That would have to do with the build-out, or expiration date requirement in the PUD. That if there were a moratorium, that date would be told. COMMISSIONER STRAIN: Right. I understand that. But last night brings up another example. The proposal from transportation last night was worded craftfully enough that they didn't define it as a moratorium up because it allowed 10 or 20 homes a year development. Well, when you've got a development of thousands of units and you only allow them to build 10 or 20 homes a year, that's a moratorium. But because it wasn't called one, how would that affect your paragraph I. Because in essence what happens is, you're stretching their required build-out period forever if you're limiting the number they can build, but you're not calling it a moratorium. So how would that fit into this? MS. STUDENT -STIRLING: Well, I suppose that you could put some language, craft some language that would describe the condition that was referenced last night and include it in here. I don't want Page 28 1612 C 2 August 1 &, 2005 to get into a debate on what's a moratorium and what isn't. The intent would be if it were a moratorium or some other situation, and I want to be rather precise about what that situation might be, that, you know, it would affect their ability to go forward, then the time line would be told. COMMISSIONER STRAIN: Well, that precision you want to be, would be very important. MS. STUDENT-STIRLING: Yes, it certainly would. COMMISSIONER STRAIN: Because there are various fonns of government interaction that would cause delays out of the control of the development industry and it wouldn't be fair to hold them accountable for that. And that's all I got. I'll reserve my right to cross as we get done. CHAIRMAN BUDD: Mr. Schmitt. MR. SCHMITT: Just as a fonn of discussion that clarifies with Commissioner Strain. What would you define, for instance, if a developer comes in, which one has, wants to build, will sue the entire process, gets the SDP, goes through, has all the zoning but finally is told at the end, sony, no concurrency, therefore your project is shelved. Is that a moratorium? COMMISSIONER STRAIN: It's a fonn of government inaction that doesn't allow the developer to proceed so he shouldn't be held responsible for that under this criteria. I mean, how can you come in one door and say if you don't build this in a certain amount of time we're going to declare your density gone, yet you can't build it because you can't get concurrency so you have to wait until it's ready. MR. SCHMITT: I mean, this is a problem we discussed, and we as staff recognized. You have everything ready, your SDP is designed, it's on the shelf, you're just waiting now for capacity, but we also have rules in place that say if you don't build within two years, your site plan is revoked. COMMISSIONER STRAIN: So you're revoking it because of government's inability to react. Which I'm not saying you're wrong in doing that, but at the same time you don't come back in and take it out on the previous approval that I think was applicably -- MR. SCHMITT: And we do have other regulations. For instance, the sunsetting where we set due to government inaction or inability to provide, whatever, a pennit. Let's say, delayed for US Army Corps of Engineer permit or whatever, that at that time does not count against the developer. We could look at something like that in this where there are, due to actions of government, for whatever reason that prevented the development from moving forward. But again, I think it's a situation where it still hasn't been turned over to the homeowners association, or isn't being built out so this wouldn't apply. COMMISSIONER STRAIN: Well, there's a lot of, in my thinking, between now and the next time we see this, I would imagine there would be a lot of rewriting, but I would hope that some of the points like that issue be looked at and addressed somewhere in this document. CHAIRMAN BUDD: Anything else, Mr. Strain? COMMISSIONER STRAIN: No. CHAIRMAN BUDD: Mr. Schiffer had a question, then Mr. Murray. COMMISSIONER SCHIFFER: And, Margie, this is kind of a hypothetical. Let's say a developer got an approval for a PUD for 500 units. He builds it out for 400 units, sells it out and the association takes over and he's gone. Who owns the PUD and who owns the 100 units at that point? MS. STUDENT-STIRLING: Well, on each individual property, the owner owns their unit. COMMISSIONER SCHIFFER: Their share of the unit plus their-- MS. STUDENT-STIRLING: I'm talking about if it's single family, each property owner owns that residence, and if it's the condo, however it's describe in the condo docs, usually it's, you know, some kind of space of air that includes the interior, you know. And they own that unit. The association in a condo situation would own limited common areas and common elements. COMMISSIONER SCHIFFER: I understand that. It's kind of off course. What I'm saying is, who owns extra units? In other words, in a subdivision with no common areas -- Page 29 '" 1612 C 2 August 18, 2005 COMMISSIONER ADELSTEIN: The association would. COMMISSIONER SCHIFFER: Well, there's no association in that case. Those are gone. MS. STUDENT-STIRLING: I think they're gone. And I also think that unless there's something in the documentation for the Master Property Owners Association that says they retain the rights to them, I believe they're gone. COMMISSIONER SCHIFFER: But who owns essentially the right to the PUD? Does the -- if there's one homeowners association -- in other words, we've even had the problem where they -- people come in to amend the PUD, and part of it that isnlt developed yet, who owns the whole PUD? MS. STUDENT-STIRLING: Well, I don't think anybody owns the whole PUD. I think it is a zoning district. And then each individual owns a lot in the zoning district, or a condominium unit in the zoning district, and there are common areas that are owned by the association. COMMISSIONER SCHIFFER: And then these extra units-- MS, STUDENT-STIRLING: And then if you want to say who the property owners within the PUD are, it's all -- that can be the Master Property Owners Association, it can be individual lot owners, condo association and unit owners. And they all are owners under that PUD. COMMISSIONER SCHIFFER: So, in one ownership, let's say one association, Make it simple. If there is extra units, and let's say their thing was damaged by a storm or something and they wanted to decide to sell it out rather than rebuild it, would the new owner get those units? MS. STUDENT-STIRLING: I think in your situation in order for them to have a claim to those units that they would have to establish something in their documents that they retained the right to those units like Pelican Bay did, otherwise they're gone. And ifthey have such a document, they are exempt from this. COMMISSIONER SCHIFFER: So if otherwise they're gone, why are we going through this process? They're gone. MS. STUDENT -STIRLING: So there is -- so the county knows that they're gone. And it's adjusted in the PUD document that way, and planning staff knows for planning purposes that they are, and transportation knows for their purposes that they are. Without just being, well, they're gone and nobody really knows. COMMISSIONER SCHIFFER: So we get the annual report for all the PUDs. So don't we know with that report what's built, what's gone, and what's not here? And Don, when you use that, don't you use the annual report to realize that phantom units donlt exist? I mean, they're just gone. MR. SCOTT: You do get the data, and not always in the forms. Let's say in the perfect world, yeah, you do get what's been built, and you know what is not going to be built essentially from what is in there. I mean, if someone says administratively to do this, then I'm just going to do it, that's fine. The problem was, someone wanted to go through a process to get to taking it all off of Joe's documents, everything that we have, that type of thing. MS. STUDENT-STIRLING: I think you have -- if they had just gone that way, and, you know, what notices it, you know, that they're gone, and, you know, they're still on the books as far as zoning goes, so this was a process to adjust that. COMMISSIONER SCHIFFER: All right. Thank you, CHAIRMAN BUDD: Mr. Murray. MR. MURRAY: Adding to the complexity of it, let's take a case where a development is partially constructed and there's, perhaps there will be several condo associations and a master association and the developer goes belly up and those unbuilt units remain. The Master Association nor the condo associations would be in a position to do anything on their own, and they would be put upon to even get organized to even begin the process, what happens to those units? Do they get taken away or is the association at a later Page 30 16r2 C 2 August 18, 2005 ... ~ time in a position finally to acquire a builder who will build them. MS. STUDENT-STIRLING: I don't think they're subject to this because the project is not built out yet because all the dirt -- you know, all the units aren't built. So I don't-- COMMISSIONER MIDNEY: So they would not think they were abandoned? MS. STUDENT -STIRLING: I don't think they would be subject to it because this has to be where all the dirt has been used up for the, you know, for the units that are allowed by the PUD. COMMISSIONER MIDNEY: Okay. So those units would still be on the books. MS. STUDENT-STIRLING: Right. CHAIRMAN BUDD: Mr. Midney. COMMISSIONER MIDNEY: I have a question about the Burt Harris Act. The way I would understand a private property rights, would be infinite in time. In other words, there's no ending in the time. And what this ordinance would do would basically put a time limit onto the property owner and say, you have to make some sort of a plan about what you're going to do and when. Whereas, the Burt Harris Act would seem to me to indicate that you have as much time as you want. So it seems as though you would infringe on Burt Harris, or am I wrong? MS, STUDENT-STIRLING: I don't think that's necessarily the case because in the DR! scenario, you have to establish a termination date and a DR! that you need to finish by. Often times they have phasing schedules in them and so on. And I don't think that there's any, you know, Burt Harris problem with, you know, having an expiration date go into a PUD. Particularly into a new PUD because there's no reasonable investment expectation to do it infinitely if you have to put an expiration date in a PUD or amend one to put an expiration date in it. COMMISSIONER MIDNEY: So it's not a Burt Harris issue? MS. STUDENT-STIRLING: I don't see an issue with the expiration of build-out date. COMMISSIONER MIDNEY: And on the other side, I don't see an incentive, if it's in a homeowners association where the homeowners would have a financial assistance in increasing the density in their own neighborhood. Usually people would want to keep the density the same not certainly increase it. MS. STUDENT-STIRLING: Well, that was my point. That one of my thoughts in this process that once you have a neighborhood and the properties are owned by the individuals homeowners, or individual condo units, they want to keep their neighborhood as it is. And I think one example that's come up in a situation like that is over with Ironwood, I don't know what's happened to it, but over there was a problem with the golf course. And it was some talk of, you know, a developer coming in and taking that up and getting rezoned and doing something with it. And I think that folks over there, you know, want to maintain the neighborhood. They bought their units on a golf course and so on. And I think there's a big incentive for people wanting to keep their neighborhoods as they are and not have increases in density. CHAIRMAN BUDD: Mr. Adelstein. COMMISSIONER ADELSTEIN: I think we're talking about two different scenarios. One is where we're going to have 500 units and we build 450 because that's all the land we have. There's a second group like Falling Waters that always has lands yet and we've had two come in :lTont of us to build additional units in Falling Waters. Now, those two things are absolutely different when you have built it out totally. MS. STUDENT-STIRLING: Right. COMMISSIONER ADELSTEIN: And that's what you're talking about. Everybody else is coming in with a second scenario though there's still land here. MS. STUDENT-STIRLING: Right. That's when it's totally built out and there's no more land. COMMISSIONER ADELSTEIN: If there is no more lands available, then why waste the time to try to actually get to remove what is absolutely not possible to be used because there's no land left to build, Page 31 1612 C 2 August 18, 2005 and just let the number be taken off for the amount of units that are there. In the other situation where there is land, under no circumstances can you take that responsibility because the association does own the 50, if in fact there's land for the 50. MS, STUDENT-STIRLING: Again, this was just for predictability and so the PUD could be adjusted to reflect what's on the ground to give staff, planning staff, transportation staff, and so on the predictability. COMMISSIONER ADELSTEIN: It's already there. CHAIRMAN BUDD: Mr. Abernathy and then Mr. Schiffer. COMMISSIONER ABERNATHY: Mr. Chainnan, at the risk of being the old gramudgen in this group, it seems to me we're going down the line with everybody thinking up their clever hypothetical. And I'm not sure that we're going to resolve all those hypotheticals, or this is going to help us decide what position to take on this particular item. So, it seems to me we ought to get some questions rather than solving puzzles. MS. STUDENT-STIRLING: And if I might address that, that's why this has process built into it. Because you can't think of every hypothetical. And if there's an objector, they can come in through one of these processes and make their situation known and staff can evaluate it and see how to handle it. Because you just can't know every scenario that's out there. CHAIRMAN BUDD: Good point, Mr. Abernathy. Mr. Schiffer and then Mr. Strain. COMMISSIONER SCHIFFER: And I think kind of going along, Ken, is what we really want to do is be able to change the bookkeeping in the concurrency method to remove development rights and, like you said, we're all playing with hypotheticals as to what that is. I don't think it's the way to do it. I mean, we don't know when the development rights would be necessary. There could be an old project that gets destroyed in the stonn, or the people decide to sell it when they want that additional rights to build on that property, even though they're not using it in their neighborhood. So I do think we should try to find a way to fix the books without diminishing development rights of existing projects. CHAIRMAN BUDD: Mr, Strain. COMMISSIONER STRAIN: My comment to Mr. Abernathy's comment is that the discussion of hypotheticals for my purposes helps me understand the interpretation that would be -- would come out of an issue like this, This one is such an impactful issue, I certainly would want to understand it as deeply as I can and that's the purpose I have asked for certain hypotheticals to be put forth, If there's a value established to these ghost units, for example, that could have a huge impact on litigation as it goes forward. I do know that in some cases there was a discussion between developers where there was a shortage on density, or shortage on traffic trips. One developer would agree to give up some trips from his PUD to go -- and another developer would simultaneously apply for a concurrency request and be able to use that. Well, there's a value there. There's a value and exchange rate there. Ijust want to make sure that whatever we decide on isn't going to come back and bite us in the negative because we didn't think these scenarios out. So that's where I'm trying to go. MS. STUDENT-STIRLING: Appreciate that. CHAIRMAN BUDD: Getting back into our fonnat here. We have staff presentation followed by public comment. Marjorie, have you completed your staff presentation? MS. STUDENT-STIRLING: I have. CHAIRMAN BUDD: Are there registered public speakers on this item? MS. F ABACHER: Yes, there are. First one is Ms. Sellers. CHAIRMAN BUDD: And who is next so they can be prepared? MS. F ABACHER: Mr. Coulombe. CHAIRMAN BUDD: Okay. Ms. Sellers with Scott Coulombe on deck. Page 32 1612 C 2 August 18, 2005 MS. SELLERS: Commissioners, thank: you. I have one brief comment here. I note that in 8D, paragraph D, dealing with the exceptions, there's's a recognition of an exemption for PUDs that have DRI development orders that have down zoning dates listed in them. There are some DRI development orders out there that in fact don't have such dates. They may be some older ones, MS. STUDENT -STIRLING: I've tried to cover that -- I had stated I was also going to include language or termination date to cover that. MS. SELLERS: We'll have some language to submit if this is going to go through the iterate process, we'll do that. That's my sole comment. Thank: you. CHAIRMAN BUDD: Thank: you. Mr. Coulombe. And who is -- is there another speaker? MS. F ABACHER: Yes. And then Mr. Brooker and then Mr. Y ovanovich. CHAIRMAN BUDD: Okay. Thank: you. MR. COULOMBE: Good morning. For the record, Scott Coulombe, executive vice president, CBIA. Last name is spelled C-O-U-L-O-M-B-E. It is French not Italian. Anyway, long time, no see. Fourteen hours ago. Same request as last night, we got this -- in answering your question, Mr. Strain, 10:30 Tuesday morning and we didn't really have a chance to crack this open, in between other meetings and other issues and the other issue we had to discuss last night. We really haven't been able to put our arms around to see what the collateral effect is. We understand the intent from Marjorie, Of course you want to fmd out what phantoms .;.- you know, exist and what really doesn't exist. But there could be a lot of ramifications from this. And you're hearing great scenarios. You're all asking wonderful questions that we have too, but we don't have the answers for it yet. We're requesting that we can work with Marjorie on this, give input, sit down and analyze this further just to see what the collateral effect is going to be. It's easier said than actually done because you don't want to trip anything up further down the road. You don't want to deny people any of their rights, especially homeowners and homeowners association. Thank you. CHAIRMAN BUDD: Thank: you, Mr. Coulombe. Just to clarify for the record, as Dave Ellis has moved to Atlanta and you have come to us from New Orleans, you are the updated and better looking version of Dave Ellis. MR. COULOMBE: Well, thank: you. It's the goatee. It's the white. Thank: you. COMMISSIONER STRAIN: It's too short, CHAIRMAN BUDD: Okay. Mr. Y ovanovich. MR YOV ANOVICH: Good morning. CHAIRMAN BUDD: He's not the tallest thing on the panel. MR. YOV ANOVICH: Just virtually challenged. I've made some earlier comments in response to Mr. Strain's questions, but it seems like what Mr. Adelstein is suggesting is really the practical solution to what we need to do. You don't need to worry about taking away people's rights. You can take them out of the equation and there's, you know, you're fairly certain that you've addressed that and don't have to worry about it, but there are going to be redevelopment scenarios that come through where people may like to use the units that they own. I'm fairly sure that most developers believe they own those units, even after they turn it over. They believe they have an asset. COMMISSIONER MIDNEY: Yes. MR. YOV ANOVICH: And someone might come to them some day and say, you know what, I bought all these condo units it X, Y, Z subdivision and I want to redevelop and I'd like to add some more units because they're available and I can do that without amending the PUD. I can do it under the existing development standards and I'd like to do that. And I believe some developers believe that that's an asset they have. I don't think it's an asset that you should worry about carrying on the books because there's some -- it may never happen so you don't need to continually plan for it. So I think what Mr. Adelstein is Page 33 1612 C 2 August 18, 2005 ... suggesting is a reasonable accommodation. I think what we're -- a lot of this is duplicative to what you already have in your regulations. I mean, now we want to put a build-out date in a PUD where we already have sunsetting provisions that say, if you don't meet certain development criteria, you're PUD sunset and you have to come back and keep the PUD alive. I don't know why we need to also throw in a build-out date when we already have that addressed by the LDC. I'm not sure. I mean, this is under the guide of concurrency management, yet, we're exempting fÌom the ordinance the very things that we're trying to regulate. We're exempting vested projects fÌom the application of this ordinance. They are the only units that are actually included in the concurrency management system. New PUDs that come through are not included in the concurrency management system. You have to come through the process and do your SDP and that's when you start getting your reservations and that's when you're included. It's vested projects that you include one-seventh, one-seventh, one-seventh. And they're exempt fÌom this process. So you're really not addressing the concurrency issue I think you are trying to address. MS. STUDENT-STIRLING: I'd like to address that before I lose the thought. The vesting that that addresses is not the planning vesting that was addressed in the concurrency management system, it's -- it would be for an individual that came through the process of vested rights and had their -- in 902 of the code and had their project determined to be vested under that scenario. It's not what Mr. Y ovanovich is talking about. MR. YOV ANOVICH: Well, you know, I see the purpose of intent is to address the concurrency management system, Now we got concerns that we have concurrency management issues, is the purpose and intent of why we're doing this. I asked Don Scott, and I don't see him. There he is, In misunderstood what he said, he can correct me, but when we talk about how the concurrency management system works, it's for vested projects that he includes one-seventh each year. For non-vested projects, we don't include one-seventh. Is that right, Mr. Scott? MR. SCOTT: The vested that we have in there was what was determined by Carlton Fields originally and it's more than just the DRls. But, obviously, we had a little conversation over here-- MS. STUDENT-STIRLING: That's not what this -- I drafted this. That was not my intent. That would be stupid. MR. SCOTT: I understand that. And I think our bigger intent was -- I mean, not that I can legally do that, was to get rid of, you know, even units that aren't going to be built in vested things. Obviously it's dwindling down to -- I don't know what's left, but, there might be projects that are affected that are already in there and it might not. It might be in the model side of it and not in the -- the concurrency for us is not just the concurrency system. It's also the long-range term. MR. YOV ANOVICH: Right. And that's why I think Mr. Adelstein talking about the model makes sense. Maybe I misunderstood the reason. These processes are necessary to enable the county to plan effectively for realized transportation impact to be evaluated by the concurrency management system. So I thought the reason we're doing this is to deal with the concurrency management system. I don't think whether what we're changing is dealing with the concurrency management system. I think what Mr. Adelstein is suggesting will deal with the concurrency management system. But I don't know what we're changing here will deal with that because the exemptions that are already in there will still be counting those units for a long time on the concurrency management system. MS. STUDENT-STIRLING: That exemption for vesting, let me reiterate, is not the same as the vested language in the concurrency management system. It is for a situation where the property owner comes in and says I'm vested for whatever reason and you can't take my unit away. They go through our Page 34 1612 C 2 August 18, 2005 local process. Maybe go through a court process after the local process. And that's what that vested language means. It does not mean what Mr. Y ovanovich is talking about. MR. YOV ANOVICH: Okay. So I would assume it would also include developer contribution agreements between the county and the developer where it specifically says you're vested for X number of units. Then I would be exempt. MR. ABERNATHY: Mr. Chairman, hold it a second. A member of the public is entitled to come up here and speak and he doesn't need to be hectored by any member ofthe staff He says his piece and then in due course the staff can pour cool water on it or say he's full of you know what. But to have this tennis match going on is just -- there's no order to it. CHAIRMAN BUDD: Good point, Mr. Abernathy. Mr. Y ovanovich, if you'll make your comments, please. MR. YOV ANOVICH: Okay. COMMISSIONER ABERNATHY: I have a question for Mr. Yovanovich when he's finished. CHAIRMAN BUDD: We wouldn't dare interrupt him now. MR. YOV ANOVICH: You know, in my previous comments, I'm not sure the county has the ability to just unilaterally amend someone's PUD document. With that, I mean, I don't need to repeat myself. And sorry I got sidetracked. CHAIRMAN BUDD: Okay. That concludes your presentation. Mr. Abernathy, you have a question? MR. ABERNATHY: Rich, when I objected a few minutes ago to the serial hypotheticals, it occurred to me that if you don't cover all of them, then there are still hypotheticals that we haven't thought of. So how would we deal with those? What does occur to me is, you've got a PUD amendment process. Anytime you're going to take these units away from anybody, whether it's an individual or a developer, now there must be some process involved in that. We don't just have a hearing where you get up and say you are not using them so they're gone. Anybody who feels aggrieved by that can state his case and contest it. And then that's when we deal with the hypotheticals as to whether they're entitled to be exempt or made an exception for, or whatever conditions we're going to develop in this process. Otherwise what's the hearing for. MR. YOV ANOVICH: Well, I'm suggesting that I don't think you have the right to just subject me to that hearing. When you have a PUD, it's a document that the property owner comes and negotiates with the government. The government cannot impose a PUD on a property owner. I think that's clear under the law. Therefore, you can't amend my PUD documents just because the government can't come in and say, we want to amend the PUD document unless I consent to it. Now, we consent to a whole lot ofthings in PUD documents, including sunset provisions and things like that. The sunset provision is there. If we don't continue to move along, we come forward to you and we say can we extend. And if we meet the criteria, yes, we get our extension, or we can get two of those. You can't now say, you know what, I didn't like the deal I struck so I'm going to adopt a new process where I can bring you in front of us and say, you know, we're going to amend to take away your units. I don't think you can legally do that. I think we have certain rights. You know, Margie may disagree. You know, I'm just giving you my opinion, my legal analysis. What I'm suggesting is, you don't need to do all this. You already have provisions in place. MR. ABERNATHY: It seems likes we have two ships passing in the night. This regulation is aimed at situations where the developer is already out of it except in some remote sense that the units are there and he's got a better claim to them than anybody else. But assuming you lose the argument that you can't be here before this hearing, you lose that, what do you do at the hearing. Aren't there reasons to say, I understand this process. I object to it, but I'm here and here's why it shouldn't apply to me. MR. YOV ANOVICH: Right. And assuming I lose that, then what's my recourse? My recourse is Page 35 1612 C 2 August 18,2005 then to go ahead and file a lawsuit. COMMISSIONER ABERNATHY: What would you think the grounds would be for winning at that point? MR. YOV ANOVICH: Well, Mr. Abernathy, we're going so far out in the future right now on some of these issues. What I'm suggesting is, there's a practical solution to the concern. And this was all raised under concurrency management. There's a practical solution and that is to take those units out of the model and not have to worry about the issue. Maybe it never becomes an issue. Just you can take them out of the model and you've accomplished what you need to do. You have a better idea of what your road transportation is going to be like. What are the odds of wilderness coming in and challenging the developer wilderness if you take away those units? I don't know. But do you have to get to that point when you can simply alter the model and worry about it some date in the future, which you will probably never have to worry about it in that scenario. COMMISSIONER ABERNATHY: I don't have any problem with that. But apparently the planning staffhas a problem. MR. YOV ANOVICH: I don't know. I think Mr. Scott said he'd take them out of the model if that's what he thought was the better solution. CHAIRMAN BUDD: Mr. Schiffer. COMMISSIONER SCHIFFER: Richard, who does own the PUD? In other words the developer comes before us. It's a fonn of zoning. He wants to zone the land and it be governed by this PUD document. Is there an ownership of that document? MR. YOV ANOVICH: Yeah. I'm going to take the position that the client that I represent, that whose property -- has agreed to do that, owns all those rights, and he subdivides and gives them a few units here and a few units there and he keeps the rest. COMMISSIONER SCHIFFER: Okay. Now as he's given it all away, the people that bought all the property essentially gave him the right to do that was that he owned the property that the PUD is laid on. Once he sells that all off, what gives him the right to hold these additional units? MR. YOV ANOVICH: Well, it's still a property right. The units are still a property right, the units are still a property right. Another property owner can come to him and say, you know what. COMMISSIONER SCHIFFER: But he doesn't own the property anymore. MR. YOV ANOVICH: The units -- but it can be separate. COMMISSIONER STRAIN: So you know there are in a lot of cases deed restrictions that restrict the right of expansion on individual lots by buyers and purchasers subject to the approval of the developer, even a long time after the developer is gone. In those cases the developer can turn around it and grant a unit right, or whatever he wanted to. Ifhe had them available to those property owners, then he would more likely sell them for a price. So there's a value attached to these ghost densities to that regard. MR. YOV ANOVICH: From a practical standpoint, I don't think you need to keep them in the model. COMMISSIONER SCHIFFER: I definitely agree with that. MR. YOV ANOVICH: I don't think you have to keep them in the model. COMMISSIONER SCHIFFER: But now that the topic is open here, I mean, as the town redevelops itself, in the future we may be taking condos down or redoing them, would the developer then be selling those rights to the people that own that condo, or what is going on with those? MR. YOV ANOVICH: We haven't gotten there yet. But, you know, and I don't think we've reached that situation in the City of Naples where a PUD had extra units that that happened, but there's redevelopment happening in the City of Naples all the time. I mean, older condos are going away and being replaced with newer ones based upon the zoning that's on the property. Page 36 1612 C 2 ... August 18, 2005 COMMISSIONER SCHIFFER: At that time these additional PUDs would be something marketable? MR. YOV ANOVICH: There might be. It might be a market for it. CHAIRMAN BUDD: Ms. Student-Stirling. MS. STUDENT -STIRLING: That's why perhaps the exemption that I wrote didn't cover every scenario that Mr. Y ovanovich addressed. But it covered the scenario the one I personally knew about, that being Pelican Bay. And so if there is a situation where the developer retains some development rights under some kind of instrument and I would assume there would have to, you know, be some kind of documentation that he's retained those, then that was meant to be exempt fÌ'om this process. CHAIRMAN BUDD: Okay. MS. STUDENT -STIRLING: I have to discuss with Mr. Y ovanovich some ofthe -- the situation I addressed was the one that I had personal knowledge of, that being Pelican Bay, but it wasn't the intent if somebody retained some development rights through some kind of instrument to take them away through this process. CHAIRMAN BUDD: Mr. Y ovanovich, thank you for your comments. We've grilled you long enough. MR. YOV ANOVICH: Thank you. CHAIRMAN BUDD: Are there any other speakers? MS. FABACHER: No. Not if Mr. Brooker is gone, no. CHAIRMAN BUDD: Okay. Mr. Strain, you had some comments? COMMISSIONER STRAIN: This looks like it's gotten a long way in the direction it may not even have gone. We're here to provide direction to staff in regards to the next hearing. I would suggest that the direction we provide is to follow the Lindy Declaration. And that is that, these units simply after build-out be removed ITom the concurrency management system and they would obviously sit there, but they wouldn't be calculated in so they wouldn't upset Mr. Scott. And at such time the developer wanted to use them, they'd have to come back in at the concurrency requirement at that time. It's a real simple solution to what seems to be everybody's issue. CHAIRMAN BUDD: And that's our recommendation as we direct staff in the interim and then we will rehear this item. COMMISSIONER STRAIN: That would be my suggestion. CHAIRMAN BUDD: Other comments or recommendations to staff on this item? Mr. Midney. COMMISSIONER MIDNEY: I'm thinking that, you know, if the feeling of this Board is almost unanimous that this is not something that we should probably leave alone, I'm wondering if we need to rehear it again. CHAIRMAN BUDD: It will come back. We defInitely have to. It's a matter of process. It has to come back. And then if we say, whatever, we'll make that call then. We've already established the format for it to come back. Other comments and direction for staff? MS. F ABACHER: I'm sorry, Mr. Chair, could you repeat that fIrst one about the interim? CHAIRMAN BUDD: Mr. Strain, could you rephrase your, or restate your suggestion? COMMISSIONER STRAIN: Yes. Upon build-out we can get into the language of describing build-out. The units that are remaining simply get removed fÌ'om the calculations for concurrency management as Mr. Scott has to use those now. All that means is, they still sit there as units, but for them to come back in the system, they have to come out of the current concurrency management at the time, and if there's room for them, fme, if not they get treated like everybody else. COMMISSIONER CARON: That's long term planning. Page 37 1612 C 2 August 18, 2005 COMMISSIONER STRAIN: He wouldn't have to plan for them because they're not coming back in the system until they ask for it. COMMISSIONER CARON: Okay. But they're out there. COMMISSIONER MIDNEY: If the developer has a right to those, then they can be used at some time. Should we not leave them in the system? COMMISSIONER STRAIN: Oh, no, they'd be left on the books. They just wouldn't be calculated under traffic management system. And they wouldn't be calculated until the developer, if it ever came in, say 10,20 years in the future and request that those be used, or ifhe want to add a guesthouse that takes a unit. He'd have to come back in and see if the road could take them at that time. And if it can, then he's back in the system for that number of units that he comes in to request. COMMISSIONER MIDNEY: But then aren't you taking away something that he had? COMMISSIONER STRAIN: He had it while he was active with the development, not afterwards. MR. SCHMITT: But what Mr. Strain is saying, it remains zoned, but due to the developer not executing on that zoning basically, then it is no longer -- it would revert back to the current concurrency rules, and that they would have to come back in through some kind of plat or plan amendment and be subject to the transportation concurrency. At that time then we're only dealing with the impact concurrency, we're not dealing with the zoning, And we'll look at that. CHAIRMAN BUDD: Mr. Schiffer and Ms. Caron. MS. STUDENT-STIRLING: I think the end result is almost the same really. MR. SCHMITT: It's a good suggestion. It may not be what the Board of County Commissioners directed because there's other issues behind this that the board directed us to remove this excess zoning, but we'll look at it from a legal perimeter and discuss it and that may be the solution that we come back to this body with in regards to how to deal with it. Because the issue for us is to get it, or for Don to get it off of his books and a way to get it off the books and having them then meet the concurrency rules. To get it back on without taking, quote, a development right from them. So, they still have the right, they just have to now conform like every other developer and meet the capacity requirement. Either providing capacity or waiting for the county to build the capacity. COMMISSIONER SCHIFFER: And one thing I'd like to say, and, Don, you can probably provide this is, some sort of status as to what kind of an impact this has on the roads. I mean, the condition of Naples roads, I don't think anybody is driving around wondering where the phantom cars are. I don't think -- I'm not sure how big an impact or how little this has. CHAIRMAN BUDD: He answered -- on behalf ofMr. Scott he answered earlier has no impact today. It's our future planning. MR. SCOTT: Well, and what I said was a little cushion doesn't matter, but, no, that's a direction. And, obviously, I think the original intent was -- there's so many exceptions we're not even where we're at the original intent. COMMISSIONER CARON: How does that help you in long range planning? It doesn't, correct? MR. SCOTT: No, I think we'll probably need to look at that differently. COMMISSIONER CARON: Exactly. I mean, so one of your intents with this was to help you, or long term planning and this is not doing that at all, Just take them off in paper. COMMISSIONER STRAIN: First of all, they're just on in paper. But when they're on in paper now, he has to count them today. And the road has to be able to take them today. So if you left them on in paper and took them off as far as concurrency goes, he wouldn't have to count them today. If they wanted to be used in the future, I would suggest that at that time they have to come in and provide the proper request to the county to use and add them back both on paper -- I mean, both in the concurrency system as they would need to be. Page 38 16/2 C 2 August 18, 2005 MR. SCHMITT: But as Don and I were talking about, let me give you an example. Lely is 10,000 units. We know probably built out at 5,500. 10,900 and whatever units. It's a DRI. Until that DRI expires, I can't even go back and get those excess units. That's almost twice what we know, and of course that's impacting Don's calculations on 41 and 951. So as Don and I were talking, we're going to be able to deal with what each one here and go out and get some of those PUDs. But the large DRIs are still going to be problematic because they are in essence, still have capacity that Don is looking at. And until that DRI, we wouldn't even be able to go out after that PUD until the DRI is either passed its DO or expires. CHAIRMAN BUDD: Mr. Schiffer. COMMISSIONER SCHIFFER: And we have to be careful because the outcome of this, no matter which way we go, is we're going to be allowing more cars on the roads that may be already -- I mean, the reward for this exercise is we're going to allow more cars on the road. MR. SCOTT: Well, and it's funny because hearing the responses again, it's competing interest because you could be a -- representing a developer that wants to go forward and you could theoretically get trips you didn't have before. MR. SCHMITT: And that's exactly what happened. We had some zonings come in along 951 that have been denied. COMMISSIONER SCHIFFER: And again, the problem with our roads is not too many cars not there. MR. SCOTT: No, I don't usually worry about over building the system, or at least not yet. CHAIRMAN BUDD: Okay. We've had our staff presentation, public comments, extensive dialogue. We need to pick a time for the second hearing on this item. Mr. Schmitt, you gave me a couple choices. First being Wednesday, August 31 st. We could meet anytime during the day at Horseshoe Drive, or the next day we have September 1 st, a Thursday. We have a regularly scheduled meeting that currently only has two items on the agenda. We can put it on that agenda for our regularly scheduled September 1 st meeting, which I'm inclined to do. Is there any feeling by on Planning Commission? COMMISSIONER SCHIFFER: Is that because you won't be here at that meeting? CHAIRMAN BUDD: I'll be here. COMMISSIONER ADELSTEIN: The one that just passed today got to be three. CHAIRMAN BUDD: The LDC item we discussed earlier today is coming back September 21st. COMMISSIONER ADELSTEIN: I'm talking about at the meeting, before the-- CHAIRMAN BUDD: Oh, yes. There's two on plus, we continued Mr. Y ovanovich's Valewood property, so there's three which -- COMMISSIONER STRAIN: Mr. Chairman, we already have an LDC meeting set up for the 21st. Why don't we just put it there. That gives the county attorney time to meet with the various parties that have expressed interest. And maybe look at -- MS. STUDENT-STIRLING: The 21st is? MS. F ABACHER: The LDC Cycle Two meeting. MS. STUDENT-STIRLING: Okay. That seems like it gives us a whole lot of time really. COMMISSIONER STRAIN: Well, I think based on the comments maybe that would be well used. COMMISSIONER SCHIFFER: And Patrick White hasn't shown me that it's not something that has to be done after 5:00 so I'm comfortable we can do that any time during the day. CHAIRMAN BUDD: Okay. Do we have a consensus? Is there a motion whether we meet on September 1 st with our regular planning commission agenda, or on the 21 st to hear it with the LDC two cycle that we discussed earlier? Which way do we want to go? COMMISSIONER ADELSTEIN: I'd like to go not on the 21st, because I'll be able to be at the second meeting. I would like to do it on that one if possible. Page 39 r\ 1012 C 2 August 18, 2005 -- CHAIRMAN BUDD: On September 1st? COMMISSIONER ADELSTEIN: On September 1st. CHAIRMAN BUDD: Mr. Adelstein makes a motion for September 1 st. Do we have a second. COMMISSIONER MIDNEY: I'll second. CHAIRMAN BUDD: Mr. Midney is a second. Discussion. Being none, call the question. All those in favor signify by saying aye. CHAIRMAN BUDD: Aye. MR. STRAIN: Aye. MR. MURRAY: Aye. MR. ADELSTEIN: Aye. MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. MR. MINDY: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. We will hear this item again on Thursday, September 1 st as part of our regular Collier County Planning Commission agenda, Okay. We're through our LDC items, Back to our regular agenda. Item B, that is petition V A-2005-AR-7444, a request for an 8-foot II-inch side yard variance. All those wishing to present testimony on this item, please stand and raise your right hand to be sworn. Do you swear or affirm the testimony you're about to give on the matter now in hearing shall be the truth, the whole truth and nothing but the truth so help you? (All affirm.) CHAIRMAN BUDD: Are there any disclosures by Planning Commissioners relative to this item? (No response.) CHAIRMAN BUDD: There appear to be none. Ifwe can hear from the petitioner, please. MR. MUST: Good morning. For the record, William Must on behalf of Terry and Charlotte Rhodes of 1123 5 Oaks Lane, Naples. Twin Eagles. I'm here to reinforce their position with regard to the variance requested for a screen enclosure on their property. I want to address the guidelines set forth by the Planning Commission with response to those. The first question that was set out was well, are there special conditions and circumstances which are peculiar to the location size and characteristic to the land, structure, building involved. The owners believe there are. First the land is zoned agriculture district mobile home overlay. Also the land in this PUD is a five-acre parcel. There is a 50-foot front setback, 30-foot side setback, and it is a comer unit. All those things are why we feel it's unusual and it's a special condition which relates to the hardship of where they're going to place the screen enclosure, Second item was, are there special conditions and circumstances which do not result from the action ofthe applicant, such as a preexisting condition relative to the property which is subject to the variant request? Our answer is yes. The house was built to code as well as there was a fence put on the property according to the setback. And the fence is in the current 30-foot side yard setback, but it was allowed because the land development code does not restrict the location of fences in the agricultural mobile home overlay. So, beings that we can't put a screen enclosure in that setback as well, that is a preexisting condition that we feel prevents us from getting this variance. Item number three was, will a literal interpretation of the provisions of the zoning code work Page 40 1612 C f August 18, 2005- unnecessary or undue hardship on the applicant to create practical difficulties for the applicant? Again, we feel yes, that in order to put up a screen enclosure, we would be able to put up a screen enclosure, however, we would have to move the house or the pool to do that. Also there's a tremendous amount of wildlife out there, deer, bears, raccoon that almost require a screen enclosure to be out there. Item number four, will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure which promotes standards of health, safety and welfare? We don't believe that it will be the minimum variance. We believe it's the maximum variance needed. We don't need any more than just the eight foot into the side 30-foot setback. And it's just a comer portion of that. It's not a full eight foot from the setback to setback. And also, it will enhance and promote the standards of health and safety and welfare for the homeowners of that house by putting up the screen enclosure. Item number five, will granting the variance confer on the applicant any specific privilege that is denied by the zoning regulations to other lands, buildings or structures in the same zoning? We don't believe that this -- granting the variance will be injurious to any of the neighbors. There being Bonita Bay has already approved the location of the screen enclosure. Item number six, will the granting of the variance be in harmony with the general intent purpose of this Land Development Code and not be injurious to neighbors or otherwise? I just touched on that. No, we don't -- it's already been approved. None of the homeowners have any objection to it, and it wouldn't be injurious to the neighbors. So it will be in harmony with the land development code from our standpoint. Item number seven, are there any natural conditions or physically induced conditions that ameliorate the goals and objectives ofthe regulations such as natural preserves, lakes, golf courses, et cetera? There is a lake in the rear comer ofthe property. It is a comer lot, and because of the way it's zoned, there's wetlands in the front and a common area of the front that take up most of the 50-foot front setback. The last item, will granting the variance be consistent with the Growth Management Plan? Obviously, it is consistent. I think that in summary, I've demonstrated that there's a definite need for the screen enclosure based on the wildlife that's out there and, you know, the bugs and alligators and things that may run into the house. Also, the functional nature and aesthetic need to be preserved in this high-end community. It's Bonita Bay Communities so they need to preserve the aesthetics and the functionality of the screen enclosure. That's why we have designed it as such, as you can see on the picture. Also the zoning obviously for this agriculture mobile home overlay is inconsistent with all the types of communities that we build in a single-family home. Typically we deal with 25- foot front setbacks, 10 foot side setbacks, 25 foot rear and ten foot on the accessory structure, so 3 foot side setbacks to us is an undue hardship. We haven't received any letters of objection from the neighbors or the architectural review board. They also have a community in there that they just started, Grand Arbors, that they have -- the Bonita Bay has done that has less than 30 feet setbacks on each side. So, I don't know whether the board or someone has granted that to them, but I'm sure that there's less than 30-foot setbacks in there. We have a landscape buffer that blocks the view from the neighbor, from the screen enclosure so that's really not an issue. So with all these things in mind, I ask that the Planning Commission approve the variance requested for this screen enclosure for the Rhodes. Mr. Chairman. CHAIRMAN BUDD: Thank you, sir. Ms. Caron followed by Mr. Murray. COMMISSIONER CARON: When was this house built? MR. MUST: This house was built I believe four years ago. COMMISSIONER CARON: And why at that time didn't they plan for these critters who are suddenly invading this piece of property? , Page 41 ,~"" ., , . ¿ August 18, 2005 MR. MUST: We didn't know until after we built the house. We -- McGarvey Custom Homes built the house. I was a project manager for McGarvey at the time. And of course we're building in Twin Eagles. It was our first house that we built out there. After we moved in -- after -- it was a model for us when the Rhodes had bought the place. We had been replacing landscape on a regular basis and we found out that there were deer eating the landscape. We sold it to the Rhodes. There was some areas in Twin Eagles and Quail West that we were building that had some bears. Obviously, there's a lake back there. They have problems with alligators, so the homeowners certainly, that's one of their contentions. They want the screen enclosure up like everyone else so that they can, you know, prevent the bears or -- I mean, it's a realistic concern. There are bears out there, there are raccoons out there. So, that's one oftheir concerns. CHAIRMAN BUDD: Anything else, Ms. Caron? COMMISSIONER CARON: No. CHAIRMAN BUDD: Mr. Murray. COMMISSIONER MIDNEY : You mentioned, sir, that -- I don't know exactly your phrasing. Some paraphrase you weren't used to the setbacks, 30 feet. You're saying that at the time that this structure was built, that they weren't aware of the zoning requirements of the setback requirements? MR. MUST: The homeowner has never been aware of the setback requirements. We as builders were aware of the setback requirements, and we built the house according to setback requirements. COMMISSIONER MURRAY: You built it as a model, you stated. MR, MUST: We did build it as a model. COMMISSIONER MURRAY: So it would be the homeowner's due diligence to determine or what? MR. MUST: Yes. COMMISSIONER MIDNEY: When you built it as a model, didn't you intend ultimately to sell it? MR. MUST: We did intend to sell it. COMMISSIONER MURRAY: So wouldn't you have complied with the requirements in the first instance? MR. MUST: We complied with all the requirements of the building code, and we had intent on the idea that homeowner may want to come and put a fence up, screen enclosure. I'm sorry. The fence is already existing. So we made accommodations for that. The homeowner wants -- does not want to change the location ofthe pool to do that. We represented to the homeowner that we would -- you would be able to put a screen enclosure on the lot. It would have to be within certain restrictions but, you know, there were going to be some financial and aesthetic impacts upon that. COMMISSIONER MURRAY: But the homeowner bought the property, nevertheless? MR. MUST: The homeowner did buy the property with that information. COMMISSIONER MURRAY: Okay. There was informed consent? There was information and they acknowledged it; is that correct? MR. MUST: Yes, that's correct. CHAIRMAN BUDD: Mr. Adelstein followed by Mr. Schiffer. COMMISSIONER ADELSTEIN: Can the fence be moved closer to the pool area and come within restrictions? MR. MUST: The screen enclosure? COMMISSIONER ADELSTEIN: Yes. MR. MUST: Yes. If you see the dotted line that angles towards the lake and as to the pool, if you move -- do we have an arrow? That dotted line is where the screen enclosure would have to be to meet the setback requirement. COMMISSIONER ADELSTEIN: So it can be done? ~ ., ~.; Page 42 MR. MUST: Yes. COMMISSIONER ADELSTEIN: And the pool would still be able to be used? MR. MUST: We would have to move the pool and quite a bit of the plumbing and some of the -- well, not us. Whoever the homeowner would have do the work. We would have to get the cage engineered in a certain configuration to make it work. CHAIRMAN BUDD: Anything else? COMMISSIONER ADELSTEIN: That's it. CHAIRMAN BUDD: Mr. Schiffer. COMMISSIONER SCHIFFER: Questions on what the site is. It's an agriculture site so it would have to be five acres. And the shape of the site is rather unique, right? MR. MUST: Very unusual, yes. COMMISSIONER SCHIFFER: And then the, for example, the rear setback is being measured off of 190 foot long property. What is that line representing? MR. MUST: I have questioned of that myself, why it was ever zoned agriculture mobile home overlay. It's created an unusual situation out there. COMMISSIONER SCHIFFER: I think, I'm sure it's probably to allow you to build the house. You had to be on five acres. MR. MUST: Not necessarily. If you see the ITont part of the setbacks, it just consists of wetlands and -- I mean -- COMMISSIONER SCHIFFER: But it is -- I think all these lots are probably five-acre lots. MR. MUST: And I think it's Bonita Bay's intention to change the zoning on these properties, at least that's what I have been told. And I know within Twin Eagles they've changed the zoning community that they're doing in there called Grand Arbor so that they don't have the 3D-foot side setbacks. It's just -- it's unusual. In all the communities I build, I don't have a 30- foot side setback. A 10 or 15 maximum, or 20, but not 30. Now we have a five-acre site, but they don't pay taxes on the whole five acres. They just pay the taxes on a certain portion of it. And the rear setback, I don't know where it begins and where it ends. I mean, it should end in the lake somewhere. There's a drainage and lake easement which is not delineated, so I don't know exactly where that goes to or comes ITom. If! can determine that, then maybe we can use the 30-foot side setback as the rear and use the rear setback on the opposing property side. I don't know. CHAIRMAN BUDD: Anything else, Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. In the design of this neighborhood, were all these homes intended to have screened porches? MR. MUST: I don't know what the intent -- it was had by a developer, it went bankrupt, and then Bonita Bay bought it out. It's unusual. Bonita Bay bought the property out so, most of the community-- most ofthe houses in there do have a screen enclosure now. In fact, the two other houses that are on the street do have screen enclosures. COMMISSIONER SCHIFFER: So had the house -- the site plan been altered rather insignificantly, you would have been easily to get that 30 feet? You're only -- had the house been rotated slightly. MR. MUST: No. Well-- COMMISSIONER SCHIFFER: In other words, you're not restrained by the site, you're only restrained by the fact that it was -- MR. MUST: No. I believe we looked into that. To get that -- the only thing we would have been able to change was the size of the house. We have tried. We had our land designers try to rotate the site to get it within the setback with the screen enclosure that we would typically put on there and we weren't able to do it. 16 12 C August 18, 2005 ¿ 2 ~I Page 43 ~¡ + ...... 1612 C 2 .. August 18, 2005 COMMISSIONER SCHIFFER: I think you could. You could rotate it on the comer of that garage and easily do it. But, anyway, I have some questions for staff That's all. CHAIRMAN BUDD: Okay. Mr. Strain, COMMISSIONER STRAIN: Yes, I've got some questions. How long have you been in town? In this area. Very long? MR. MUST: Twelve years. COMMISSIONER STRAIN: Have you ever hear ofa project called Twin Eagles? I mean, do you know the history of this project? MR. MUST: I do. COMMISSIONER STRAIN: Well then, you know the reason that you've got long weird lots is because that was the only way they could circumvent the PUD process in the old days. This project would never have flown if it had gone through the public process for PUD as would have been required in the old days. And what they did is they said, okay, we're going to call ourselves Ag and go to five-acre lots and you can't stop us ITom doing what we want. And they got golf courses and roads and everything else stuck on those five-acre lots to circumvent the rules so they could do what they wanted out there. That issue spurred the governor's order that we ended up with a rural fringe in some other processes now that we have. So you got what your developer wanted to live with. Now, as far as lines go, I thought I heard you say earlier you had to move the house and the pool. Do you still believe you have to move the house and the pool to be consistent with the setback? MR. MUST: Well, the first item is, yes, you're right. I mean, they did do it, ITom my understanding, to, you know, get around the PUD. That's all I knew about it as far as that goes. As far as moving the house, I have to maintain that 50-foot ITont setback, so I don't know that we would have to move the house and the pool, so to speak. I mean, certainly, to only have a foot to walk behind the pool is -- I don't know if that would be a life safety issue or not. I'm sure that it would be problematic to only have a foot to walk behind the pool ITom the screen enclosure. But to dig the footer that the screen enclosure now has to go on, we're going to be into the pipes and skimmers and stuff like that, so we would certainly have to move some plumbing and whatnot. COMMISSIONER STRAIN: Well, there are engineering ways to support a screen enclosure that would not necessarily need a footer. But the point is though, you can meet the setback, you just may not be able to utilize the configuration you have that you desire. As far as closeness to the pool, we have approved others with screen enclosures closer to the pool. The four foot around the pool that's desired is for maintenance and a lot of pmposes, but you could wall that off and put, at one end of the pool, you can still clean it ITom approach on both sides, so I don't see the hardship here. I don't see one that was created by other than the developer's need to have this project zoned the way it was. I mean, at this point I don't see -- MR. MUST: It was the original developer's need, not the current developer's need. COMMISSIONER STRAIN: Well, due diligence requires the new developer to know what he's getting into. CHAIRMAN BUDD: Other questions of the petitioner? Thank you, sir. Hear ITom staff, please. MS. V ALARA: Good morning. Carolina Valara, Principal Planning with Zoning & Land Development Review. Staffhas reviewed his petition and found no land hardship associated with this variance. There's no condition to ameliorate the variance petition and the petitioner could still enjoy the land without this variance. So staff recommends denial of this petition. CHAIRMAN BUDD: Thank you. Questions for staff, COMMISSIONER SCHIFFER: I do. CHAIRMAN BUDD: Mr. Schiffer. COMMISSIONER SCHIFFER: Carolina, how do we determine what setbacks are required on this Page 44 1612 C 2, August 18, 2005 lot? Obviously~ it's a large lot, and obviously there was reasons for that beyond what we're talking about. There's a road that goes through the lot. So, I mean, how do we detennine fÌont or rear? I mean, none of the boundaries of the property are really at play here, It's really, you know, there's like an imaginary lot within the lot. But where is this fÌont setback off of -- where is his fÌont property line, just out of curiosity. MS. V ALARA: Right. It is an odd type oflot. And what staff has detennined is that you take it fÌom the roads. There is a road so you have your 50 feet on the fÌont, you know, for each road. You have two sides and you have -- COMMISSIONER SCHIFFER: And, you know, essentially, and we actually discussed this a little bit last night on the LDC stuff. This is a road right of way and access right of way, as we tripped over. And so you're measuring fÌom that as essentially the fÌont setback. So, theoretically if you build across the street, which I know we can't, you would have an additional fÌont setback. When a road bisects a property, it ultimately would be conceptually two fÌont setbacks. MS. V ALARA: That is correct. So they had two 30-feet side setbacks and five feet :fÌ'ont. Two side :fÌ'ont setbacks. COMMISSIONER SCHIFFER: And do you agree that the position of this site, the way it was placed on this property line and there are other ways to replace what caused hardship here? MS. V ALARA: Yes. And I think you said it before that if the house had been positioned in a different way, slightly a different way, they could have met the setbacks. COMMISSIONER SCHIFFER: With the existing house even? MS. VALARA: Right. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN BUDD: Mr. Strain. COMMISSIONER STRAIN: Just one question to something you said. You said across the street they couldn't build another house. They could build a guesthouse, couldn't they? MS. V ALARA: I am not completely sure if they could. COMMISSIONER STRAIN: That's okay. I was just trying to make sure I understood. This is an estates lot, I believe. MS. V ALARA: It's agricultural. COMMISSIONER STRAIN: Agricultural lot. I didn't know if it compared to structures in the estates the same way or not. MR. BELLOWS: You could have an accessory structure. COMMISSIONER SCHIFFER: Ray, what's the mobile home overlay? What does that mean? This is a mighty fine mobile home. MR. BELLOWS: The agricultural zoning district allows for single homes, stick homes, such as you see here. There's an Overlay, HMO mobile home overlay allows for the option of having a mobile home constructed instead of a stick house. So it's an option. COMMISSIONER SCHIFFER: Okay. COMMISSIONER STRAIN: Ray, just one comment. The speaker indicated that Bonita Bay was going to come in and change the zoning on this. And, obviously, going into a PUD on this would probably be the right thing to do. Do you know of anything to validate that? Is that something that's going to be happening? By the way, if it isn't happening, how are they getting Grand Arbor through with the reduced setbacks if it's not ag? MR. BELLOWS: I'm not working on Grand Arbor and I can check into that for you. Any change would have to be -- any subdivision would have to be consistent with the zoning, which is agriculture zoning. And ifthere is to be a change, that would have to be through some kind of variance or create a PUD where you develop your own development standards. Page 45 1612 C 2 August 18, 2005 COMMISSIONER STRAIN: That would clarify all this, not for just this landowner but for anyone. MR. BELLOWS: I'll investigate that. I'm not familiar with that project. CHAIRMAN BUDD: Other questions for staff? Are there any other registered public speakers? MR. BELLOWS: I had a clarification they're developing under the rural fringe development standards can. CHAIRMAN BUDD: Okay. COMMISSIONER STRAIN: How does that affect this? Is there a way that those standards would MR. BELLOWS: I'll have to check. I'm not all that familiar. COMMISSIONER STRAIN: I know staff recommended denial, and based on what we've heard, I haven't seen a reason to verify -- vary from that, but if this could fall under rural fringe, there may be some latitude there that would then make it consistent with our codes instead of needing a variance. But at some point maybe someone ought to check that out. MS. V ALARA: Staff will investigate on this. COMMISSIONER STRAIN: Well, does the applicant want to continue during that investigation? Is that worthwhile or do you want to go forward today? I mean, I'm just suggesting. CHAIRMAN BUDD: We're to take Mr. Strain's recommendation a little bit further. My guess is one-ninth of the votes is you're headed for non approval. The better part of Va lara would be to retreat and investigate this rather than face a probably unfavorable decision. So ifthe petitioner would choose to continue this while this is being investigated, it might be a good idea. MR. MUST: Yes, we would like to do that. CHAIRMAN BUDD: Okay. Do we need a motion to continue or what's the appropriate mechanism? MR. WHITE: Either you will have a request from the petitioner to continue -- CHAIRMAN BUDD: Which we just received. MR. WHITE: And you can knowledge that out of vote or with one, if you choose. But at this point just ask the question if it's known as to when it might be that it would be continued to so that if there's a way to avoid having to re-advertise you could, otherwise if it's not to a date and time certain, then it would require another ad. CHAIRMAN BUDD: Well, we've got September 1st stacking up already. How about the second September meeting. That gives approximately 30 days. It should be enough time to investigate these issues. So would the petitioner request to come back on Thursday, September 21 st? MR. MUST: Yes, sir, we would make that request. CHAIRMAN BUDD: Motion to accept the petitioner's request? COMMISSIONER MURRAY: I would make that motion. CHAIRMAN BUDD: Second? COMMISSIONER ADELSTEIN: Second. CHAIRMAN BUDD: I have a motion by Mr. Murray, second by Mr. Adelstein. Discussion? COMMISSIONER SCHIFFER: So what would happen, he would go and find out that in the rural fringe he could do this? And, therefore, we wouldn't see him again. He would just disappear? MR. BELLOWS: He would withdraw his petition. CHAIRMAN BUDD: Exactly. Further discussion on the motion? There being none, all those in favor saying aye. CHAIRMAN BUDD: Aye. MR. STRAIN: Aye. COMMISSIONER MURRAY: Aye. Page 46 1612 C 2 "i August 18, 2005 MR. ADELSTEIN: Aye. MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. MR. MINDY: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? It's continued. Next. agenda item, that is petition PUDZ 2005-AR-7469. Richard and Frances Craig and CDN Properties requesting a rezone. All those wishing to present testimony on this item, please stand, raise your right hand to be sworn in. Do you swear or affIrm the testimony you're about to give on the matter now in hearing shall be the truth, the whole truth and nothing but the truth so help you? (All affirm.) CHAIRMAN BUDD: Thank you. Disclosures on this item? We'll start down at one end. Ms. Caron? COMMISSIONER CARON: I've met with the petitioner, Mr. Anderson and Mr. Mulhere. CHAIRMAN BUDD: Thank you. Moving on down. COMMISSIONER STRAIN: Yes, I met with Mr. Mulhere and Mr. Anderson. We discussed the errors of their ways and they have come in today for redemption. MR. WHITE: Mr. Chairman, in the interest of a complete record with regards to ex parte disclosures, I would just simply ask if even just a cursory description of the subject matter, transportation, something along those lines, that would be helpful. CHAIRMAN BUDD: Okay. Let's start back at the end. Ms. Caron. COMMISSIONER CARON: Yes, I met with the petitioner representatives, Mr. Anderson and Mr. Mulhere. COMMISSIONER STRAIN: I think he's indicating you need a little bit of what you discussed. COMMISSIONER CARON: Regarding the issues that they have with the transportation staff. COMMISSIONER STRAIN: I my meeting we discussed transportation issues, some layout issues, heights and a whole bunch of notes I have. I can't remember them all, but that's part of it. CHAIRMAN BUDD: Mr. Vigliotti, do you have a disclosure? MR. VIGLIOTTI: Yes, I had a phone conversation regarding this issue. CHAIRMAN BUDD: Okay. Who was that with and in general, the nature? MR. VIGLIOTTI: Mr. Mulhere, we had a conference call regarding the issues that he was going to reevaluate and bring forth today. CHAIRMAN BUDD: Okay. On my own part I met with Mr. Mulhere, Mr. Anderson talking about the various components of the project with some elaboration on the transportation issues. Mr. Adelstein. COMMISSIONER ADELSTEIN: I had the same thing exactly as you did. CHAIRMAN BUDD: Mr. Midney. COMMISSIONER MIDNEY: None. CHAIRMAN BUDD: None. Mr. Schiffer. COMMISSIONER SCHIFFER: None. CHAIRMAN BUDD: Mr. Murray. COMMISSIONER MIDNEY: I had conversations with Mr. Mulhere and Mr. Anderson and we discussed, or the discussion focused on the OCI issue and applicability under comprehensive planning. CHAIRMAN BUDD: Very good. All our disclosures are on the record. Ifwe could hear from the petitioner, please. Page 47 1612 C 2 - r. August 18, 2005 MR. ANDERSON: Good morning, Mr. Chairman. For the record, my name is Bruce Anderson ITom the Roetzel and Andress Law Firm on behalf of the applicants, here with Bob Mulhere ITom RW A. You may recall about a year ago this same property came before the Planning Commission and was scheduled to go before the county commission for a rezone to a business part PUD with light industrial and retail and office commercial uses. After initially recommending approval, the Planning Commission heard the application a second time because of an advertising error. At the second hearing neighboring residents objected to a PUD which allowed light industrial uses and the Planning Commission changed its recommendation to denial. That business part PUD was never acted on by the county commission, and instead it was continued indefinitely while a new PUD application was prepared and submitted. It was as a result of number one, input ITom neighboring residents, particularly Vanderbilt Country Club, and number two, the county's request for a new public connector road through the property, but this project was resubmitted as a mixed use PUD with commercial uses ITonting along Collier Boulevard and residential uses behind the commercial. There is a difference of opinion with the comprehensive planning staff as to the interpretation and application of the infill commercial provisions of the growth management plan to this mixed used PUD. But staff does agree that this is a policy decision for the county commission to make and for you to recommend on. Is that correct, Mr. Schmitt? MR. SCHMITT: Yes. MR. ANDERSON: The infill commercial language does not prohibit reconfiguration ofa parcel that is eligible for commercial zoning. Is it silent on the matter and, therefore, it is a policy decision. Now as the staff reports indicates, this PUD is comprised of three separate tax parcels. The southerly parcel is approximately 9.38 acres in size and it abuts the commercially zoned in developing Mission Hills PUD. Could you point that out? I believe that the comprehensive planning staff agrees that this 9.38 acre parcel clearly qualifies for the commercial infield zoning even under their more restrictive interpretation. It is when this 9.38-acre parcel is included in a PUD and reconfigured to ITont along Collier Boulevard that staff and the applicant have their differences of opinion on whether the 9.3 8 acres still meets the intent of the commercial infill provisions. Simply put, the question is, can you take the acres of the eligible parcel and reconfigure those eligible acres in a PUD. We assert that the answer is yes. The county commission can interpret its own growth management ordinance policy to reconfigure the eligible acreage of a commercial infill parcel. This is especially true where there is an important public benefit which is driving the reconfiguration. In this instance, the driving force literally and figuratively is the County Transportation's Department request for a new North/South public connector road through the middle of the property. And this request for dedication is in addition to the half-acre site that county wants for a well. Reconfiguring the commercially eligible acreage results in a more compatible development pattern and enhances traffic circulation in and around a major arterial roadway intersection. I'm going to ask Bob Mulhere who issued growth management plan interpretations regularly when he served as the county's planning services director to come forward and expand on these points and go over the PUD master plan with you. Thank you. MR. MULHARE: For the record, Bob Mulhere with RW A. I want to start out by just stepping over to the Board there and going over the PUD master plan, and I'll start actually with the surrounding lands as well. I know you're familiar with the site but it's just North of the Vanderbilt Beach Road on the west side of Collier Boulevard. Directly south of the site is the Mission Hills PUD, which is a commercial PUD commercial shopping center that is partially developed and continues to be under development. It is, however, open at this point in time. To the west is Wolf Creek PUD, which is a residential PUD. And to the south is Carolina -- I think Page 48 1612 C 2- August 18, 2005 it's Carolina Village, which allows for commercial uses in this vicinity right here. Wolf Creek is here, here, here and here. And to the north is the Palermo Cove PUD in this vicinity of which comes down and accesses Wolf Road at a point due north of the subject property. In addition there is the Golden Gate Fire Station directly north of us. To the east across Collier Boulevard is several agriculture used properties, as well as just a little bit north of us and further east of Vanderbilt Country Club. As Mr. Anderson indicated, the site has been designed to accommodate the request by the county to provide this connecting road which takes on, I think a great deal of significance because this will be a fully signalized intersection where Wolf Road intersects with Collier Boulevard. We therefore, provided 80 foot of right of way ITom our property for a distance of in excess of 500 feet to the west, and the balance will be a 60-feet right of way. And there is some right of way coming ITom also the property owners to the north, so this is, I believe 110 foot in width. The purpose is to provide turn lanes into this connecting road as well as right turn lane, left turn lanes, and through lanes at the intersection. Wolf Road goes all the way west for a distance and then south again to connect to Vanderbilt. In addition, there's a loop road that runs around, and I'll show you some aerials. I think it will be a little bit easier to see. But runs from Collier Boulevard to the south of the subject property and to the north of the Mission Hills shopping center, and that also connects with Vanderbilt. Again, those aerials just I think provide you with a little bit of context again. The one -- this picture is Vanderbilt, Collier from east looking west. Island Walk. This is the subject property. This is the Mission Hills shopping center. And in here you can see the loop road which has already been constructed. And Wolf Road, which will be constructed to a point here and then south meeting with Vanderbilt. All of the agreements are in place for the construction of Wolf Road. And this is just a different perspective. This is from the north looking to the south. Again this would be Vanderbilt and that would be Collier Boulevard. The subject property. Again, the shopping center. Over here is the Carolina Village and this is Wolf Creek. As Mr. Anderson indicated, during my previous position with the county, part of my responsibility was to make official interpretations with the Comprehensive Plan, in the Land Development Code as well and reviewing the language that qualifies, in our opinion, this property, this 9.38 parcel, which is the southerly 9.38 acres in the PUD, that language does not prohibit reconfiguring that, particularly through a PUD process where you have the opportunity to look at all of the components and public benefits. We believe that raises the question to a policy discussion for Planning Commission to make recommendations for the board to make a decision with. I'd like to discuss a few of the other issues raised by the staff. One of the issues -- there are basically, as I understand it, two issues this staff has raised. One is the DMP policy issue, and the other is the fact that, within that policy the parcel that does qualify for commercial, is intended to transition down from the intensity of the commercial that is adjacent to it. I'll state that again over here. Ifwe're talking about commercial here, whereas we're reconfiguring along Collier Boulevard, that commercial should be of lesser intensity in transitioning down from the intensity that exists already within the Mission Hills PUD. One ofthe issues I wanted to raise with respect to reconfiguring this is, number one, we are limiting the acreage to the exact acreage that exists in that parcel that was running to west, 9.38 acres here, 9.38 acres here. Also, this property is somewhat limited for residential development by its proximity to this six-lane roadway, and now what will be a busy connector road between the shopping center and this fully -- full intersection and Wolf Road and the residential lanes to the north, again, allowing everybody to access the shopping center or avoid the intersection. Therefore, it seems from a planning perspective to us, very appropriate to shift that commercial Page 49 It 1612 C 2 August 18, 2005 acreage to the Collier Boulevard frontage. I think the staff record indicates that that's not really the issue. In fact, I think the staff agrees that this is a better plan, its question of purpose and intent. Again, we feel that since that policy language doesn't prohibit it, that the board should have the opportunity to look at these on a case-by-case basis, particularly through the POO. I wanted to talk about a second staff issue which was raised, which is the intensity of use acres. And I did take a look at the list of uses in our PUD, as well as the list of uses in the Mission Hills POO. The Mission Hills is predominantly C3 and below with 10 or 12, maybe 15 C4 type uses. This is probably a little hard for you to see, but the yellow and the blue represent permitted uses in the C3 district. And on this page they all would be. The green represents permitted uses in the Cl district. And as you are aware, anything that's permitted in Cl is permitted in C2. And anything permitted in C2 and Cl is permitted in C3. It's a hierarchy, the way the zoning ordinance is set up. So really, to make a long story short, the uses that are problematic from a transition perspective would be those C4 uses, And I've highlighted those in gray, and I'll go over those uses specifically with you because we are prepared to eliminate the number of those uses. The C4 uses that are in our PUD -- and, by the way, the reason we provided those C4 uses within the POO was not that we were looking to create some greater intensity, but was because they are predominantly office uses. And in our view, arguably they could be permitted in the Cl district because they are predominantly office related uses. However, for some reason, they show up in C4. But we're prepared to eliminate those. So, one is an SIC code 731, 733, 735 and 737, and these deal with establishments operating primarily to provide business services to the following industry groups: Advertising, mailing, reproduction, commercial art, photography, miscellaneous equipment rental and leasing and computer programming, data processing and other computer-related services. So, although we believe that that would, for all intents and purposes, look like an office and appear to be an office, maybe with some collateral retail, we're prepared to eliminate that use. COMMISSIONER CARON: In other words, all 24 of them? MR. MULHARE: Yes, thank you. And if you go down to 28. In 28, the only C4 use is C, 7941 professional sports club and promoters. I don't think we have a big market for that in that location anyway and we're happy to take that use out. And then down to 30, Thirty is medical and dental labs. SIC code 8071 and 8072. And I assume that's C4 because that could generate additional traffic or have some other components that are typically not found in an office and we would eliminate that one as well. COMMISSIONER CARON: Biomedical hazard. MR. MULHARE: Yeah, we would take that out. On the next page, number 33. They have -- this is one that we would like to include uses A, Band C in our PUD. And by the way, we have spoken with the representatives who are here from Vanderbilt Country Club. Certainly they can speak themselves, but I don't think they object to these uses. We also have spoken to staff as it relates to these uses. The first three there, A, B and C, engineering services, architectural services, surveying services, really typically office uses. I mean, I worked for a civil engineering surveying and planning firm and architectural firms located in many office buildings, For some reason it shows up here. The accounting, D, F, G, H and I are all permitted in Cl. So really that leaves only E, which is commercial, economic, sociological, and educational research. I can't really see how that can be problematic, but certainly we wouldn't object to removing that one. We are asking to retain the first three, A, B, and C, which is engineering services, architectural services, and surveying services. Those are the uses that are C4 that would be considered, I think, objectionable potentially from a transitional perspective issue. There are a couple of others that we -- excuse me. A couple of other uses that we are prepared to eliminate from the PUD but not because of the Page 50 1612 C 2 August 18,2005 transitional component because they are allowed in C3 and C2, but really more because, in speaking with some of the Planning Commissioners and with others, issues are raised with respect to potential traffic generation. And so we're prepared to eliminate number five, which is fteestanding grocery stores. Again, we don't feel that this is probably a supennarket shopping center just to the south, and it's unlikely that use would occur here, but we're prepared to eliminate that one. And the second one is number 13, drinking places. Now this is a bar. You can still have a restaurant, sit down restaurant and sell alcohol, and that falls under eating places, because the majority of your income comes rrom food and not alcoholic beverages. So, again, drinking places is a use that we would be prepared to eliminate and that's number 13. I think that covers the list of uses that we're prepared to eliminate. Again, on number 33 asking to retain those three uses that we believe are predominantly office related. COMMISSIONER CARON: Just A, B, and C? MR. MULHARE: Yes. Well, and the other ones are pennitted in C 1. The only one that is not permitted is E. It's A, B, C and E, are the four uses that are C4 in that list. D, G, H and I are allowed in CI so those aren't problematic. I want to mention, we did have of course the required neighborhood infonnation meeting. There were a handful of folks there. We have continued to communicate with representatives rrom Island Walk, I think at least one individual is here, who have not expressed any concerns. At that neighborhood infonnation meeting representatives rrom Vanderbilt Country club were in attendance and we provided them with copies of the POO and the master plan. And they're here and certainly they can speak themselves. As we understand it, this is a much more favorable development plan rrom their perspective than the one that we previously submitted rrom the business part. I'll just look to see rrom my notes to see if I have any other comments. In tenns of building height, we've requested 42 feet zoned height for residential uses and 42 feet also for the commercial uses within the POO. And it was pointed out that we should be prepared to identify a maximum height in the truth and advertising provisions of the code now. And we're prepared to limit the building height for single family to 35 feet, not to exceed a maximum height rrom ground elevation to the highest point of 40 feet. The zoned height 35, highest point 40 for single family. For multi-family, we're requesting 42 feet zoned height, and maximum height rrom ground elevation to the highest point of the roof to 45 feet. And for commercial, we're asking for 42 feet and highest point rrom ground to the top point of 50 feet. So I think with those -- with that infonnation on the record, we're prepared to answer any questions that you might have, and also we'd like the opportunity to rebut to any comments that might be made rrom the public or staff. CHAIRMAN BUDD: Before we start with questions, we've been going for almost two hours. We're going to take a 10-minute break. (Whereupon a brief recess was taken.) CHAIRMAN BUDD: All right. We'll reconvene the _ Planning Commission. We have a new court reporter. The petitioner has just a couple of more comments to make before we open for questions. Mr. Mulhere? MR. MULHERE: Thank you. And, in fact, a couple of comments that were made during the break, I think I can address, talking with both staff and some members of the public. I failed to mention in tenns of the list ofpennitted uses that we have also agreed to limit the fast food to only one fast food restaurant within the commercial tract. And that was, again, a traffic -- a trip generation issue. Also -- within all of the zoning districts, when I said whatever is permitted in the lesser district is pennitted in the higher district, Page 51 1612 C 2 August 18,2005 C-l, C-2 -- C-l and C-2 and C-3, all of the districts have conditional uses and typically, unless expressly prohibited, these conditional uses become permitted uses in the higher district. And some of the uses that we have as permitted uses in C-3 are conditional uses. They are permitted uses for a certain sized square footage and then, above that, they are conditional uses. So I just wanted to clear that on the record. I did want to speak a little bit about the buffers. There was a question about the buffers. I think we've done a very good job of retaining native vegetation in areas where they will serve the best to protect the neighbors, but also -- this happens to be where the best native vegetation exists. And we worked closely with the environmental staff, Over here, this buffer adjacent to Willow Creek is a minimum of fifty feet. There are some locations where it will have to be supplemented and replanted, and we've identified those. And then, of course, it makes good sense for us to buffer ourselves ITom the shopping center in this location, and we did that, and up here as well. With respect to the roadway, there is -- I didn't want to underemphasize the benefit of that, and I think this aerial perhaps will allow you to consider, if you look at this -- this site plan right here, again we're talking about this connecting roadway. And north of us you have the fire station, which will allow fire trucks to travel south and then west, and other emergency vehicles, without impacting or going through the intersection. But the same holds true for a whole lot of other people. If you think about it, this will be a signalized intersection, And, as I understand it -- and Don may have to correct me if I'm wrong or I'm sure he'll have something to say about it -- but I believe there's -- there is the possibility of where Wolf Road connects with Vanderbilt will also be signalized, but other than that, talking most likely, when Vanderbilt is improved and Collier is improved, right in, right out, right in, right out. So, without the opportunity for people to -- to come this way to go north, basically we're talking about people making swinging U turns wherever they could, and it's just not a good situation. So I think this connecting roadway becomes very, very, important and I didn't want to underemphasize that. With all ofthe residences in Claremont Cove, even across the street, Vanderbilt Country Club, they are going to be able to come down and access the shopping enter and again leave. COMMISSIONER SCHIFFER: Bob, does the roadway, the way it swings to the south, does that line up with a road system on the -- MR. MULHERE: That's an excellent question. This point lines up with the entrance to the shopping center. And this lines up with the fire station. And it lines up across. So they are all designed for that reason. And this is pushed west to allow the appropriate amount of road depth. COMMISSIONER SCHIFFER: Good. MR. MULHERE: I wanted to just mention one other thing. I indicated that I thought, ITom the staff report and ITom discussions with staff, that it's not really a question of whether or not it's an appropriate plan but what is the policy intent. And if we -- under the staffs interpretation, that we can't shift that commercial within the PUD, we would need to -- to go through a comprehensive planning amendment process at this point would be in the neighborhood of two years away, another year for zoning, another year for construction. So that connecting roadway would be four to five years out. Since it expressly doesn't prohibit it, we're asking. COMMISSIONER VIGLIOTTI: For the Board to make that policy decision.nAnother issue they raised that I failed to discuss was language within the policy, the Comprehensive Plan. It states that a rezoned commercial zoning is requested for the subject property in its entirety up to a maximum of 12 acres. Well, we certainly don't think that means in the case of a PUD. Remember, we're only asking for Page 52 16 12 C 2 August 18, 2005 the 9.3 acres that is this parcel, which is the only parcel that qualifies for it. Of course we're shifting it over here. We don't think that means, in the case of the PUD that the balance of this property, some 27 acres, would then have to be put into preservation or conservation. Weare limiting the commercial use to that property, and it's less than 12 acres. You know, the way around that would be, you rezone this parcel and then you come in for a PUD later, and it just seems like a waste of time and resources. It just doesn't make any sense in the PUD process, so-- I think that concludes additional comments. I appreciate the opportunity to cover some things that I neglected to cover the first time. CHAIRMAN BUDD: Okay. Questions for the petitioner? Mr. Strain? COMMISSIONER STRAIN: I'm trying to get through it quickly. MR. MULHERE: Okay. COMMISSIONER STRAIN: I have some of staff, not too many. Mostly you, Bob, because we talked the other day. Do you have any problem limiting your COs to no sooner than October of '017 MR. MULHERE: Well, we have a problem with it but, however, however, we understand that that has been the position of the Planning Commission. We would like to not have that restriction, yes. But limiting COs to October of'07 is acceptable. COMMISSIONER STRAIN: That's the same condition we've imposed on other projects. MR. MULHERE: I understand. COMMISSIONER STRAIN: There was a neighborhood information meeting. In that meeting there were certain items stated. Have you read the staff report? MR. MULHERE: Yes. COMMISSIONER STRAIN: Do you have any concerns about the items stated as being mentioned in the neighborhood information meeting? MR. MULHERE: The only slight difference in recollection ttom my point to their point is that I do not recall saying absolutely no C-4 uses. I said predominantly, at least in my recollection, C-3 uses, because I knew there were a couple of office type uses in C-4 that we would want. And those are the three that I identified. COMMISSIONER STRAIN: I'm assuming a staff member was there and citizens so I'm sure I'll get more verification. MR. MULHERE: Yes. And I have a tape. COMMISSIONER STRAIN: But you might save a lot of effort, both now and as we get into the PUD, instead of having me go through every single line item of that commercial application. Would you be willing to change the language of the PUD that you will not exceed commercial uses ofC-3 -- as up to the C-3 zoning category, with the exception of -- and tell us today, which ones you think are outside of the C-3 that you would want to keep, and that would be a lot simpler than listing -- MR. MULHERE: Sure. COMMISSIONER STRAIN: -- three pages of uses and SIC codes that mean nothing to generally anybody -- MR. MULHERE: Well, I agree. I agree with you, Mark. We'll have to go in there and eliminate those anyway because the county will want the SIC codes. But I agree that we can put a general statement to that effect in there and I can tell you what those are. COMMISSIONER STRAIN: Okay. So -- in the stipulation portion of our meeting today -- MR. MULHERE: Right. Page 53 16 12 C August 18, 2005 COMMISSIONER STRAIN: -- we can get into that. At some point between now and then, while the staff is making a presentation, jot down those numbers, because I would like to discuss them so that it's clear to the public what C-4 elements that you are now adding in that may not or may not have been clearly stated at the informational meeting. MR. MULHERE: Yes. I've got those, so. I mean, I'm prepared to do them right now. COMMISSIONER STRAIN: Wait until I get to it and then you can tell us what they are, please. The reason on the fmdings for the petition, PUDZ-2005-AR-7469, it's a standard template that is used all the time. Did you write that or did staff right that? Do you know? MR. MULHERE: Typically the rezone findings, if they are part of the application packet, would be written by me. COMMISSIONER STRAIN: Okay. The reason I'm asking is, they are written as if there was no contested issue with comprehensive planning, I want to make that, in the findings, the premise for writing those was that, because, if it wasn't that, then we've got -- they're wrong, because, if you are writing them into the context that the Comprehensive Planning issue is real, then you wouldn't come to the same conclusions in those rezone findings that are written there today. MR. MULHERE: Well, I mean, I think they were written under the context that we felt as though we had the correct interpretation ofthe Comprehensive Plan, if that's what your question was, yes. COMMISSIONER STRAIN: Yes. MR. MULHERE: Yes. MR. WHITE: If! could inteIject, just briefly, that dovetails exactly with the same idea that you have an approval document essentially as part of the legislation, the ordinance here, which is inconsistent, of course, with what, arguably, the staffs position was with respect to the finding of inconsistency with the Compo Plan. So kind of making your point and taking it the next step further, the pattern and practice has been to provide an affirmative choice -- MR. MULHERE: Yes. MR. WHITE: -- to the Planning Commission in the event that they were to choose the petitioner point of view and perspective as opposed to that of the staff recommendation. COMMISSIONER STRAIN: Thank you. In those rezone findings, Item Number 4, if you wrote them, Bob, it says that the subject site is surrounded on three sides, east, west and south, by property included in the activity center, It's capitalized, as though it was a definition. I will check the GMP map. I didn't see that area of Vanderbilt and 951 indicated as an activity center. MR. MULHERE: Is that yours? Oh, that's the staff report. Thank God. I'm getting out of here. COMMISSIONER STRAIN: I still don't -- I'm not asking you, but I don't believe that's an activity center. Can you clarify? MS. WILLIAMS: Sure. Heidi Williams, Zoning and Land Development Review. To clarify, this was written by staff and it is -- some ofthe items do address the compo plan issue, that it is not consistent. This item looks to be a holdover from any other petition and is not actually pertinent to this petition. That's an error that's in there and I apologize for that. COMMISSIONER STRAIN: So we're not in an activity center. Would that change your findings at all? MS. WILLIAMS: The first sentence does not belong in that response, but the remainder that is written there does relate to this petition. COMMISSIONER STRAIN: Okay. And the remainder, then, has no bearing on the fact whether it Page 54 16 12 C 2 August 18, 2005 .. is or is not an activity center? MS. WILLIAMS: No, it does not. COMMISSIONER STRAIN: That helps. Thank you. A lot of this is going to get skipped because of what you just answered. Bob, you clarified this when we discussed it. I wanted to clarify it for the record. Your traffic impact statement is for Tanglewood. In this case, you mean -- MR. MULHERE: Sonoma Oaks, because we couldn't use -- I'm not sure why we couldn't use Tanglewood, but apparently there are a few other Tanglewoods out there. COMMISSIONER STRAIN: In your Table I under your Tanglewood PUD Traffic TIS -- well, actually Sonoma now, but you know what one I mean -- on Page 3, you talk about uses. You have a general office use. You use the ITE LUCE 710 code for 40,000 square feet. And under the shopping center category -- MR. MULHERE: Yup. COMMISSIONER STRAIN: -- you use the LUC 820 code for 80,000 square feet. Do you have any problem with limiting your uses for general office and for shopping center to the ITE trip generation rates not to exceed either of those two codes? MR. MULHERE: Well, in general, no. I just have one comment. The office generation is actually lower, so I guess my question would be, if it's unlikely that there would be, you know, office exceeding those numbers, but if it did, it would take away fÌom the square footage that we would be allowed for retail. I think if you are asking about the retail issue, I think it makes sense. But for us to have more office than retail would simply reduce the traffic impact. COMMISSIONER STRAIN: I think what I would suggest is, under any category that you're going to propose here today, you will not exceed the ITE trip generation rate for offices of71O and other uses of 820. MR. MULHERE: And the only -- and I would agree. I don't think we have a problem with that, with one exception. We did ask to have one fast food -- the opportunity to put one fast food restaurant. We would limit it to one. COMMISSIONER STRAIN: I was wondering if you would figure that out. Okay. I'll make sure when we get into that discussion, it's so noted. Collier County is planning to signalize Wolf Road and Collier Boulevard. Is that a true statement? MR. MULHERE: Yes, sir. COMMISSIONER STRAIN: You mentioned it in your public information meeting and it needs to be -- MR. MULHERE: Yes. And just if I could add to that, that improvement -- I'm not sure if the light -- Don could probably shed some light on that, but the improvement ofthe intersection up to approximately the fire station is incorporated in the Collier Boulevard improvement program, so that those turning lanes and that access, at least up to the fire station -- MR. SCOTT: That's correct. COMMISSIONER STRAIN: That's fine. Bob has probably talked to you more than I have, Don. MR. SCOTT: Yes. MR. MULHERE: Oh, yes. COMMISSIONER STRAIN: In the PUD, under Section 2.10, you have existing structures. And it is talking about that they may be retained and utilized for temporary uses, under, I would assume, the assumption that they are not to be expanded. MR. MULHERE: Correct. COMMISSIONER STRAIN: Bob, I am going to try to make notes on all of these comments so Page 55 1612 a 2 August 18, 2005 .. that in the end we can expedite any stipulations. MR. MULHERE: Okay. COMMISSIONER STRAIN: Under 2.14, native vegetation retention requirements-- MR. MULHERE: Yes. COMMISSIONER STRAIN: You have a sentence, viable, natural, functioning, native vegetation areas, shall not remove those areas of the vegetation that have a 75 percent or greater canopy coverage of exotic species. Did you write this PUD and send it on to staff electronically? MR. MULHERE: Yes. COMMISSIONER STRAIN: Is that a deviation? MR. MULHERE: You know, I really don't know the answer to that. I apologize. To me, you are suggesting that that language no longer applies? COMMISSIONER STRAIN: Well, ifit's in the LDC, we don't need it to be redundant in the PUD. MR. MULHERE: Ah, I see what you're saying. COMMISSIONER STRAIN: Ifit's in the PUD I'm concerned that you are putting it there because it's a deviation. MR. MULHERE: No, I don't believe that's a deviation. I believe that's consistent with the LDC, but we're generally asked to provide for a statement of compliance with the native preservation standards. And that's a typical statement that we would use. COMMISSIONER STRAIN: Well, I hope -- and I know that Mr. Schmidt made a commitment to Mr. Bellows to have a certain template made, and all of this stuff is supposed to go away, but, until it is, I just want to make sure we're clear. Under sidewalks, Item 2.16 B, you quote -- apparently you say, pursuant to the LDC-Section 60602 sidewalks shall be pennitted as follows. Is that a deviation or is that what is in the LDC? And, if it is in the LDC, why are you repeating it in this document? I can tell you for sure that Russ Muller does an extremely capable job of reviewing for sidewalks and he's going to be adding things involving the ADA that I don't want limited by language in this PUD. MR. MULHERE: There is no deviation. That is the language in the LDC. COMMISSIONER STRAIN: Ray, in order to avoid conflict between any changes in the LDC, which we had one that we may have discussed last night concerning ADA requirements, which they have to abide by anyway, whether it's in the LDC or not. But I wouldn't want this document to be contradictory to those kind of things. Do you recommend striking these kind of redundancies so that we're following one document as the Bible or -- MR. BELLOWS: For the record, Ray Bellows. The engineering staff, including Russ Muller, reviews the document to ensure that there is no inconsistencies. However, it is covered by the LDC and I don't have a problem with that being eliminated. COMMISSIONER STRAIN: I'll so note it. 2,19 landscape buffers, berms, fences and walls. You have a series oflandscape berms that are allowed to have some layer of following maximum side slopes. Are those consistent with the LDC or are these deviations you are looking for? MR. MULHERE: To my knowledge, those are consistent with the LDC. COMMISSIONER STRAIN: You know what? Maybe we can summarize all ofthis. The only deviation you are asking for in this entire document is the one that you've already asked for and spelled out as a deviation. MR. MULHERE: Correct. COMMISSIONER STRAIN: Is that something we can stipulate? Page 56 1612 C 2 August 18, 2005 MR. MULHERE: Correct. COMMISSIONER STRAIN: All of those other nuances, I'll just go ahead and try to save time and not go into them. Under your development standards, Table Roman Numeral ill-3 is the page you have an Item 3 on there -- I'm sorry Item 5, starts out that, front loading garages shall have a minimum front yard setback of 23 feet. MR. MULHERE: Yes. It should be 23. The second 25 should be 23, if that's your question. COMMISSIONER STRAIN: That's my question. MR. MULHERE: Thank you. COMMISSIONER SCHIFFER: Mark, on that point, can I ask a question? According to that, it also looks like you could have a garage right on the sidewalk if you wanted. Obviously you would have to have a traffic lane that would get the other cars off. Is there any kind of a minimum -- MR. MULHERE: There is a setback. Yes. COMMISSIONER SCHIFFER: A setback, which is 15 feet? MR. MULHERE: It's 15 feet, right. COMMISSIONER SCHIFFER: Are you sure, the way it's worded, though? MR. MULHERE: Yes. COMMISSIONER SCHIFFER: Because it is -- it's under front setback, it is a footnote and the footnote states that garages can be less than 20, now 23 feet. MR. MULHERE: Yes. COMMISSIONER SCHIFFER: It doesn't say that it can truly pass the setback. MR. MULHERE: But under the table, the table for accessory structures and principal structures are the same in the front. So you can't be less than the required setback. In this case you are required to be more than the front setback if you have a front loading garage. COMMISSIONER SCHIFFER: Right. MR. MULHERE: And what we're saying, the staff always requires a statement that says that the garage front shall not be less than 23 feet. I think you remember the issue. It's cars parking across the sidewalk. COMMISSIONER SCHIFFER: Right. MR. MULHERE: So if you have a side-loading garage and you build your driveway so that you can pull in front of the garage and still not be crossing the sidewalk, you can be closer -- you can -- but not slower than 15 feet. COMMISSIONER SCHIFFER: But since it is -- MR. MULHERE: I can put a statement that says in no case shall the garage -- COMMISSIONER SCHIFFER: Be less than 15 feet. MR. MULHERE: -- be less than 15 feet from -- well, it's measured from the edge of pavement, right. Okay. COMMISSIONER STRAIN: Okay? COMMISSIONER SCHIFFER: I'm fine. Thank you. COMMISSIONER STRAIN: I'm on the commercial section. So if we were to suggest language that all uses shall not exceed the CIs through C3 categories accept -- by the way, Bob, when we finish I'm going to ask that representatives of the civic association, the homeowners groups that are here today, comment on your exceptions in regards to what was presented at the public -- MR. MULHERE: Okay. What reportedly was presented, from my perspective. Page 57 1612 C August 18, 2005 ". .: COMMISSIONER STRAIN: Well, from yours, but I can get others to state what they thought it was, too, so we don't need to go that far. What elements of C-4? MR. MULHERE: Okay. I've got those right here. COMMISSIONER STRAIN: Okay. MR. MULHERE: We're just talking about that because we put on the record some other ones, such as the grocery stores that are permitted and the limit of one fast food. Those are all -- you're just talking C-4. COMMISSIONER STRAIN: Here is what I'm trying to say. Rather than getting into all of your commercial uses that you have there today, we'll simply say that you'll be limited to the uses of the C-1 through C-3 zoning districts. MR. MULHERE: Yes. COMMISSIONER STRAIN: And the following. MR. MULHERE: Okay. COMMISSIONER STRAIN: And the and being anything outside of those districts that you feel you need to have, and we'll see how that fares. MR. MULHERE: And that would be permitted use number 24, which is -- we've listed as SIC Code 731, 733, 735 and 737. COMMISSIONER STRAIN: Now, those are the ones you previously said you are not going to want. MR. MULHERE: That's correct. COMMISSIONER STRAIN: I am going in the opposite direction. MR. MULHERE: Oh, you just want the ones we are -- okay. Yes, I'm sorry. I've got those. COMMISSIONER STRAIN: I'm trying to figure out -- MR. MULHERE: Yes. I've got those. COMMISSIONER STRAIN: You can simplify the three pages by telling us -- MR. MULHERE: I've got them, I've got them. COMMISSIONER STRAIN: Okay. MR. MULHERE: They fall under SIC Code Number 33 and they are the following SIC code numbers: 8711,8712 and 8713. COMMISSIONER STRAIN: So those are the only three uses, outside of the C-3 categories, that you would like to retain in addition to those in the C-1 district. So 8711. What are those so the public that has got an SIC book with them can know? MR. MULHERE: Those are -- 8711 is engineering services, 8712 is architectural services and 8713 is surveying services. COMMISSIONER STRAIN: Okay, And then the only additional commercial item, there is going to be language limited to one fast food. MR, MULHERE: Correct. COMMISSIONER STRAIN: And is there a square footage limitation that you thought of, that you can live with? MR. MULHERE: For fast food? COMMISSIONER STRAIN: Yes. I mean, you could have a 10-acre fast food restaurant. Some of those -- MR. MULHERE: Yeah. I mean, typically they are kind of cookie cutter. I wouldn't think that they are any bigger than 4,000 square feet, maybe five, just to -- I'm not suggesting we would need it, but just because I don't really know the answer. I don't think they are any bigger than that, so you said one, they're Page 58 1612 C 2 August 18, 2005 not to exceed 5,000 square feet, yes. COMMISSIONER STRAIN: Right. Okay. Then I can bypass all of the questions I had on the commercial applications. Under the commercial development standards. MR. MULHERE: Okay. COMMISSIONER STRAIN: I was looking for a setback from residential. I didn't figure out how that was stated here. Do you have one? MR. MULHERE: I don't think there is one in there, I think for the following reason. COMMISSIONER STRAIN: The road, is what you're probably going to say. MR. MULHERE: Yes. Correct. You have got this road, landscape buffer here, landscape buffer there. So you have a pretty substantial setback. And we're going to have to -- even though we didn't put native vegetation in here, because there isn't one and we exceeded the requirement here, I mean, we recognize that for these lots to be marketable adjacent to this that there is going to have to be a nice, thick landscape buffer in there. So we're prepared to do it. COMMISSIONER STRAIN: I just want it on the record as to why you want them. That's fine. And lastly, the PUD plan that we have attached to our document I understand was changed. You showed me one that is a newer one in your office. MR. MULHERE: Correct. COMMISSIONER STRAIN: Which one do you want on record? MR. MULHERE: Well, I think the one difference was that, on the one you have, if I'm not mistaken, the cross-section has an incorrect front setback showing 20 feet. COMMISSIONER STRAIN: Correct. MR. MULHERE: And it should have showed 15 feet. COMMISSIONER STRAIN: Are you going to -- do you want that just noted as a stipulation? MR. MULHERE: Yes. If that could be noted. And I'll make sure -- I thought we sent the revised master plan to staffbut we have had a few iterations back and forth, so it's possible that either we didn't send it to them or they just used one that wasn't the most recent. But that was the only difference, was that the front setback's 15 feet so in the cross section we don't want to show 20. It doesn't make sense. COMMISSIONER STRAIN: Well, it's 15 or 23. MR. MULHERE: Correct. You are right. COMMISSIONER STRAIN: That's the remainder ofthe questions I have, except I have a couple of staff CHAIRMAN BUDD: Other questions for the petitioner? Mr. Midney? COMMISSIONER MIDNEY: Bob, what is this project doing to address affordable housing? MR. MULHERE: Well, I mean, it's only 112 units, and I don't think we know right now what the market -- the market segment that those units will be directed towards is going to be. But, I mean, there's just an economy of scale here, really that, with us building this roadway and then dedicating it to the public and then, of course, 65-foot along Collier, 80 foot for 500 feet plus 30 feet. I mean, I know these things benefit us but, I mean, they also benefit the public. And there is a utility site being requested somewhere in the neighborhood of a half an acre. There is just an economy of scale here where there really isn't an opportunity for us -- I mean, we didn't come in for an affordable housing density bonus agreement. And I just don't know what the marketplace, and I don't think my clients know at this point in time, where they are going to market this. But obviously it's not a very big site. It's not highly amenitized. There isn't that much room. So, arguably, I Page 59 16 12 C 2 August 18, 2005 think we will have a niche that, while it may not address affordable housing, I believe it will address what is being called gap or work force housing. I don't know what the, you know, what the fmal product is and I don't think my clients do either. COMMISSIONER MIDNEY: Thank you. CHAIRMAN BUDD: Other questions? Mr. Strain? COMMISSIONER STRAIN: I think I have one of Mr. White. Patrick, in this document, the PUD document, unlike some others that we reviewed, there are some very specific references to sections of the -- of the LDC that they believe they are trying to describe themselves as falling under for various elements, for landscape buffers, for example, for rights of way, for common area maintenance. All different little pieces throughout the document. They just referenced the LDC section to which they are going to be building pursuant to. My concern is, we've changed the LDC periodically and the section numbers actually get changed. By having those direct, distinct references in the PUD, does that have any impact, should the number system change in the future? MR. WHITE: The impact would be that the staff and anyone ITom our office who is asked to assist, will be required to go back and look at today's LDC in effect when this is approved, assuming it will be, to note what those provisions then said and to follow them through to where they may be renumbered, relocated or even recodified. That is essentially the same as what happens with older PUDs at this point in time that reference prior LDC provisions and must be implemented by applying current LDC revisions. We do the best we can to find what that exact parallel provision is for the purposes of giving meaning to what was stated in the PUD document. COMMISSIONER STRAIN: What if we added more paragraphs in the LDC than were originally listed or referenced? Can those additional ones be then added as a condition of the PUD'S criteria or are they limited to those in existence only at the time -- MR. WHITE: You've asked the fundamental question that is required to be made by anyone who attempts to apply the Land Development Code in combination with any of our PUDs, It is always a case by case analysis and one where a general rule should be avoided, in terms of saying either the latter enacted or the more specific enacted provision should control. I think that it's an area that is important to try to fmd the appropriate balance between those ideas. It is obviously easier if you do not include those types of citations and instead just otherwise rely on a general provision that says that you must meet what then existent LDC requirements otherwise are. MR. MULHERE: There is a provision in the PUD that provides -- that says, unless otherwise exempted or more specifically stated in this PUD document, the Land Development Code prevails. And I assume, at least in my past experience, that where the land development code has been amended after a PUD is approved but it's the land development code that is the prevailing document on that regulatory issue, it has been applied in its new application. MR. WHITE: And that is, indeed, I think the case consistent for all applicants, all aspects of staff who have dealt with this. COMMISSIONER STRAIN: Well, I -- in reading this PUD, I did notice there was a lot more references to specific chapters ofthe LDC. But in each and every case that I read, if you just struck those references and simply said --like in this one, Sanoma Oaks MPUD subject to the requirements of the Land Development Code. Instead your sentence says subject to the requirements of, and it lists four chapters, and then the Land Development Code, So I would recommend that we strike all of those references where not needed and leave it simply the Land Development Code. Then, no matter how many switches there are or additional chapters that might come into play, you fall under those. MR. MULHERE: If we said something like, with respect to this issue, I agree, or with respect to Page 60 1612 C 2 August 18, 2005 this provision. I think if we could get to the point where -- I think what you are driving at is, if we can get to the point where we can create a PUD document that isn't redundant that only provides for development standards and deviations, then the rest of it is superfluous, really, and the general statement that, for the balance you comply with the LDC. I don't think -- COMMISSIONER STRAIN: Certainly would speed it up. MR. MULHERE: I don't think we're there yet, but, you know -- COMMISSIONER STRAIN: Probably make these meetings go a little bit faster. Thank you. That's all I've got. CHAIRMAN BUDD: Other questions on the staff presentation? MR. WHITE: Just one comment. I note in this PUD document, the version I have is Roman Numeral N -4. It's under capital letter A, Number 34, and I don't recall any discussion about it at this particular hearing, but I know in prior, recent hearings there's been some discussion about that generic provision involving any other use comparable in age with the foregoing list. And I don't know whether that is something that -- that the commission wants to consider or not at this point. MR. MULHERE: I can speak to that issue. That language is the acceptable language at present, Pat, because it requires a determination by the Board of Zoning Appeals, which in this case is the Board of County Commissioners. Previously those PUDs used to simply say in which the zoning director determines to be comparable. That was the only one. MR. WHITE: I just am unaware of any process that allows you to immediately jump to the BZA to make that kind of a determination. COMMISSIONER STRAIN: That is a subtle difference. MR. MULHERE: I don't know, I think, Marjorie, she's not here, but I believe she previously was involved in causing the -- I won't say causing as an individual, but involved in changing that condition from its previous format in most PUDs, which was -- in which the zoning director determines to be comparable and compatible with the foregoing to now, that the process should be handled by the BZA. I would say that the process should be maybe through a conditional use. MR. BELLOWS: Well, for the record, Ray Bellows. That was the original intent of the language and most PUDs are structured to have -- not that language listed under permitted uses but under conditional uses. MR. MULHERE: And that's fine. That's fine. We would agree to move that as a conditional use. It simply is there because you can't foresee everything. If there is a use that isn't identified, that is comparable, let it go through a public hearing process. I think that addresses everybody's concern. COMMISSIONER STRAIN: Okay. CHAIRMAN BUDD: We have no other questions? We'll hear the staff report, please. MS. WILLIAMS: Good afternoon. Again, for the record, Heidi Williams. Principal Planner, Zoning and Land Development Review. Staff review of this petition has found that, as laid out, this PUD does not comply with the criteria in the Growth Management Plan. We do have staff members available to answer specific questions about that. But essentially the four dwelling units per acre requested for the residential portion is consistent with the density rating system. There are criteria of the office and infill commercial subdistrict, however, that staff does not feel have been met. With respect to environmental issues, no EAC meeting was required for this petition because there are no wetlands or wildlife issues. The neighborhood information meeting was held as required by the applicant. There were a few residents in attendance and, to anticipate your question, my notes on that meeting do indicate that no C-4 or .. Page 61 1612 C 2 August 18, 2005 C-5 uses would have been allowed. I verified this with Linda Bedtelyon, who is our community infonnation coordinator for CDES and that was her impression as well. We did not have an opportunity to review the tape of that meeting, It is to be -- yet to be provided by the applicant, I believe. Zoning review. Just to clarify a statement made by the applicant, it's not the intention of the staff report to indicate that this layout is necessarily better than any other layout. However, it is compatible with the existing uses and intended uses for the area. Single family residential to the west would be compatible with the residential area, as indicated on this master plan. There is a commercial shopping center to the south and fire station to the north. The applicant has mentioned that the utilities division has requested an up to one half acre well site easement. This is not reflected on the master plan. They would prefer that it is. However, I understand there is ongoing conversation on that. There is one deviation requested, as noted by Commissioner Strain. That is a deviation that would allow the applicant to provide a 50-foot right-of-way instead of a 60-foot, which is nonnally required. And, as I feel that many of the issues have been pretty thoroughly discussed already, I just would like to say that staff recommends denial of the petition, based on the fact that staff does not fmd it consistent with the growth management plan. And I would be happy to answer any questions. CHAIRMAN BUDD: Questions for staff? COMMISSIONER STRAIN: Staff member, I have questions. You answered the questions you knew I was going to ask so I'm done there. Michele Mosca had written a memo. I wanted to ask her one question about it. That's the only staff question I have, MS. MOSCA: Good afternoon, Commissioners. Michele Mosca with the Comprehensive Planning Staff. COMMISSIONER STRAIN: Hi, Michele. MS. MOSCA: Hi. COMMISSIONER STRAIN: Page 6 of your memoranda, the one attached is dated July 21st, 2005. The last conclusion, Item Number 3, PUD document should be revised as noted above. Did all of your revisions get into this PUD document that we're seeing today? MS. MOSCA: I don't believe so. COMMISSIONER STRAIN: Well-- Lindy, did you have -- can you hang in there for a little while or do you want do -- COMMISSIONER MIDNEY: Yes. Go ahead. COMMISSIONER STRAIN: Let's start walking through it and see what's missing. MS. MOSCA: Well, I believe the reason why my recommended changes were not provided in the PUD is because the agent for the applicant believes that the subject request is consistent with the office and infill commercial subdistrict. But everything else that I had requested from the applicant is within the PUD, so it's related to that issue. COMMISSIONER STRAIN: Ifthere is a finding of -- or if there is a recommendation to the BCC for consistency or to approve this, then all of the other elements, other than that one, have been corrected pursuant to your request? MS. MOSCA: I believe so. COMMISSIONER STRAIN: Thank you, Michele. That was my concern. CHAIRMAN BUDD: Mr. Schiffer, you had a question? COMMISSIONER SCHIFFER: Yes. Could you outline what your concerns are with the Growth Management Plan, GMP? Page 62 16 12 C 2 August 18, 2005 MS. MOSCA: Yes, I would. Staff believes that the application is, first, inconsistent with the intent of the subdistrict. And I could read the intent, if you would like. And also two particular provisions within that subdistrict. The intent of the commercial and office infill subdistrict is to provide low intensity office commercial or infill commercial development on small parcels within the urban mixed use district located along arterial and collective roadways where residential development, as allowed by the density rating system, may not be compatible or appropriate. What the applicant is requesting, the only parcel that would qualify under the office and infill subdistrict would be the most southern parcel, which is approximately 9.38 acres. Collectively, this project is somewhere around 37 somewhat acres, which mayor may not be a viable location for residential. COMMISSIONER SCHIFFER: Do you think it would be viable to locate residential along Immokalee Road? MS. MOSCA: I believe there is residential located along Immokalee Road. COMMISSIONER SCHIFFER: Okay, and the second point -- MS. MOSCA: The specific criteria -- the first one is on 2 of my memorandum. The rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property that is greater than 12 acres in size, the balance of the property in excess of the 12 acres is to be limited to an environmental conservation easement or open space. We're not suggesting that perhaps if collectively these parcels -- only the southern parcel, which is approximately 9.38 acres, should be commercial. The remaining could be used for residential development. We're not suggesting that the remainder of the acreage within the PUD be set aside for conservation or otherwise, or open space. CHAIRMAN BUDD: Anything else, Mr. Schiffer? COMMISSIONER SCHIFFER: I want to see what is being put on the -- MS. MOSCA: David Weeks has put up a drawing. That -- the southern portion would be the eligible property for the commercial request under the subdistrict. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN BUDD: Any other questions for staff? Okay. The staffpresentationis complete and we've asked questions. Are there any registered public speakers? MR. BELLOWS: One registered speaker. Larry Smith. MR. SMITH: Good afternoon. My name is Larry Smith. I am Chainnan of the County and Local Development Committee that represents Vanderbilt Country Club, which is made up ofa bunch of local members there. And yes, we did attend the local hearing for this particular petition. And at that hearing we were also of the impression that we heard that the pennitted uses was to be C-l, C-2, C-3, at least that was our . , ImpreSSIOn. However, in relation to Mr. Strain's question, we don't have any opposition to the designated C-4s that Mr. Strain got Mr. Mulhere to commit to, as long as we're sure that those are offices, which we have been told that specifically.aSo therefore I would just like to comment that Vanderbilt sees no reason to oppose this petition at this time. CHAIRMAN BUDD: Thank you, sir. Any other speakers? MR. BELLOWS: No other speakers. CHAIRMAN BUDD: There being none, we'll pose the --oh, you have another question? Page 63 16 12 C 2 August 18, 2005 COMMISSIONER STRAIN: I have one question of Mr. Mulhere. CHAIRMAN BUDD: Go right ahead. COMMISSIONER STRAIN: Bob, do you realize that you are not being granted any concurrency determinations or rights, even if this is approved by us, that the BCC and that you will have to fully meet all concurrency requirements before you can build the project? MR. MULHERE: Yes, sir. COMMISSIONER STRAIN: Thank you, CHAIRMAN BUDD: With that, we'll close the public hearing. Do we have a motion on the table? COMMISSIONER ADELSTEIN: I move that AR7496 -- 69, rather, be forwarded to the Board of County Commissioners with a recommendation of approval, subject to the conditions given by Mark Strain. COMMISSIONER MURRAY: I second. CHAIRMAN BUDD: I have a motion by Mr. Adelstein, a second by Mr. Murray. Mr. Strain, for clarification on the record, would you restate those conditions? COMMISSIONER STRAIN: Yes. The first one is to limit the uses on the project to two categories, general office, and I think they said shopping center, but the purpose is that the ITE trip generation rates for offices will not exceed the office use of710 and, for the commercial uses other than office, will not exceed the trip generation rate of 820 for the square footages shown in the master plan, or the PUD. There will be no rental units in the residential portion ofthis project as committed to in the public information meeting. The maximum actual height, not zoned but actually will be 40 feet for single family, 45 feet for multi-family, 50 feet for commercial. There will be no COs issued on the project until October of'07. There will be no expansion to the existing uses that, according to the PUD, are allowed as a temporary use. There will be no deviations requested except the single one that is requested for. Any references to changes in the LDC or clarifications are not deviations to the LDC. The correct setbacks -- the setbacks will be corrected on the master plan. The references to the LDC in regards to the specific chapters in the PUD will be removed. The commercial uses will be limited to those uses in a C-l, C-2 or C-3 category, plus offices for 8711, 8712 and 8713. And the fast food category will be limited to one fast food restaurant not to exceed 5,000 square feet. Item Number 34 under the uses for commercial will be removed from that category and put into a conditional use category, And there will be no -- no rental of residential units -- I already said that. So those are the nine conditions I have come up with. CHAIRMAN BUDD: Mr. Adelstein, do you agree with those stipulations? COMMISSIONER ADELSTEIN: Absolutely. CHAIRMAN BUDD: Mr, Murray? COMMISSIONER ADELSTEIN: I do. CHAIRMAN BUDD: Mr. Anderson? MR. ANDERSON: I have just one clarification on that rental unit provision, because I bumped up against this on another PUD. The prohibition is on that this will not be a rental complex. If you or I buy a unit there, and we want to rent it out, that should be permitted, COMMISSIONER STRAIN: I don't disagree with you, but I'm assuming it will be limited to a certain number of times a year and certain length of -- period of time, like other residential units. MR. ANDERSON: Whatever the Land Development Code provides generally for that. COMMISSIONER STRAIN: Okay. I don't think that's a problem. Page 64 16 12 C 2 August 18, 2005 CHAIRMAN BUDD: Do the motion and the second come through with that clarification? COMMISSIONER MURRAY: I'm clear with that. CHAIRMAN BUDD: Mr. White, would it also be appropriate for us, as part of this motion, to find it consistent with the growth management plan, even though that's contrary to the staff direction, staff opinion? MR. WHITE: I think that you are free to make such a fmding in the fonn of a recommendation to the Board of County Commissioners for their consideration. And you are, I believe, free to agree or disagree to any extent with the staff or the petitioner. CHAIRMAN BUDD: Would the motion maker and the second agree with that? COMMISSIONER STRAIN: Can we phrase it that, due to the unique circumstances of this property, that this particular situation would, we believe -- COMMISSIONER MURRAY: Does in spirit -- COMMISSIONER STRAIN: -- does in spirit meet the intent of the -- meet the consistency of the growth management plan. COMMISSIONER ADELSTEIN: I'll accept that. CHAIRMAN BUDD: That's much better said than what I had in mind. The motion and second are in agreement? COMMISSIONER MURRAY: Yes. CHAIRMAN BUDD: Ms. Caron had a question, followed by Mr. Abernathy, or a comment. Excuse me. COMMISSIONER CARON: I don't really have a question. I have a real problem. I cannot find it consistent with our growth management plan. I think our Growth Management Plan is very clear here, for a change, perhaps, but very clear in that it states the criteria listed below must be met for any project utilizing this subdistrict. And there are 17 criteria listed. And at least four or five of them are not met by this petitioner. Now, I'll qualify that by saying that I think this is probably a really good project. All right? And there are a lot of things here that we would like to have happen. However, they need to go through the process, and the process is to have a Growth Management Plan amendment in order to make this change. And I'm going vote against it, just because of that fact. I don't think that we can fmd it consistent. CHAIRMAN BUDD: Mr. Abernathy? COMMISSIONER ABERNATHY: My question sort of dovetails with what she said. I wonder if we should be forwarding this rejecting the staffs notion that the BCC would have to make an exception or make a finding that it is consistent by their having said so. On the one hand, we could forward it saying we don't think it's consistent but the BCC should, since it's a meritorious project, should exercise its discretion and approve it. I'm hung up on saying it's consistent with the -- I just think that crosses over the whole thrust of what this staff, comprehensive planning staffhas said. I don't have any problem with it being approved by the BCC, and would like to tell them so, but I don't think I can fmd it -- I don't think it's incumbent or necessary for us to find that it's consistent with the Growth Management Plan, because it clearly isn't. MR. WHITE: To address Commissioner Abernathy's comment, there is no legal requirement that the Planning Commission make that precise finding. I understood, from the form of the motion and the intent of the motion maker and the second, to essentially be making just that type of a recommendation to the board, not a specific finding of consistency or not. But you are free to bring it forward with any degree of recommendation or finding you may Page 65 1612 C 2 August 18, 2005 choose, in agreement or disagreement. CHAIRMAN BUDD: For that clarification, Mr. White, because I was under the misimpression that we did have to make that finding, and I would leave it to the motion maker and the second to withdraw that portion of their motion which is raising roadblocks in the approval of this petition request. So, Mr. Adelstein -- COMMISSIONER ADELSTEIN: I never said it was going to be consistent. CHAIRMAN BUDD: Okay. So the motion maker wants to remove the finding that it is consistent. And the second? COMMISSIONER MURRAY: I would agree with that. If! may just comment? CHAIRMAN BUDD: Yes, sir. COMMISSIONER MURRAY: I was struggling with how I could -- if! were to make the motion, that I would recommend denial but recommend that the BCC approve. And so I thought the motion that was made by Mr. Adelstein, Commissioner Adelstein was fine and we can remove that portion if clarifies the issues. COMMISSIONER STRAIN: Basically, then, the first ten suggested stipulations would stand. And I agree with the chairman. I was under the impression we had to weigh in on it. I don't think it's our purview, It's nice to know that it isn't our purview to have to do that. MR. BELLOWS: For the record, Ray Bellows -- MR. WHITE: I think your desire -- MR. BELLOWS: If you look at your rezone fmdings -- MR. WHITE: Right. MR. BELLOWS: -- Page 1 of 4, it clearly says, whether the proposed change will be consistent with the goals, objectives and policies of the future land use -- element of the Growth Management Plan. Now, that's requirements for this Planning Commission. But the Board, as previously stated, can make other findings. MR. WHITE: And I thought that you had adequately addressed both what your charge is and those things that arguably you cannot intercede the distance to make the final finding on with respect to consistency by couching it as a recommendation to the board of a finding of consistency and a recommendation based on that, otherwise, of approval, with those stipulations enumerated. That's how I understood the form of the motion and didn't see that legally it required anything changed in order to comply with both what you are responsible to do and, arguably, which you can't do that remains, you know, the jurisdiction ofthe board, that being specifically to make a finding of consistency or not. You are making a recommendation in that regard, and I think that's appropriate. CHAIRMAN BUDD: We have a motion and a second on the floor to make a recommendation to the Board of County Commissioners. If there is any further discussion-- COMMISSIONER ABERNATHY: Yes, sir. CHAIRMAN BUDD: Mr. Abernathy. COMMISSIONER ABERNATHY: I think we're on dangerous grounds if we forward to the BCC things that we believe are not consistent with the Growth Management Plan. I don't think that's our position at all. CHAIRMAN BUDD: Okay. COMMISSIONER ABERNATHY: So I can't vote for it, as it's stated. I think it could be stated in a way that expresses my view that yes, but, is what we're saying. But this is -- we're just saying flat out, approve it. COMMISSIONER STRAIN: No. I think we have eliminated that comment from our Page 66 1612 C 2 August 18, 2005 recommendation. We're just saying, here is the stipulations which we would recommend approval. Obviously it's going to be subject to their creating a policy in which -- that this applies pursuant to the GMP, at least that's what I'm thinking. MR. BELLOWS: For the record, again. Ray Bellows. I think you can make your recommendation that -- you can forward a recommendation of approval subject to the board finding the project consistent with the comprehensive plan. COMMISSIONER ABERNATHY: That's good. CHAIRMAN BUDD: Okay. Mr. White, is that -- MR. WHITE: That is the essence of what I took the original motion to be. CHAIRMAN BUDD: Good. Excellent. Stop right there. Does the motion maker -- COMMISSIONER MURRAY: I would -- CHAIRMAN BUDD: -- and the second -- COMMISSIONER ABERNATHY: I wish you had just said that. CHAIRMAN BUDD: Okay. Any further discussion on the motion? COMMISSIONER ADELSTEIN: Call the question. CHAIRMAN BUDD: There being none, all those in favor of the motion signify by saying aye. Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN BUDD: All opposed? COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN BUDD: Please raise your hand if you are in opposition. Mr. Midney and Ms. Caron. The motion passes 7 to 2. Thank you very much. Moving on to our next agenda item, we had modified Item 9, Old Business, to add in some discussion about owner notification atthe request of Mr. Adelstein. COMMISSIONER ADELSTEIN: What happens now is, I think all of you are aware, that owners within 500 feet of an issue that has come to the floor are given an opportunity to come -- notice, get a letter and are notified that on that particular date the hearing on their issue will come before the board. That kind of thing. What is happening now is that, for example, the September 1 st meeting, the letter to the owners went out on August 3rd. We know that, by our own situation, that a certain amount are going to be moved on to other dates because of issues. Now, with this length of time between it, it's going to be a great number of these people, who are going to be coming to a meeting, expecting to be protecting their home rights and find out that the meeting isn't going to go forward on that particular date. Now, the rules oflaw say they have to be notified. What is happening here is the county is taking the situation of, well, we notified you and you've got to follow up to fmd out whether or not it's going to happen. These people, many of them, are coming fi'om -- taking time off of their jobs. I feel that there has -- that staff should find a way to let people know when a situation, at reasonable length, will be put on to Page 67 1612 C 2 August 18,2005 another level, not like something today, which nobody could have guessed that is going to happen sometime. But, in this situation, I have watched people come in here and the meeting is not there and they look at each other and they missed a day's work, done this and done that. I think staff should take a look at this and see if there's any way, for example, that, if a person calls staff stating that they want to come to this meeting and leave a phone number, that they could be called back if in fact, within three days of the thing, of the meeting, that the meeting is not going to go forward. Otherwise, it's just a -- it's not an amenable, clean thing. We're now going to end up with at least probably close to 50 percent of these, by that letter situation, not go forward at the time that they are told it's going to go forward. MR. BELLOWS: For the record, I think we want to address that by looking at an LDC Amendment that would refer back to the 15 day requirement to have the letter sent out. It does pose a lot of problems with consistency that people will be notified early on via letter, only to have the letter be superseded a week later, let's say, by -- for whatever reason, of continuation. COMMISSIONER ADELSTEIN: I think, if you gave them 15 days, give them at least a reasonable account of what could happen. MR. BELLOWS: I've discussed this with our staffthat does the advertising and they have a tremendous amount of trouble implementing a two tiered notification process, one at the 21 days and the remainder at the 15 days. It's inconsistent, the way it's written now, and we're looking at trying to fix that, and because of this very situation you've-- COMMISSIONER ADELSTEIN: And they have expanded that out now, beyond, because the 3rd ofthis month until the 1 st of next month is not 15 days. MR. BELLOWS: I agree. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: Is the agenda on the website where somebody could check that, even at the 11 th hour? Maybe that would be the way to do it. MR. BELLOWS: That's a good idea and I'll follow up on that. COMMISSIONER SCHIFFER: The other thing, too, is there a time limit because some of those postponements -- I think today was a good example. The developer is ready to go, the neighbors request that, wait a minute, we want to look at it for at least two weeks, And then two weeks later the neighbors, who in this case some of the conversations were coming in from out oftown, all fly in for the meeting, and then the developer decides he doesn't want to do it, yet the developer is ready two weeks ago. Could we put some sort of a deadline on continuing? The other problem is that we come in and we have one hearing because everybody is, I don't know if they are out of town or for whatever reason, they all don't want to hear the thing. So I think today is an example of how a developer or how people could really use the continuance system to tire out opposition and things like that. CHAIRMAN BUDD: Actually, Mr. Schiffer, I take an opposite viewpoint, which is, today is an example of how the kind of dialogue and negotiations that ought to occur between the residents and a developer does appropriately occur before it gets to us so that it's vetted appropriately and everybody has a chance to hear this side, that side and weigh it all out. I would hate to confine that and say, ready or not, bring it in front of us so that we can all argue here in a public forum rather than have people come in. Because I can think of specific petitions that were continued several times and then, when they came in, they said, we've hammered it all. Here is what we want. We like it. Boom. We've got a deal. That's the best of all worlds. COMMISSIONER SCHIFFER: I agree with that but I think that should be done prior to being scheduled for us to hear. Why are we using the continuance process to do what should be done prior to you Page 68 /- 1612 C 2 August 18, ~005 putting it on the schedule? .. I MR. BELLOWS: Well, we do have the neighborhood information meetings, which is a form of early communication that is incumbent upon or forced upon the petitioner to meet with residents, which hasn't been done previously to enacting that ordinance. To address the late continuances, there is really nothing we can do other than charge additional fees as a penalty. We have implemented that. But even during the day of the planning commission they will ask for a continuance. They are hit with additional fees for that. There is also -- it may be to dissuade some -- it won't dissuade the larger developer, but the small person being dissuaded continuing at the last minute. We also have a requirement that if there is continuance, several continuances and it goes beyond four weeks rrom the original advertisement, that everything has to be re-noticed, the letters have to go out again, new newspapers ads, the signs have to be redone. So we try to -- we don't want to discourage petitioners rrom meeting with residents. If some issue comes up at the last minute -- and it's really incumbent upon them to meet with them and resolve those issues. And I don't -- personally would not like to see anything done to prohibit them rrom doing that. CHAIRMAN BUDD: Okay. Any further discussion on that item? COMMISSIONER ADELSTEIN: All I'm saying is, I would like to have a decision made in the near future. CHAIRMAN BUDD: Ray, could you report back to us, how you are going to respond to that challenge? MR. BELLOWS: Okay. CHAIRMAN BUDD: Thank you. Just one other thing I would like to bring up. During the break Mr. White asked me for a clarification. Earlier today we had the LDC Item 2A that we are going to hear again at a future date, and my -- I clarified to Mr. White, and I wanted the planning commission to either agree with me or straighten things out, that our future discussion ofltem 2A is a continuation of our proceeding and not a second or new hearing, the significance being a second hearing would require readvertising. And I indicated to Mr, White that it would be a continuation of the meeting. And I wanted to get an affirmation of the planning commissioner that either indeed that's what we did or let's straighten things out. COMMISSIONER ADELSTEIN: So moved. Let's just make it a motion. CHAIRMAN BUDD: Indeed, that's what we do. And is that sufficient, Mr. White, by affirmation that I told you the truth? MR. WHITE: A meeting it is. CHAIRMAN BUDD: Deal. So, with that, we're adjourned. (Meeting adjourned at 1:10 p.m.) ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:40 p.m. COLLIER COUNTY PLANNING COMMISSION RUSSELL A. BUDD, Chairman Page 69 16 r2 C ~ ~ RECEIVED OCT 0 3 2005 MEMORANDUM Roam of County Commissioners DATE: September 30, 2005 EACH COMM. RE('~V TO: Board of County Commissioners FROM: Barbetta Hutchinson, Executive Secretary, OMB SUBJECT: Productivity Committee Meeting Minutes Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of August 17,2005. In addition, the minutes ofthe Benefits Subcommittee meeting from June 2,2005 and the minutes of the IT Efficiency and Effectiveness Subcommittee meetings from July 15, 2005 and July 20, 2005 are also enclosed. Please do not hesitate to contact me at 774-8973, or Mike Sheffield at 774-8569, should you have . any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Crystal Kinzel, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774~8828 Mise, Corrés: Date: I' /' I / /)5 Its;;I:1 / /ç,']: ~ t. 3. Copies to: 16 12 C 3 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - August 17, 2005; 2 p.m. Members Present: John Barlow, Syd Blum, Stan Farnham, Dex Groose, Steve Harrison, Helen Philbin, JimVanFleet and Janet Vasey. Members Absent (Excused): Joe Swaja (Joe joined the meeting via telephone for the last half of the meeting), Helen Philbin, Larry Baytos and Matt Hudson. Liaison: Commissioner Halas was in attendance. County Manae:er's Staff Present: Amy Patterson, Impact Fee Manager, Community Development; Paula Fleishman, Impact Fee Analyst, Community Development; Len Price, Administrator, Administrative Services Division; Jean Merritt, Human Resources Director; Don Albonesi, Compensation Manager; Jeff Walker, Director Risk Management; Alice Toppe, Group Insurance Manager; Scott Teach, Employee/Labor Relations Manager; Kim Grant, Sr. Management Consultant, County Manager's Office; Leo Ochs, Deputy County Manager; Winona Stone, Assistant to the County Manager; Mike Sheffield, Assistant to the County Manager; Michael Smykowski, Director Office Management and Budget and Barbetta Hutchinson, Office of Management and Budget. Guests Present: Chief Greg Smith and Carol Golightly, Finance Director of the Sheriff's Office; Crystal Kinzel, Clerk's Finance Director; Brad Boaz and David Shapiro of the Barron Collier Company. I. Introduction: Opening Remarks - There being a quorum, Dex Groose, Vice Chair, called the meeting to order at 2 p.m. Brad Boaz and David Shapiro introduced themselves to the group. Dex acknowledged that they have the background and knowledge to be very useful to the group. He told them they might want to join other citizens in volunteering for the IT team of the subcommittee. Approval of Minutes from the meeting on June 15. Janet Vasey moved to accept the minutes, Jim Vanfleet seconded. The group approved unanimously. Approval of Employee Benefits Subcommittee minutes from May 3. Crystal Kinzel asked that her department be changed from Internal Audit to Finance Director in the Clerks Office in the staff list section. Jim Vanfleet motioned to accept the minutes with this change, the group approved unanimously. The acceptance ofthe minutes of the IT subcommittee meetings of July 15 and 20 was continued to the next meeting. II. Old Business: A. Impact Fee Studies Update - Amy Patterson passed out an updated schedule and reviewed the status of the school impact fee. Progress has been made as meetings have been held with Dr. Nicolas and the School Board Staff. The first set of data was received by the consultants, the consultants sent Page 1 of5 1612 C 3 out follow-up questions and Amy Taylor from the School Board has prepared the answers to those questions. The correctional facility study has been almost completed. EMS is still collecting data, but is progressmg. Amy told the group she will be attending the first meeting of the Impact Fee Review Task Force (appointed by the legislature) next week in Jacksonville. Two people from this area have been appointed to sit on the task force, but no one from Collier County government. Steve Harrison asked Amy to update the long term projection for the impact fee revenue and the associated path of expenditures. ---+Amy will have it ready for the next meeting. B. Onerational Efficiencv and Effectiveness Study Renort - Steve gave an overview of the study, then turned the floor to John Barlow who gave a presentation showing the progress that has been made by the IT team. A copy of this presentation was passed out to the group. The points discussed were the mission, the charge, recommendations and conclusion. Some recommendations were to establish an IT Policy and Procedures Board, develop an organized plan of IT recovery, consolidate core IT functions of Finance, Human Resources and Procurement, make public data readily available across department lines and develop easy to use "report writers" for information access, among others, Steve asked about the status of SAP. Crystal Kinzel said SAP will be supported until FY09, but a plan needs to be in place by January, 2006 because ofthe long implementation and learning processes. Len Price added that there are things we will fix in SAP. In the long term, we need to determine whether we should upgrade to a newer version of SAP or if we should purchase something totally different. John said he thinks it will probably come down to a monetary discussion - which option has the greatest benefit for the money. John and Len agreed that the county should continue to utilize "off-shore" programming in order to keep costs down. Steve asked Len if she was comfortable with the recommendations put forth in the presentation. She answered in the affirmative. Crystal said the Clerk supports the IT group, but he is concerned about state mandated issues and his capability to comply with those mandates. The Sheriffs office supports the IT position. Brad Boaz and David Shapiro were asked for their comments. Brad explained that his company had just been through the computer conversion process and he was aware ofthe many problems that could potentially occur. John Barlow invited Brad and David to join his IT team ofthe subcommittee. A motion was made by Jim Vanfleet, seconded by Stan Farnham and unanimously supported by the group to support the IT recommendations and have them presented to the Board of County Commissioners at the workshop scheduled for November 9. Steve had some comments about the integration ofHR, Finance and IT. The Finance team is looking at organization charts to analyze the workforce. The more manual attention you give to transaction handling, the more people you have at the lowest level. The more automated it is, the more senior staff people you have. When they look at what kind of people we have and what kind of ratio we have staff to management, they find that most of the people are performing core functions and there is a very small span of control between those who have "manager" or "supervisor" in their title. This is just a work in progress and he will keep the group updated. His impression is that there are piles of reports that have to be done for Tallahassee and other government entities, therefore there is a lot of time spent preparing these reports. Whatever can be done to simplify this reporting process would be worthwhile. Page 2 of5 1612 C 3 Steve asked Joe for his comments and what he felt the next step should be. A meeting was scheduled for Wednesday, September 14 at 9:00 a.m. for the IT, HR and Finance teams to review all of the subcommittee information and work on preparing a presentation for the workshop on November 9. Steve will organize, plan the meeting and invite those who should participate (perhaps John, Syd, Steve, Joe, Barry, Crystal and Jean). He feels a smaller size group would be best. Steve will have recommendations for the entire proj ect for presentation to the Productivity Committee on September 21. C. Appointment of Fire Impact Fee Study Subcommittee Chair - A replacement for the vacated Fire Impact Fee Study Subcommittee chair was discussed. The group agreed to appoint Larry Baytos. Janet Vasey and Matt Hudson are also members of this subcommittee. III. New Business A. Presentation ofthe roles/responsibilities and current projects of the Senior Manaeement and Operations Consultant - Leo Ochs and Kim Grant - Leo addressed the group as to how he envisions Kim's role with the county. Her job is to improve the quality ofthe products and services we offer to the community, to better control the costs of our operation and our capital expenses and to increase the productivity of our workforce. Kim gave a presentation regarding her job function and her reporting responsibilities, major accomplishments to date, current initiatives and a brief overview oflong term plans. She has two major goals - first, to look at how we do things today and find ways to improve performance and second, to participate in new initiatives. She has been involved in many areas within the government - determining the beach parking pass procedures; analyzing whether the maintaining of median landscaping should be outsourced or done by county employees; performing process mapping in the Building and Permitting Department so that recommendations can be made for tangible action items or ifthere should be more studies done to improve the process; reviewing capital project processes to find common ground throughout all departments; identify the functions that will be performed at the new government center office in order to perform these functions at the same quality level as is currently done; working on a management information system with CDES; and determining the proper method of gathering and managing information to support impact fees. Dex asked that Kim attend the meetings of the Productivity Committee and Leo agreed for Kim to attend meetings at least once a quarter. Stan Farnham said it was a pleasure to see Kim on board and to see their vision realized. Jim VanFleet asked if Kim had a breakdown of the capital projects by dollar amount by department. ~Kim will provide the members with the breakdown of the current and 5 year projected capital dollars by department. Kim will also make sure that the figures that were used to decide whether to outsource landscaping maintenance included benefit dollars and will inform the group of her findings. B. Presentation on New Human Resource Initiatives and Emplovee Relations Plan - Len Price. Jean Merritt and Jeff Walker - Len started her presentation by saying that one ofthe best ways of maximizing on productivity is to be sure that your human resources are the very best they can be. If you are going to ask for more from less, then you need the most qualified people you can get. The county is having difficulty getting and keeping good people. There are three initiatives that are proposed for implementation in FY06: first, increasing the FRS senior management slots by 14, which will have an incremental cost of$25,322 per year; second, increase the deferred compensation match for division administrators and directors for a total of$238,000 per year; and third, provide paid medical insurance based upon age and unused sick leave accrued over years of service which would cost $55,553 per year if all currently eligible employees were to retire. Page 3 of5 1612 C 3 Scott Teach gave a presentation on employee recognition. A survey was given to all employees, the results were compiled and a three-fold plan was developed. First, there will be an informal recognition program, which will involve recognition cards with all employees being able to recognize other employees. Secondly, there will be a quarterly program to recognize employees for their involvement in civic or special projects giving employees a monetary reward. Lastly, there will be a formal recognition program, which consumes our "Employee of the Month Program" with each division having a employee of the month, quarter and narrowing down to an "Employee of the Year" with monetary awards along with other non-monetary awards, including lunch with the County Manager. The HR department is going to ask for $25,000 to implement this program. The shortage of employee housing was discussed. An idea of allowing employees to apply for $5,000 grants out of an initial $250,000 fund and pay it back in ratio to how long they stay with the county was mentioned. A trust fund is also being investigated. Our salary surveys show that our pay rate is in line with other organizations, but the housing situation sometimes pushes potential employees out. Flex time, child care and a shuttle service are also being reviewed in order to improve employee morale, ~Scott will forward a list of the individuals on the HR Initiative committee to the members of the Productivity Committee. Jim Vanfleet stated that the "Employee of the Month" program sounds too much like working at McDonald's. He suggested a series program such as "order of the palm". Len said her department is contracting an outside vendor to develop a recognition program that is creative and fits the needs of our employees. As an aside, Jim also said that he feels a chapter of the American Society for Public Administrators (ASP A) should be established within the county. Syd brought up "years of service" recognition. Len said the county has a breakfast program to do just that. Syd also said that he has had positive results with the employee of the month program in the past. Jean reminded the group that the presentation was just a concept proposal. Janet said a specific dollar amount should be budgeted to fund these programs. Len agreed that large amounts of money do not need to be spent. A "come to work late" or a "leave early on Friday" card makes the employee feel special and it doesn't cost much. Janet said more emphasis needs to be put on the lower level employee because it's the small things that mean so much when it comes to building morale. Steve suggested that the constitutionals get together and come up with some ideas that they all could use. Greg Smith said that the ideas are good, but there might not be much uniformity between what the clerical employees and law enforcement officers want. Jean said housing initiatives are imperative to recruit and keep employees in the county, Jean discussed the vacation sellback program expanding from two to four times a year, This suggests that employees are in financial difficulty because they are willing to sell their vacation time at the reduced rate of 85%. Dex asked if an employee could sell all of their vacation and Winona said there is a limitation and the employee must keep and use 80 hours of vacation per year. Jim asked about the tuition reimbursement program. Len explained that the employee must stay with the county for a certain period of time and that the courses taken must be relevant to their current position. Jean added that most of the professional positions within the county require some type of higher education. Stan made the motion to endorse the general overall program in principal and the group voted unanimously for this recommendation, Janet said the Commissioners asked the Productivity Committee to specifically look at three initiatives and give comments. Dex said a decision must be made on those three items today: 1) Increase FRS management slots - the group agreed unanimously upon endorsement. 2) The group did not endorse the paid medical plan for retirees because they feel this could be a costly plan and the fact that it only addresses a small number of employees out of the total Page 4 of5 ··'_e···,·._·._'____·__ "--",,">~,.-._,.-.._,,"_......,- 16 12 C - ~ .- workforce, The group suggested that an actuarial study be done before they could endorse this program. 3) The Deferred Compensation Plan was endorsed by the group by a vote of 4 to 3. ~Janet will draft the letter of endorsement for Dex's signature. Syd addressed the issue of affordable housing and said that the builders must be accountable. He volunteered his time to get involved in this issue. Jim suggested a proposal be made to the County Commissioners that a 'i2 of 1 % transfer fee be levied upon all real estate transfers in the county. This would raise a very large sum of money on an annual basis with those funds being dedicated to address affordable housing. ~Dex said we will add this item to the agenda for next month. Volunteer of the Month: Steve Harrison will accept his award from the Board of County Commissioners on September 13 at 9 am. All committee members are invited to attend. Next Meetin2:: The next meeting of the Productivity Committee is scheduled for Wednesday, September, 21 at 2:00 p.m. This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Hannon Turner Building (Administration Building F). Page 5 of5 ~, ,---..-------.,"---" 1612 C 3,.. -j .~ ; , . Productivity Committee IT Team of the Efficiencv and Effectiveness Subcommittee Minutes - July 15, 2005 10 a.m. Members Present: John Barlow Staff Present: Dennis Vasey, County resident, Greg Smith, Chief of Administration, Sheriff s Office; Harvey Lewis, IT Director Sheriff s Office, Damian DeAndress, Sheriffs Office, Crystal Kinzel, Finance Director, Clerk of Court's Office; J.W. Cross, Robert Gazdowicz, Wayne Fyffe, Steve R. Morgan, Clerk of Court's Office, Barry Axelrod, IT Director, BCC, Kim Grant, BCC OMB, Mike Sheffield, Assistant to the County Manager, Dave Stedman, IT Director EMS. Gary Beauchamp, IT Supervisor of Elections (via speakerphone), Steve Harrison, Productivity Committee Introduction: John Barlow called the meeting to order and presented an overview presentation of the subcommittee. Included in the presentation (presentation attached) were the subcommittee's Mission and Charge, as well as some preliminary observations. The meeting agenda is also attached. New Business: Staff from each represented office presented their information requested in the agenda. The meeting was adjourned at 1:03 p.m. Information Technology July 15, 2005 Subcommittee Meeting 1 1612 C 3 4 AGENDA · Introductions · Objectives · IT Director's Reports · Continuous Improvement Initiatives MISSION · Provide citizens convenient access to county government functions at home, work and government facilities. · Increase productivity of staff using cost effective technologies. · Reduce cost of operations using new, cost effective technologies. 2 1612 C CHARGE · Identify current IT operations · Evaluate benefits of: - Standardization - Consolidation - Application of new technology · Make recommendations to Commissioners in November 2005 DELIVERABLES · Develop independent county-wide IT Strategic Plan - Strategic plan recommendations will be based on service and cost justifications · Recommend data definition and classification standards · Recommend purchasing process to lower costs by combining (economies of scale) purchases of equipment, software, training policies and services. 3 ·>·····,-_________......___k_?"."'.~..,_""_....."'__.~" ".".._·.._h........_,.___~.,._~,.,_.,,"~__ 1612 C Guiding Principal . "When you can measure what you are speaking about and express it in numbers, you know something about it; but when you cannot measure it, when you cannot express it in numbers, your knowledge is of the meager and unsatisfactory kind, " . - Lord Kelvin (British physicist) Initial Thoughts · "Core" Functions should be available and used county wide, - Finance - Human Resources - Procurement · Public Data should be readily available across department lines. - Protected data must be secure - Easy to use "report writers" must be made available 4 3 "~I·· , .~ 16 12 C 3 Initial Thoughts · Historical meeting, regulations, statutes, and other required information should be archived in a central repository. 5 1612 C 3 IT Director's Meeting Agenda 1. Productivity Committee Objectives John Barlow 2. IT Director's Report IT Director's a. Mission i. Long Term Plan status ii. Near Term Plan status b. Main Applications i. Proprietary c. Common Applications i. Site Licenses d. 2005-2006 IT Objectives e. Network Access- i. Internet 1. browser 2. e-mail f. Communications Providers i. Telephone 1. Lines 2. Cellular 3. Mobile, PDA, etc. ii. VOIP evaluation, certification, or status iii. Satellite communications iv. Government Owned Systems g. Emergency Back-up Operations i. Department critical applications in an emergency ii. Service Providers iii. Data storage 1. back-up frequency 2. stored location 3. staffing plan in case of emergency h. Areas of Cooperative Interests i. Contract negotiations 1. equipment 2. services 3. applications 4. other 6 1612 C Ã ~ 3. Ideas for Improvement All a. Service to Citizens i. Process to identify needs/wants of citizens b. Costs i. Applications ii. Service providers c. Process to share ideas i. Scheduled meetings ii. other 7 1612 C 3 Productivity Committee IT Team of the Efficiencv and Effectiveness Subcommittee Minutes - July 20, 2005 1 p.m. Members Present: John Barlow Staff Present: Damian DeAndress, Sheriffs Office, Crystal Kinzel, Finance Director, Clerk of Court's Office; Steve Harrison, Productivity Committee Introduction: John Barlow called the meeting to order and presented a summary (attached) of notes ftom Friday, July 15th,s meeting, New Business: John, Steve, Crystal and Damien went over the summary line by line making suggestions for improvement.. The meeting was adjourned at 2:30 p.m. September 30, 2005 IT Subcommittee Meeting Notes- DRAFT DOCUMENT The Operational Efficiency and Effectiveness Subcommittee Information Technology Team has conducted numerous formal and informal meetings with county and constitutional officer IT staff and interested county residents since we were established. From those meetings it is apparent that the interdependence of data collection, information technology and data accessibility is significant now and will continue to grow; thus creating a higher demand for broader and faster seamless, accurate, secure and safe data access availability to meet dynamic and static data queries using the full range of Microsoft tools for commercial, public and staff usage. Mission: · Provide citizens' convenient access to county government functions at home, work and government facilities. · Increase productivity of staff using cost effective technologies. · Reduce cost of operations using new, cost effective technologies. 1 16 12 C ) Charge: · Identify current IT operations · Evaluate benefits of: - Standardization - Consolidation - Application of new technology · Make recommendations to Commissioners in November 2005 IT Recommendations: · Establish a County Chief Information Officer and appoint a commission or committee to provide IT focus. FY 2006 Budget should fund a n IT consolidation study. · Develop independent county-wide IT Strategic Plan o Strategic plan recommendations will be based on service and cost justifications · Make "Core" Functions available and work to ensure they are used county wide, if allowed by State Statue.. o Finance o Human Resources o Procurement · Make Public Data readily available across department lines. o Protected data must be secure o Easy to use "report writers" must be made available · Direct the immediate creation of IT Disaster Recovery plans consistent with known Homeland Security Threat Assessment levels using the Homeland Security Advisory System. Constitutional Officers and the Board of County Commissioners should pool county assets and identify reconstitution of day-to-day, hour-by-hour functions when faced with natural or man made disasters. Rank ordering of systems availability should be by government activity, by application, using a priority system to ensure public health and safety systems are available first. 2 1612 C 3 · Establish a data standard (data element) and classification (public or restricted) system. Movement of data should be seamless or transparent to the user and governed by access privileges. · Accelerate electronic data input, into public or restricted data files for seamless and transparent access using the full range of Microsoft tools to meet unassisted commercial, public and staff demand. · Recommend purchasing process to lower costs by combining (economies of scale) purchases of equipment, software, training policies and services. Use bid and reverse auction processes to lower costs using agreed upon service levels for quality and delivery. · Evaluate progress, to date, by the Collier County School System toward installing fiber to selected locations--fiber carries a significant amount of bandwidth which stands to promotes broader data access--and establish a plan to formally support fiber installation to all cost justified remote locations in the county. · Establish VOIP plan for implementation for all telephone users with long distance usage high enough to be cost justified to established pay back criteria. · Create a central repository for archiving historical meeting minutes, regulations, statutes, and other required information. John Barlow Productivity Committee 3 '" 1612 C 3 Minutes of Benefits Sub-Committee held June 2, 2005 In attendance were Productivity Committee members Dexter Groose, Syd Blum and Helen Philbin; Crystal Kinzel, Finance Director for the Clerk of the Circuit Court; Len Golden Price, Administrator Administrative Services Division; Jeff Walker, Director Risk Management; Alice Toppe Risk Management, Carol Golightly, Finance Director Collier County Sheriffs Office; Jean Merritt, Amy Klyberg and Don Albanese from Human Resources. The minutes of May 3rd were accepted as presented. Jeff Walker discussed the work of the health benefits consortium, which comprised representatives of the Board of Commissioners, Sheriffs Office, Naples Community Hospital, the School Board, Collier Health Partners and Willis consultants. Other employers are always welcome to join in. The consortium is working to reduce the cost of health care through initiatives designed to lower prescription costs and reduce outpatient expenses. These two items are the largest drivers of costs. In-patient costs are lower. It is estimated that 35% of the costs wasted on "defensive tests"; i.e. those routinely ordered to protect against the possibility of future claims. The Community Health Partners is preparing a study profiling two years of doctor services in an effort to rate physicians on the quality of their care. Drugs prescribed, numbers and kinds of tests ordered, etc will be studied. The goal is to reward quality doctors with additional "perks", and provide training programs for those who do not meet the standards. Doctors who do not participate could be dropped from the preferred provider list. The consortium is also joining the larger group functioning in the State of Florida to take advantage of larger discounts. At the May meeting Dex has asked the BCe and CCSO if a study of one hypothetical family and the medical costs incurred in treating them for the same chronic disorders as well as periodic visits to a doctor over the year. The purpose was to determine the differences in costs between the plans. J eff Walker and Len Price said the study would cost approximately $5600 and would not predict the differences as accurately as studying actual claims from both agencies. The number of deputies injured as a result of their high-risk positions would not be reflected in such a study and therefore would not give an accurate comparison. Dex withdrew his request for the plan study. Pension benefits under the Florida Retirement System were discussed. The plan is non- contributory for the employee. You must be employed six years to be vested and the rate is 1.6 times the number of years employed. You may retire after reaching 55years of age and have 30 years of credit. At age 62 you may retire with a minimum of 6 years employment. Because of the high risk related to a deputy's job one may retire at 25 years or 55 years of age. (!:¿ 1612 C 3 Jean Merritt will supply the committee with up-to-date infonnation effective June 30th at the July meeting. A 457 deferred income plan is available to the employees .with County matches based on position and amount deposited by the employee. Dex said he would try to obtain Pension infonnation ITom the source that gave him infonnation on medical plans in local privately owned businesses. The next meeting was scheduled for July 7th at 9 a.m. Helen C Philbin Accepted on September 12,2005 ...... 8."""""" AU.7..... Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS Seotember 14. 2006 1612 C 4 RECE\VED SEP 2 9 2005 '30ard of County Commissioners IV. Approval of Minutes - Maurice Gutierrez moved to approve the minutes of August 10,2001. Second by Tom Finn. Carried unanimously 3..0. Much discussion on the development in the area. Have had problems with irrigation but will be coordinated with the Developer. Mr. Neal will approach Windstar for a letter approving the MSTU tapping ij their effluent water line. Fiala Halas Henning Coyle Coletta Mise, Corres: Date: j / / j los , I· Item#:~;L ;Jc.+ COpiE'ô> L 1612 G ,. ~-: .' Bay".. lJMIJllluJllOII At...7.1e.. Advisory Committee 2886 Horseshoe Drive South Naples FL 34104 October 12, 2006 AOEN~A I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: September 14, 2005 V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery VII. OLD BUSINESS: A. Future Projects 1, CAT Shelters Update - Darryl Richard 2. Letter from Windstar (Effluent water) - Bill Neal 3. Report on Effluent Water pipes - Darryl Richard B. Banner Anns - Mitch Riley C. Crosswalk Update - Danyl Richard VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ~OURNMENT The next meeting is Wednesday, November 9, 2005, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 16 12 C 4 B4tV"0I. ØMtttlpUJIIOlt At.s.r.u. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 September 14, 2005 MINures I. The meeting was called to order by Chairman Bill Neal at 4:00 PM. II. Attendance: Members: Maurice Gutierrez, Bill Neal, Tom Finn, Victor Brittan (Excused), Raymond Perrine (Absent) County: Danyl Richaf'd..Project Manager, Tessie Sillery-MSTU Coordinator Others: Aaron Gross-Ground Zero III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: August 10,2005 Maurice Gutierrez moved to approve the minutes of August 10, 2005. Second by Tom Finn. Carried unanimously 3..(). V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross The dead sod was addressed. Danyl will check with Mr, McCabe regarding the damaged sod due to the clock being shut off, It amounted to 3-5 pallets. The irrigation needs to be coordinated with the Developer. A lengthy discussion pursued concerning the irrigation system, Quotes will be provided for Motorola from Roger Dick so they can tie into the main computer system for irrigation. VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery · Budget was distributed (Attached). The various line items were submitted and discussed. · The funds from the traffic accidents will be transfefTed. · The monthly invoices were covered, VII. OLD BUSINESS: A. Update on Mr. Ingram's Property - Darryl Richard Code Enforcement negotiated with Mr. Ingram to have the MSTU Landscape Contractor trim the shrubs in that area to a height of 30 inches. B. Future Projects 1. CAT Shelters Update - Darryl Richard Waiting for information from Mike McGee. 1 1612 2. Effluent Water Update - Bill Neal Mr. Neal will get a letter from Windstar stating they will allow the MSTU to tap into their effluent water line. Darryl will have someone check the pipes in that area. Tom Finn wants verification on the color of the pipes so they know exactly what they have in their area. C. Options on Banner Arms - Mitch Riley The Committee questioned FDOT standards being used within the MSTU, After much discussion Mr. Neal asked to have Mitch Riley at their next meeting, Aaron Gross will put up the fall banners. D. Crosswalk Update - Trinity Caudill-Scott This is a Pathways issue and has been transferred to Trinity Caudill- Scott, Darryl will ask for a progress report. VII. NEW BUSINESS: None VIII. PUBLIC COMMENTS: None Being no further business to come before the Committee, Tom Finn moved to adjourn. The meeting adjourned at 5:30 PM. The next meeting is Wednesday, October 12, 2005, 4:00 PM. 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Roll Call Approval of Agenda Approval of September 12, 2005 Minutes Welcome to new Committee Member, Brent Moore Old Business: A. Real Estate Services Update on Status of A-list Properties B. Contracts/Agreements a. Lockwood (tentative) b. Collier Development Corporation (tentative) C. Fleischmann / Caribbean Gardens Property update New Business: A. Melillo - Evaluation Determination B. ICSR Presentations a. Anderson b. Brochu 1612 C 5 RECEIVED SEP 2 9 2005 Hoard of County Commissioners J / V; r: ~ 'L~ Fiala Halas Henning= Coyle Coletta c. Wojtys, Randall; Wojtys, Richard; Snow C. letter of appreciation from CClAAC to Kathy Prosser Brovard (Chair drafting) D. Outstanding Advisory Committee Member Program E. Coordinator General Report F. Subcommittee membership VI. Subcommittee meeting reports A. Outreach - Ellin Goetz, Chair B. lands Evaluation and Management - Marco Espinar, Chair C. Ordinance Policy and Procedures - Will Kriz, Chair D. 2006 Referendum - Mimi Wolok, Chair Subcommittee membership Committee Member Comments VII. VIII. IX. IX. X. VI. Public General Comments Staff Comments Adjournment Mise, Corrés: Date:-'J.L; ~ Item #: It, I I;; c. .s .. ft., ****************************************************************************************************** Committee Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p,m. on October 7. 2005 if YOU cannot attend this meetin;, 1612 C 5 September 12, 2005 TRANSCRIPT OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, September 12, 2005 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Bill Poteet Michael Delate Marco Espinar Ellin Goetz - Excused Wayne Jenkins Will Kriz Tony Pires Mimi Wolok ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Cindy Erb, Senior Property Acquisition Specialist Michael Pettit, Chief Assistant County Attorney 1612 C 5 :I September 12, 2005 I. Roll Call The meeting was called to order by Chairman Bill Poteet at 9:00 AM, Roll call was taken and a quorum established, II. Approval of Agenda Chairman Bill Poteet approved the agenda. Ms. Sulecki noted that "Medina- Winchester Head" under "IV, Old Business, B, Contract! Agreements" will not be covered today, III. Approval of August 8, 2005 Minutes Mr. Pires move to approve the minutes of August 8, 2005. Second by Mr. Delate. Wayne Jenkins arrived at 9:02 AM, Changes include page six "Counties" should read "County's", along with page nine it should have read "County Manager" not "County Commissioner", Carries unanimously 6-0. IV. Old Business: A. Real Estate Services Update on Status of A-list Properties Update by Ms. Erb: · Red Maple Swamp Preserve- Closed on a 2,75 acre parcel on August 19th, Total acquisition of 15 parcels, 30.28 acres, No new applications have been received, · North Fleischmann Parcel- Waiting on determination of what portion of the property is available for conservation, Ms. Sulecki added that the land is being cleared for road access, and one of the ponds. In conjunction with the Storm Water Department an upland wetland survey is being done; the cost will be split. Marco Espinar arrived at 9:03 AM, · Talon Land Group Parcel- Determination of possible land for Conservation Collier is still underway, . Watkins Jones Parcel- Closed August 19th, · Collier Development Corp, Parcel- An offer was made and accepted for two parcels, bringing the total to 47,93 acres, 2 16 12 C 5 September 12, 2005 · School Board Unit 24 Parcel- The agreement will be presented to the Board of County Commissioners on September 13th; pending approval closing is scheduled for September 23rd, · MacIntosh Parcel- The agreement will be presented to the Board of County Commissioners on September 13th; pending approval closing is scheduled for October 28th. · Winchester Head- Offers have been made on two parcels with verbal acceptance, Total acquisition of6 parcels, 7,74 acres, No new applications have been received, v. New Business: A. Fleischmann/Caribbean Gardens Property update Update by Chuck Carrington: · A fourth appraisal has been completed; minor adjustments are being made after Mr. Carrington's review, · Mr, Mudd will be presenting the numbers tomorrow in order to make another offer to the Fleischmanns. B. Sunbelle Groves - Evaluation Determination Ms. Sulecki gave a Power Point Presentation including the following points: · Four out of Six criteria were met for this property, It may not fulfill the purposes of Conservation Collier due to the substantial protection from conversion to another use, A vote of at least five members will be needed to continue the evaluation, · The parcel has been fallow land since 2001-2002, · It is naturally flooded; therefore had to be pumped to farm, · Some of the surrounding lands are owned by the Collier Family, · It is a Priority One Panther Habitat. · (Photographs shown) · Owner has control over access, recreational use, and leasing for purposes subject to Federal and State regulations, · An owner wanted the conveyance of a message that an advantage to the purchase of the property would be the acquisition of the hunting, fishing and recreational rights, A party is interested in leasing the site for duck hunting and airboats, · Interest has been expressed on the willingness to sell for approximately $228,000 as long as the remainder of the amount could be claimed as a donation for Federal Tax purposes. 3 1612 September 12, 2005 Mr. Kriz moved for no further evaluation on the parcel. Second by Mr. Jenkins. Discussion occurred on the land quality. It is the understanding of Ms. Sulecki that the land cannot be farmed, Ms. Wolok feels that it is a waste of the tax payer's money to spend funds on protected lands, Motion carried 6-1 with Mr. Pires opposed. C. ICSR Presentation 1. Camp Keais Strand Properties Power Point Presentation review of Initial Criteria Screening Report for Camp Keais Strand Sections 31-32 by Ms. Sulecki including the following points: · There are 19 parcels totaling 194.77 acres that have been submitted out of 814 acres. · The land is located about 3 miles north of the Florida Panther National Wildlife Refuge. · The State of Florida has interest in partnering, but would insist on holding the title, · Easement access on Iy, · All properties would cost about $338,000 with each acre being around $] ,500 to $2,000, · Contact of land owner representatives has been made to inquire about potential for partnership involving private purchase of stewardship credits, Questions were addressed. Mr. Espinar suggested use of land for primitive hunting recreation, 2. Narsiff-l Power Point Presentation review of Initial Criteria Screening Report for Narsiff-l by Ms. Sulecki. 3. Narsiff-2 Power Point Presentation review of Initial Criteria Screening Report for Narsiff-2 by Ms. Sulecki. 4 f' , 5 ~ 1612 C 5 September 12, 2005 Questions were addressed. Mr. Kriz expressed little interest in either Narsiff property, D. LDC amendments (2Dd cycle) update Ms. Sulecki provided a copy of the update to the Committee members and addressed questions, She will look into the definition of "Conservation Collier Lands". Mr. Pires would like "8,I.E,", and "G.l,F" looked into regarding the language, along with the definition of "passive recreation". E. 2006 Referendum language Mr. Poteet reported that the language previously approved by this Committee was reviewed for a legal opinion, Ms. Wolok is happy with the language, but would like to address the issue of adding bonding language. Mr. Pettit noted that the outside council found the language fine for purpose of determining voter sentiment. Brad Cornell felt that adding the bonding language would cause confusion, He also recommended removing the words "be authorized to" from the current language as this would be confusing since Commissioners do not legally require voter authorization for levying in each budget year and may decide differently at a future date, Mr. Pettit suggested the language be changed to "Shall Collier County continue to acquire", Mr. Pires moved to eliminate the language "be authorized to". Second by Mr. Espinar. Mr. Pettit felt that the bonding issue would be indicated in the Executive Summary. Mr. Poteet stated for the record that he was against the bonding issue being on the ballot, due to possible voter confusion, Motion carried 7-0. F. Draft letter of appreciation for Kathy Prosser 5 ,~; ~ fL 2 -~C .l ¡~~~ ~ . ~ 1: ~'"t :~\f .; September 12, 2005 Mr. Poteet will draft a letter specifically to Ms, Prosser. All of the Committee was in favor of having the current letter drafted by Ellin Goetz sent out. G. Outstanding Advisory Committee Member Program None H. Coordinator General Report Update by Ms. Sulecki: · No permits have been reported for Winchester Head according to DEP, · An updated willing seller list was provided, · The MacIntosh contract, the Executive Summary to transmit recommendation to stop purchases in Winchester Head for ninety days, and the recommendation for Brent Moore to be the new Committee Member for Conservation Collier will be on the Board of County Commissioners consent agenda tomorrow, · The School Board Unit 24 Parcel contract will be on the Board of County Commissioners regular agenda tomorrow. · Ms, Sulecki will be in attendance at the Board meeting to address questions. · A draft brochure has been created to outline Conservation Collier accomplishments, VI. Subcommittee Meeting Reports A. Outreach - Bill Poteet, Chair Ellin Goetz is now the Chair of Outreach, B. Lands Evaluation and Management - Marco Espinar, Chair There will be a meeting at the conclusion of this one, C. Ordinance Policy and Procedures - Will Kriz, Chair Next meeting date is to be scheduled, D. 2006 Referendum - Mimi Wolok, Chair 6 ~ .,:. ",' 1612 C 5 September 12, 2005 Issues have been addressed. Appreciation was expressed toward subcommittee members, VII. Committee Member Comments Mr. Espinar thanked Mr, Cornell for his comments, VIII. Public General Comments None IX. Staff Comments None There being no further business for the good of the County of Collier the meeting was adjourned at lO:44AM. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Chairman Bill Poteet 7 1612 C6 COLLIER COUNTY LIBRARY ADVISORY BOARD Wednesday, September 28,2005 Headquarters Library AGENDA Call to order Approval of Minutes Literacy Program Report RECEIVED SEP 2 9 2005 Report of Officers Board of County Commissioners. 1. Employee of the Month - September Fiala j --:: " Halas i/ / Henning V Coyle /' Coletta --'::::::1....-__ Communications a - written b - Personal Unfinished Business 2. Golden Gate Library Construction 3. South Regional Library 4. Automation New Business General Considerations Director's Report Report of the Friends Adjournment Mise, Corres: oate/llll05 Item #:l/tJ.I ç;)C.b Copies to: .---.-,.....,,- 1612 C 6 Naples, Florida, August 24,2005 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p,m, in the Main Library with the following members present: CHAIR: Doris J, Lewis Loretta Murray Andrew Reiss Karen Louwsma ABSENT: Sabina Musci ALSO PRESENT: Marilyn Matthes, Library Director Nick Linn, Board Member, FOL Roberta Reiss, Literacy Coordinator Mr. Bob Murray, Vice-President, East Naples Civic Assoc, Luz Pietri, Administrative Assistant AFPROV AL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of June 22, 2005, There were a couple of spelling errors reported. Mrs, Louwsma moved, seconded by Mr. Reiss and carried unanimously, that the minutes be approved as corrected. Mrs. Reiss, Literacy Coordinator, stated that she has been hired by the State Library as a consultant under an LST A grant to create a short-story discussion model for English learners based on Florida authors or themes. It will be similar to the People & Stories model. She will be choosing 3 stories, creating discussion leader manuals and conducting a field test here at the Library. REPORT OF OFFICERS - None COMMUNICATIONS - None UNFINISHED BUSINESS The Board reviewed the nominations for selection of the Library's Employee of the Month. Mrs. Murray moved, seconded by Mrs, Louwsma and carried unanimously, to select Harriet Hussian, Library Assistant at the Headquarters Library, as Employee of the Month for August 2005. In reference to the Golden Gate Branch construction project, Mrs. Matthes stated that the BCC has accepted the grant from the State, Mrs, Matthes said that she would be meeting with the architect soon and also plans to invite a member of the Golden Gate and East Naples communities respectively, to attend the construction meetings, 1612 C 6 In reference to the South Regional Library project, Mrs, Matthes stated that the architectural work had been assigned to Schenkel Shultz Architecture. The Board members discussed whether to close or keep open the East Naples Branch Library once the South Regional Library is open. It was the unanimous decision of the Board to keep it open for at least one year. In reference to the new automation system, Mrs, Matthes stated that the contract has been assigned to Innovative Interfaces, Incorporated, The system is scheduled to go live in May 2006, The Library staff is considering some changes to the policies that will work with the new system. NEW BUSINESS - None DIRECTOR'S REPORT Mrs. Matthes reported that a patron had requested that the Library's Advisory Board meet during evening hours, The Board unanimously agreed that it was not feasible at this time, Mrs, Matthes also reported that the Naples Branch Library would be closing over the Labor Day weekend for renovations. She also stated that 3 Reference Librarians have resigned. Mrs. Murray asked Mrs. Matthes about the status on the coffee shop, Mrs, Matthes stated that no bids have been received, REPORT OF THE FRIENDS Mr. Linn stated that the Friends have just completed booking for the Winter Lecture Series. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Louwsma moved, seconded by Mrs. Murray and carried unanimously, that the meeting be adjourned. Tine: 3:20 p.m, 16r2 C 7 RECEIVED SEP 3 0 2005 ~,. PELICAN BAY SERVICES DIVISION BOARD MEETING September 7,2005 Naples, Florida Board of Counly CommiSSioners LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, September 7, 2005 at 3:00 P.M, at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: ALSO PRESENT: Forty-eight (48) Pelican Bay residents; Mr, Gary McAlpin, Senior Project Manager, Tourism; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Ms, Jean Smith, Operations Analyst, Pelican Bay Services Division and Mrs, Barbara Smith, Recording secretarYj AGENDA Fiala /' 1. Roll Call Halas ~ 2. Approval of Minutes of the August 3, 2005 Board meeting Henning V ,/ 3. Audience comments Coyle 4. Chairman's Report Coletta ~ Relationship with Property Owners Mike Coyne - President, Coleman Connell - Board Member Post Article Severn Trent interest in continuing, Contract not cancelled or extended Ordinance Update - Bring pre-work Motion if ready Board of County Commissioners PBSD Budget Approval- September 8th' 5:05 P,M. - BCC Board Room Meeting with Naples City Manager on August 8th - My report included Sub-committee Reports Clam Bay Sub-committee Clam Bay Annual Monitoring and Improvement Schedule Clam Pass Inlet Management Policy Beach Renourishment Budget Sub-committee Understanding Your Tax Bill Chris Sutphin Tax Bill Analysis Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements System III & IV Retention Area Improvements - Test Area Community Issues U.S, 41 Street Lighting Sidewalk Overlays Pelican Bay Boulevard Resurfacing Hurricane Charley Storm Damage Committee Requests Adjourn Mr. James Carroll, Chairman Mr. Christopher Sutphin, Vice Chairman Mr. M. James Burke, Vice Chairman Mr. John Boland Mr, John Domenie Mr. John laizzo Mr. Matthew Mathias Mr. David Nordhoff (Absent) Mr. David Roellig Mr, Donald Spanier Mr. Edward Staros 5, 6, 7, 8. Mise, Corrés: Date: J I / I I tJ5 I . Item#:I~I J.,C 7 6156 Copies to: Pelican Bay Services Division Board September 7,2005 1612'-C .. .. ~ ROLL CALL Mr. Carroll asked that the record reflect that all members are present with the exception of Mr, David Nordhoff with an excused absence, APPROVAL OF THE MINUTES OF THE AUGUST 3. 2005 REGULAR MEETING Mr. Sutphin moved, seconded by Mr. Domenle and approved unanimously the Minutes of the August 3, 2005 regular meeting. ~~---~- AUDIENCE COMMENTS Mr. Jim Bush - S1. Pierre - "I was a former member of the Foundation Board and I am currently a member of the Foundation's Facilities Committee, which is the most important Committee in the Foundation", I would like to note that the Ordinance reads that the MSTBU was created for the purpose of providing street lighting, water management, extraordinary law enforcement services, beautification, maintenance of conservation and preserve areas and the restoration of the Mangrove Forest preserve, It also says that the purpose is also to convey the wishes of the Pelican Bay residents to the County, My question is how do you determine the wishes of the Pelican Bay residents? The Foundation, when it was trying to determine the wishes of the residents on such issues as Cap d'Antibes and the annexation process, used several meetings to determine their wishes, They went to the President's Council, Town Hall Meetings and also used the media, Pelican Bay Post, the website and Channel 96, How do you determine the feelings of the Pelican Bay residents? Mr. Bush continued, "How do you determine the residents wishes on issues such as Sheriff services and annexation"? It would be better to use the money spent on a sixteen page Pelican Bay Advisor, to determine what your residents think instead of providing your personal opinions. I don't want to be contentious, I feel very strongly that the multiple layers of leadership in Pelican Bay would be best if they could work together. I am sure you all agree, but you want us to work where you are working, I would be happy to hear your answers to these questions, particularly what you do to determine the feelings of the Pelican Bay community, 6157 Pelican Bay Services Division Board September 7,2005 16 12 Mr, Carroll replied, "I will let some of the Board help me answer that question", We have an eleven person Board and I expect that this Board knows enough people and sense enough about the interest of the people to have a feeling for what is wanted in the community, Mr. Domenie stated, "I think the most important is through attendance at these meetings". The attendance at today's meeting is more than we have had all together this year. Unless you come to these meetings and tell us what is on your mind, or talk to us when you see us on the tennis courts or at a restaurant, that is the way you communicate with us to give us your thoughts, If we are here with only three people, I must guess that what we are doing is correct. Mr. Staros stated, "Under Mr, Carroll's leadership, he has opened and closed each meting with public comments". Mr. Spanier stated, "I think that just as I recognize that the exercise of the franchise of the people who live in Pelican Bay, under the guidance of the Foundation's nominating committee, results in a Board of the Foundation that is thought to be representative of the community", It operates in a reasonably representative manner rather than conducting surveys, polls, determining public opinion on an issue-by-issue basis, There is a similarity in this Board. I know that there are strongly held opinions by members of your Board and others who speak frequently in the publications and on the public television channel of the Board that refuse to recognize that this Pelican Bay Services Division Board, where the members are affirmed and formally appointed by the Board of County Commissioners are designated through a very carefully crafted nomination and election process. For better or for worse, every member of this Board was designated by people who live and pay taxes in this community as a preferred member of this body, which we believe was created by the Board of County Commissioners and the State of Florida, to give para-municipal governments, within a representative structure to the people who live in this community, Therefore, when we act in public, as we always do, we do not act on the basis of whether there are three members in the audience or fifty-three. We act on the basis that each and everyone of us is an activist in our community, who has won the endorsement in a democratic electoral process of those who live here, That is what is placed before the Board of County Commissioners for confirmation, not unlike the designation and confirmation processes 6158 r u 7 Pelican Bay Services Division Board September 7, 2005 16 12 that take place at the Federal level in the United States government. I, for one, resent the implication that I hear in your statement, that we somehow make up what we believe is good for the community and then do it. We don't. We see some indications of that occasionally, within what we observe in the Foundation structure, but that is neither our policy nor practice, I do not want to get into a dialogue with you, I spoke from this dais, after recognition from the Chairman, as an authorized member of this Board responding to a question from the audience, Mr. Bush stated, "I was elected to the Foundation Board". The year that I was elected to the Board there was an election and there was what I felt was a large percentage of residents that elected me, Mr, Spanier, were you elected? Mr. Spanier responded, "Certainly", Mr. Bush stated, "I understood that you took somebody's place", Mr, Spanier replied, "I was elected to this Board", Mr. Bush asked, "By whom"? Mr, Spanier replied, "If you want to make an investigation, make the attempt in the appropriate venue". Mr. laizzo stated, "It was good to hear Mr. Bush speak and what he had to say", This Board does run on it's own steam and does not relate to the community-at-Iarge on their recommendations and their feeling, Mrs, Karkoski is in this audience and she came to this Board with a petition to discontinue the beautification along the tram berm, You know what, the Board just ignored it and did not even care. They just whitewashed the whole issue and continued on with the beautification, That is just one of many incidents where I feel the Board did not listen to the community, Mr. Carroll asked, 'We listened to Mrs, Karkoski and responded to her, what are you talking about"? Mr. Burke stated, "She came to a Board Meeting and thanked us for responding", Mr, laizzo asked, "Did they continue with the berm improvement"? Mrs, Karkoski responded, "What they did is put in a test strip between the Montenaro and the Claridge". 6159 f" u 7 Pelican Bay Services Division Board September 7, 2005 1612 C~ ~, _,1 (' Mr. laizzo stated, "Okay, I take that back, there were some modifications to the original plan". Mrs, Karkoski, how many times did we put you through the loop on that? Mr, Carroll replied, "I thought we used a process that was very productive", Mr. Sutphin stated, "Amplifying on what Mr. laizzo said", The problem with people bringing petitions and we do listen, is that we got input from the Foundation, which technically represents the will of the people, and you elected that Board, that they were in favor of that program", Mr, laizzo stated, "One of the biggest problems that we are experiencing is that we don't get enough turn out in these meetings", Dr, Ted Raia stated, "I would like to respectfully request a change in the agenda and continue with the audience response after the first item has been discussed", Mr. Carroll stated, "Is there anyone else that would like to speak, I don't know as I want to change the agenda just because of Dr. Raia's suggestion", Mrs. Rosalee Johnson-Fogg - Greentree Drive - "I had called Mrs. Smith last week with comments regarding the path around Oakmont Lake". She was going to pass that information along to you, Did that happen? Mr. Carroll stated, "I did not get that information", Mrs. Smith stated, "The information was given to Mr. Lukasz", Mrs, Fogg stated, "I was here a few years ago when the beautification of Oakmont Park was an issue and had spoken out against spending a lot of money to improve that walkway", However, most of the people in that meeting that did not want the beautification done, did say that the railroad ties definitely needed to be replaced, I noticed the other day, while walking, that they showed up with six railroad ties and nailed those down on top of rotten ties. Is that the plan or what are doing with those railroad ties? Is it in the budget? If so, are we going to wait until the bottom ones rot and then take the top ones off and put the bottom ones somewhere else? It is a big project, but most of those railroad ties need to be replaced now. The other maintenance items I had are that the path lights were put in a couple of years ago and changed out from dark lights to lights with new stone bases, That is fine, but they have never been cleaned. There is 6160 Pelican Bay Services Division Board September 7,2005 1612 C 7 mold and mildew around all of those lights and at some point they need to be cleaned, Additionally, a lot of the bases are cracked and need replaced. The culvert at the north of the lake is a mess and I don't know if it can be painted or what can be done there, Grass cuttings are being dumped into the lake, I don't remember seeing that until the last year or so, but it is in heaps on the edge of the water around the lake, I can't imagine what chemicals we use on the grass in that area, but it can't be good for the lake or the water, We now have grass growing in the sand inside the lake, It is starting to spread and how far it will go I have no idea, but it certainly does not look very and good and I can't imagine that ecologically it is good for the water, I will leave you with these points, but I wonder if you can respond to the budget and the replacement of the railroad ties? Mr. Carroll asked, "Mr. Lukasz, can you respond to any of the questions"? Mr. Lukasz stated, "As far as the replacement of the railroad ties, we tried to replace the ones that were completely rotted", There is a resident at the south end of the lake who had asked for additional railroad ties and, in fact, he actually provided the ties for replacement and these were placed across the top of some of the older ones, I believe we have it in the Capital Plan to do the Oakmont Lake Bank Retaining Wall in Fiscal Year 2007, The sidewalk lights are on our schedule for cleaning, The grass along the lake is a bottom weed and is not grass clippings, Mr. Carroll asked, 'What do we do with the grass clippings"? Mr, Lukasz replied, "They are cut in place, but when you are cutting at the edge of the lake, some of the clippings do go into the lake", This happens on our side, as well as on the resident's side of the lake. We will be painting the retaining wall around the culvert. Mrs, Fogg stated, "I think the fellows do a great job in cutting the grass, but there is no trying not to get the clippings in the water", I know that there are chemicals on the grass and maybe you have switched over to something that is less toxic, but the grass clippings, on the day that they mow, are definitely being dumped along the side of the lake as they are mowing, Mr. Lukasz stated, "We use mulching mowers that drops the grass straight down and do not shoot the clippings out", 6161 Pelican Bay Services Division Board September 7, 2005 16'2 C 7 Mrs. Fogg stated, "I thought the work was in the budget four years ago, but if it is not in the budget, there are no railroad ties out there that look good". I am even amazed to hear that a resident is paying for the ties that you have replaced along there, You have told us you are in charge of the maintenance and beautification of the area and you said a couple of years ago that it had been delayed because you were doing a study on it to see how else you could improve the area. It is very disappointing, I will also mention that in June we had twenty inches of rain and part of those railroad ties have washed away and there is sand all over the sidewalk. I have seen several older people slip in that sand, I called and asked if the sand could be cleaned up because I felt it was dangerous, If it is another year and we go into the City of Naples, I am very concerned that is the kind of project that gets dropped in the crack, I am very disappointed if it is going to be another year. If we get a big rain or hurricane, those ties are going to go and you are just going to have to rebuild the berm because they are holding back a lot of sand, Mr. Carroll asked, "Mr. Sutphin, can you comment on our budget", Mr. Sutphin replied, "I think the numbers are there if we want to do it", Something else might have to be moved, Mr. Lukasz will have to come to the Board with a recommendation that this be done sooner rather than later, If there is a safety implication, I would think we would want to accelerate this work as quickly as possible, Mr, Carroll asked, "Mr, Lukasz, can you look into that"? Mr, Lukasz replied, "Yes". Mrs. Fogg stated, "You also have kids walking on the top of those ties", There are holes as you go along there and it is not a fix, Mr, Carroll stated, 'We will look at that and if you would like to come to our next meeting we will give you a report", Mrs. Fogg stated, "I do think that everyone that came to the meeting several years ago felt that the railroad ties needed to be replaced at that time". I think everybody has been waiting and there has been nothing happening and I would not want to see it dropped, Mr, Carroll stated, "It was not dropped, but it was put back a year", At that time it was put back two years and now we will look at moving it up, 6162 Pelican Bay Services Division Board September 7,2005 1612 C 7 Mr. Domenie stated, "I thought that one of the problems was that this is Foundation property and there was some questions with us making improvements on Foundation property", Mr. Lukasz, I think we have to make sure we get the okay from the Foundation before we do any work there, before we run into any problems, Mr. Baron Herman - The Pointe - "Obviously this is an important meeting for a lot of the homeowners", I think everybody on this Board, hopefully, works for the betterment of the community, There is dissention in the community about certain things and I am not minimizing what anybody does. I think your business meeting will be a normal meeting and last however long it lasts, but there are a lot of people that came here to support and accomplish certain things, I am here for a simple request and that is to second Dr, Raia's motion to bring comments from the audience as he suggested, We are Pelican Bay residents and 1 think making that adjustment is a small thing for this Board to do, Mr. Carroll asked, 'What is the adjustment you want"? Dr. Raia stated, "I asked to change the Agenda whereby the Audience Participation follows the first item on the Agenda", Mr. Boland stated, "I make a motion to the Board that we move the Audience Participation portion of the Agenda", Mr, Carroll stated, 'We don't need a motion", Mr, Burke stated, "There may be other people in attendance that have not been mustered to talk about that item", Mr. Carroll stated, "I am willing to move that up, but if there is anybody who is not here about that item and would rather not sit through it, please come forward", Mrs, Ursula Wang - Coronado - "I wanted to say that I was very disappointed that when the Foundation, like many people, did not want the extra Sheriff's protection continue, this Board voted to keep the protection, which costs us approximately $500,000 a year", That was very disappointing. Mr. Roellig stated, "I don't think we ever heard anything official from the Foundation on that issue", 6163 Pelican Bay Services Division Board September 7,2005 1612 C 7 Mr, Sutphin stated, "The Foundation was specifically asked whether or not they supported funding incremental police protection in Pelican Bay and they refused to take a position", They called our attention to an opinion poll that I consider being extremely unscientific, a very small sample in size, with very badly written questions and we ignored it. Mrs. Bush replied, "Those questions were written by your Chair", Mr. Sutphin replied, "I don't care, they were terrible", CHAIRMAN'S REPORT RELATIONSHIP WITH PROPERTY OWNERS - MIKE COYNE - PRESIDENT. COLEMAN CONNEll - BOARD MEMBER Mr. Carroll stated, "I am going to introduce Mr, Coyne, who is the President of the Pelican Bay Property Owners", He and I have been in discussions recently, trying to work together to see if we can improve the relationship of our Division and his Organization, I am very optimistic that he and I can work together and I am looking forward to doing that. I asked Mr, Coyne to attend today because I want him to feel welcome and I would appreciate any comments that he might want to make, Mr. Coyne stated, "I do recognize many of your Board members as having previously served on the Pelican Bay Property Owner's Board", Mr, Carroll contacted me out of a concern that perhaps the ongoing debate in the community was picking up a personal edge that was not going to be helpful in moving the issue forward, He wanted to know my position, since I have the good or bad fortune, however you want to view it, as serving as the President of the Pelican Bay Property Owners Association this year, I assured Mr, Carroll of a couple of things, The Board has not yet taken a position, as a Board, on the annexation issue, Individual members of the Board have clearly expressed views, as is their right, perhaps in some cases those views did not have sufficient disclaimers and taken on the conclusion that the Association has taken the position, The point of fact is that we have not yet taken a position. I think we have the luxury, much like a jury, to wait hear all of the evidence, There will come a time when we will know as much as we can know and will be required to vote, It may be at that time that the Pelican Bay Property Owners Association will take a position as a Board, I can see that happening if the Board is, in fact, unanimous with respect to a yea or nay vote, However, it could be like a jury 6164 Pelican Bay Services Division Board September 7,2005 1612 C 7J and end up a hung jury, We might find some diversity, where it would not be helpful to the community for our Board to take a position as a Board, unless we try to announce a split vote in some way, I said to Mr, Carroll, in reference to his personal opinion in the newsletter, that my preference would be that they refrain as long as they could from announcing their position, Some jurors make up their mind when the plaintiff or the defendant makes an opening statement. If you are lucky, the good jurors wait until all of the evidence is in, the judge closes the case and then they retire to deliberate, I think it is totally appropriate that the Foundation took the position of proponency, Somebody had to move the issue forward, but I know some of the Foundation members have said that they themselves are not yet totally decided on that question. Mr. Coyne continued, "As for the Pelican Bay Property Owners, our position is we are yet to take a position and may never take a position", We want to try to help the advancement of the dialog on the issue, I am personally saddened that some people find this akin to war and peace. We live in a beautiful community, we are all going to be neighbors when this issue is behind us and I would hope that the way that we handle ourselves would not be in a manner that would cause lasting divisions within the community, I assured Mr. Carroll that my efforts will remain to work with all of the organizations, to try to put as much evidence on the table as we can, so that when it comes time to vote we can make the vote with all of the information available to us, Mr. Boland stated, "I was on the Board of the Pelican Bay Property Owners and had to resign because there is a standing lawsuit between the Pelican Bay Property Owners and the County and you cannot server two masters", There were 66% of the people in Pelican Bay that have voted to move forward with annexation, Of the 66%, how many of those are year-rounders that pay dues? Using that same number, I would assume that they would be for annexation, Are you going to go to your Board for a decision or to your members who pay their dues? Mr. Coyne stated, "The first issue that was presented was presented to the property owners, not to qualified voters", That was pursuant to the Florida Statutes, as to whether they would give consent for the issue to move forward. As I understand that situation and I have not analyzed the vote, but from what I have read and heard is that more than a majority of the property owners have voted, as opposed to the registered voters, to advance the process to the 6165 Pelican Bay Services Division Board September 7,2005 1612 C 7 point where it can be placed on the ballot to be voted on by the voters of Pelican Bay and the City of Naples, At this point we have no idea of what the vote is, of those who are eligible to vote on the issue of annexation, Hypothetically, if we were to know in some way that we were comfortable with the science of it and that two-thirds of the people in the community are in favor of annexation, I guess the question to our Board would be are we helping the issue by announcing support, if our own Board is two-thirds in favor of annexation? In short, will that be persuasive to more voters? That is something that will clearly have to be debated at such a point in time, My counsel to our Board is that we not rush to get there, We continue to look at all of the facts and when all of the evidence is in, we need to weigh that question, Mr. Burke stated, "I believe that Mr. Coyne's position, representing the Pelican Bay Property Owners Association, is right on". This thing is too important, on a long-term basis; to be driven by egos and emotions that I feel is happening right now, I think to sit back and wait until all of the evidence is in, is a good position to have, Mr. Sutphin stated, "I was going to make this comment at some point tOday and I might as well make it now", It is my personal conviction, as evidenced by what has gone on up to this point at this meeting, and now more than ever, that this Board has no business as a Board, taking a position one way or the other, as it relates to annexation, It is not our job, If we feel personally for or against it, then by all means we should go out and work diligently to further our political beliefs, This, at the end of the day, is a political decision, This Board is not a political body; this Board is in the business of providing services and collecting taxes and spending them in the most cost effective manner. That is my opinion, Mr. Carroll stated, "Continuing on the subject as far as the Pelican Bay Property Owners, Mr. Connell could not be here due to his being on vacation and has been active by attending our meetings", He is the fellow who I have asked to join Mr. Werner and myself in our talks with the City Manager. I think this is another opportunity for us to become closer working with the Pelican Bay Property Owners, It is my intention to continue to work in that direction, 6166 Pelican Bay Services Division Board September 7, 2005 16 12 -C 7 POST ARITCLE Mr. Carroll stated, "On the subject of the last couple of Pelican Bay Post articles, I have decided that it is not a good idea to spend any time talking about that", I really think that is a Pelican Bay Property Owners issue and I would like to leave it there and move on to the next item on the agenda, Mr, Burke stated, "I thought Dr. Raia had mustered a lot of people here to discuss this item", Dr. Raia replied, "I did not muster anybody to attend this meeting; they have all come here today of their own volition", The comment was made that the only way you know what is happening is to attend the meetings and the people are here, Mr. Burke stated, "You asked for the Audience Participation to be held after this first issue", Dr. Raia replied, "Correct", Your Board is dedicated to doing a good job and you do a good job, the place looks great and there is no question about that. I would really like to see us all move in the same direction and a friendly direction, There is no question about that either, It is true that the Pelican Bay Property Owners did not take a formal vote, but let there be no doubt about it that the impetus for annexation started in the Pelican Bay Property Owners Association Board, They set up a committee to view the pros and cons on annexation and they came up with the initial reports and then involved the Foundation, The Foundation then did a more thorough investigation, I find the problem that we face is the lack of good communication, The Foundation, in cooperation with the Pelican Bay Property Owners Association, did hold public hearings to discuss these things, I think, if the Pelican Bay Services Division took the initiative to do the same thing and bring out issues that you feel are of a concern to the public and get a drift of what people want to say would help. You really can't go by the meetings, when you have to come and sit here for three hours. People are here now because of an issue, I do feel that you are ignoring the predominance of the wishes of the people. Mr, Sutphin asked, "Dr. Raia, how is annexation, yea or nay, relevant to this Board"? 6167 Pelican Bay Services Division Board September 7, 2005 1612 C ~ { Dr, Raia replied, "You are absolutely correct", I am glad the article was brought up. My comments are not only about annexation, but issues in general, that seem to develop two sides, I think we all ought to move to see if there is a way to get arbitration to get the community together to do something or at least see what the real majority of the people want. I don't feel that we are moving in that direction, When you are in public office you are going to take a little heat, there is no doubt about it. Myself, I am in the process of being sued, The thing is that the articles are informative and people read them. You have a chance to respond to them in any manner you choose, the Post is open and I would hope that remains a dead issue, I really would like to see a sincere effort of the Boards and Associations to move together to really open their books and see where we are going. The only way to accomplish that is to be honest and truthful with everybody and discuss things in an amicable way. Mr, Ross Obley - "With respect to Mr, Sutphin's comment, that says it's not your job to be involved in annexation, I refer you to the Pelican Bay Advisor". The first page of which is a very strong, anti-annexation comment by your leader, Mr. Carroll, were he says that these are his "personal views". You are using taxpayer's money to put forth his personal views, I think that you, by the use of taxpayer money to present this, have gotten involved, Mr, Sutphin replied, "That doesn't make it right", Mr. Obley replied, "I know", It is wrong and I am offended by it. Mr, Roellig stated, "A lot of us think it is wrong", Mr. Roellig asked, 'We have a representative of the County here and I would like to suggest that we change the agenda to go on to Beach Renourishment at this time"? Mr, Carroll replied, "I am not ready for that and I want to continue with my agenda". SEVERN TRENT INTEREST IN CONTINUING. CONTRACT NOT CANCELLED OR EXTENDED Mr. Carroll stated, "Mr. John Petty is the recommendation of Severn Trent as the person to replace Mr. Ward", Severn Trent is the company that employed Mr. Ward and as everyone knows, he resigned his position with that firm a week or so ago, Although Severn Trent was slow in responding with a replacement, they have brought Mr. Petty into the picture, I am going to say 6168 Pelican Bay Services Division Board September 7, 2005 1612 C'7 a little about Mr. Petty and then ask him to say a little about himself, When J first heard about Mr. Petty's interest, I asked him to come over. He lives on the East Coast just as Mr. Ward did. also asked that Mr, Burke spend some time with Mr. Petty and Mr, Lukasz sat in with us. I should tell you that people who have been our community for a long period of time know Mr. Petty. It is possible that Mr. Obley knows him from years gone by, because Mr. Petty worked for Mr. Ward for a number of years and both Barbara and Jean know him quite well. I did indicate that Mr, Lukasz knew him, but I found out that Mr. Lukasz came on board a little after Mr. Petty had left our employment. Mr, Petty has considerable experience in the same area that Mr, Ward did, in terms of knowledge of government rules and regulations and experience in working with organizations such as ours and comes with some background, I would like Mr. Petty to take a couple of minutes to tell us about himself, Mr. Petty stated, "Thank you Mr. Chairman", My name is John Petty and I am with Severn Trent Services, As Mr, Carroll explained, Severn Trent is offering my services as a replacement for Mr, Ward, for the Manager/Administrator of the Pelican Bay Services Division, It did take us a little time to respond when Mr, Ward resigned as his resignation came rather sudden to us, I personally have worked for him for twenty-three years and it came as a bit of a shock to me, but I understand why he did it. He was a founder of the company and has worked with the corporation (Severn Trent) that the founders sold to some seven years ago. I think he got fed up with reading e-mails on how to run a company that he started. He is now working with Severn Trent as a contract consultant, running the largest group that we have, which is the City of Weston. Weston was a Special Taxing District many years ago, that we helped go through the incorporation process, Mr. Petty continued, "I started my career in 1982 in Pelican Bay, where I was a Director of Field Operations running utilities, drainage, street lighting and landscaping", In 1990, I transferred to the East Cost where I worked in special projects with Mr. Ward, Mr. Moyer and Ms, Archer, the three founders of the Company, In that capacity, I have worked in all aspects of the company and with all of our clients, which total over two hundred special taxing districts and government agencies in the State of Florida, J feel very fortunate to be back here with this 6169 Pelican Bay Services Division Board September 7, 2005 1612-C? opportunity and to be able to work with the group that I started with back in 1982, I know Mr, Ward had a strong spot in his heart for Pelican Bay and I also have fond memories of Pelican Bay, I doubt if Mr, Obley remembers me, since he was President of Coral Ridge-Collier Properties and I was a worker in utilities at the time, Our paths didn't cross much. Mr. Obley stated, "I knew his name, but I never heard anything bad about him". Mr. Petty stated, "I heard the comments from your group today and I, as someone just coming through the door, can tell you that I am thrilled to see so many in Pelican Bay so proud of their community and willing to fight for what they believe is right for their community, I think it is terrific, I think that what started here as a prairie when Coral Ridge-Collier Properties came in and started this community has come to fruition, to this extent. You have grown up; you have become your own entity and you are questioning what you should control and what your future should be, I think that is a good sign, I am happy to be here and to answer any questions that you may have of me, or Severn Trent. I would like to offer our services, continuing through the contract, understanding that at any time should you be dissatisfied with the services you get from Severn Trent you can walk away, This is basically a handshake deal and you can walk away if there is any dissatisfaction, Mr. laizzo asked, "How much time is left on the contract"? Mr. Carroll replied, "Four months". Mr. Roellig stated, "At our July Meeting, this Board passed a Resolution to accept the option to continue with Severn Trent for another year", I don't know why that has not been implemented, Mr. Carroll replied, "I pulled it", I decided not to implement it. Mr, Roellig replied, "I don't think you have the right to decide something other than what this Board moved to do". Mr. Carroll replied, "I decided it was a good idea when Mr. Ward resigned and was going to bring it back to the Board at the next meeting, which is today", Mr. Roellig stated, "The Board already agreed to the option and I don't know why we just don't go forward with it", 6170 Pelican Bay Services Division Board September 7,2005 1 b 12-C . I Mr, Carroll stated, "I don't know this gentleman very well and I don't think most of us do". I wanted to work with Mr. Petty over the next three or four months and decide whether we should exercise the option to extend the contract for another year or, whether we should change the contract and get someone else, Mr. Roellig stated, "I think you should make a motion to that affect", There has been a motion approved by this Board to take action, You have to rescind the old vote, Mr. Carroll moved seconded by Mr. Sutphin and approved unanimously, on a vote of 10/0, to rescind the previous motion extending the Severn Trent Contract for one year. --~~. Mr. Carroll stated, "The next thing I would like to do is to get the Board's support in working with Mr. Petty, over the next several months, to see how he will function and if we value his contributions". Perhaps in November we can decide whether or not we are ready to extend his contract, or terminate the contract and get someone else. Mr. Sutphin asked, "Does that require a motion"? Mr, Carroll replied, "I don't believe it does", Mr, Roellig asked, 'What is the timeframe"? Once the time expires in December, then we will be without a replacement for six months while it goes through the County's procurement process. Mr. Carroll replied, "It depends upon the contract that we might very well use if we go forward", If we decide to decrease the amount of service we want to buy, we can use a much more simplified contractual approach, which I have discussed with the Purchasing Department. We would make that decision at the November meeting, Mr, Sutphin asked, "Can the Board assume that Severn Trent would continue month-to- month if we had a decision to make"? Mr. Petty replied, "Yes, I will guarantee that I do". Mr. Roellig stated, ''That is a procurement of the County", Mr. Carroll stated, "I can work that out", 6171 Pelican Bay Services Division Board September 7, 2005 1612-C 7 Mr. Sutphin asked, 'Would we be allowed to pay month-to-month without a contract if there was no contract"? Mr. Carroll stated, "I don't know, I would have to ask that question", Mr. Petty stated, 'We will not leave Pelican Bay without representation during the break", If you make that decision in December, we will stay with you through the transition, Mr. Spanier asked, 'What amount of time can we expect to see you on site during these next four months", Mr. Petty replied, "All of my spare time, which would be anywhere from one to three days a week". I have a fondness for the West Coast and I can and I am going to try and leave my office as much as possible to spend time in Pelican Bay, Mr. Spanier stated, "As a matter of minimum contract obligation, you need to be here at least one day each week", Are you saying that the expectation would be in excess of one, but not in excess of three days, is that correct? Mr, Petty replied, "I would like to say not in excess of three days because I am one to wear out my welcome when it is this pretty", I have been on your berm and the wildlife, bays and views are fantastic. I am going to be out here as much as I can, I enjoy this community a great deal and I don't think you are going to have any trouble getting the minimum and I don't know what the maximum is going to be, Mr. Spanier asked, "Are we your only assignment"? Mr, Petty replied, "No, I have approximately eleven other districts that I take care of and most of them are on this coast". Mr. Spanier asked, "Are most of them one day a week"? Mr. Petty replied, "Most of them are approximately one hour a month", Mr. Boland stated, 'With all of the hurricanes, etc, I would feel more comfortable with a company on the West Coast", Are there companies on the West Coast that do the same thing? Mr, Carroll stated, "The last time this item went out for bid, we received one bid", Whether or not we would get any more, I don't know. It is a specialized skill. 6172 Pelican Bay Services Division Board September 7,2005 16 r2-C r;c) I, .... Mr, Bill Turner, "Some of us in the community always felt that Mr. Ward might be driving our Board", I would like to know what your management style is and are you associated with any developer in southwest Florida? Mr, Petty replied, "My ego is not quite as big as Mr. Ward's". I did not found the company twenty-five years ago, I am more of a worker bee than a founder. My management style is to follow the direction of the Board, The Board sets the policy and by job is to implement that policy, Secondly, I don't know how to answer that question, Mr. Carroll stated, "This is sort of a trap question". You work for other organizations such as Fiddler's Creek and Pelican Marsh, What Mr, Turner is asking is what is your relationship with them, as it would interact with us? Mr. Petty replied, "It is difficult to answer that question", In the beginning of our company's business it was about founding special districts and the establishment of new communities, which meant you worked with a landowner who was typically a developer, such as WCI, Arvida, etc, Our business has matured in thirty years, to the point that very few of our clients are those types, We mostly work with our existing group, but we still get involved with new communities, We do business with developers and as managers of special taxing districts in the State of Florida; we work with all entities, governments, developers, landowners, etc, Our relationship is not one where we make a profit from a developer. Our business is basically providing manager administration and other such services, Our basic function is serving the residents, more so than the developers, The landowner who would request such services would have our company's attention as well. Mr. Sutphin stated, "I think I can ask the question differently and cut through the innuendos". Are you contractually obligated to any organization controlled by Gulf Bay Developers? Mr. Petty replied, "Not that I am aware of", Fiddler's Creek was recently turned over to a different group, Mr. laizzo asked, "Does Severn Trent have manpower such as temporary labor under its' control"? 6173 Pelican Bay Services Division Board September 7, 2005 16 J2-C7 Mr. Petty replied, "Severn Trent has approximately fifty to sixty employees doing field operations out of our Fort Myers office, dealing mostly with water/wastewater and drainage issues", We are bound contractually to run utilizes and drainage and this group does customer service issues for a lot of our districts on the West coast. Besides that, we have approximately 5,000 employees in North America in similar pursuit. Mr. laizzo asked, How about this region"? Mr. Petty replied, "In this region we have fifty to sixty", Mr. laizzo asked, "Are they temporary or full time employees"? Mr, Petty replied, "They are full time employees". Mr. laizzo asked, "Do they go to the various projects to function as temporary labor"? Mr, Petty replied, "Not as day laborers, but more as contract administrators and as field superintendents, evaluating field failure problems and having contractors come in and correct them in a timely manner", They direct field inspections of water management systems, etc, Mr. laizzo asked, "Do you own vehicles that are also brought in for community service"? Mr, Petty replied, " Severn Trent is an international company and does a little over $3,000,000,000 a year in sales, mostly providing utility operations internationally". In North America we have a strong focus in that same regard and we also have a large interest in analytical laboratories, We have a few subsidiaries that make certain devices for chlorination, water purification, filtration and some membrane manufacturers for reverse osmosis, Our group is the management group, which provides contract management and administration to government entities, All told in North America, we have about $800,000,000 a year in sales and have approximately 5,000 employees, In Florida we have well over two hundred, with fifty field operators in Fort Myers and seventy-five based out of our corporate offices in Coral Springs, We have field offices in Jacksonville, Orlando, Sarasota and few other places, Mr. laizzo stated, "I am quite impressed, but can you as a Manager, get your satellite companies to provide us with service"? 6174 Pelican Bay Services Division Board September 7, 2005 16/2 C ~ /Í Mr. Petty replied, "If this Board would desire to contract with Severn Trent, it probably would do so through the County system", We would be prepared to provide any service that was compatible with what we offer. Mr, laizzo asked, "It would be through the County"? Mr, Petty replied, "It is my understanding that all procurement goes through the County and, as such, Severn Trent would be delighted to bid on any that were compatible with the services we provide", Under emergency conditions we can provide immediate assistance from our group, which is fifty or sixty, Mr. laizzo asked, "Are you on the stock market"? Mr. Bush asked, "Last year we had some hurricane damage in Pelican Bay, did you get involved in that"? Mr. Petty replied, "I was not involved in that", Mr. Ward would have been part of that process, Mr, Lukasz replied, "The services were provided in-house by our people, ORDINANCE UPDATE - BRING PRE-WORK. MOTION IF READY Mr. Carroll stated, "I am going to skip this item for the moment". BOARD OF COUNTY COMMISSIONERS PBSD BUDGET APPROVAL - SEPTEMBER 8TH 5:05 P.M. - BCC BOARD ROOM Mr, Carroll stated, "Tomorrow there will be a meeting before the Board of County Commissioners to approve the Budget", Normally Mr. Ward would handle this, but in his absence Mr, Sutphin and I will present this to the Board of County Commissioners to get our budget approved, Mr, Sutphin stated, "It is only the Non-ad valorem portion of the budget that is involved in tomorrow's hearing". The overall County Budget will get approved in a different time frame. MEETING WITH NAPLES CITY MANAGER ON AUGUST 8TH - MY REPORT INCLUDED Mr, Carroll stated, "I did put out a report about this meeting", I believe it was Mr. Roellig who asked that a report be prepared any time a meeting is held, It has been sent to everyone and it can be distributed in any way the Board feels desirable, 6175 Pelican Bay Services Division Board September 7, 2005 1612-C 7 ~L· Mr. Domenie asked, 'Will this appear on our website"? Mr. Carroll replied, 'We can publicize this if we feel that it is in our best interest to do so", Nobody seems to want to, We do not have another meeting scheduled and have decided to wait until after the City Council has made their decision, CLAM BAY SUB-COMMITTEE CLAM PASS INLET MANAGEMENT POLICY BEACH RENOURISHMENT Mr, Burke stated, 'We have Mr, McAlphin, who is the Tourist Development Project Manager for Beach Renourishment, with us today", As you can imagine, we are going to have some questions for you, Mr. McAlpin stated, "I want to talk a little about the beach renourishment program; where we are and where we see ourselves going with that program", This project has been bid after a period of several years of obtaining permits and for a variety or reasons our project is now approximately $6,000,000 higher than our budget. There are a number of reasons for that and one is the issue with fuel costs for dredging, Our sand source is an 80-mile round trip and is off the coast of Sanibel Island. The sand sources have to be permitted by the FDEP. After last year's storms we experienced a lot of capacity that has dried up, Essentially, we were faced with a situation where we were looking at a $6,000,000 shortfall in what we could do, We put our heads together and came up with a plan, which is a modification of the scope managing our project and seeking additional revenues, We first looked at the FDEP, The FDEP, based on the eligibility of access points on your beaches, will cost share with you, We reviewed that with them, got the eligibility numbers reviewed and modified and also because our costs were more expensive, we were able to bring in approximately another $3,500,000 from the State, which would help us offset that. We came in and looked at what we were doing in our program and wanted to balance what we were doing with timing and dredging of the inlets and also our beach renourishment. Initially we looked at 673,00 cubic yards of sand. We cut that down by about 48,000 cubic yards, because we balanced the timing of where we were going to dredge the inlets and put that sand on the beaches, Typically, we dredge Wiggins Pass every other year. We took 50,000 cubic yards of sand out of Wiggins Pass and now instead of renourishing the beaches at 6176 Pelican Bay Services Division Board September 7,2005 1612 C 7 , ;'.i''''j~, Wiggins Pass at monument 19, which is 19,000 feet from the start of the County, we are going to come back in between monuments 20 and 23 and renourish that area when we dredge Wiggins Pass, We did the same thing at Doctors Pass in Naples and eliminated 10,000 cubic yards by dredging Doctor's Pass and not putting as much sand on Lowdermilk Park, We did the same at a transition point, just north of Seagate. We were able to reduce the scope of the job; we were able to get additional funding and will go before the Board of County Commissioners for authorization of approval. There is no impact to the beaches we will renourish in Pelican Bay, We will start at monument 30,5 and renourish all the way to monument 37, The width and depth of the beach will stay the same, You have $840,000 in your budget and we ill renourish to $840,000 or to whatever dollar amount you wish us to do on your beaches, You need to tell us how much sand you want us to put on your beach, We will renourish from monument 30,5 to approximately monument 33 because that is public access, that will be paid for by Tourist Development Funds and the cubic yards of sand from monument 33 to monument 37 will be paid for by Pelican Bay. That represents approximately 36,000 cubic yards, Mr, Burke stated, "In our previous meeting we saw that the bid was reduced by $2,000,000", Mr. McAlpin replied, "We removed $2,000,000 through a combination of scope reduction, reducing our mobilization costs and changing the way we screen the sand", Mr. Burke stated, "Playing the mathematics with the cubic yards, it comes to approximately 37,000 cubic yards being removed from monument 30,5 to Pelican Bay", Mr. McAplin replied, 'We have not changed the cubic yards from what we were going to put into Pelican Bay". If you look at where you start at monument 30,5, our densities and lineal footages are all the same, Mr. Domenie stated, "You show a drop from 63,000 cubic yards to 58,000 cubic yards", Mr. McAlpin replied, 'What you are looking at is a bid sheet that quantities are represented at and priced", There are some quantities on that sheet that deal with potential erosion issues, I think what you want to look at is this sheet, which is by monument and location, When we did this design a year ago, it was based on quantities at that point in time, We will do a 6177 Pelican Bay Services Division Board September 7,2005 16 12 C 7 pre-construction survey. That will take into account some erosion that has taken place during that period of time. Mr. Domenie asked, 'Will that add to the cost"? Mr. McAlpin replied, "It could, but if there was accretion, it would subtract from the cost". That is why the quantities are approximate. We are going to put whatever quantities you want us to put on your beach, We intend to go from monument 30,5 to monument 33, and the terms of the length and width are not going to change, What gets done with the stretch between monuments 33 and 37 is entirely up to you, Mr, Mathias stated, "I do not understand what you mean by monuments 30 and monuments 33", Mr. McAlpin replied, "Collier County starts at the Lee County line and every 1,000 feet there has been a monument placed", Those monuments mark a location, so that people know where they are if they would have a problem, The beach renourishment is being done based on the monuments, When I talk about monument 30,5 that is located at the Ritz Carlton Hotel. When you get to monument 37 that would be 7,000 feet after the 30,5 monument, which is located at the Ritz Carlton Hotel. Mr. Sutphin asked, "Are all of the permits in place for this project"? Mr. McAlphin replied, 'We have our permit from FDEP, our biological opinion is being signed on September 16th, From that we have pre-worked our US Army Corps of Engineers Permit, which will take two weeks to finalize. We will then get our Notice to Proceed from FDEP, which will then take approximately two weeks, The other permit is the Minerals Management Permit. We will have all of our permits in place by October 1, 2005. The real issue was the biological opinion, Mr, Domenie asked, 'With the impact of Katrina on Louisiana and Mississippi, will we still be able to get all of the equipment"? Mr. McAlphin replied, "We are looking at a company called Great Lakes Dredging", Part of the negotiation on mobilization was our being able to work with Great Lakes Dredging. They are doing the beach renourishment job on Sanibel Island right now, Great Lakes Dredging has 6178 Pelican Bay Services Division Board September 7, 2005 1612 C 7 II committed two hopper dredges to us, A hopper dredge is a big ship with a flap that is like a grader that cuts the sand as it goes in, is fluidized and then pumped onto the beach, I am not at all concerned about the equipment. Mr, Carroll stated, "I think his question has to do with what has happened during the past week ", Are you confident that they have not changed their mind? Mr. McAlpin replied, "Yes", The Purchasing Department and I have both been in contact with them and they are very confident that we will start in November and have it completed prior to Turtle Nesting Season, Mr. Roellig stated, "Can you comment on the Park Shore area from R-43 to R-48"? Your bid showed a request of 45,000 cubic yards of material, but the revised project is 25,000 cubic yards. What happened to the 20,000 cubic yards of sand? Mr. McAlphin replied, "As I said there was a transition in that area and we eliminated that transition", There was a taper over those 2,000 feet of beach, We eliminated that taper because we didn't feel that we needed it. I have to apologize and I know there is frustration because I was not here for the last meeting, We have identified all of the hot spots on the beaches, which are locations that have tended to erode on a quicker basis. This plan completely renourishes all of the hot spots and the beaches, We have taken the taper out of that area. We are integrating the inlets and beaches together, which is what we really should be doing, Mr. Roellig asked, 'Where is the taper"? Mr. McAlpin replied, "It is a taper that is located between monument R-45 and R-46", Mr. Carroll asked, 'Will you be renourishing Clam Pass Park"? Mr. MCAlpin replied, "Clam Pass Park is not part of this project", The reason being, that a decision was made that the permit would be delayed too long, FDEP typically looks at areas where you are putting sand near an inlet in much greater detail. What we have said is that we will be developing a plan within the next year, certainly within the next two years, to renourish Clam Pass Beach Park, There is a meeting scheduled for tomorrow morning with the FDEP, who has come down at our request, to work two items with us, One is a long-term plan at Wiggins 6179 Pelican Bay Services Division Board September 7, 2005 1612 ('\ d 7 Pass and the other is what is the right approach at Clam Pass and Clam Pass Beach Park? We are very proactively working that. Mr, Roellig stated, "The bottom line is that the taper area is the one closest to Clam Pass Park", Mr, McAlphin replied, "That is not the bottom line". The bottom line for us is that we were able to develop a project that was $6,000,000 short and be able combine the inlets and our normal beach renourishment, get additional funding from FDEP and get this job doing, Right now we are not renourishing only three areas and a total of 48,000 cubic yards of our of original 673,000 cubic yards, We are going to renourish 625,000 cubic yards on the beach and we have a plan. For the areas that we are not going to do, were are going to renourish those from the inlets moving forward, when we dredge those inlets, Mr, Roellig stated, "What you are saying is that if you go with this plan, you are going to have to dredge Clam Pass with a massive dredging", Mr. McAlpin replied, "No, we are going to have to do something at Clam Pass Beach Park within the next two years", This plan never addressed it. That is a completely separate issue, We are going to have to deal with that and we will deal with it. We are dealing proactively with it with the State right now, Mr. Roellig stated, "I am going to give you my view on this", In the area from Delnor Wiggins Park, south and including Park Shore you are removing 37,000 cubic yards of sand over what was bid, Mr. McAlpin replied, "I don't think that is correct", You are looking at a document that is incorrect. You are looking at a document that spread some numbers in there from a contractor. What you need to be looking at is the document that I have given you, which shows exactly what we are eliminating by monument number, Mr. Roellig stated, ''This is your bid schedule". Mr. McAlphin replied, "The bid schedule identifies the dollars per cubic yard, with approximate quantities that are not guaranteed, The quantities are not guaranteed because they are going to be adjusted based on final volumes after our survey, 6180 Pelican Bay Services Division Board September 7,2005 1612 C7 Mr, Roellig stated, "Ves, but do not know which way, we don't have a clue", Mr. Burke stated, 'We are comparing the July 13th sheet, which we were provided, with the most current", Mr, McAlphin replied, "The document that you should be using is this document, which is our design survey", This is what was submitted to FDEP. This is a summary from the Plans and Specifications, This is what FDEP approved and at a minimum, this is what we are putting on to the beaches, Mr. Roellig asked, "Is that before or after the bid schedule we have from July"? Mr. McAlphin replied, "That document is after the bid schedule", Mr, Roellig asked, "Vou mean you went out for bid and did not have the quantities"? Mr. McAlphin replied, 'We have the quantities, but they are not guaranteed", It is very common to do that. The actual survey is going to tell us the numbers. Mr, Sutphin stated, 'When will the actual survey be done"? Mr. McAlphin replied, "It will be started this month and we will survey the entire County prior to construction". Mr, Sutphin asked, "If Pelican Bay withdrew it's funding, how would that change how you accomplish the project"? Mr. McAlphin replied, 'We will not renourish your beaches". If you told us you were going to withdraw your $840,000, we would say fine, We would renourish the beaches from R-30,S to R-33, From R-33 to R-37 we would not renourish. Mr. Sutphin asked, 'What is the last date we can tell you whether or not we want sand"? Mr. McAlpin replied, "Realistically, we would like to have that identified within a month". think that is reasonable, Within a month you tell me what you want to do, That is the issue, if you don't want to spend the money to renourish your beaches that is fine, Mr. Roellig stated, 'We don't want to spend the money to renourish our beaches and find out that the County has cut the same amount out of their project". The bottom line is that we don't want to spend the money to fund your shortfall. Mr, McAlphin replied, "That is not happening at all". 6181 Pelican Bay Services Division Board September 7, 2005 16 12 C 7 Mr. Aoellig stated, "It sure appears that way from the documents we have". Mr. McAlphin stated, "I will be happy to sit down with you and work through this", I have given everything I have to Mr. Lukasz. This is not an adversarial issue, If you want sand on the beach, we will put the sand on the beach. We will work with you to put whatever and however much you want on the beach, It is not problematic from my perspective. We can sit down and work this together. I would like to know within a month, before our Notice of Proceed, We can work though this, We will renourish to however much money you want us to renourish, based on those unit prices. Mr. Carroll stated, "Mr, Burke, I think we need to restudy this issue", I know you have some real concern about this, but it appears to me that Mr. McAlpin is presenting things in a different light, compared to what I heard at your meeting, If what he is saying is what we want, then we really don't have a big issue, Mr. McAlpin stated, "If you want to spend $1,000,000 to renourish your beaches, we can renourish your beaches to the original design", It doesn't have to be adversarial. Mr. Aoellig stated, 'We are not adversarial, we are just not going to pick up your shortfall" , Mr. Sutphin stated, "So that I understand this, I think you are saying that Pelican Bay's cost on this project is totally variable", For $0 to $1,000,000 we get a linear amount of sand, depending upon how much money we want to spend, Mr. McAlpin replied, "That is correct", Mr. Sutphin stated, "As far as I am concerned, that is a very simple decision", Mr, McAlpin stated, "You have to recognize that we will renourish from A-30,S to A-33, regardless, because of the public access". You tell us however much money you want to add from there, Mr. Sutphin stated, "I am hearing that we are bearing none of the fixed costs of this project", Our costs are totally variable, 6182 Pelican Bay Services Division Board September 7,2005 16 12 Mr. McAlpin replied, "That is correct", If you look at the number that we quoted you, there is $2,500,000 in mobilization. I have not asked you for a nickel of the mobilization costs, Your only cost is $27,14 per cubic yard of sand, Mr. Sutphin stated, "It has never been presented that way before". Mr. McAlphin stated, "That is my fault and I apologize for that. Mr. Domenie stated, "There is still $4,500,00 for mitigation", Mr, Sutphin stated, "That is not our problem", Mr, Domenie replied, "I know, but I just wanted to make sure", Mr, McAlphin stated, "The County is still going to continue to build the artificial reef, provide monitoring of the reef and any monitoring required by the FDEP Permit", We are not coming back with any additional fixed costs to you, Mr, Burke stated, "For the benefit of the owners, if we elect to not take part in this round of beach renourishment, it will be eight to ten years before we get back to it", Mr, Sutphin asked, "Since Pelican Bay joins Clam Pass Park, if we didn't participate this go around, would we have a shot at it when Clam Pass Park comes up"? Mr, McAlpin replied, "It would be a completely different item", When you renourish Clam Pass Park, you will do it with a mechanical clam shell dredge", Mr. Sutphin stated, "it would probably be a much better deal to do it now", Mr, McAlphin relied, "It would be a much better deal to do it now", Mr. Sutphin stated, "I would move that we table this issue until our next meeting, subject to a report from the Clam Bay Sub-committee", Mr. laizzo stated, "This has to be done within one month and the next meeting would be one month from today", Mr. Carroll stated, "From what I am hearing, it appears that we are ready to make a decision now", Maybe we don't know if we want to spend $840,000 or $1,000,000, but I don't think we should take the chance that we can't get in on this at the right time. Maybe a month delay is all right, but I am a little uneasy with that. 6183 ('\ 'J 7 Pelican Bay Services Division Board September 7, 2005 16 '2 r' , ", 7 Mr. Burke stated, "The only way the Clam Bay Sub-committee could have a full recommendation is to have the County come back to us", Mr. McAlpin stated, "Right now, as it stands, it will go to the County Commission as your being a participant up to $840,000", If you would come back at some point in time and eliminate that, it would not be a problem with the contractor. This is a unit priced contract and, within guidelines, you can eliminate sand. It is going before the Board of County Commissioners this Tuesday, September 13th, Mr, Sutphin stated, "The reason I am moving to table this a month is very simple, unless I am missing something", This is a straight variable cost decision. A month from today we will have the new profile and we will know whether it is $500,000 worth of sand or, because there was extensive erosion since the last study, $2,000,000 worth of sand, or somewhere in between, Mr. McAlpin stated, "I believe the numbers you are looking at are based off the original design of 36,000 cubic yards of sand", We have allowed a factor for erosion in that number, The question is whether our factor is good enough, You are not looking at double that number, You may be looking at going up 10%-20%, Those are the kinds of magnitudes you are talking about. A member of the audience asked, "Is there an independent engineering company that does a post operation survey to see that we actually got the sand that we were supposed to get? How do we know we are getting the sand? Mr, McAlphin replied, "We monitor the pre-construction survey, we do a survey and an estimate is submitted to the FDEP", Mrs, Eva Karkoski asked, "How do you determine if the sand is compatible with the turtles"? I know the turtle guys check the oxygen, etc" but that would be after the fact. Mr. McAlphin replied, "The biggest issue is that after we put the sand on the beach, it tends to compress, which makes it more dense and the turtles cannot get in there to dig their nests". We aerate the beach with large tillers, That is taken into account. Mr. Karkoski asked, "Do we have signed documentation that this is the best sand for the beach"? 6184 Pelican Bay Services Division Board September 7,2005 1612 C 7 Mr. McAlpin replied, "The sand that will be placed has been designated and approved by FDEP". Mr. Sutphin moved seconded by Mr. Roefllg to table this issue until the next meeting subject to a full report from the Clam Bay Sub-committee. This motion was not called, as Mr. Sutphin withdrew it. See what follows. -~-------------~~~~ ---- --------~- ---~--- Mr, Sutphin stated, "I would like to withdraw my motion", Mr. Roellig stated, "I will withdraw my second to Mr. Sutphin's motion", As I mentioned earlier, you have to look at the whole plan. What they are saying to you is that they are not going to put Clam Pass Park in this project, but in a couple of years they are going to come in and take the sand, based on the drawings in their inlet policy, From what I can tell, they plan on digging a hole out there to take the sand to place on Clam Pass Park in the approximate amount that we are going to put on our beach. My view is, from what information has been presented to us, we are going to pay to put sand on our beach that could go to fill their hole, That is the bottom line, If that is what you want to do, that is fine, Mr, Domenie asked, "Do we want to limit it to $840,000, or do we want to go to the $1,000,000". If so, where would we find the $160,000 now that we don't have reserves? Mr, Carroll asked, 'Why would we want to go more, it sounds as if the $840,000 will give us what we want"? Mr. Sutphin stated, "It also sounds as if even in mid-process we could order more sand". I want to comment on Mr. Roellig's comments, I don't like the plan either and he is the only expert I know, but it is the only plan that we have and the County is not going to change the plan because we don't like it. If we don't participate, it is all over for eight years and I think the beaches are our most important asset. Even if it is not perfect, we ought to do it. Mr, laizzo stated, "I would like Mr. McAlpin to respond to Mr. Roellig's question". Mr, Sutphin replied, "It doesn't matter", Mr. McAlphin asked, "Mr. Roellig will you please repeat your question"? Mr. Roellig stated, "My concern is that I think there was a Resolution on the Inlet Policy that we were going to send to the County Commission, and I guess that hasn't been done", 6185 Pelican Bay Services Division Board September 7, 2005 1612 Ci Mr, Carroll stated, ''That is a separate subject" Mr. Roellig stated, "Yes, but we are still going to talk about the Inlet", What is happening is that they are going to get the sand from the pass to renourish Clam Pass Park. Mr. laizzo asked, "Is that a yes or no, that is alii wanted to know". Mr, Roellig stated, "We are not going to get to decide that, the County will make that decision". Mr. McAlpin stated, "Clam Pass Beach Park renourishment has never been a part of this major renourishment", It wasn't permitted that way; it was not designed that way and has never been a part of this plan. Do we have to renourish Clam Pass Beach Park, yes, Is it eroded, yes. Are we sitting down with the FDEP tomorrow morning, and anyone is invited to attend that workshop, to try to outline the steps of what is the best way to renourish the park, yes, we are. Does that mean we are going to dig a great big hole out in front of the park, I don't know, I do know that we have to renourish that park, Mr. Roellig stated, "You don't know what is coming down in a couple of years". Mr, laizzo asked, "If we have renourished our beach, particularly the Clam Pass area, Mr. Roellig is saying the County can come along and take our sand to fill the park", Mr. McAlphin stated, "We would not take the sand off your beaches", The State would not allow that. The issue is, what happens to Clam Pass Inlet with the ebb tide shoal. How much sand is there and in the flood tide shoal, is it beach compatible and can we use that? We don't know and we are sitting with the State to work through those issues. Mr. laizzo stated, 'We are going to put a hole there and Mr. Roellig is right", We are going to take sand out of the pass and it is going to shift to refill that area and we will be reusing the sand that we just put down with the renourishment. Mr. McAlphin replied, "You are not even near that area", Clam Pass Park is at monument 42", The area you are renourishing is from monuments R-33 to R-37; you are talking a distance of approximately one mile between monument R-37 and R-42. Mr. Carroll asked, 'Where would you get the sand from"? 6186 Pelican Bay Services Division Board September 7,2005 1612 C '1 Mr. McAlpin replied, "It could be from the Ebb Tide Shoal, the Flood Tide Shoal or it could be truck hauled", That has to be worked out with the State, Mr. Mathias asked, 'What happens from R-37 to Clam Pass at R-42"? Mr, McAlphin replied, 'When that was surveyed it was determined that portion of beach did not critically erode and did not require renourishment", Mr. Mathias stated, "There was an original bid of 63,000 cubic yards of sand from R·30 to R-37 according to this document, which may not be right", Mr, McAlphin replied, "Recognize that the area between R-30 and R-31, I am going to take care of". That is 30,000 cubic yards that I am going to pay for, The other 36,000 cubic yards you are going to pay for. Mr, Sutphin stated, "We have a habit of over-complicating simple issues". To me, this is very simple, The County has a plan, there are aspects of it that we don't like, but we don't have the ability to change the plan, We either play in the game for $840,000 or we wait eight years for the chance to play again, I have heard speeches, including one from Mr, laizzo, of how we don't listen to the residents, I guarantee you that an overwhelming percentage of Pelican Bay residents would shoot us if we would watch the beach erode. Mr, Charlie Manning - Grosvenor - 'Why was it that the south beach was never in the original proposal and have you noticed that the south beach has eroded"? Mr. Domenie stated, "It will come back", Mr. Carroll stated, "It moves back and forth", Mr. Sutphin moved seconded by Mr. Spanier and approved by a vote of 8/2, that the Board approve the expenditure of the $840,000 that is in the budget for beach renourishment. Mr. Roellig and Mr. Boland cast the dissenting votes. ~--~--~--------------- CLAM PASS INLET POLICY Mr. Burke stated, "A lot of time has been spent on Clam Pass Inlet", For the sake of the rest of the Board and the owners, the Pelican Bay Services Division has been responsible for the permits for the maintenance dredging of Clam Pass, We have done it in a manner to benefit the 6187 Pelican Bay Services Division Board September 7,2005 16 12 C 7 ,~~~ .~~ entire system and that is why we dredge it to keep water moving through the system, It is our belief that what we have been doing is working. Mr, McAlphin is sponsoring a project to get some kind of uniformity to all of the inlets in the County and they are trying to build policies around how they would dredge the various inlets, When they came to Clam Pass, their proposal was to dredge much more extensively than we do, They would want to go deeper into the pass and come out and remove the ebb shoal. Mr. Carroll asked, "Explain what an ebb shoal is, please", Mr. Lukasz replied, "It is a sand bar that is located outside of the pass", Mr, Carroll stated, 'We do not want that removed", Mr, McAlpin, we would like your input on this, We are taking the position that we don't want you to do that. Are you going to buck us on that position? Mr. Burke stated, "The point to be made, is that this Committee and some of its members have been working closely with Mr. McAlpin", Granted, you did not make our last meeting, but you are forgiven, We have attended the Inlet Sub-committee and CAC Meetings and we have made the point that we do not want the ebb shoal removed, because it is our expert opinion that our beach sand and perhaps that of Clam Pass Park, will migrate to fill it. In conjunction with that, Mr, McAlpin has brought in State FDEP people for a workshop tomorrow, This is one of the issues that will be discussed, Mr, McAlpin stated, "Obviously, this is a politically charged issue", We do know a couple of things; we do know that we have to address the park and to a certain extent, it doesn't matter. We can get the engineering consultant to tell us anything that we want him to tell us, the same way you can get your consultant to tell you the same thing. The real issue is, what is the State going to permit? We want to sit with the State tomorrow; layout the pros and cons and have them go through the plan and determine what they will permit. I am willing to try to desensitize this whole issue, We are not going to get to a point where we can develop something amongst ourselves, so let's let the State tell us what the approach is going to be and what makes good engineering sense. If we don't have the right study, what is the right study that we have to get? In addition to that, we have paid $35,000 to get an independent analysis of all of the monitoring 6188 Pelican Bay Services Division Board September 7,2005 1612 C 7 data that has been done over the past five years, to see what is really happening with the sand in the inlet. I have not seen that analysis, but part of it is supposed to be ready tomorrow. What I really think is that this is a work in process and we are not going to make any decisions tomorrow, but we are going to get closer down that road. I do think that we are going to have to, within one year and at the most two years, put some sand on that beach. It just has to happen and what is the best way for us to do that that is what we are trying to look at. That is what we are trying to do. I hope you will be at the meeting tomorrow to talk the pros and cons. People are going to be talking pro dredging the ebb tide shoal and it needs to be balanced, I am trying to achieve a balance, Mr. Domenie stated, "You know what my position is", I would not like to see forty-foot powerboats, with twin screws and 300 hp engines coming up that inlet and chewing up the sand and grasses, Besides, you have kids playing in that inlet. Clam Pass inlet is completely different from Wiggins Pass, Mr, McAlpin relied, "That is a separate issue", Mr. Domenie stated, "You are emphasizing dredging to use the sand to renourish the beach", My concern is what happens after you dredge it and declare this to be an international waterway, which is what the Seagate representatives want. Mr, McAlpin replied, "It has already been dredged in the past". We are only talking about external dredging, Clam Pass is a non-navigable waterway, It is designated as a non-navigable waterway, Mr. Domenie asked, "Are you trying to change that"? Mr, McAlpin replied, "No", From a CAC point of view, we are only looking at the sand at the pass, the sand where the beach and the inlet meet. Mr, Domenie replied, ''That is the first that I have heard that". Mr. McAlpin stated, 'Whatever happens internal to that, has always been for vital flushing", If we could help you to do some beach compatible sand and it works for your tidal flushing, we will do that. We are not ever going to go in there and dredge it internally, 6189 Pelican Bay Services Division Board September 7, 2005 16 12 C Mr, Baron Herman asked, "Does Pelican Bay have the right to hire our own engineering company to review the accountings of all of the money that is paid, receipts from the sub- contractors, quantities and costs"? Would the County make that available to us? Mr, McAlpin stated, "The County would have no problem making that information available", If you want to pay to audit it, that is fine, Mr. Roellig stated, 'What is the status of the Resolution that the Board passed at their July meeting, to provide our opposition to the Clam Pass Management Plan"? Has this been dropped? This was something else that the Board passed and was to be placed on the agenda for a County Commission Meeting. Mr, Burke replied, "From what I know about it, it was given to Commissioner Halas", Mr. Carroll replied, "Yes, that was some time ago and we have an updated one", Mr. Lukasz, will you comment on the status of that Resolution? Mr. Lukasz stated, "We have added some additional language, that was discussed and approved at the meeting, to move ahead with the Resolution". The Resolution has been submitted to the County Attorney's office for review, along with an Executive Summary to be placed on a Board Agenda, With the time frame we are working in, I don't believe it will make it to the agenda for September 13th, Mr, Carroll stated, "It was going to be on the Consent Agenda, which means it would not get discussed". We have asked Commissioner Halas to remove it from the Consent Agenda and place it on the Regular Agenda, so that it can be discussed. Mr. Burke will represent us at the meeting. We have felt that item has gotten around us, but we are still working on it. Maybe after tomorrow's meeting there may be some other thinking. A member of the audience asked, "Is tomorrow's meeting open to the public"? Mr. Burke replied, "It is a Public Workshop to be held at 10:00 A.M, at the City of Naples Council Chambers". Dr, Buser - Seagate Association - 'We stand firm that Clam Pass and Clam Pass waterways do meet Federal and State Standards regarding navigability", I don't want to let it rest that we are accepting the concept that it is not navigable, The other reference to bringing in 6190 Pelican Bay Services Division Board September 7, 2005 1612 ('\ .J .. 14 forty-foot boats with twin screws is that somebody is being a little imaginative there. That is inaccurate. Mr. Domenie stated, "It would not prevent it". Dr, Buser replied, "If you find someone that is wanting to do that, I would tell them that is a bad investment in a boat". BUDGET SUB-COMMITTEE UNDERSTANDING YOUR TAX BILL CHRIS SUTPHIN TAX BILL ANALYSIS Mr. Sutphin explained, ''What I have today is totally educational", I received a call from Mr. Joe Bawduniak, a former Board Member. He is a pretty sharp guy and started by expressing his thanks to the Board for lowering his assessment for next year and then complaining that his tax bill went up, It got me curious and I looked at my tax notice and it is very obvious how someone could be confused. If you look on the Tax Notice you will see that it says Municipal Services Taxing Unit. In my case, my taxes went from $585,00 to $613,00, If we reduced the assessment, how can that be? The answer is very simple, The Non-ad valorem Assessment, which is what was reduced, does not appear on the tax notice that you received from Collier County. It is noticed separately, What is called a Municipal Services Taxing Unit is, in my case, exactly what you see there. The $618,00 is comprised of $23,00 for streetlights, $80.00 for the Sheriff and $515,00 for the Collier County Unincorporated Area General Fund, I asked Ms. Smith to provide me with some of the major items that are included in that number and it is Parks and Recreation, Landscaping Projects (not Pelican Bay, but elsewhere in the County) and road maintenance. Mr, Sutphin continued, ''When you look at your Tax Notice and the fact that the only one who has called me is Mr, Bawduniak, a lot of people have not looked at it", If they have looked at it and the fact that their MSTU Tax has gone up, does not concern them, I will keep that in mind when we do next year's budget. The reality of it is, that the only part of your local Pelican Bay Taxes that appear on your County Tax Notice are your Ad valorem Taxes for street lighting and Community Policing, Our Non-ad valorem Assessment is separately noticed and came with your issue of the Pelican Bay Advisor, The Notice was not on glossy paper, but on simple, plain paper 6191 1612 C Pelican Bay Services Division Board September 7, 2005 and said your assessment next year went down, The only documents that combine the two together on one piece of paper is the actual Tax Bill that you get from the County and you will see your Ad valorem Tax totaled about two-thirds of the way down and then you will see a line item for Non-ad valorem Assessments, which is totaled at the bottom. Unfortunately, anyone who has a mortgage and escrows taxes, is never going to see that because the escrow agent gets the tax bill and they pay it. If any of your friends and neighbors say their taxes for Pelican Bay went up, they didn't. Mr, Sutphin stated, "Since the police element is a favorite topic of conversation at these meetings and elsewhere, I thought I would amplify on that", Some of you may not know that every property tax payer in Collier County supports the Sheriff's Department, big time, through the Collier County General Fund, It also includes taxpayers in the City of Naples, In the case of a $500,000 taxable value, that number is $772,00 per year. To put our spending in perspective, Pelican Bay and the City of Naples, both made a decision to provide incremental police protection, over and above what is provided by the Collier County Sheriff's Department. We spend approximately $500,000, the City of Naples in excess of $5,000,000. An annexation FYI, which used to be called a Factoid, the City of Naples per capita spending for incremental police protection is more than five times that of Pelican Bay, I am not going to draw any conclusion from that because obviously municipalities elect the smartest people to run them and the two most recent cities in our area are Marco Island that chose to establish its' own police department and the City of Bonita Springs that has opted to contract with the Lee County Sheriff's Department, just as we do. Mr. Carroll stated, "The most dramatic number to me was that $772,00", Mr. Sutphin stated, "It is roughly 40% of your County General Fund Ad valorem Tax Assessment", I know $500,000 is a lot of money, but when you talk about it in relation to the total cost of law enforcement, in my case I pay a premium of approximately 7% to have 24/7 incremental police protection in Pelican Bay, In my personal opinion, that is a deal, but you are all entitled to your own opinions, Dr, Raia stated, "Most of that money goes towards the vehicles that the officers drive", 6192 1612 r '.., Pelican Bay Services Division Board September 7, 2005 ; Mr, Sutphin replied, "That is not true", Dr, Raia stated, "A good portion of it", It has come from an Indianapolis Study that shows where officers have their own cars, crime is reduced and I am not against that. If you are really paying a significant amount of money to reduce crime in the localities that the deputy's live in, we would be almost better off to pay $50,000 a year to each of four deputies and have them live in Pelican Bay and have four cars parked here strategically, We are paying $500,000 to have one vehicle here. Mr. Sutphin stated, "I don't disagree with you". If a private organization, like the Foundation or the Pelican Bay Property Owners Association, wants to subsidize the living expenses of the Collier County Sheriff's deputies, I think that is wonderful. It is kind of like the beach renourishment. This Board cannot determine how much the Sheriff pays a deputy or how much he gets in fringe benefits, If we want to hire incremental Sheriff's protection, this is the only game in town, How they spend their money is something I choose not to debate, It is a digital decision, yes or no, and if yes, how many? Naples went the other way and created an entire duplicate overhead structure, including personnel, administration, communications, etc, I am not saying that is better or worse, Mr. Bill Turner asked, "I am not challenging you on the numbers, but do you happen to have what the statistical numbers for the assessed valuation here is and what is the mill levy that the Sheriff applies and is approved by the Board of County Commissioners? What are those two totals? The $500,000 we spend, plus what we are assessed in our tax bill. What does it cost us for law enforcement here, between what we pay and what the County approves, with regard to the Sheriff's department? Mr. Sutphin replied, "It depends upon the value of your property". Mr. laizzo stated, "The taxable value of Pelican Bay is $4,600,000,000", Mr. Turner asked, "Have we looked at the discipline so that we have a fair evaluation"? What is our assessed valuation and the total amount paid to the Sheriff's Department for County services? 6193 1612 C SII Pelican Bay Services Division Board September 7,2005 . Mr. Sutphin replied, No and I will tell you why", As a member of this Board, as opposed to a taxpayer, I don't care how much the Sheriff's Department costs", What I know is that if I want to hire a deputy to work in Pelican Bay, it costs $100,000 a year for salary and fringe benefits, Mr. Turner asked, "Is this an appropriate question to ask or are you telling us no"? My question is do we have any idea what it costs us for law enforcement, including what we pay in County Taxes for just the assessed valuations here? We know what it is going to cost us with regard to incremental services, Mr. Carroll replied, 'We have all of those numbers", Ms, Smith stated, "You are paying $79,98 per resident", Mr, Domenie stated, "No, you need the County millage". Ms, Smith replied, "It is 3,8772", Mr. Sutphin stated, "Then it is 39,88% of that number, because that's what the Sheriff's Budget is as a percentage of the Collier County General Fund". Mr, Baron Herman stated, "I get the impression that if we don't give the Sheriff $500,000 we won't have coverage here 24/7", I think that is wrong, I think we would have coverage; they are sitting right in our subdivision, We don't see cars running through here all the time; we see them almost never and I don't think we get anything for that. I hear so many people that live in Pelican Bay say that. As far as I am concerned, the money is right out the window, I have a simple idea, The Sheriff can say okay, everybody, as you drive back to home base drive through Pelican Bay and give us a presence. Let the people see a lot of squad cars coming and going in Pelican Bay, Mr. Sutphin stated, "That is a good idea". Mr. Carroll stated, 'We are now at 5:30 P,M, and we did not get to all of the items on the agenda and can move them to our next agenda", AUDIENCE PARTICIPATION Mrs. Pat Bush - St. Pierre -, "I am no longer a member of the Foundation Board, but I am a member of the Annexation Committee", I would like to say that like the Pelican Bay Property Owners Association, the Foundation Board has also not taken a position on annexation", They 6194 Pelican Bay Services Division Board September 7, 2005 1612 C are not recommending that the voters vote for annexation, We are getting a "Prenuptial Agreement" and if we don't think all of the "I's" are dotted and we are not satisfied; the Foundation Board is not going to recommend to the voters of Pelican Bay that they vote for annexation, Back to the argument of do you get enough input from your residents, I frankly do not think that you do, The Foundation Board has made great efforts with advisory groups and Town Hall meetings. What I heard you say at the beginning of the meeting is that you rely on the people who come to these meetings, which hardly anyone attends or from what you hear on the tennis courts, I am on the tennis courts and I am hearing completely different things about the Sheriff than what you hear. With all due respect to Mr. Spanier, who has made an analogy to each of the members of congress, my husband has worked with the members of Congress and I can tell you they spend a lot of effort in getting the opinion of their constituents, I really think that you could do more than you do now to get the opinion of your constituents, Thank you, ADJOURN There being no further business the meeting adjourned at 5:40 P,M. James Carroll, Chairman 6195 1612 C 0 . 0 n ...... ~n 0 0 :Þ 0- ::r ~ t1) 0 ... Q. Ut ::I 3 Q. 3 DI -- t-J g 3 ::I .- -- -. - ::I 0 I» ., IJt ... -- ::I -- --In In 3 In In n ,... ::r -. t1) ... 3 g I» DI c ,... t1) t1) -c 0 :s ::I ... 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'co ICD CD - ::Tg ~ ëD a.C') :::J - o Q C':::J ;:¡a. ::T õ' ~ ~ :::J CD õ'a. .... - 3 ::T ~ ~ - õ' 0 :::J ~ ~ C' en :::J õº' :::J ::ECO ::Ten CD c :::J C" :;:3 CD ;::0: ~ ëD s::, en ~ g .... ::E ëD g a ã:,< c"c" CD ~, C') :::J OCO 3 ëD "0 S::. $!l CD ~ [ ~ - ::T CD ïl m s: » :en c 0 ~ 3 rr 3 DI C ::I ::I tD -. n~ ::r.... DI {It ~ {It -c tD tD <{It ~~ ""n o 0 ~ ::I 3,... c~ DI 3 DI u:2 tD PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit 16 12 C 7 RECEIVED SEP 3 0 2005 Board of County Commissioners NOTICE OF PUBLIC MEETING WEDNESDAY, OCTOBER 5, 2005 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEV ARD, NAPLES, FLORIDA 34108 ON WEDNESDAY, OCTOBER 5, 2005 at 3:00pm. 1. 2. 3. Roll Call Approval of Minutes of the September 7, 2005 Board meeting Audience Participation Impact of Pelican Bay Annexation into the City of Naples on Fire Protection Services - Fire Commissioner, Fire Marshall, Chief German and other representatives of the North Naples Fire District Chairman's Report Administrator Replacement - Status Ordinance Update - Bring pre-work Commissioner Halas Meeting - Clam PassIBeach Renourishment Sub-committee Reports Clam Bay Sub-committee Clam Bay Annual Monitoring and Improvement Schedule Clam Pass Inlet Beach Renourishment Budget Sub-committee Budget Resolution: Non-ad valorem assessment Unincorporated Area General Fund Levy (MSTU Tax) Preliminary FY 2005 Year End Balances ~ / Communicating with the Community Fiala =- I A/:=' Red Flag/Green Flags Halas, "V-/ Capital Projects Henmn9=./ =- Oakmont Lake Bank Retaining Wall Coyle II ~ Coletta - Irrigation and Landscape Improvements System III & IV Retention Area Improvements - Test Area Community Issues U,S. 41 Street Lighting Sidewalk Overlays Hurricane Charley Storm Damage Committee Requests Future Town Hall Meeting(s) - John Domenie Audience Comments Adjourn 4. 5. 6. 7. 8. 9. ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSéN~ES TO APPEAL ANY DECISION MADE BY THE PELICAN BâtèY SERVICES II,! //oS Item #j/P J ;; c 7 r ',ipS t'): 16 12 C 7 DIVISION BOARD, WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay - located in the County's District 2 MINUTES BUDGET SUB-COMMITTEE September 21, 2005 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 21, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: 16 J2 C 7 A RECEiVED SEP 3 0 2005 Board of County Commissioners Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. Matthew Mathias Mr. David Nordhoff (Absent) ALSO PRESENT: One (1) resident and three (3) members of the Pelican Bay Services Division Board; Mr, John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, / Field Manager, Pelican Bay Services Division and Ms. Jean Smith; Operations Analyst, pelici Bay Services Division; , .. /' . Fiala ~ AGENDA Hala~ 1/' Hennmg 3Z: Coyle ..,-/ Coletta /./ 1, 2, 3, 4, RollCall Approval of Minutes of the May 18, 2005 Meeting Audience Participation Review Unincorporated Area General Fund Taxes - do we have an opportunity? Getting Community Input - What? How? When? Sub-committee Requests Adjourn 5, 6, 7, ROLL CALL Mr, Sutphin called the meeting to order and asked that the record show Mr, Nordhoff with an excused absence, APPROVAL OF MINUTES OF THE MAY 18. 2005 MEETING Mr. laizzo moved, seconded by Mr. Mathias and approved unanimously, the Minutes of the May 18,2005 MeetIng. AUDIENCE PARTICIPATION Mr. Sutphin stated, "Mr. Burke, I will call on you since I believe it was you who distributed this Annexation Report". Would you care to tell us what it is and where it came from? Mr, Burke replied, "Last Friday afternoon I was made aware that the Naples City Administration had prepared their Urban Services Report", I went down to the City Clerk's office and obtained a copy, It was given to the City Council Members in preparation for their workshop Mise, Corres: this past Monday. This is the report they are using to proceed and is the basis of their qUeS];.io s Date:-.LJj I 0 s:. ·X Item #: J It; C 7a-- 417 Copies to: Budget Sub-committee September 21, 2005 1612 C 7 A'" and answers, The Council Members raised as many questions as the Report answered. A couple of people, including Mr. Spanier and another individual looked at the numbers on this and if any of you have ever asked the question of why do we not want to be annexed or why does the City want us, you can pull out of this the fact that the City picks up a minimum of a $19,000,000 financial windfall over the first ten years; scrap the first four years, they are irrelevant. The $19,000,000 is a minimum and could go to $30,000,000-$35,000,000. There are some City fathers, the better business people, who are supporting annexation who have said to me that the $19,000,000 is conservative, It is a hard number and you can get your hands around it. For me, that is the reason the City wants to go through all of this trouble, It is not so easy for me to figure out why we want to be annexed and the answer I received was that you are going to get better government. Am I going to get a reduction in taxes? No, it will be about the same, Am I going to get better services? No, they will be about the same. You are going to get better government. To me, that is where this is now, I asked Ms, Smith to get this out to each of you so that you could see it. Mr. Sutphin stated, "This is obviously in the public domain". Ms. Smith stated, "I have not given this to other Board members", Mr, Sutphin replied, "I think you should", It is not an agenda item for this meeting and I thank Mr. Burke for making it available, Mr. Burke stated, "I think it would be good for all of the Board members to receive it", Mr. Sutphin stated, "As a matter of interest, I read the last couple of articles in the Naples Daily News on annexation and as far as I am concerned, there is nothing new". Mr, Burke stated, "Both Mr, Spanier and I were at the workshop and neither one of us spoke", There were some speakers from the City of Naples and their comments were, "bigger is not better", Obviously, with that kind of a financial windfall, I think they need the money, That is pretty powerful. Mr. laizzo stated, "Yes, there are two issues; municipal power and the money", Mr, Sutphin stated, "About six months ago I did a discounted cash flow analysis on annexation, based on the numbers that were available at that time and they really haven't 418 Budget Sub-committee September 21, 2005 161 ~ changed", It showed that if you looked at it from the standpoint of the City of Naples making an investment in Pelican Bay it has a discounted rate of return, and I believe I used a figure of 4% as the municipal cost of money, of approximately 39%, It is not a bad deal and is an investment that you would make if it were your money, Mr, Spanier stated, "In addition to the money to the general taxation, this Report deals with two significant surcharges that will be assessed on Pelican Bay residents that have never been mentioned before", One is the utility tax surcharge, which the City uses to fund all of its' capital programs that will be charged directly on our utility bills, There is also a telecommunications service surcharge that would be charged directly to the Pelican Bay residents, When you read the projections, not only of the General Fund, but the two additional funds that fund all of the City of Naples Capital Works, as well as their contemplated improvements to the stormwater system, you will see they will net out, in addition to the $19,000,000, approximately another $6,000,000-$7,000,000, After deducting all of the costs of setting up Pelican Bay and combining services, that is our gift to them and it is coming out of our pockets, Mr. Sutphin stated, "One item of interest". We had our Budget Hearing for the Non-ad valorem Assessment before the Board of County Commissioners on September 8th, Our portion of the agenda lasted somewhere between two and three minutes, The budget was approved and the only question that was raised was by Commissioner Halas and even though I covered it in my presentation, he wanted to be assured that the taxpayers in the District had been apprised that this was a one-time reduction and that the assessment was going to go back up. I assured him that we had done that via the Pelican Bay Post and the Pelican Bay Advisor and Mrs. Smith sUbsequently mailed copies of those article to his office so that he has his posterior covering in place, if the issue ever comes up. REVIEW UNINCORPORATED AREA GENERAL FUND TAXES - DO WE HAVE AN OPPORTUNITY? Mr. Sutphin stated, ''The General Fund levy is an item on our tax bill, that everyone is Pelican Bay pays by virtually being a part of Unincorporated Collier County", This is the specific 419 --,_._- (' 7 þ ~.. /I ' Budget Sub-committee September 21, 2005 1612 C 7 tax that would be replaced by the City of Naples General Fund Tax, if we were annexed, Mr. laizzo, among others, has been quite vocal that he feels that there are areas in this levy where we are in effect paying twice for the same service, I discussed it briefly with Mr, Petty and I can't remember the word he used to describe this effect. Mr. Petty replied, "I referred to it as Fair Share Revenue", To make matters clear, this is not the General Fund Levy, this is the MSTU overlay levy, Mr, Sutphin stated, "It is called several different things and it is one of the causes of confusion on the tax bill, which I went into at the last Board Meeting", Mr. Petty stated, "On the tax bill it says Municipal Services Taxing Unit and there are specific responsibilities to that name", Mr. laizzo stated, "I thought the Unincorporated Millage was equivalent to the General Taxes that we pay for the County", Mr. Petty replied, "No, sir", Remember, government has to be fund specific, If a government raises revenue, it must create a fund specified for the use. We can't just put a tax out there and say we are going to spend it for whatever we want. We have to tell the taxpayers first. The General Fund is where the general responsibilities of the County lie and is the basic services that we get from the County. Ms, Smith currently shows it as 4,16 mills, That is the County General Fund levy, For the Municipal Services Taxing Unit, which is for services above and beyond what is considered to be those provided to everyone in the County, they overlay that into the Unincorporated Areas of the County and say we are going to give you extra services above and beyond what we would normally do as a standard County service. Those are going to include, on face value, landscaping and streetlights, but when you look at the list of items that are being funded, it is quite a list. Mr. Sutphin stated, ''The next two pages in your package are a listing of items in this tax levy", Two items on your tax bill that are Pelican Bay specific are street lighting and security. They are divided into two general categories, operations and projects, The handout that Ms, Smith provided at the start of the meeting happens to be landscaping projects, Since landscaping is our single largest area of expense in Pelican Bay, it also appears as an 420 Budget Sub-committee September 21, 2005 1612 "7 .J ... Unincorporated MSTU tax item, with a whole list of projects under it. It is a lot of money and the reason that I am showing this is not an attempt to analyze it in detail, but to raise the issue, is there an opportunity for PBSD, since we provide some of our own services in this same area, to have a negotiation with the County to attempt to get some relief? Mr, Petty felt that it was worth exploring and I have agreed that when the appointment is made with the appropriate person, I will attend that meeting with him to see if there is anything worth pursuing, The attempt would not be to go through it line-item by line-item, but try to negotiate some tax relief, simply because we are performing work here, that if we didn't, the County would have to come in and do it for us, Hopefully, there is something there and in a month or two we should be in a position to report back to this Board that we were either successful or unsuccessful. I will leave it at that for this meeting, Mr. Petty has agreed to see who the right people might be to talk with, GETTING COMMUNITY INPUT - WHAT? HOW? WHEN? Mr. Sutphin stated, "The Pelican Bay Services Division Board has been criticized, both externally and internally, by people who attend our meetings and Mr. laizzo, that we do not seek community input in our decision processes", I think to an extent, that is true, although I will have to say, in general, most people even when asked, are reluctant to say anything, A real life example is that I wrote the articles for the Pelican Bay Post for two years, It was a minimum of once a month and in season it was twice a month and occasionally I would throw in a Budget Sub-committee article. Everyone of my articles ended with the sentence; "If you have any questions on this or any other issue, please feel free to email me at., ," In two years I probably received thirty or forty emails and 80% of them were from the same three or four people, I answered every letter as precisely as I could, as an individual, not on behalf of the Board. If that is an indication of the interest of the community in asking questions about what this Board is doing, the conclusion I come to is that 98% of them do not care, unless it is an issue that hits a "hot button" with that individual and then they are very vocal. In general, they do not appear to be all that interested in telling us how they feel about things, Mr. laizzo stated, "If you are going to seek responses from the community, you should certainly seek it when there is money being spent outside of the mandatory and essential levels", 421 1612 C7 J Budget Sub-committee September 21, 2005 .... That is when I suggest that you go to the residents and ask them if this money is appropriate to spend, Mr. Sutphin stated, "The question is how"? I have given this a lot of thought", I am proposing that we start with a very simple questionnaire and I took a shot at designing one to get something out to our constituents and ask them a couple of simple questions, The vehicles we have available to us that don't cost significant monies are the Pelican Bay Post, the PBSD website, which right now is virtually non-functional, but Mr. Petty has taken on as a task to get it updated, including the ability to post something like this on it and get answers. We have up and coming, towards the end of this year, a Clerk of Court mailing because there are some Board Members whose terms are expiring and there will be a selection process in the December/January time frame. I took at shot at this last year and we could not get past the wordsmithing on the questions and I gave up, We are starting a little earlier this year and we can set up to collect responses by either snail-mail, if someone is willing to invest $,37 in a response; email or telephone, Mrs, Smith has already told me that she would be more than happy to take telephone responses to specific questions, such as Question One, Answer "A", Through the interactivity that is going to be built into the website, if we choose item #3 on how we get the information distributed, then obviously we would encourage people to submit their answers along with their ballot if they choose to vote, back to the Clerk of Court, Using the Clerk of Court is a little more tedious, in that we need to actually get the Board of County Commissioners to pass a Resolution authorizing us to do it, but we got far enough along with it last year, that I think they will do it. It doesn't cost them any money and is something that is going to go out anyway, The incremental cost to us would be very small, compared to a direct mailing to our constituents, Between the Pelican Bay Post and our website, we have the ability to get something out there, essentially free, Mr. Sutphin continued, "I proposed four questions that cover two basic areas", The first is our favorite and most contentious area of spending, security, I thought it might be interesting to start with just a general question of, 'Where do you feel the safest, Park Shore, Pelican Bay or Pine Ridge"? Pine Ridge being an upscale community that has no incremental security beyond 422 Budget Sub-committee September 21,2005 1612 C 7J the basic County Sheriff's Department. Pelican Bay that has historically spent money on supplemental security and the City of Naples, Park Shore, which has a dedicated police department. I have no idea how those answers would come back, Mr. Mathias asked, 'Would you give them an option "D", which says I don't know, or do you want to force them to choose one of the three provided"? If you leave it as is they are going to answer one of the three, so you are going to get an answer, Mr. Sutphin stated, 'We could certainly include, "none of the above" in all four of these questions", Mr. laizzo stated, "I would want to put the City of Naples in there also", Mr. Sutphin replied, "Park Shore is the City of Naples and I chose it for a reason". Number one, it starts with a "P" and I thought it would be nice to have Park Shore, Pelican Bay and Pine Ridge, It is an upscale community and is a mixture of condominiums and single-family homes that have a lot of demographic similarities to Pelican Bay, I picked Pine Ridge because it is close, Everyone knows where Pine Ridge is and if thieves tend to go there, rather than here, it might tell you something, Mr. Mathias stated, "Not that you have to adopt these, but my feedback would be add a choice "D" and say, "I don't have a clue", In other words, I don't know and have no opinion and for "C" you might want to say Pine Ridge Estates to add more clarity, Mr. laizzo stated, "This also assumes that the people who respond have lived in Park Shore and Pine Ridge", Mr. Mathias replied, "No, you are gauging their perception", Mr. laizzo stated, "Then put it down as their perception", Mr. Mathias replied, "I believe, "In your opinion" is a good question". Mr. Petty stated, "The intent of this, if I understand our conversation, is to get a better feel for the pulse of the residents of Pelican Bay, with regard to what their issues are with the budget and how we spend the money", We had talked about the issue of how you word some of this, It may be that with the issues of safety and security and the text coming in with people having various opinions, we may want to get simpler versus more complex. Instead of adding line items, 423 1612 C7 A Budget Sub-committee September 21, 2005 maybe we put the issue of safety and security, along with the other duties that we have and ask the residents to write them in their order of priority, Mr. Sutphin replied, "At some point I would like to do that, but the security issue has been a singular "hot button" item for the five plus years that I have been on the Board, almost to the point of being irrational". Mr. Mathias stated, "To Mr. Petty's point, that might be a vocal minority". Mr. Sutphin stated, "I was very careful in the way I phrased question #2", What you hear when someone gets up in these meetings is, why are we spending $500,000? That is like asking why is Collier County going to spend $50,000,000 for a zoo? I don't think that is the issue, Simplistically, what I am saying here, is that the average Pelican Bay homeowner, and we use $500,000 taxable value as the median cost, spends approximately $5,00 per month for security, That is what people get up and rant and rave about. I would like to know if they favor spending $5.00 per month, do they want to cut it back to three deputies and only spend $3.00 per month? That is the cost of a Big Mac, Do we want to do away with it completely and save the cost of a super sized Big Mac with a Happy Meal on the side? That's what we are talking about. Mr. Petty stated, "There have been two issues brought up", One was that we have been charged with not responding to the needs of the Pelican Bay residents; we are not hearing them, hence, the need to check the pulse of the Pelican Bay residents in regards to what we are doing, Mr. laizzo brought up that he would like to see additional parameters added, when we go to additional services, Mr, laizzo would like to see something akin to a referendum, without possibly being that expensive, but some way of polling the people to get positive responses before adopting such a service. Those are two different levels of communicating with your residents and finding out what they would like you to do as their representative, As a representative, you have to make a decision whether they talk to you or not, and providing those services is what this Board has decided to do in the best interest of Pelican Bay, based on what they have heard to date, When people ask why are you doing this, it is because that is what we have been charged with doing and our responsibility, but we are open to comment at all times, I think there are two 424 1612 C7J Budget Sub-committee September 21, 2005 issues, One is if we are going to get into specificity about any particular service we have, I think we are going to get contentious, The more we add specification to it. Mr. Sutphin replied, "I agree with you". Mr. Petty stated, "I think your main objective here is to gauge the pulse of the people of Pelican Bay and then focus on how we ask them questions, to whatever gets the best response in the future", If it turns out that they focus on our website, then let's focus on that. Mr. Sutphin replied, "I agree and we will get back to that in a minute". I have a third objective here and it is kind of sinister, if you will. I have a feeling that even with simplistic questions like these, the rate of response is going to be surprisingly low, Mr, laizzo stated, "Give it a chance". Mr. Sutphin stated, "I would propose, as an example, if we use the Pelican Bay Post, which is free and they do print what we ask them to print, to print the same thing in three or four consecutive issues". Even people who don't read it all of the time will probably see it once in three or four consecutive issues. Mr. laizzo stated, "Or possibly hear it from their neighbor", Mr. Sutphin stated, "I was delighted when Mrs, Smith said she would take responses over the telephone, because they don't even have to write anything", It they are email illiterate, all they have to do is pick up the phone and call Mrs. Smith and she will take their answer. I can't think of any way to make it easier. That also argues the question to keep it simple and the caveat will be that if you want to amplify your answer with a couple of paragraphs of text, Mrs. Smith is not going to take dictation over the phone, You will either have to write it down or send it by email. Every Board Member will receive a copy of every written response. It does not say that every Board Member has to read it, but they will receive it. Mr. laizzo stated, "Could it be posted at the next meeting, rather than everyone receiving it separately"? Mr. Sutphin replied, "I wouldn't propose putting four hundred responses on an agenda, if that is what it turned out to be", The response is to Mrs, Smith, who will collate them. Anything beyond an "A, B, C, or 0" will get sent to every Board Member, just as letters from residents who 425 Budget Sub-committee September 21. 2005 16 12 write to the Board are presently disseminated, They very seldom appear as an agenda item, but they are distributed, Mr. Sutphin continued, "The second question was a simple, in general, what level of spending are you comfortable with for community beautification"? It is our largest single area, non-capital, expense, Again, I used the monthly expense approach of which area do you think appears better and you don't have to live here to answer that one, The choices are Park Shore, Pelican Bay and Pine Ridge. I would be very surprised if Pelican Bay did not come out on top, but who knows, there could be people who think that Park Shore looks better. The fourth question, it costs approximately $20,00 per month per homeowner to have Pelican Bay look the way it does, In your opinion, is that not enough, about right or too much? Mr, laizzo stated, "I see nothing wrong with that, however, this Board has the responsibility of maintaining and preserving this community, end of story, simple as that", Any time we go beyond that, to enhancement or beautification beyond norm, that is when you want to get the word out in the Post and in your write-ups to tell the public this is what we are going to spend, do you care to spend it? Give the residents ninety-days to respond, Mr. Sutphin replied, 'What is the norm"? Mr, laizzo replied, "The norm is maintaining your lawns and shrubs; all the things that we basically do", Once you go beyond that is when you want to pulse the community, Mr. Sutphin asked, "Vou don't think it is necessary to question the single largest expenditure in our budget"? Mr. laizzo replied, "That is questionable". If is outside of the mandatory or essential level expenditures of this Board, that is when you need to go to the community to ask if you want to continue spending this money or would you rather do something else? Vou need to give them some options, such as private security, or Collier County Security or no security. Make it simple. Mr, Sutphin replied, "That is what I did in question one", Mr. laizzo replied, "Ves but you are talking about Park Shore", We don't know what kind of security they have. Mr. Sutphin replied, "They have the City of Naples Police Department". 426 f' . U 7 J Budget Sub-committee September 21, 2005 1612 C 7 A Mr. laizzo replied, "Okay, then let's say it that way", Mr. Petty stated, '" am going to recommend that we not get into the specifics, but more into generalities", The residents are not capable of comparing private security to the Sheriff's Office, They have no statistics, Mr, Sutphin stated, "The issue of private security came up a year ago", I take the position that we are in the public services business. If the community wants private security, they have a master homeowner's association that is perfectly capable of hiring them, We either provide public security, if the residents want it, or we don't. Mr, Petty replied, "That is my point", In a simpler format you ask them if they believe that security in Pelican Bay is good at its' current level, should it be increased, should it be decreased and what is that on a priority to landscaping, street lights, signage and the other issues that we have? Mr, Sutphin asked, "You would not attach a dollar figure to it"? Mr. Petty replied, "No sir, I wouldn't and there are a couple of reasons for that". We provide a service for police patrol based on our interpretation of what the residents wanted, which was increased security, As stewards of the public trust, we went out and found the best one we felt was available, which was the Sheriff, That is what we are supposed to do, You can't have each resident go in and negotiate with these public and private agencies, It has to be done by the representatives and that is what we have done, Now, are you satisfied with that or would you like to see more? Those are questions on a poll, where somebody sitting all day filling out forms can skew the answers, One angry man can fill out a lot of responses, Whatever comes in, you are going to have to take with a grain of salt anyway, We are trying to get the pulse of Pelican Bay in response to what we are doing and to give us further direction, not for this year because that is already set in the budget, but for forthcoming years, What is the best medium to talk to the residents in, other than the networking that you already established as individuals? Therefore, if you ask simpler questions such as, do you like the landscaping as it exists or would you like to see it increased, would you like to see more flowers? Simpler questions can give you a much stronger response and I believe that is what you want. 427 1612 C7~ Budget Sub-committee September 21, 2005 Mr. Sutphin replied, "I don't disagree with you on the landscaping issue", The reason I feel very strongly that the security issue should have a dollar figure attached to it, is that it has gotten so much rhetoric in this room, that I do not think that the average homeowner understands it costs them a great big $5,00 per month. It has almost been irrational that the Sheriff's deputies are a waste of money, that we are spending a fortune and they are never here, which is not true. They can be called out of Pelican Bay on an emergency, which is true and is why they are public law enforcement people. Mr. Mathias asked, ''This Budget Sub-committee is not making the decision to do this, are we"? We are just making the decision to submit to the Board for their concurrence, or am I wrong? Mr, laizzo replied, 'We are going to make recommendations", Mr. Spanier stated, "I think that there has been some very good work put into this and the underlying notion that government by referendum is a very intriguing one", It seems to me that if we want to tap into the pulse of the community in a more meaningful way, we are overlooking a very important tool in the organization within our community of the condominium associations, homeowner's associations and the President's Council that tries, periodically, to inflate the thinking, It seems to me that it is the habit of people who live near each other, to talk about "gee isn't this terrible, wouldn't it be nice if", These matters come up, or can come up, in the regular meetings of groups of owners, I think that a more practical system, that would have more substance and continuity in providing us with more viable insights, would be to work on a simple system of setting up a regular communications dialog, with the heads of these associations, If periodically, for some reason, we wanted to conduct a referendum with the residents, I think I would distribute questionnaires to the associations and give them the responsibility of following up and returning the viewpoints of the residents, Mr. Sutphin replied, "In a perfect world, I think your suggestion has a lot of merit", First of all, your suggestion would require the commitment of an individual on the Board to become the communications champion and get it done, If I can just use as an illustration, the time we have spent talking about two relatively simple questions in the Pelican Bay Post, it could take years for 428 16 12 C 7 Budget Sub-committee September 21, 2005 the Board to agree on the size of the piece of paper and the wording of the questions and how much notice to provide. If someone wants to take the initiative and become the communications champion, I would welcome the input and you sound like as if you are up for the job, I would welcome the input. Anyone who wants to volunteer for anything can do so, Mr, Spanier stated, "You have to bear in mind that whether we go the route of a questionnaire and throwing the burden on our office staff of counting responses, or go the route of sending out a communication to the individual groups of homeowners, the burden of administration follow up is going to be in the office". That is where it is going to be, A member of the Board can oversee the process and collate the input for Board consideration, I redirect your attention to the point of view that many of us had on the survey conducted by Mrs, Bush and how unreliable we thought those results were and whether we thought they were representative of anything and the embarrassment and controversy that it caused, I do believe we have, at the head of each of our condominium and homeowner's associations, volunteers who are motivated to deal with issues that affect their neighborhoods, which is what we are talking about. Mr, Sutphin replied, "I don't disagree with you", I guess you have collectively talked me out of this", Mr. Burke stated, "I wouldn't see this as asking the people what we need to do". This, to me, is getting a sense of the community. Let's say that we do get 500 responses to the safety and security issue, we have that to use when we get into the next budget planning process. Let's suppose that we get a sense from this that the people that did respond are okay with what we are doing now, most of them are going to say they feel more secure in Pelican Bay, They are not going to say I live in Pelican Bay, but when I want to feel secure 1 will drive over to Pine Ridge and sit there, That sets them up and when they come to the safety and security issue, maybe they say that is why I feel secure here, I think you need to put the dollar figure in there because that $550,000 figure is whipped and there are a lot of people today that swear by it. The Sheriff is never here and I am paying $500,000, When you get it down to the fact that I am paying $62.60 per year, or $5,00 per month, maybe it is not too bad, You have two, three or four very anti-PBSO people active in the community, They had an agenda item on there where they 429 161¿ l; 7 ~ ~'I Budget Sub-committee September 21, 2005 wanted to get in here and rip us a new one, They got on the phone, called their troops and each of them got four or five people to show up, That packs the room, If we put security on the agenda, we know this room would be packed, but it is the same people over and over. You could almost put their names on a sheet of paper. Mr. Burke asked, "How does the average person in Pelican Bay even know we are having a meeting?" Everyone should know by now that we meet the first Wednesday of every month at 3:00 P,M. How do we publicize our meetings? They pretty much have to seek us out. Mr, laizzo stated, "Mr. Domenie covers the issue in the Pelican Bay Post and whenever the Post is published it is there", Mr, Sutphin stated, "I have some thoughts on that and I was going to get to that". The first step is the revitalization of our website, As I said earlier, Mr. Petty has committed to get the website updated and moving forward, so that we can not only post real time communications, but use it for interactive communications, Something that I have called to some people's attention is that Bay Colony has started a weekly email newsletter update, I guess Bay Colony is atypical because we publish an annual directory that requests people to send in their address, phone numbers and em ail addresses, they have an email mailing list that reaches something in excess of 60% of the community, With the push of a button, you have something that reaches 60% of the community, I emailed the Foundation and asked them if they had such a database and believe it or not, they do not. I was appalled to find that out, but it is true, I have asked Mr. Connell if the Pelican Bay Property Owners' have an email database and he does not believe they do, Mr. Burke stated, "Even the President's Council emaillist is updated", Mr, Sutphin stated, '" believe that over time we could accumulate an email list by starting with the Pelican Bay Post, asking people to join a list by simply emailingMrs.Smith and you will be on it". As the list grows it becomes an increasingly viable way to get the word out", It would take Mrs, Smith all of thirty seconds to send the agenda for a Board Meeting to everyone who has sent an email address in, That is the world we live in and shame on us if we don't take advantage of it. If we want to solicit community input via an interactive website, the tools to do 430 1612 C 7J Budget Sub-committee September 21, 2005 that can be built into the website, it will tabulated for you and once you have it up and running, it is free, Mr, Petty, am I right? Mr. Petty replied, "Not quite", None of that would be free. It all requires work and all requires maintenance and there are fees for everything. Each member of this rather large Board has these tools to currently work with; their existing network of friends and family who live in Pelican Bay, any community participation that they do through a homeowners association or other projects within Pelican Bay, which I understand are considerable, information dissemination, which is through newsletters, public hearings, public meetings and other such mailings that the Board might provide from time to time, Other tools that you might want to add to that are emails, surveys and polls, There is no magic bullet in any of this, If you wish to look at additional ways to talk to the residents of Pelican Bay, because you feel you have some room to improve, you may want to consider the options you have brought forth, but they will not supplant your existing tools, they are additions to, A survey cannot take precedent over what you know in your conscience to be right, nor can it supplant what you know from your own network, The survey is not going to come in with a 100% guarantee that this is what the people want. We don't have that technology available to us, nor do I think we are asking that for all issues, that every one of the homeowners has to vote, Keep that in mind, that it is an additional tool and you would be improving your additional tie-in to the residents and there are costs associated with all of these, Mr. Burke stated, "Along that line with landscaping, if it came back that the sense of the community was I like what you are doing and don't be afraid to spend more if you have to, we have that in our back pocket and know that the community is supporting what we are doing", Along comes a project like the East of The Berm Project and we say we need to do that. The community is saying do more, do it better. We could then go out to the community and say we are looking at doing the following things east of the berm, we need your input. You have told us you want us to continue to upgrade the community and we are going to have a meeting on the 3rd, come in and talk about it. Do something to spike them up and get them in here, 431 1612 C 7 Budget Sub-committee September 21,2005 Mr. Sutphin stated, "I keep getting back to the website, it would be nice that for a project like that there was an artist's rendering on the website, as to what this might look like when it is finished, or to get back to something that was aborted a couple of years ago, the infamous Oakmont Lake Project", I keep getting back to websites and email, because in spite of what Mr. Petty says, compared to other means of communications, they are the most cost effective way to get to the largest number of people, if you can get people to go there. I have probably gone overboard, I resent things that come on hard paper and envelopes and I tend not to look at them. I read more junk email than I do junk stamped mail, because 1 do not have to tear it open and unfold it and I don't accumulate a trash can full, I just click and it is gone, If I want to respond it is easy and it takes all of the pain out of it. Mr. laizzo stated, "Pursue the email idea", Mr. Sutphin replied, "Yes, but that is going to take time and could take a couple of years to build up a meaningful email database, but we have to start at some point", Mr. laizzo stated, "Start at ground zero". Mr, Sutphin stated, "The other reason I really think we need to get the website up to snuff, is that as part of the paperless communications program that this Board approved, we committed to have all documents available on the website and we haven't done it. You can't go to the website and look at the last Clam Bay Annual Monitoring Report, it is not there, The Board passed a motion that we were going to charge $200.00 a copy if someone wanted it, but they could get it free if they went to the website, but the reality is that they can't. We did not follow through on our commitment, so we are in violation of our own covenants. Mr. Sutphin continued, "To be honest I included the second question on landscaping only because I did not want to have a one question survey". I personally feel that the security issue has been a "hot button" for five years, for all the wrong reasons, and that we ought to take another shot at getting some real input, in whatever manner the Board chooses to do it. Mr. Carroll, before you got here I pointed out that a year ago we almost got a questionnaire out, but the Board got hung up on wordsmithing and the deadline passed and it didn't get done. Maybe this year we will have better luck, 432 Budget Sub-committee September 21, 2005 1612 C 7J Mr. laizzo stated, ''These questions are good, but in question four I think all you need to say is, I favor increased spending for landscaping and beautification", You don't have to go beyond that. The same applies to the second question, without getting too wordy, You only need two sentences, and then we have something to work with. SUB-COMMITTEE REQUESTS Mr, Sutphin stated, "My last item is a request for Ms, Smith", The Fiscal Year ends at the end of this month, Ms, Smith, for the Board Meeting on October 6th, if you can, I would like to be able to show year-end un-audited Operating Fund Balances, which in essence, are going to tell us how much we under spent the Operating Budget for the Fiscal Year. Historically, we have been under spending by approximately $200,000 and my guess is that is where we should come in again this year. Ms, Smith stated, "Mrs. Smith gets the packages out on the 30th", Mr. Sutphin replied, "I don't need it on the 30th", I would like to have it for the Board Meeting, Ms, Smith replied, "I can do it as a handout", Mr. Sutphin replied, "That is fine". In November, for the Board Meeting, we will have a full report on the Fiscal Year ending September 30th, Mr. Carroll asked, 'Was there any discussion about the Monday Meeting where there were a great number of words around the fire department's charge of 1 mil and the pursuit by some members of City Council to ask them to identify the incremental costs of serving Pelican Bay"? What was being pursued was that Pelican Bay is funding a good portion of District 2 fire protection and if they were just in Pelican Bay serving us, what would it cost? The fire department could not answer that question, or didn't want to, They finally ended up committing themselves to trying to produce some study as to what this hypothetical thing would be, I don't know where that is going to go, but that seemed to be the most contentious and lengthy discussion of the entire two-hour meeting, 433 Budget Sub-committee September 21, 2005 1612 C Mr. Sutphin stated, "I thank you for your input, but that is outside of the scope of the is interesting. purview of this Sub-committee and I would submit, outside of the purview of the PBSD Board", It Mr, Carroll stated, "I don't know whether that cost factor interacts with us or not", issue from anything to do with the Pelican Bay Services Division", Mr. Sutphin replied, 'We are not in the fire protection business and I think it is a separate ADJOURN There being no further business the meeting adjourned at 4:00 P,M, Mr, Chris Sutphin, Chairman 434 7~ I'l.~a' 1 h ,? Page 1 0'"7 A C ( smith_b From: Johandomenie@aol.com Sent: Monday, September 19, 2005 2:14 PM To: smith_b Subject: Annexation Hereunder is the text of my presentation at the Naples City Council Workshop on Monday September 19th - Item 7: Pelican Bay Annexation Process Status Could you include a copy in the package going to each Board member for the next meeting, Please, MAYOR BARNETT VICE MAYOR WISEMAN COUNCIL MEMBERS THANK YOU FOR GIVING ME THE OPPORTUNITY TO ADDRESS A FEW WORDS TO YOU. MY NAME IS JOHN DOMENIE, I HAVE BEEN A PELICAN BAY YEAR-ROUND RESIDENT FOR 18 YEARS. I HAVE SERVED ON THE BOARD OF THE PELICAN BAY PROPERTY OWNERS ASSOCIATION, AND PRESENTLY IN MY SECOND TERM AS A MEMBER OF THE BOARD OF THE PELICAN BAY SERVICES DIVISION I WOULD LIKE TO CORRECT A MISCONCEPTION WHICH EXISTS WITHIN PELICAN BAY, AND PERHAPS WITHIN THE WALLS OF THIS CHAMBER REGARDING THE POSITION OF SOME MEMBERS OF THE PBSD BOARD REGARDING ANNEXATION SOME PEOPLE OR ORGANIZATIONS SAY WE ARE AGAINST ANNEXATION. THAT IS NOT CORRECT. AT THIS POINT I AM NOT YET IN FAVOR OF ANNEXATION AS THERE ARE STILL SO MANY UNRESOLVED ITEMS - SOME OF WHICH MAY HAVE BEEN ADDRESSED HERE TODAY. 20 MONTHS AGO THE PELICAN BAY POST, A PUBLICATION OF THE PELICAN BAY FOUNDATION, SOLICITED A POLL FROM ITS READERS. AT THAT TIME LITTLE WAS KNOWN ABOUT ANNEXATION, BUT THE POLL - WHICH INCLUDED ELIGIBLE VOTERS AND NON- VOTERS - REFLECTING LESS THAN 25% OF THE RESPONDENTS, INDICATED A PREFERENCE TOWARDS ANNEXATION. IN JANUARY MAYOR BARNETT, AT THE INVITATION OF THE FOUNDATION, PARTICIPATED AT A MEETING AT WHICH I INQUIRED IF THERE HAD BEEN ANY STRAW POLL WITHIN THE CITY OF NAPLES REGARDING ANNEXATION - BUT THUS FAR NO POLL HAS BEEN TAKEN. YOU AS MEMBERS OF THE CITY COUNCIL HOWEVER HAVE INDIRECTLY SUPPORTED ANNEXATION BY AUTHORIZING THE EXPENDITURE OF AN ESTIMATED $100,000 TO PREPARE A PRELIMINARY URBAN SERVICES REPORT IN DECEMBER AND ADDITIONAL REPORTS CURRENTLY. THE FOUNDATION HAS SPENT IN THE HIGH SIX FIGURES ON LEGAL AND RELATED EXPENSES REGARDING ANNEXATION AND POTABLE WATER. SO LET ME JUST MENTION A FEW OF MY CONCERNS: 9/28/2005 16 r 2pagecOf2 7 BEING A MEMBER OF THE PBSD I AM VERY CONCERNED ABOUT THE DEMONSTRATED ABILITY OF THE CITY TO MAINTAIN AND CONSTANTLY UP-GRADE THE STANDARDS WITHIN PELICAN BAY FOR WHICH WE ARE RESPONSIBLE: BEAUTIFICATION, LANDSCAPING, STORM WATER MANAGEMENT, LIGHTING AND THE 570 ACRES OF MANGROVES. EVERY INTERSECTION IN PELICAN BAY RECEIVES FRESH ANNUAL FLOWERS THREE TIMES PER YEAR - WILL THE CITY DO THAT? WILL THE CITY TAKE OVER THE MONITORING OF THE MANGROVES? WILL THE CITY COME AND RAKE OUR BEACHES? WILL THE CITY CONSIDER ADDITIONAL LIGHTING ALONG PELICAN BAY BOULEVARD? WILL THE CITY CONTINUE TO REPLACE OUR AGING SPRINKLER SYSTEMS? AND DO YOU KNOW THAT - ACCORDING TO THE FOUNDATION - THE TAXES YOUR RESIDENTS PAY WILL PAY FOR THE LANDSCAPING, MAINTENANCE, SPRINKLING AND TRIMMING ON ALL THE PRIVATE PROPERTY OWNED BY THE FOUNDATION AT AN ESTIMATED COST OF $300,000 - $450,OOO? AFTER ANNEXATION WILL PELICAN BAY HAVE TO CONTRIBUTE TO PAY TO UPGRADE THE CITY'S STORM WATER MANAGEMENT? WILL THE RESIDENTS OF PELICAN BAY PAY FOR THE BURYING OF ABOVE GROUND POWER CABLES IN THE CITY? AND WHAT ABOUT SIDEWALKS? AND ON JULY 12TH THE NAPLES DAILY NEWS QUOTED DR LEE STATING THAT THE MONEY THE CITY COLLECTS FROM GAS TAXES HAS NOT BEEN ABLE TO COVER WORK ON NAPLES ROADS. PELICAN BAY DOES NOT HAVE A SINGLE GAS STATION, YET HAS MILES OF ROADS - HOW WILL THIS AFFECT US? ALSO, ACCORDING TO THE NDN DATED SUNDAY SEPTEMBER 18TH CITY COUNCIL MEMBER JOHNNY NOCERA SAYS HE FAVORS PUBLIC BEACH ACCESS THROUGH THE MIDDLE OF PELICAN BAY, NOT JUST AT EITHER END. DOES HE ALSO SUPPORT BUILDING A PARKING GARAGE AT CLAM PASS PARK ADJACENT TO THE REGISTRY RESORT OVER THE OBJECTIONS OF THE RESIDENTS OF SEAGATE AND NAPLES CAY? I HAVE MANY OTHER CONCERNS, BUT THERE IS ONE MAJOR CONCERN I HAVE, WHICH COULD BE TAKEN OFF THE TABLE - AND EACH COUNCIL MEMBER RECEIVED AN E-MAIL FROM ME TWO WEEKS AGO: PLEASE LET US KEEP THE NORTH NAPLES FIRE DEPARTMENT AS THE PROVIDER OF THIS SERVICE - AFTER ALL THEY ALREADY HAVE A FIRE STATION RIGHT HERE IN PELICAN BAY WHICH CAN REACH ANY RESIDENCE WITHIN PELICAN BAY WITHOUT EVER BEING DELAYED BY A SINGLE TRAFFIC LIGHT. PLEASE PROVIDE ME WITH ANSWERS SO THAT I CAN MAKE AN INFORMED DECISION REGARDING ANNEXATION. THANK YOU FOR YOUR CONSIDERATION. 9/28/2005 From: lukasz_k Sent: Wednesday, September 14, 2005 7:31 AM To: Johandomenie@aol.com Subject: RE: Red Tide The County would normally be raking the beach from the Vanderbilt area down to and including the Ritz. PBSD has requested them to rake the Foundation restaurant areas as the first priority and the areas in between as time allows. They have been raking this area with their Barber Beach Rake to assist in the removal of the fish. The access point is from Vanderbilt Beach Rd, They have a staging area right next to the old Circle K where a dumpster is set for hauling of the dead fish, Page 1 of 1 16 12 " .... u ~-)' ri The agreement is that we will pay for the operators and machine time, although in many cases we are not actually charged, [Iukasz_k] -----Original Message----- From: Johandomenie@aol.com [mailto:Johandomenie@aol.com] Sent: Tuesday, September 13, 20058:34 PM To: lukasz_k Subject: Red Tide Kyke: Have our beaches been cleaned by the County from all the dead fish? Does the County do that in front of our two restaurants? Does the Foundation? Do we? 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W 0 I- oo!~ .-J ....J ....J U O,m CX) 0::: 10 I : I 1612 f"\ I U 7E CLAM BAY SUB-COMMITTEE MINUTES - September 7, 2005 Naples, Florida RECEIVED SEP 3 0 2005 Board of County Commissioners LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 7, 2005 at 1 :30 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. M, James Burke, Chairman Mr. David Roellig Mr. John Domenie Donald Spanier (late arrival) ALSO PRESENT: Three (3) Seagate residents; one (1) Pelican Bay Services Division Board Member; Mr. Tim Hall, Turrell & Associates; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA ROLL CALL 1, 2, 3, 4, 5, 6. 7, 8, 9. Roll Call Approval of Minutes of the August 3, 2005 Meeting Audience Participation Beach Renourishment-Revised Bid Tab Coastal Advisory Board - Inlet Policy Clam Pass Park Mangrove Area Clam Bay Annual Monitoring Committee Requests Adjourn J Fiala ~ Hala~ l C Henmng-, -' / Coyle Coletta - L ./ Mr. Burke called the meeting to order and asked that the record reflect three members present and Mr, Spanier with a late arrival. APPROVAL OF MINUTES OF THE AUGUST 3. 2004 MEETING Mr. Roellig moved seconded by Mr. Domenle and approved unanimously, the Minutes of the August 3, 2005 meeting. AUDIENCE PARTICIPATION Mrs. Martha Dykman - Seagate Property Owners - "Thank you for inviting us to your meeting", A number of you remember me from prior years when I appeared before you on this same issue. I know you are in the seventh year of your ten-year permit for the system and the people of Seagate would like to be more involved this time around. We would not mind being on the taxing district with you, however, we are in the City and this is a County ~~~e could . / I / J J oS become a City MSTBU in order to help financially, We think that it is a goo9aJ~'uatioll tl,l!tt ~el::J Item #: / b ]:. ~ c 7 b ~ .. ...- . "_._..~...,.._...~... 529 Copies to: - . " ~ ... - ..,. 1612 C78 Clam Bay Sub-committee September 7,2005 can use Tourist Tax Money to dredge the system; we are very supportive of that and think that it could be done on a more regular basis, Our end of the system has not been dredged and we notice that there has not been much flushing, the system is very dirty and we don't see as many fish or as much wildlife as we used to, For that reason, not just navigation. we would like to see it dredged more often and not just wider and deeper. Not just the pass, but further back and if the engineers feel the shoal should be dredged, we don't have a point of view. Whatever keeps more water coming in and a better flow is what we want. Mrs. Dykman continued, "We would like to have the Seagrass beds marked so that they are protected and navigation markers placed in the system to keep them protected", We have seen manatees come into the area, At low tide, the way things are now; even a canoe or kayak can get stuck on the bottom in the lower Clam Bay area, Not talking about boats or anything else, if you come in there in a canoe, at mid to low tide and you get stuck, you get out and start walking around and you might be dragging that canoe through the Seagrass beds, We would hope that some of your studies would show where we should be protecting the system, along with dredging for flow. Mr, Domenie asked, "Are you talking about Lower Clam Bay or Outer Clam Bay"? Mrs. Dykman replied, "They are one and the same", Some people call it Lower Clam Bay. Mr, Domenie replied, "On the map, it is Outer Clam Bay". Just so we know what we are talking about. Mrs, Dykman stated, 'We noticed that our last canal, where the culverts are located, has really filled in and we don't know if it started when the flap valves were there or why". We have talked to Turrell & Associates about this before and they have done some aerials, but it has been building for some time, so we are seeing that area fill in where it used to be a nice deep canal. We know that we could become a taxing district and that could be our responsibility for dredging, but we need to understand the flow and not leave off that end of the system the next time the 530 Clam Bay Sub-committee September 7,2005 16 12 C7 studies are done, I think you have gone past the bridge and that was the end of it because you only had so much money, We are offering to be a part of that and also offering to help pay for it. Mr, Domenie asked, 'When you say "we", are you talking about the Seagate Association"? Mrs, Dykman replied, "Yes". Mr. Domenie asked, "Have you noticed any difference with or without the flap valves"? Mrs, Dykman stated, 'We felt that with the flap valves we were seeing the water go higher and we did see more wildlife", We had not seen manatees for years and all of a sudden we started them in our waters. We don't know if that was a fluke where the sea grasses were healthier and that is why the manatees were in there, Now that the flap valves have been removed, I have not seen manatees in that area, but Mr. Sullivan has said that he has seen some. The plan was that Pelican Bay was going to do testing on both sides of the culverts and a year and one half later they forgot to do the testing, The Moorings Bay Taxing District said, show us where you have been testing, we want to see if it has hurt the system with the flow valves or not. At that point, Mr. Ward said, the heck with it, just take them off, We had not heard if it and helped or hurt, but Mr. Ward's reply was that he did not care, take them off, We never did find out if it was detrimental to the system, because there was no scientific proof one way or the other. Save the Bays had been doing testing in the Outer Clam Bay area for years, but that year they had gone to quarterly testing instead of monthly. We have what Save the Bays had to say, but we don't have the testing on both sides of the culverts. Mr, Domenie stated, "I don't think that was a decision of Mr. Ward's, but a recommendation that was made to this Board by Humiston & Moore or Turrell & Associates", Mr. Hall stated, "It was actually Turrell & Associates that recommended removing the flap gates", It was verified by Humiston & Moore that it would not have a detrimental affect to the pass itself, Mr, Domenie stated, "This was not a unilateral decision by Mr. Ward". Mr. Burke stated, "It was a topic of discussion at almost every meeting for a while", 531 Clam Bay Sub-committee September 7,2005 1612 C?B Mrs, Dykman stated, "There was no scientific proof and Mr, Tackney, who did the scientific study for the system, had sent me a letter saying that there were three reasons to leave them on and no reason to take them off". I brought that letter to this Committee and Mr. Ward said, 'We are taking them off and if you don't like it, sue us", That is how that played out. The flap valves didn't work and nobody came in to adjust them so that they would work. The company that built them did not come back to look at them to see why they were not functioning. The clips were so tight that there was not enough water to push them open, We never did feel that they functioned correctly and whether or not they could have been adjusted so that they would have helped both sides of the system, again, we will never know. Mr. Burke asked, 'Where is that located"? Mr. Domenie replied, ''The canal that runs from Outer Clam Bay to Venetian Bay", Mrs. Dykman stated, "That area has filled in and we don't know if it is when the flap valves went on or it could have been the flow when mitigation was done in there". We never see clear water in that system any more, even at high tide, Mr. Burke stated, "In terms of maintenance, our permitting goes to where the mangroves end, is that right"? Mr. Lukasz stated, "It is the entire mangrove system". Mr, Roellig stated, "I would recommend that we accept the offer of our neighbors, because I think they are very concerned about what is going on here", Even though it is a year or two away from our going in for a permit extension, Seagate should be involved, Mr, Burke replied, "I agree", There is a lot of opportunity, Dr. David Buser, 'We are under the impression that the current management plan is expiring and that a new management plan would need to be put into place shortly". What is the time line? Mr. Hall replied, "The current permit expires in 2008", Next year is when we were going to start putting together the information, 532 Clam Bay Sub-committee September 7, 2005 1612 C 7 Dr. Buser stated, 'When I look at it, it is hard for me to figure out who is the entity that makes the decisions of what goes into the plan, How is that comprised? Is it solely individuals who live within the community of Pelican Bay, or is anyone on that committee from an outside community? Mr. Roellig stated, "To turn the clock back to 1994/1995, when Pelican Bay went to the County, they told us to solve it ourselves", Therefore, we taxed ourselves to do the studies and get the permit to do the work, In that sense, the funding has all come from Pelican Bay. It is not something that we necessarily wanted to do, There were no alternatives, because the County would not participate, Dr. Buser stated, "Looking to start this dialogue, let me say that we think what has been done has really helped the system", I owned property prior to the last dredging project and there was a huge change and we are all happy with that change. Having analyzed the history, based on the information that I find available, and correct me if I am wrong, in the original PUD for Pelican Bay there is a certain amount of wetlands that were removed and a certain amount of wetlands preserved, In order to get the PUD, one of the requirements was to maintain that area, Whether the County should help in that, we feel strongly that they should. We feel strongly that the area is no longer an area solely impacted by Pelican Bay, but is also an area that is a major public amenity, with the pass, park and beach, Since that is a general public amenity, I truly feel that the County needs to help out with that. We would like to have some involvement in the formulation of the new management plan, because we have the water running right behind our homes, Everyday that I look out, I see the water, so it definitely affects me as a property owner. When I analyzed the Plan and I look at the history of the correspondence, the Plan had some problems that created problems for us, One of them, at least for purposes of the Plan, is that the system is designated as non-navigable, One of the big struggles preceding the writing of that Plan was to prove that navigation occurs in the system on a regular basis and has occurred long before the Pelican Bay PUD was ever applied for. Feeling through the letters from the FDEP and different attorneys and landowners, we felt that issue of non-navigability was not going to be 533 Clam Bay Sub-committee September 7, 2005 1612 e7f an issue. What happened was that it came out as a non-navigable system in the Plan and that language has been looked at as a reference point for the application of funding to maintain the inlet and to do other activities in the system. We feel very strongly that it would be much more difficult to prove that it is non-navigable than it is navigable, We feel that the Seagate neighborhood needs to be involved in the formulation of the Plan as you go forward, Dr. Buser continued, "The other thing that I have a problem with, is trying to find any information regarding some of the studies that have been done in the system to analyze what the outcomes of different interventions have been", I missed part of the conversation on the flap valves, but one of the issues regarding the flap valves is that there were going to be some studies done on the valves once they were in place, We have not seen those studies; I can't find them and would sure like to know how to get them, I believe that part of the permit for the placement of the valves included water sampling; bottom studies and a number of things that we don't even know were ever done, The other thing, is that there is a lot of correspondence that went back and forth between FDEP, Dr. Steiger in the City of Naples and others, regarding the sea grass beds in lower Clam Bay and what great assets they were to the environment, but we have not been able to find any of the monitoring of that. For a community that is impacted by the system and basically living on the system, we would love to be involved in what is happening to the environment in that system. One of the things that was mentioned in the correspondence was creating a path, if you will, for what small amount of boating activity that does occur in the system, to try to keep it out of sea grass bed areas. We don't even know where those areas are, There are a number of individuals in our community that would love to be involved in any restoration efforts in those areas, if they still exist. I am assuming that they are being monitored, but we don't know where any of that happens. We feel as if we are down there in the dark, always looking to the newspaper to find out what is happening next. Even safety issues such as signage in the pass has never been implemented and is clearly recommended in the Management Plan. The danger to swimmers in the current was all noted in the Plan and was also something that needed to be signed properly, With the recent ruling of the Florida State Supreme Court that 534 Clam Bay Sub-committee September 7,2005 - 1612-C 7 municipalities were responsible for swimmers that are unsigned, it really puts the burden on those individuals that are applying the standards in the Plan, I would almost say that if you are on a Board looking at that Plan, there might also be some liability issues that come upon you for not acting on those items, Some of those little details that have been overlooked may have been overlooked because you need a different perspective in the group of individuals who are looking at the Plan, My perspective is from someone who will take a kayak out through there or maybe a small fishing boat. The signage in the pass is a real issue and I have brought that issue up to the County a number of times and have educated those members to those hazards. We are at a loss as how we can get involved in the process and how can our rights as property owners be addressed in the future plan? Mr. Roellig replied, "The first part of the discussion was on the navigability of Clam Pass", I don't recall that specifically being in the Plan, but regardless of whether it is in the Plan or not, for regulatory purposes, it is clearly navigable because when you do improvements in that area you need an Army Corps of Engineer Permit. As far as I am concerned, that is clearly not an issue. As far as being approved for navigation, that is another story, Mr, Roellig stated, "As far as monitoring, we have a yearly report that comes out in December and we will be getting one this December", It goes into the topics that you have discussed and I am not sure if we have any extra copies from last year or not. It discusses the Seagrass beds and the monitoring from year to year. This is part of the permit requirement and is sent to the State, but we never hear anything back, It is available and it is a public document, but whether or not we have extra copies from last year I don't know, Mrs. Smith stated, "I would have at least one copy in the file". Mr, Hall stated, "Last year was the first year that it was provided on a CD-ROM", Mr, Roellig stated, "It would be relatively inexpensive to make a copy of it on a CD", Mr. Sutphin stated, "If I recall, the Board passed a policy that a CD-Rom is basically free and if they want a hard copy there was a cost attached to it". 535 Clam Bay Sub-committee September 7,2005 1612 C78 Mr. Roellig stated, "It is a public document and we could not keep it a secret if we wanted to", It has history on it for the last four to five years, I have no problem in working with the folks in Seagate because it is a mutual, enjoyable attribute to our communities, After this is over, I would hope that you stay around when we talk about beach renourishment because I have some thoughts that also involve the Seagate community, Hopefully, we will get to that very soon. Mr, Domenie asked, ''What is the tidal range where you live"? Dr, Buser replied, "It is approximately one to one and one-half feet", Mr. Domenie stated, "You should have terrific flushing because we are getting three inches in Upper Clam Bay", Mr, Roellig stated, "That is an additional three inches". Dr. Buser stated, "I have been all the way to the Upper Bay in a kayak a number of times", Seagate has dead end canals and gets the same slug of water back and forth. When you look at if there is an exchange of water, I don't think you can solely look at how much the change is on the seawall to make that determination. Anything that increases circulation in the bay and canals, we view as a huge benefit. Mr. Carroll stated, "There was some implication that the County did not contribute much to the maintenance program, but in our coming budget it amounts to approximately $245,000, which they pay". We should not feel that the County is not contributing anything, Dr. Buser replied, ''When I look back at the correspondence that I have in our file, and 1 inherited a huge hodgepodge of everything, I understand from Pelican Bay's perspective that at the time there was a crisis. Nobody can move fast enough when they are in a situation like you were in the formulation of the current Plan and I didn't see any tremendous outreach or documentation of a tremendous amount of support from the County to fund that effort, There may have been some County support that occurred, I would not want to say something bad that the County is not contributing, because I don't know those figures, The feeling was that you had to step up and handle the move, Mr. Domenie stated, "Basically, the County is paying for the monitoring". 536 1612 elJ Clam Bay Sub-committee September 7, 2005 Mr. Carroll stated, "As an example they pay for the biological monitoring, hydrographic monitoring and water quality reports". There are about ten different things that we do, which get reimbursed by the County, Dr. Buser stated, ''We would like to be involved in any push towards distributing that funding more equitably with the County", We get affected by the health of that system and when we come out there, what I see at the park is the beach erosion issue and besides that, I see beach chairs in the Sea Oats, I see people climbing all over the mangroves. When I go to one of the County meetings about this, the answer is that they send an officer down there once every three days. Once every three days is not addressing the problem, The more people that use the park area, the more it becomes an environmental issue that needs to be addressed in some form, I think it can be addressed in the management plan, Dr, Buser continued, ''We would like to get to a point where we are reaching some common goals in the system and that we are involved in the process", Mr. Burke stated, ''We can mail that disc to you". Dr. Buser stated, ''When I am in the Marco Island area and go east of the bridge, they have the Seagrass beds marked, which tells the people not to enter them", There may be opportunities for things like that in this system, The preserve is beautiful now, but it needs to be maintained as a treasure for the entire community, Mr. Burke thanked the Seagate group for their input. Mrs, Dykman stated, "Dr. Buser touched on it, but we have gone to the County trying to block the parking garage", The County wants to put a parking garage right behind our homes. I have gone down to the beach at Spring Break, because I am saying that beach cannot handle more people, I took my digital camera and started shooting photographs from Gulf Shore Boulevard, up the beach at mid-tide and there was hardly any beach, The next day at high tide, there was no beach and water was all the way up to the Sea Oats, people were sitting in the Sea Oats and taking their wet towels and hanging them on the Sea Grapes, Then, as I kept coming, the Registry Resort was throwing umbrellas into the Sea Oats and people were taking their chairs 537 16 12 C 7 B -"'I~~ Clam Bay Sub-committee September 7,2005 and putting them on the roots of the black mangrove trees, The teenagers were all jumping off of the mangroves and breaking the branches, which you see on your side also, I also got a picture of people skim boarding on the mangrove roots, At the time, the County was not picking up the trash and all of the trash was still there, Now, they have a deal with the City of Naples where they pick up the trash all the way to Clam Pass Park and the area is a lot cleaner. That system is already too full of people and the damage they are doing to that system, with no monitoring from the County, is something we all need to be working on, They are not going to eliminate people from using the beach, but they need to do it responsibly, which is not being done, Our boats are not a problem to the system; it is the overuse of the system, I don't know if any studies are being done about how many mangroves are being broken, but if you go out on the boardwalk to Clam Pass Park, you are starting to see dying mangroves, I don't know if anyone is reporting that, but at first there were three or four mangroves affected and now there are more, Mr. Domenie stated, "Yes, three months ago work was started on that area", A new channel was dug so that the waterway under the bridge gets flushed. Our main concern is at the north end of that channel that dead-ends where the old Clam Pass was, Mrs, Dykman replied, "Good, I am glad to hear that", Mrs. Dykman asked, 'What kind of mangroves are dying in that area"? Mr, Hall replied, "Most of the trees that are dying are Black Mangroves", Mr. Burke stated, "Our working somewhat closer together should be step one", We will do our part in starting with that disc and then we can talk from there, Feel free to attend our meetings. We try to have the Clam Bay Sub-committee Meetings every month, prior to the Pelican Bay Services Division Meeting, BEACH RENOURISHMENT-REVISED BID TABULATION Mr, Burke stated, "Mr. McAlpin, the County representative is supposed to be here today, but is not going to be able to make it until approximately 2:30 P,M," The State FDEP came down early for tomorrow's workshop and wanted to get together beforehand and he felt it was best that he did that. I will start by saying that we all got the same information and to be sure that we are 538 16J2 C 78 Clam Bay Sub-committee September 7,2005 on the same wavelength, the County's new bid price for the beach renourishment project is approximately $18,500,000, Is our share under this new bid just under $10,000 less than earlier projected? Mr. Lukasz replied, "Yes, approximately $10,000". Mr. Burke stated, 'We are now $1 ,001 ,574", Mr, Domenie stated, "We are $160,000 short", Mr, Roellig stated, "I have been an advocate of beach renourishment and Pelican Bay participating in this renourishment", When I look at this revised plan, I find that the reductions are north of Seagate, They have reduced the area, from Park Shore north to Clam Pass, from 45,000 cubic yards to 25,000 cubic yards in the park area where everybody claims there is so much erosion, They have reduced a total of 37,200 cubic yards in the stretch from Delnor- Wiggins State Park south to Seagate, Pelican Bay has offered to pay for approximately 37,000 cubic yards of material. I personally do not accept this reduction of renourishment in our area, Virtually all of the reduction is in our area, If they think that I am going to support the people of Pelican Bay spending $1,000,000 to place 37,000 cubic yards of sand on the beach, when they reduce our area by 37,000 cubic yards, they are badly mistaking, I am absolutely opposed to our participating in this when they are making all of the cuts in our area, Why are we paying for 37,000 cubic yards, when they cut 37,000 cubic yards? They talk about the problems with Clam Pass Park and what do they do, they cut the renourishment to it. As far as I am concerned, this is absurd, The Coastal Advisory Committee has apparently approved this and is ready to send it to the Board of County Commissioners, As far as I am concerned, it is a non-starter and I think this is an outrage, I don't know how others feel about it, but it is ridiculous. Beyond that, with the Inlet Management Study, they want to do more dredging and what sand we would place there will just go to fill in their hole, As far as I am concerned, I no longer support spending $1,000,000 to put 37,000 cubic yards on sand in the area ending at R-37. Mr. Sutphin asked, 'Was the reduction based on a revised profile or any other engineering input, or was it an arbitrary decision to move money around"? 539 1612 C?J Clam Bay Sub-committee September 7, 2005 Mr, Roellig replied, "The County has been scheduled to come to this meeting for three months in a row and they are still not here", This story about having to meet with people, I don't buy any more, We are a $1,000,000 contributor and they have ignored us for three months, I have no idea what their plan is, other than the fact that the quantities that they are planning on now and what went out for bid; it is obvious that they are cutting 37,000 cubic yards out of our area, Mr, Sutphin stated, "At the last meeting there was a discussion of a new beach profile". A new profile could subtract from the amount of sand needed, but to your knowledge that new profile has not been completed? Mr. Roellig replied, "I have no idea how they got to it", How can we know when they will not come to our meeting and inform us? Mr, Domenie stated, "The statement was made that in September they were going to do a new beach profile to answer the final questions", Mr. Roellig stated, "They have cut their quantities before the profile", The profile has not happened, Mr. Sutphin stated, "There has been a major storm since they were supposed to have taken the profile and to me that would be like last month's newspaper", I am a trusting person, but I think they are trying to send us a message, Mr. Roellig replied, "I got the message, okay"? I think this is an outrage, They talk about the erosion at Clam Pass Park and they cut the renourishment from 45,500 cubic yards down to 25,000 cubic yards, They cut the area around the Ritz Carlton about 2,000 cubic yards and they cut the Vanderbilt Beach area by close to 14,000 cubic yards, When you place sand it does not stay where you put it. Our beach is in basically good condition, but as good neighbors we have been willing to go along and participate in this renourishment. If they are going to play us for fools, as far as I am concerned, this is out. I don't know how they are going to explain it; but they have not tried to explain it. I listened to a tape of the Coastal Advisory Committee and they did 540 1612 e71 Clam Bay Sub-committee September 7,2005 not talk about this at all. All this says is that we made a reduction and this is it. Well, sorry, I think it's time that we made a reduction too, Mr, Domenie asked, "Do you know if the County has the money for this project"? Mr. Burke replied, "I read where they are going to have to go to the State for funds". Mr. Roellig stated, "The County will get money form the State", Mr. Burke stated, "Mr, Roellig, will you walk me through the bid items"? Mr. Roellig replied, "Item #4 - R-22,5-R-31 is down to 95,337 cubic yards from 109,000 cubic yards", Item #5 takes us into the Ritz Carlton area, which went from 63,000 cubic yards down to 60,000 cubic yards, The big jump is in North Park Shore from R-43 to R-48 where there was 45,000 cubic yards, which has now been dropped to 25,000 cubic yards, Mrs. Dykman stated, ''What Mr, Pennington told us, was that the bid was $25,000,000 and they don't have the money, so they had to cut something". Their logic is why should they pay for sand to be trucked in when the Management Plan says that you are supposed to take sand out of the passes and put it on the beach, Sand from Wiggins Pass would go to the Vanderbilt Beach area and the sand from Clam Pass would go to the Clam Pass Park area, That's where he felt it should come from, instead of buying sand and trucking it in. When they had to cut money, they decided that since there was sand there, use that sand, Mr, Roellig stated, "They haven't made any significant cuts in the City of Naples", Mrs, Dykman stated, ''This will be the second time that the Clam Pass Park area has not gotten renourished", Mr. Roellig stated, "In my opinion, to renourish that area out of Clam Pass is going to be several years away". They have to go for permits and in the best case scenario a permit takes a couple of years. In the meantime, I am not going to go along with expecting the people in Pelican Bay to bail them out. Mr, Burke stated, "The bid is now down $2,000,000 and it was essentially accomplished by removing yardage", Mr. Roellig replied, "Yes", 541 16 '2 C7 Clam Bay Sub-committee September 7,2005 Mr, Domenie stated, "Also through beach tilling", Mr, Dykman stated, "They are also going to sieve the sand right on the barge, which helped lower the cost", Mr, Domenie stated, "I don't know if you were still at the meeting the other day, but the question of how much sand is in Clam Pass that could be used and nobody has an estimate of that quantity". Dr. Buser stated, "They did allocate money to fund a study for that estimate", Mr, Roellig stated, "The study is grossly under funded", They are only going back five years and a mile either way, When I was with the Army Corps of Engineers and I did a number of studies of impacts of navigation channels on adjacent shorelines, even then in the early 1970's we had to spend $75,000, I don't know what you are going to get for $35,000, but I am sure it is not going to be much, It needs a more in depth study than what is proposed, Mr. Domenie stated, "There is also $4,000,000 for hard bottom mitigation and monitoring for a period of approximately five years, which does not show up on this page", Mr. Roellig stated, "My problem is whether or not we want to go forward with this project", As I have said a couple of times, if they can't come up with the extra $2,000,000, I don't think that we should be coming up with $1,000,000 to cover the shortfall in this upper area, I think they have a responsibility to fund this project. One of the reasons that I am no longer on the Coastal Advisory Committee is that I told Commissioner Halas that the funding policy that the Commission had passed was going to end up in a train wreck and here we are, Mr. Burke stated, 'What is the impact"? One of the things we had talked about last meeting was less sand and we said no, we didn't want to do that. Mr. Roellig replied, "Yes, but they are willing to do it". Mr. Burke stated, 'What would the impact be here"? What does that do to the overall value of the renourishment? It didn't sound good last month to do it. Mr. Roellig stated, "I have some suspicions, but I have no hard information". Mr. Domenie stated, "We were concerned about reducing the final profile or the length", 542 Clam Bay Sub-committee September 7,2005 - I612.fþ7 Mr, Roellig stated, "Ultimately, we decided to come up with the additional $170,000, which they apparently are not willing to do", Mr, Burke asked, "Have they have reduced the profile"? Mr. Roellig replied, 'We don't know that", Mr, Domenie stated, 'When this was being discussed, they said that if you want less sand, it is going to cost more per cubic yard and now they are giving us less sand and they have reduced the cubic yard price", Mr. Lukasz replied, "That was due to the screening process". Mr, Sutphin asked, "Is there anything wrong with the Board simply suggesting that we reduce our commitment by the percentage by which our sand has been reduced"? Mr, Roellig replied, "In my view that would be 100%". They are reducing the cubic yards by 37,000 and we are proposing to pay for 37,000 cubic yards, If they are going to take the cuts out of us, and I am not talking about Pelican Bay, I am talking about the area from Seagate to Delnor Wiggins State Park, why are we taxing ourselves to try to mitigate what they are doing? It makes no sense to me. We are in good shape in Pelican Bay and I just think they are playing us for a sucker, that's all. Mr. Burke asked, "Do we have the option of bailing out"? Mr, Roellig replied, 'We have the option of bailing out, or they have the option to come up with what they designed", Mr, Burke stated, "This started two years ago and this plan is no where near what it was then", Mr, Roellig replied, "Not the costs", Mr, Domenie stated, "I sent an e-mail to Mr. Lukasz asking if he knew, but he said Mr. McAlpin would have to answer that question", I asked, that with the destruction in Louisiana and Mississippi is the equipment coming from there and if so, is it now going to be used for the emergency in that area? Perhaps he will say that the entire project is off because the equipment is not available, 543 Clam Bay Sub-committee September 7,2005 1612 C7E Mr. Burke stated, "We need to be in a position to make a recommendation to the Pelican Bay Services Division Board on this issue", Mr. Roellig stated, "I would recommend that we hold our commitment in abeyance and only move forward if the County is willing to fund the project as designed during the past couple of years", I don't believe the Pelican Bay people should come up with $1,000,000 if the County wants to cut sand from this area. I would recommend that we give the County the option to fully fund this project or we would withdraw from the project. Mr, Burke asked, "When you say fully fund the project, do you mean put the cubic yards of sand back"? Mr. Roellig replied, "yes", Mr, Spanier asked, "Is there any contribution from the City of Naples"? Mr, Roellig replied, "No". The policy adopted by the Board of County Commissioners provides that sand at 100% through TDC Funds". Mr. Domenie stated, "That is because of beach access". Mr. Spanier stated, 'With the original plan for Pelican Bay, there were two options". One was to provide the quarter mile spacing and the other was to pool the requirements, which they did, into the lands that would transfer to the County, That is how they came to have three accesses at the north and south end of Pelican Bay, so that is a bogus argument. I don't understand the equitability of this whole concept, where a great deal of what we are talking about paying for is going into the City of Naples, at no expense to the City of Naples. We are talking about contributing $1,000,000, reduced by some percentage, or to hold back, It seems to me that this is totally inequitable and should be funded by the beneficiaries, Mr. Roellig replied, "That argument has been conveyed and the County Commission has come up with this funding policy", Mr. Spanier asked, 'What do you think the funding policy is"? Mr, Roellig replied, "I don't have a copy in front of me", Mr. Spanier stated, "No, give me the concept", 544 1612 C7 Clam Bay Sub-committee September 7, 2005 Mr. Roellig stated, "The concept is that anywhere there is a public beach access, which means there is some parking, or there is a major facility such as a hotel such as the Ritz Carlton or Registry Resort, they will fund up to one-half mile on either side of the parcel". That is why the TDC Funds are paying for one-half mile south of the Ritz Carlton Hotel and we are funding the balance, Mr. Domenie stated, "Bay Colony is getting a free ride, but they are also contributing because they are a member of the Services Division", Mr. Roellig stated, "The City of Naples argument has been dealt with and is over with", They have a lot of beach access. Park Shore has two access points, I have no ax to grind with the City of Naples, As far as their getting money from TDC Funds, that is fine and I think that is the way it should be, Mr, Carroll stated, "The consequence of not doing this is that we could not afford to do it on our own", We either have to hook on with the County with this project or forget about it for the next eight years, Are you comfortable in not doing anything for eight years? Mr. Roellig replied, "I am not enamored with it, but I am not happy with the County pulling a switcheroo on us and cutting our quantity", The area from Seagate to Delnor-Wiggins State Park is a beach/shore segment and we are all in this, equally, together, It is all County shoreline and I am opposed to having the major part of the beach renourishment being cut out of our area and then expect us to add 37,000 cubic yards of sand to their project. Pelican Bay has a natural beach, we get less erosion than anybody and if anybody could survive it, we could, Mr. Carroll stated, "I don't disagree with you, I am just saying we will have to wait", Mr, Roellig replied, "It is unfortunate, I would like to put it here, but I am absolutely opposed to them cutting the sand out of our region and thinking that we are going to spend our people's money for what they are not putting in", Mr. Sutphin stated, "I want to make sure I understand Mr. Roellig". When you say our region, do you mean the area from Seagate to Delnor-Wiggins or do you mean Pelican Bay? 545 Clam Bay Sub-committee September 7, 2005 1612C78 Mr. Roellig stated, "Our region", When they put the sand on Vanderbilt Beach it will come down to Pelican Bay. If you put it on Pelican Bay some will end up in the Clam Bay Park and some will go up to Vanderbilt Beach, It erodes back and forth, Mr. Sutphin stated, 'What you are saying is that they are shortchanging the project and you don't think we should participate because they have compromised their standards". Mr. Roellig replied, "Absolutely", Mr, Sutphin stated, "I agree with you". Mr. Hall stated, ''They are talking about reducing the quantities, but to my knowledge they have not shown how they are reducing those quantities", We don't know if they are going to lessen the shoreline that they are going to do or lessen their design profile, It could be that spending that much money to put a reduced amount of sand really isn't worth the effort. With having a smaller amount, one small storm could take it away, where if you do the entire renourishment, it might stand up to a couple of storms. Without knowing how they are making those reductions, it is hard to make a decision as to whether or not you want to participate. Mr. Carroll asked, 'What recourse do we have"? Mr, Roellig replied, ''The recourse is that we tell the County that we will not participate in the beach renourishment unless they fully fund the project that they went out to bid for", Mr, Sutphin stated, "I would support a motion that in essence said, "We don't like what you have done to the plan and we withdraw our support until you show us a plan that we do like", Mr, Spanier stated, "'like that", Mr, Carroll asked, "Do we need to get our neighbors to participate"? What about Vanderbilt Beach and Seagate? Mr. Spanier stated, "We are the only people putting money into the program", Mr, Carroll stated, "But they are going to be shortchanged also", Mr. Spanier replied, "Ves, but they are not putting any money into it", It is only the Pelican Bay taxpayers that are putting up the $1,000,000. We really don't have enough 546 Clam Bay Sub-committee September 7,2005 1612 C78 information and we don't know the plan. We have some numbers, but we don't know if the profile has changed and are in no position to do anything except what Mr. Sutphin is suggesting, Mr, Burke stated, "I think Mr. Sutphin is correct", I don't see anything wrong with letting the County know that we have major concerns and we are putting it on hold until the issues have been cleared up, Mr. Domenie stated, ''They can go ahead and say they are going to move forward without Pelican Bay and we are stuck for eight years without beach renourishment", Mr, Roellig stated, "I think we have been good citizens to participate in this region and if we don't participate that means that the sand from Vanderbilt Beach is going to come down here faster than if you placed sand here at the start", If they want to play games with us, that is absurd, Mr, Carroll asked, "Do you really think they know that we believe they are playing games"? Mr. Roellig replied, "I don't really care what they know". Mr, Carroll stated, "You may get an explanation", Mr, Burke stated, "Mr. McAlpin was supposed to be here", Mr. Buser asked, 'Was the decision to not renourish that section of the beach based on the current condition of the beach in that area"? If it was to be renourished, is that funding out of the City coffers? Mr. Roellig stated, "All of that funding is from Tourist Tax Funding", Mr. Domenie stated, "The Seagate area is being cut by nearly 50%", Mr. Hall stated, "I would also be of the opinion that that bid is not finished moving around yet, either", Fuel costs have gone up 15%-20% over the last week and I don't see them coming down any time soon, That bid may jump because of that situation, Mr. Roellig stated, "The best thing for the County to do would be to reject the bids and wait until next year", I have a copy of the permit schedule, which I think is optimistic if they think they are going to get the permit by mid-October, Unless they get started almost immediately, 547 Clam Bay Sub-committee September 7,2005 1612 e71 they are not going to do it next year anyway, In my opinion, the logical thing to do would be to reject these bids and put it out for bid again next year, when they have the permits in hand, One of the reasons they have such high costs is that they have asked these contractors to make a $20,000,000 bid, based on a project that they don't have a permit for and tie up his equipment and be bound by a bid, that the County can walk away from, If I were a contractor, I would put plenty in my bid to cover that contingency, Beyond that, in their wisdom, they only requested three bidders to bid the project. It was not an open bid contract; they selected the people to bid, so they only had two bids. To me they are paying an outrageous price if they accept these bids. Mr, Hall stated, "If they don't have their baseline monitoring done in the next three weeks, then they have to wait until next Spring to do it", The monitoring has to be done between certain dates and it ends October 1 . Mr. Sutphin stated, "If I were a betting man I would bet that that equipment is not going to be available because anything that moves is going to be commandeered to the disaster area", think this entire discussion is academic, Mr. Burke stated, "The resolution is that we don't like the plan that has been provided to us and we are withholding our financial support until we receive a plan we can agree with", Mr. Roellig moved seconded by Mr. Domenle and approved on a vote of 4/0 to recommend to the full Board that we withhold our financial support for beach renourlshment until we receive a plan that we can agree with. ------~----------~--- - ----- --~-~ --- --- --- ---~~- COASTAL ADVISORY BOARD - INLET POLICY Mr. Burke stated, "You are all versed on this policy to one degree or another", It all stems around the fact of the Coastal Advisory Committee in coming up with a standard policy for every inlet and has decided that Clam Pass needs to be dredged, up to and including the ebb tide shoal. As you know, we have taken some exception to that and we are not wildly happy about that ebb shoal being dredged, Surprisingly to me, I read in the paper where the issue is being placed before the County Commissioners on September 131h, which to me means that it has already been rubberstamped by the CAC and is appearing on the Consent Agenda. 548 Clam Bay Sub-committee September 7, 2005 1612 C78 Mr. Roellig stated, ''The CAC promised us that they would come out here and meet with us and discuss it". They had a nice meeting in Marco Island and the City of Naples said they were happy with the plan, but they never offered to come out and talk with us in the Clam Bay area. I am on the Board of the Estuary Conservation Area, which is the Wiggins Pass area, They have never come to the Wiggins Pass area; they passed us without coming to the community to talk about the policy that they have put together, Mr. Domenie stated, "I am disturbed about something", I don't know if you read the letter that Dr. Raia wrote to the newspaper, in which the Foundation has decided that after four months that they have not yet taken a position in the inlet policy. Although I think it is our bailiwick, somehow you would think that the Foundation who claims to represent the homeowners would have some sort of support or opposition to us, I don't now what their position is. I don't want to get into a position where we say we support this and then have them turn around and call this issue another Cap d'Antibes and that we did something without their consent or consulting them. I wish somebody from the Foundation were here to express their views, Mr. Lukasz stated, 'We did run that by Mr. Kinney and he was at a Coastal Advisory Committee meeting to speak against the proposed policy". Mr. Domenie stated, "I am going to address this in our general meeting also", Mr. Burke stated, "I don't think he was speaking for the Foundation Board", I believe that was an individual letter, Mr. Domenie stated, "It reads that the Foundation Board has neither discussed nor taken a position on the dredging of Clam Pass", Mr. Carroll stated, "I don't know that we would ask for their support anyway", Mr. Domenie stated, "It bothers me in that you would think that they would step in and support us on this issue". Mr, Burke stated, "There will be someone at our next meeting", The CAC proposal is not a done deal in terms of Clam Pass, It is going to be up for additional discussion, Mr. Roellig stated, "The CAC approved it". 549 "'" Clam Bay Sub-committee September 7,2005 1612 Mr. Burke stated, "They approved it, but it is not going to be given to the Commissioners on the Consent Agenda", I believe that it has been pulled from the agenda, Mr. Carroll stated, "I have asked Commissioner Halas to pull the item from the agenda". Mr. Spanier asked, "Is that the entire plan, or just the part that applies towards Pelican Bay"? Mr. Roellig replied, "That would be the whole plan", Mr. Spanier asked, 'What happens next"? Mr. Carroll stated, "I would assume that Mr, Burke and Mr. Lukasz would attend that meeting and express our feelings". We might also do something else in between, like contacting the other Commissioners, It depends upon how strongly you feel. Mr. Burke stated, 'We are going to be at that meeting on September 13th and also at the workshop tomorrow morning", The State FDEP people are going to be there tomorrow also, CLAM PASS PARK MANGROVE AREA Mr. Burke asked, "Mr. Lukasz, do you have any comment on the Clam Pass Mangrove area"? Mr. Lukasz replied, "The one channel that was in question has been cleaned out and it appears to be creating some flow in and out of that area", COMMITTEE REQUESTS There were no Committee Requests, ADJOURN There being no further business the meeting adjourned at 2:55 P,M, Mr. James Burke, Chairman 550 n 7 E ';,J. ,~!~ mi ~ \I (]I~ ëD s 00 ~I~ õ ii '" 00 (1) 00 ml i (]iZ I~ ~ic:5 . ,~ 1ml (]I!? 1° ... '~i~ '" ~ ÛI 1m: en 0 (]ífü is \I (J> I~:~ .2. c: ,01 3 (1) ~ mi !¡ 1 (J> -< ~I~ c: \I 3 ., ~ ~Ig co (1) -< m' ~'f ~Ig m~ I(]!~ ~i~ m m mi ~ !S. (]I~ (1) 3 3 .., !!L !!L rì'< ~ -i I~!g ., !:It ëD 00 00 "'" õ 00 '" (1) . 1-1 '-~¡g I I I I Imi 'mic.. 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C> § g mj Icc¡~ 1- 1š::12 1m: Icci~ š::I2 Iml icc'O I CI) ¡ ,(') 1Š::!2 1m icci&> , '" 1š::1~ 1m! ICCïT1 ~ ¡~ 1š::1~ 1m! cci~ Š::I~ i m¡ I icc~ I ,""" !,.IÓ 1::0.'01 1m ... I\) C> § g Icc!f Š::I~ I_ml I ' ccl2- ~ : ::J Iš:::~ Iml !~ cc!£ Š::i~ mi ~¡» ~!c: :<0 š::'ó _J01 m! ...Icci~ ~'.1-i5 ~Iš::j~ ~Im! 'g¡ . !ccl1? ¡Š::I~ ìm: I "I icci5 ii~lg ¡m[ iccl'o , CI) !~Ig JAN'S TRAMS ECO-TOURS LISTED PLANT SURVEY REPORT Prepared for: Coastal Engineering And Jan's Trams Eco-tours 3106 S. Horseshoe Drive Naples, FL 34101 Submitted to: 1612 C dJ RECE\VED SEP 2 8 2005 Boara of County commissioners / \ Fiala ~/ Halas Henning Coyle Coletta é~ Collier County Environmental Service Department 2800 North Horseshoe Drive Naples, Florida 34104 Prepared by: EarthBalance® 2579 North Toledo Blade Boulevard North Port, Florida 34289 (941) 426-7878 SEPTEMBER 2005 --"'".~"..,--~-_._,.-_.,,---- T .. __""",,_,___, ~.~ .____,.·_....vv·""",._...,,,,....._ Mise, Corrés: Date: } I J 1105 { , Item#: J {{}Z ¿:;C ~ Copies to: 1612 C 8 Table of Contents 1.0 INTRODUCTION.. .................................. ....... .... ......... ............ .......... ........ ......... ....1 2.0 SITE D ESCRIPTI ON ....... ........ ...... ........ .......... ........... ........... ....... ........... ........ ......1 3. 0 METHODOLOGy.................. ...... .............. ...... ......... ........ ............ ............... .........2 4.0 RE S UL TS/D ISCU SSI 0 N ..................................... ............. ........ .......... ........ ....... ....2 5.0 CONCLUSION ....... ............................................... ........ ........ ........... .......... ............3 Tables: Table 1. Listed plant species observed during the September 2005 survey .....................3 Figures: 1, Proj ect Location Map.......... ,..............,..,..............,......,....""........".. ................"...... ,4 2, Transect Location Map ......... ...."" ,................"".... ...., .............,., ........', ....... ............5 Appendices: A, Photographs,.,.."",.."..,.".."",."."",..."",..""..."".."..."..""".."""..""".,..""""""",..".6 --....___"'______._.~"._""~"'"" .-"". ""'-"_'_'>'__'_b'_"'''~'_'_''''''_'_''' .",. '" 1612 C E 1.0 INTRODUCTION The purpose of this report is to provide the results of the September 15, 2005 listed plant survey for the proposed Jan's Trams eco-tours site to satisfy a request from the Collier County Environmental Advisory Council (EAC) , The proposed project is located in Section 25, Township 52 South, Range 29 East, Collier County, Florida, It is located in the northwest comer of Section 25 and borders U.S, Highway 41, just west of State Road 29 and an old railroad grade (Figure 1), The site is also the location of a transfer station owned by the Barron Collier Corporation and operated by Collier County Waste Management. Jan's Trams is proposing to use approximately ±14,22 acres of the ±142,21 acre project site for eco-tours of the area via pontoon boats and tram tours, Of the ±142.2 acre project site, only ±O,25 acres will be directly impacted by pervious and impervious improvements and ±13.97 acres will be used for pontoon boat and tram tour routes, The project constitutes a portion of the larger lease area totaling approximately ±l,On acres (Figure 2), This will require a conditional use approval from Collier County Government. The purpose of the survey is to identify and locate listed plant species within 25 feet from the center line of the existing logging trail and in the canals for the Collier County EAC to ensure that no listed plant species are located within the pontoon boat and tram routes, 2.0 SITE DESCRIPTION The two surveyed areas include the mangrove/canal area (±lO,n acres of the ±38.4l-acre area) to be used as a boat route and the existing logging trail (±3,20 acres) to be used as a tram route, These habitats have all been created by human activity, The mangrove/canal area consists of a series of canals and associated spoil areas, The canals are too deep for plant establishment, however, the associated spoil areas are dominated by vegetative cover. Species present in the area include Australian pine (Casuarina sp,), red mangrove (Rhizophora mangle), Brazilian pepper (Schinus terebinthefolius), giant leather fern (Acrostichum danae ifolium), and buttonwood (Conocarpus erectus), Various Tillandsia species were observed growing on the larger red mangrove and buttonwood plants. The existing logging trail is mainly devoid of vegetation, due to vehicle use; however, the adjacent land and portions of the trail south of the transfer station contain a mix of exotic and native weedy species, The land adjacent to the trail north of the transfer station consists mainly of native saw grass (Cladium jamaicense) marsh with small amounts of early successional wetland hardwood communities, Species adjacent to the trail, south of the transfer station, consist of mowed grasses and ruderal species, including, but not limited to, bahia grass (Paspalum notatum) and beggarticks (Bidens alba). Red mangrove, Brazilian pepper, cabbage palm (Sabal palmetto), cattail (Typha sp,), saltwater falsewillow (Baccharis angustifolia), and Australian pine are present along the edge of the canals adjacent to the trail. The area surrounding the transfer station is made up of _.-,.. a. ·""~"""''''''.,'n·''''''_"~·'·.,~···,>,_ 16Ja~, C 8 exotic and nuisance species including Brazilian pepper, Australian pine, and non-native tropical fruit trees. Vegetation adjacent to the existing logging trail, north of the transfer station, consists of saw grass, saltwater falsewillow, Carolina willow (Salix caroliniana), cattail, and cabbage palm, One hammock consisting of live oak (Quercus virginiana), cabbage palm, sweetbay (Magnolia virginiana), swamp bay (Persea palustris), and various Tillandsia species is located at the end of the existing logging trail. 3.0 METHODOLOGY A formal listed plant survey was conducted on September 15, 2005 to determine the general location, density, and species of listed plants located within the project site, All endangered, threatened, and commercially exploited plants found in Florida Department of Agriculture and Consumer Services Chapter 5B-40,0055 Regulated Plant Index were included in the survey, Survey methods consisted of walking within 25 feet of the center line of the existing logging trail and searching the trees along the canals by boat. The entire road system was searched for listed species; however, only four of the six parallel canals were searched (Figure 2), The two canals not surveyed contained similar vegetation to the two inner surveyed canals, as depicted by aerial photographs and through visual inspection of the entrance to the canals, It is likely that listed species locations and densities are similar for all four of the central canals, A video was taken to show site conditions, width of navigable roads and canals, plant densities, and position and densities oflisted plants along the canal and trail system. 4.0 RESUL TS/DISCUSSION A total of five listed species were observed during the plant survey (Table 1), None of the identified plants are federally listed, two are listed as endangered in Florida, and three are listed as threatened in Florida, With the exception of mullein nightshade (Solanum donianum), all of the identified listed species are epiphytic and are found on the older mangrove (red mangrove and buttonwood) within the canal system or on the live oak located in a hammock at the end of the existing logging trail. No listed plants were found in the ±O,25-acre improvement area or on the cabbage palm, Brazilian pepper, or Australian pine along the canal system, The shrubby mullein nightshade is present in low numbers within the saw grass marsh more than 25 feet from the existing logging trail. Density of Tillandsia species was greatest within the interior canals of the site with individual plants or groups of plants present on larger mangrove and buttonwood trees, Tillandsia species densities are low on the two outside canal berms and are only present on a few of the larger mangrove and buttonwood trees, No listed plants were noted along the outer eastern and western most canal banks in the mangrove swamp/canal area, 2 C:\Documenls and Settings\cherirollins\Local SeUings\Temporary Internet Files\OLK3A\Llsted plant report kbrev 09-26-05.doc 1612 C 8 Table 1. Listed plant species observed during the September 2005 survey Species Common Name FL Status Federal Status Solanum donianum Mullein nightshade T - Tillandsia balbisiana Inflated wild-pine T - Tillandsia fasciculata Common wild-pine E - Tillandsiaflexuosa Twisted air plant T - Tillandsia utriculata Giant wild-pine E - Despite the moderate density of listed Tillandsia species on the older mangrove species, most plants are located within the canopy of the trees and are likely distant enough from the center of the canal not to be impacted by traffic resulting from the pontoon tour boat. Tillandsia species present on the largest trees, those that hang over the canal, may be within the path of the tour routes and may require relocation to nearby mangrove trees, The mullein nightshade will not be impacted due to its location within the saw grass marsh habitat. Photographic documentation of the listed species observed at the time of the survey are provided at the end of this report, Photos showing conditions of the existing logging trail at the time of the survey have also been included. 5.0 CONCLUSION Jan's Trams is proposing to use approximately ±14,22 acres of a ±142,21 acre project site for interactive tours of the area via pontoon boats and tram tours, As part of the permit process, the Collier County Environmental Advisory Council requested a listed plant survey along the proposed boat and tram routes, All endangered, threatened, and commercially exploited plants found in Florida Department of Agriculture and Consumer Services Chapter 5B-40,0055 Regulated Plant Index were included in the survey, Two areas, the existing logging road and the canal system, were surveyed for listed species, Vegetation along the existing logging road consists of ruderal species, south of the transfer station, and native species including saw grass, Carolina willow, and saltwater falsewillow, north of the transfer station, Vegetation within the canal system includes red mangrove, Brazilian pepper, Australian pine, giant leather fern, and buttonwood, Listed species along the existing logging trail were observed in limited amounts, Tillandsia species, only present on live oak trees at the end of the trail, and mullein nightshade, located over 25 feet from the trail in the saw grass marsh, are the only listed species present along the logging trail. Listed species were more common within the mangrove/canallberm area, Various Tillandsia species were found on the older red mangrove and buttonwood trees, No listed plants were observed on the Australian pine or Brazilian pepper. Density of listed species was greater in the interior canals than the outer canals, The survey results indicate that there will be no impacts to listed species along the tram route. Any listed species that may be disturbed by the proposed boat routes will be relocated to suitable habitat prior to the commencement of the tours. 3 C:\Documents and Settings\cherirollins\Local Settings\Temporary Internet Files\OLK3A\Listell plant report kbrev 09-26-05.doc '"·~___.-_..,_._,.,,__.....w..~~.._,__..,__~ ... T T '. .,""''"___...,______...~ 1612 C 3 Furthermore, additional permits that may be required from State and federal agencies for land clearing, maintenance, and trimming activities will be obtained prior to any construction activity on site and submittal of the site development plan, 4 C:\Documents and Settings\cherirollins\Local Settings\Temporary Internet Files\OLK3A\Listed plant report kbrev 09·26·05.doc 16 J 2 Cd ~ FIGURE 1. PROJECT LOCA nON MAP 5 C:'Documents and Settings\cherirollins\Local Settings\Temporary Internet Files\OLK3A\Listed planl report kbrev 09-26·05.doc __"'''''___, r --.,. 16 12 FIGURE 2. TRANSECT LOCA nON MAP 6 C:\Documenls and Settings\cherirollins\Local Settings\Temporary Internet Files\OLK3A\Listed plant report kbrev 09~26~05.doc f\ lJ 8 APPENDIX A PHOTOGRAPHIC DOCUMENT A nON 7 C:\Documents and SeUings\cherirollins\Local Seuings\Temporary Intemet Files\OLK3^\Listed plant report kbrev 09·26·05.doc . 1612 C ('I '-I 16 12 n u 8 Photo 1, showing typical location of Tillandsia sp, observed on mangroves and buttonwoods along canals, Photo 2, showing typical location of Tillandsia sp, obsered on mangroves and buttonwoods along canals, _··_··'"~'··'·_·_.·'·__"··O>_·~~_,,","'''._~'_''.·',_·'~_M'~.~'-"'-_."'<"'"____"""_",-_;.--""",,,,,,,,,,,_,".'""""A.""""'_''''''",",.."">~"' 16J2'C8 Photo 3. showing conditions of existing logging trail at time of survey (Sept. 2005) "_"_",,"_V"'.. ---",.,~~. ",,",,··,·,_,,__·~._v_._.__ Photo 5, showing conditions of existing logging trail at time of survey (Sept. 2005) Photo 6, showing location of Tillandsia sp, observed on live oak at end of existing logging trail. -:=J .~ -r----------- ------ I Ian's Tratns Eco- Tours I~~~T~ I I I - ---------..-----...------- Location Map ~~~_c__~_~~__~~______ __ ~ ~ (1::¡ ~ ~ -. ~ (1::¡ 26 l___ =----------- Project Site --I \ Q ;::;: !::;¡ - -~-- ee Cypress :::\ i ç / iamiCanalOchøpee Q}, ·4 ' ~/ y/ .t ./ ¡, ," Evergla Mag 11,00 · . . Thu Sep 2210:022005 Scale 1 :125,000 (at center) 2 Miles 1________1 I 2 km - Major Connector US Highway . Small Town .. Locale County Boundary Population Center I , I . © 2001 DeLonne, Street Atlas USA;© 2001 c;DT,~lle,,~el.Oy~O()I________ ~/\ \\ I. _~-r\?cC'nUT _ . _ _ ______\j~_ J_~__S ~ ...-.-..->.,,.,..,"", "~'-~""-" 0--3.... '1 II' C")~i:I g. ~ 00" ::;:(110--3 (II 0 '1 '1 .... II' C")t""S o 0 00 ¡:: 0 i:I~t:r: ....::::0 '-:oO " i:I 0--3 >,j~o t""....¡:: ~ '1 "COO C 8 . ~~~~§ ~ F. ;:. = ,. Z ... II' q rø ~:g:;'¡-ï .."''''''Ii: CA ~ C!. (t =... I ..- ¡; :: 1£1 B I ¡¡ P- H .. I i~!~ ~ B~ .... OJ ~;;n ..... [--- . ....... g aa~!! =- p J..!..~¡. cc ~ ~$~. QJ ..,¡1.- = :::::J ,...., "'" .~.,^".;___~_.. t "'"" ___~'"''''_ 1612 C 9.. -, <m'__n.._._'",04-----*'''--_._^''' , 1 6 I 2 C 9 4· Dear Colleagues and Sqppor:tér1i Ô'n behalf or' the NatlooalHi$þarilcCaw;usof $tatelegf$!atof'S: (NHCSL), I am honored to present dos¡ng Achievement 'Gaps: fmprovingEdfJcat.ional {)(Jtcomes far Hispanic ChiJdtiftfl aSâblueþrint t'O buîld supþört ror ad::Ìön by stðtelegislatöts, completed by the Cent-er for Latino Educational Excellence (CLEE).an initiative of the Tomås Rivera Policy Institute. HiSfjani<; .stdtéC .h~g¡~Iat.Ó~$'vJ.J'tQ$~l'VêÞn$tatè 'é'c;j{;f~tjOri or approprIatiOhS commit" tee$~ór rrt leadership. P(,lsitîon $n thefrté'specttÿe féQ¡$fatur~s . Of'th$ NHCSL~çQI1-- vèned for 1rtwo-dð)l Educat~ön5ympo$iurrr¡n Alhuquêrquê, New Mexko¡ to reView, revise and critique an [nÎti<.m draft of 'the paper presented by GLEE. The 'firH1I version was presented and adopted at the 2nd National Summit of Hispanic State Lesi:s!ators.héld in WashtngtonD; C.last March. , WQl.1ld like to rixténd:TiÌ)(aÞl?r~ciatfton tpall Whçia$$j$tedin(;Qmpl~ti!'1gthis project.. ¡ncludih~:the lègislator5~hq:pariidp~fèdih thesytripØsíln1Ï, thè TbmâsRi\Ì:era.Pa![cy In:stitute,.our Exetutive Dirê!Ztör E,liziJÎbøth Burgó$~ <and ProJøct Manager rv1kk'eY Ibarra I wQulq alsoJk~to .acknowledgetheihw;lh4able SUPPQrt and'contrìbu:tlofls of our NHC$L BusineS$ Böard of Advrsors, cnakedby Patrick Gaston, ExeCi.!tive Director ofStratês¡,ç:Alliançes fQrVenzQn Communk:ati.ons. o nþehâlfQfrny:cöll~:agu?.š, 1 dedícatß.~.biapö¡¡èy paþ~(tåi;fétatå.Rfiþ(ês~ùtq;tiVe· John S. rvlJ'artinez" fõrmer PresijderitþfNHÇSL,. \~ìhose viSj.(;in i'rlade:thisa¢c:pmþli.sh- ment possib!~; Itwo$ hì$:pa,ss!orian9:Gornniitment tö th e ·suçces$ofourchlldren th at initiated thf.sþröj@:ct.ln hi'S !1ìériioiy; I pl$dge my bèsteffQrts: to v¡fŒk doseIY\.i'.4th HIspanf¿síat-ð leg¡~a:tors,our corporate þart11ers and other education advQc<"mtes to proVíÔé a high quaIÎÍ}! éducatiOnforeverychitd To America. $fncerely; ~~.~~, - - "..: ,. . . . '.' . ..... ... ~ .' , ...... . .. .. . . '. . . Paul Fel€ídanö, Jr, NHCSL President 1 6 I 2' G 9, J 1:6'12 C 1.. 16r2 C 9Å Table 010øntenbii Ex¢cutiv& $urnrnalY . , . . . . . . . . " . . .' . . . .. " . ... . . ,. .,.. . . . . , . . . . . . _ _ . . . . . _ . _ ., . . 1 IhvQdut;tiQn .¡,.. ~ .. .... " ".(.. r ~ iI ~.. io.....; ... . ;J; <i .; t..... ...+.. .... .. :......,,;;.... ~ .... iI.. ...;. ~ .. .. .. .. . . ...( " .. .. .. .. ~..2 ·GciaJsàn~'Org~hiZa~þti()fthéRèÞ9rt........,...........,............... .5 Nåtl.rr~oftb~ PtöÞte.tT1t. , EduéatÎonãrSyrrp'tomS ðtftdPWmary Outcümeš.; . . . . . . . . . . .. .. . . , ,.; .., . . . . . , . .6 f,Aany Gaps¡'NolOne, . , . . . . . . . . . . . , . .. . ... , , ... . . ... . , . . , . . . . . . . . . . , .', . , .6 A Multi-Level Set of Phenomena . , . . . . , , . .. . . '"' , . .. . , ,. . . . . . , , . . . , . . . . , .6 The Prlrrlàty óf Uteri:3qt ., . . . . , . . . . ,'. . . ... , . . , . . . . . . . . . . . , . . . . . . , . . , , . . . . .6 ThE.;lRole9f "N<;'JrrEQUGa1îooal" Façtòrs .. t .. .. .. .. . ~ .'- . . '.H . . . . . . . . . . , . .. .7 Key 8èí'1ich~dzs: Prittmry Outc:oi'rié$. ..'. . .. , . .. . . . . .., . . _. . ... . .. , . . , . . , . .7 Namreof thepf~b!ern; , l.i'itérme:cf¡E1t~·O.ut¢ot11é$al1dCÒ!'ìtribµtií1~lF'~ctØrs. ,., . , . '.,~ , ,.,. ¡... . .. . . ,.. . .10 A SœnårîÖ·øf.SticêesS .'" ". '... .. .'.'.... ~ .... " . '... ,. . . . '..' ....'.".. .. . ,:. .. .,. ..10 Pre.sd1ool Edt.Jcationâl~per[eoçe$ . . ., , . . . , . . ,. . . .. , - . . . . . . . ' . .. . .. . , . . .11 Time Devotßd to Learning '. , ... . .. " . " ..... ... . . . .. .. ".,. ". . .. .. , . ...12 MaxfmizínglntellectualRígor .......... , . '" . , . . . . .. . , . . . . , . . . . . . . . . .. . .13 Better Prepared Teachem Teach.Better -> ¡ . ,. . « ~ . .,. . . ,. , . . ., . . ... ,'. . .. ". . .15 L~al'n¡ng Re$Our¢es~ndE{fé@vè Practi:Cè$, .. . ... . .,. . . . « .. . .... . ,., . . .. . . . . ,16 Ã~:~i~~dJ~:~n~ri~S~B~::ð~~~~:~:~:: :::::::::::~::: ::::, :::: :::~: ~:: :~: EnàbÜhgHispâhit?'arent's.", ; , , . " . . , ~.;.. .. . .. ., . . ; . . . ... . . . .; .. ,. . . . ..20 D:e.creastog: EduœtiQrìalGap~ f'Or latino Chì!dren and Youth Educèltíonal Change Sb'èìtègíes: Recommended Actions and Polícies .... 'p. . . , . . , ... H ,. . , . '" . ... .. .. .. .. ..22 Solving tbeProbl!i::mqfPre$th,pclEduçåt¡dn~1 Expédén6e~ ,...,... .., ,. . , .. .... .24 5" pl''¿ingthe Ptöbém9fEffécth~.eLeathm9 T¡i-na~... .. ; ..,. ,; . .. '. ~ . . .. ... .. _ . 26 Solving theProblemofMaximiZìnglritetlectua! Rigor,. .'......... . .', .. . . . ... . 28 Solving the I?roblemof 1èacher firepgldtìon . . . . . ;p,' .. ... .. . , ,,' . "" .'. . , . , . , ,3) Solviôg:, thefProblem'oflearning Re$~uœe$ ...... ......., ,..' ".~ ... .. .. . .. ..32 SolviogtheProblem phhe SOGraIQ~9~nizationofSmoos . . . . ." . . . .. . . . . .. , .34 Sbfvio~;; the PrÓblem,ofAcadë'mièChcice$anø Trç:¡nsitiqns ,. . ... . . . . ; , ., . . . . . ,35 S olviog thé. PrübJø.tn ,of Enabling and En ergizíog Hispsníc Patents ... .. . . . ,. .'. .36 Ge.ngral PQlicy Re.ø~ndatíon$ .q,~... ,. ." . .. ,... . .. , . . . . . . . .. '" . . ... ;' . .38 Rèeom~nda~h::instofNHCS~l~lf . .,.~ ,. .,... .,_~ '~'.' _.. <0, .... ...... .-38 Rél.atedPo.!i.cyÄêtJvitJes byNHCSlMembêttS'd . ... . .,. ... . " . .. . .... . ... .,39 Endnötes ."'.,........,, ';'.' ...., ',' ..';.'. .:;. ..;..... '." .' _ . . '.... ;;.; '... .. .. . ,;... ,...... . .. " _ . . .42' 16t~.c 9 '. "··'···1··'6 2 C 9 ~ '; \.:.:/:.'...'.,.-... ."...,........ . .. ,'> .,-". ;"",;':."" .., ",:.' .",< ;:' "X<~ '~ : ' , ~ . ~ ..: . / - - ;: . . . . . . r,¡¡~ )l LATINO MIGRATION 13StBtes.Wheré Latìnos81"e largest Minority Grollp: 1990Cens.u$ 1 % .1"'~ \ -\-".............. . .1.~ \ Ä.A""-""".....;') ~ ~.. -'<.y,..,..--.... .. ...~ I ~ , ... I { t ..!~\.:.\. ~~ \j 23 S;t~t~$Wh!\!(~ LatinQs. are L~r$Ìe$t Mtllority Group: 2OúO Census 1% % % .". 1612 ., Inp?'~¡-p.!Øtwith these demo:- ~n¡¡þhh::'shifu;rthè U,$. h~!$I{i¡d a:g~QÞäleconQmictran:;;fQr- mat1qnthät I:ia$ rêsLdt~d ìn a blJrgéoning "knowledge'! economy' thst drí\fes grmiVi:h at mErtrQþc:ditan, regfonai, Md n;¡;¡{iQnaf levels, Ch:araçterJ:zed by ,em ever-thcredsin:9 r,oe of techno1oidY În products and marKets; tight netv\!orKs ofìntEitnationai bl¡.lsinêsspart- neringand trade relations, a, greater emphasis on entre- prenøuri,al êntefþrise$ and à gto~.ríbg itT\pqrtançêof science, the'KnoWledgø e'd)nöm)(hasatSofedêth1eidth$natur.e~~nd$cop~ of futùte jobs. Ràther than liìgh$Qhoof'gradûafiQri bêingthe'elitry h;!\'êl foremþl9yment, <;¡flY job I/vith a future nöwdemarrds 30meJevelofpostsèc.åodary educaticn The. -current situation fepre$entsa: uniqueopportunitj'for analysis ,anclfutl..lreaction. The dla1lenge 'Of improvfngeducationafoutcomescrea.tesa historic conflIuenœ'Of pr1vàte ¡ntêï'ests.aôd sodar·e~uÎtygoá!stha±mdké$$éérè øfwe.II~I"M¢lnfng but ÎMd~ équa'té publk: poí:des n6 longøra¿œp:table. Without doing \I\¢\at i$¡'¡ght and moral in impröVI119 educatiðnaf oppÖrtunitíesand otJtcarhèsför rritriorlty d1Hdren:,the· long.:- term proSpécts for maintafnirng the economc vitaltity 'Of the country are doubtful. In thrs seriSer.thé '"stakeholders" in thfspolky aj'Emago beyond 1Taditfonal éduca,tianal advocacy djnd cQt11I1ìUnity."þa$:€ld arganiZa'tîons~ leadlng.éclg~rot11þan¡es:, tech· nology- based JhaU$trY,aríd~hQsäør~làr;lrZât¡onsèo;rnmttødtôå rqÞUstandpád:kiþar five pòlìtÌ'C:alêœnorhj· :êÏréàHªIi:gnè,q..qrciqnd:thjsišsÛ'eatlÇ!th~,fì ri ¿!frjig$J,n this·report ìndicatë that thfstopk shöuld bê ön.È! of riatröría1èoiícëm taa!! Ämèrkdill9..Thequé'$- tion is what to do. In approac.híng this chaUehge£ tbe twenty or~o authors of and contributors to this report were. most firmly united on oneimþortantpremìse. ThaHs, one of the great sitreng±hs ahd ha!lmarKsHOfArTI€'fÍcan democracy is itscornrriím1ent tosn'jndUsivB¡ 14 (\ 9~ 'J ...J ,c' :"~, ';i 4 ·9 .. ,I . )4;'·'~ 1612 C 9J thçT¡ttne nuf'tt;friôg,of¡¡~rqçy among Latrhþ,sin Am~nt;<1.'1 shouldnòt be aþr'Qç~$s that is ,. $Ubtrdt1:ive~ of thécu!turéllandhÎsföiìês öfôt,tr many Spariish~sþéakÎn'9 cömiriu- nities. 111 fact. ítshpiJldirespe-ct thosetraq¡t~ons. as well as recogniZe the valoeof a multi-Ungual sodety, ThisÎs particularly $dih the contex:t ofthe many and growing cultural arid ecönqrnic ties be;tweí!tn Nqrth America and the rest of the nemisphe:re. fn~wT1mary, 'i¥áWO.ql:a .*etb_pr~s¡;;ntthl$ te.pc;wt:<:íßchampiQn fog EI19lish ªnguag~ Iiterac,y,~šwé'Ua::; re'cógn¡~(Ig the un¡qu~dcòntr¡bu:tiQnSdrtdhjs-tQry of t1éòp!e of Hi$Þanic heríta:ige. Thé RC),le df' UNcÞ"Eduœti:onallil Factors Educatiohal outopmes~ndpr(;Íc:é$$és fot HJsþanîcs.arè inséþ.arwlé from the, eco- nomic, $'Qd;;¡¡l,and demograþnic context in which they ¡¡vce. Census PQ¡;:rul;;¡tion ffgWè$ do not sþE:!Cilk to tbèt'l1dSsivø social éhao.g~~ bèTng èXþeîÌétlce:din thë Latino community. The commun¡~y i$rep~$tingthe nistod¢ Âm¢.t/ÿ;¡n ¡mmj~ratiQnþne. nomenorni\lIfh cane\I'J' 'flavor: experren dog -the strèSS and chaHengeofpdWcal and economic integration, while retaining the Gore strengths of Hispank cultures~ ftts srmply harder Tor IOV'J-wa€1e, immigrant famìliesto pro'liíde thesal"l'1e types ofexpe- rientiaieducæfon. as does the middle class. However, none of these contextual f'adofS s.nóuld þê <.:cmstruêd as '\¡1ablêeXq.ld.es for HI·þerform¡ng:edï.~C:~ìftk:mêll sysre'rns; öUitesimply, If Wet.Çì.acnandçhaHeng'e the children, théywill learn. M6reôlf$r, if thestJ'engfh$;¡¡ndv,îbranCYQf Hispanie:culturêánd.cQt1"!rr'iLtnfi:jès cðr~ hàr. ne$~edto.dos¡ng. educatt60algaþs-rathertfîàn ·u$edby ·Qtb~r$a$a$et ofe)í.cu.s€is fotioèffëdual adìön - We \h"ìir rEachfuosä gP!3~s sqoo:et;, Key Be'nmmarb:Primary O'ut~om~f$ qiV'i;!D¡:¡!I of 'the above cqm¡;:¡iç,atl'ng factors, th~re are l1onetheless. a, number of quarì'tltðtiVgmea$<Ufé$ or primary omcqrrrt.i!$ that sttcqnctJy d'e$.:rrbEi! ~e H1spanic $hòrtfallineçlycatN:~hal perf<i~mat;lc-e.Ead1 çf~heS:i:1 behchm~rk or ~ -e::nd-$tat~1I bqt. col11e's,is" ¡ntl.1-rJiithe¡:'Ë!:SQlt df$everaJ ccmtt(buting¥àctor~ l~ the:nexfts:eoctJan \!\Ie ",viii also dest:rìbé$.èVêtGif imetmedrstii:>outcomë$ "I:hã:tart':!. in thëmsêÎvês, major èxpres-- siom, of how 1h~ ~ducat¡onq! system hç¡$ fi;3Hed, and is faWn.g, tQQ rn<:iny Hisp¡;¡rÜc childrètí. They are 1':J15Ö cau$a!ly tëlat.êd to the "bottom line" primary outcomes, 3.. Int,grrtredÎðte outJ;OOl!tsart} thQH¡t1J aiarècau~a!ty relatoo tootl1er· OtJi(:OlJres: latérofll11 the edlJ1.::atbn..1 PTOoCI?sj¡, For eX.affJ pIe: . Jí\is$ii1g seli ç,a!py bEing trttarrt.({ dtoþpiogoatèai'fbê c.oi'lstlî.i ad ,¡Js i3ih.· interrTi $diate 0tJtwm~ in t~i,;;¡t it.is ~lmost¡jJw~Y$.{e¡<ited là~efOn tò tiho;1<1m o¡¡ ni that is I t¡¡am E!Q by ;i. st4jdënt {¡¡chi¿.¡tement¡ 3rHì !h€'grade 1ß'I'el r~a!Ìled (<tit1:alnmên-t), . m-Z~ 1612 C 9 ~ j , ~~ P.$pi~s.t~dy.d ü..-;att'OMI.piin$ GVér ~éY4Mn ~mc>~9Hi~~ni(;; d1U'(ftên, lit tnêrec ·are.·pêfsl.,.ïít· :s.b.gJ1;çolritig:.·aq'OŠs. ~iorbénc::htrB...k nwatülré$ whefi còmþated to ath'et groups in the p.opglation.eoftsid:erthe ~noWin9: l!L" I ., Compared to other groups, Htspanicdropout rat~$are the hIghest amo~.the threemajof ~thhiciradslgroop$1'( t!òâ have. not dê;dtned.sìgnificantly ,Sih ce. 197Z {see Figure 3). ., Compared to wnn:e nön~ Hi$pank:sand Äs¡,aM, HIspariÎc youth who fit'lish high school will be' less likely toimmadl- ately transltionll to college. « Compåre:d to othergto,ups, relative:!y rewer Hispatii'es wbo cornpléte col'lege have attained a leve!ofacademic p~rfÐrmançe\l1 (e.s~, grades) thalwi!1 quallfy them for admlssiot'lto graduateer pro- fess{onal schoofs, and wm in effE!'ct "under--perform" raJa- tive to their -admLssion test :score-s Ú\}.9~; .SA T If. " . Corripa!n~dto-()th¢.r ,gro·uþ$, relatível}1 fewer Hispanics; <:omþiete a föur-yearc:olJege degreêÏl1l after g:n;¡duatlng from high5dlöo~ ($ee Table'2). ,···1·,'·,'·.··'··6··· "'.'2····'·· c·' " ".' , '. -..', ". ~- -..'~<: ": > - ;. 9J 1612 C 9~ 10f'f9""terme"dtJtilÜQt1W1rI ~11'4~têerp:r>t:~af$~Wrn."k ~iJ!¡"f:Jll~ftt êcJH~ø. they wilfbe ti(¡p~ p¢rt~d b}~ ,$}'$t~$ r>f"eHci:ïùrªg~ønt.ºi1d guJd;;¡I'1~ that will mª,~ñ.tzJ:;tn the'Ji1. If;nd $t.tØ~r them to the next iiE!Ve!$úf éè{ucation, as dõi$¡redåha~pproprfate,Thds;lS! whO' areeru'aUecÌ iff communi!')' cotleg,é$ v,tia benefft from weU·d£fvelopø¡d, $fR'Qothly ftmctft:::u1¡ng $>~m$ .of tr,9t1;ç,iti'øn withfc.ur..yeªt <:oIJ~$.f,ltl:d ¡¡,ni~rs:¡t¡~s., fry, fðct,d1~I;!¡!"vúr~ p~..K to "grade 18" system wf.i1 V<ACirkin .otn;1J~mtecfm~nnaif ihfutlction 'if r10tm srtl.lgure.. Given th¡$ uî1tverpàl ¡de~l~ how do theÞr9~~$Se50f ¡;¡<;nóôlrng ~n i;nìscouotry - infbrmal and formal - fái' to t1"leet the l1ééds oflatinochildrerí? Pr$$¢:hool eduœtiø"nal b.p~ri~n~e$ The earlyçh¡Jdhoaç:t ye,ars:(0-5}.repré'SENltaqftica p~ribd o'ftögnìtfve~ 50àatand èmotiønal d~v~Tqþmên~, AM ~X~,f1~iVé:bøµyt¡:f fésearcn;¡¡¡ha$ ,dO:éumertted tnét if-a' .' - .. -- . ... -. - , .. chl1d'g,è:nVironmønt Þn:wk~e$'àr¡chandchªll~ng¡ngménu~f e'xparíences du ring 'this, peri oct the lev~r OT rEiËJdineB5 fa-r fmmal schdo!ìng.\tviH besiønrficantJy enl:looèed. It is also dear that !o'w-incomechildren- Htspaokçhildr-enamong them- d:ol'iot enter kindergarten with the sametoo[kit 'Of eduœtional background, are hampered by poorer neâlth¡ and that the contributln@ factors,are systemi~ .' Latino c:nildrelitehd to'bel~$$lIkefy to pi:irtidp.:àtè Jhhi,gh qWiillty pre... =¡d:ioÓI programs, prìrnadlybecaµse of a lad( Of local, availability and hi gl1 tost Publidy funded, htgh~ quatityearlychidhopdedÜcatiqn prO. graIT1$ are relatively rare, pJ¡jrticul:arly to low-inçQrnecOrrml.l,.Jnitie$, Tht1š¡,eitfrerLafíríocn¡ldren dd notpartiCipate in formatpre'schoalihg at<ifl;ortney parijdþàæit'\p~Ogram$thataremu¿h le:S$ effective:. That is, they ddf1otha"'è ~ ctearf9QU¡¡'onlifetaq .'arid !Ç3nguage skfUs,have fewë:rqÜá~Î;fiéd, t'ê~¢h~r:g> f$velinl1t!!i9:,,!,ccèsS toquaf:itybaoKs and Qthermª~ør¡al$, ~ndåre H\ëly tôbçf þ!)Qtiy orS,;J¡nízédal1d rnanaged, Inconttást';,thefngredìelitsofqual.i1;y þresehoohngX,1 .;:¡re known and thi?shÖrt-te-rm ¡;'I'H:{ lonr:;¡~termbel'ìef¡t$,aréWell dC::Ù::utnEH'1ted, With pre- schoot~.posure to language, re3(#ng, storyteH¡ng:, ffiQdeHngofstßn- daret ErtglÎ:$h, and working in groups. V'iith caring and competent ;qçh,.¡lís;latroi;! YOl.1l1gsters:ç:aTIlenter Kin cJ.erg;;lrten beefier able to han die forrtlal scfuooÍing. TIley will have the necessary skiUsto learn at a fast rate; becorrJe even better readers, foUöw directions, work indéPènd- __1-11. ., 1612 r u 9 aritl)!, àhq expte$$thëh;' l1eegs. Møf~OV~ exí~tlhg r~$"éç¡ntn¡rid¡catês that high quali1y prescÞöó! can hàVê bèñéTit$ that êxtend thróughöut thê school ye:;ws 'anddn into adúl:thood~ . Hispanfcfurnilies; parttå.darlythc.sa vvfth lower ìnc;ómeS'.ta:nd rohave inç:onststent i;lçœ$S" to quality fr~lth car~~ ~i'¥d terrdn¢~ to be covered by he~lth IOSUnanCe}llIóften <as a 'function of the'nature'of their èmplo}lers. TQ the êxb~ht thatthé heaifth~Hld nUiriIÎ:önal needs of Hispanic chitdrenf both physIcal and'sodcremoth:iF1al~ are not fuUy met, this \If/ÍII have repercussLbnsoncognith.reandsodal develop- ment at .s,chool e.ntry. ¡tis hard for sick: or hungry kids to ~ëarn, and meæsystemk:: defidtswill havefrnpa.çfson ,children thröughout 'the early sd1:oolyears., Foréxamþle, LatÎno ,and (J'tner mrnörttyçhildréñ arØ: mud1 rooreHkely to b;irêferredt9sp~àr~d.uëåti6Í'J þr~f~msirt th~~'àrtYyeadiofsèhö()I..pn (jut<:ónie 11tatisdouö±less éKdcéihafed in turn bylaw expectâtiòns abóut abllitres; T'" ... .... 1""r. ......... t.J ...< 'L···.·.······ .~. ·Ul'U!1 wevoe,u ~Oeaf"n:in9 Oné .oftl1&.fr\Or~,consisfentþreÆJl¿tQ(s. 'ofeducation at <:1ut- . tqrnès i$tfre' snø(¡;r.¡rm:¡Þwrl:t,øf "seat:tf;me'* on tne, part of iif;;1.Uqenì\>\tlo isengiiigeq ín thalteogihg, ~ctjvercònsiS:- tMt in.$.tmdiotl and lèãrnfh'g.1\!IØ Thereäre s:~vera v\lays that Hispanic: s~,.h:ient$ are shoi'tdtanged .~ 'Of shott" change·tÞèmselVes-,,- on this factor oHime Òntask: ., The rt10st Qb~"fou$ W;JIj otredudl':lginstructÎon;¡¡f ·'tÎrne Is to h.:ìve poor sdtQo1 atlendarl1:;e. This ¡$a$rgflifiç<i'lntpr:ob~em çmong Ht:$paniçs:, particularly In lower income iamìH~s and neighborhoods. WhTlè not gu-antiTiable, attendançe prob.temsare a!so reh:¡ted to s,çhool €'nvÎ~ ronmentsth.at are less chaneng.ing~ .. Over the entire K~12y~ar5t Hispahrc~toç!~r'rÏ$te'nd t9 clr6þoutof $cnook'~ at a hrglWfratethan other grO:uþ$. ftt Imler city and Icrw.. rf}(;ome~ubutb.5.dn:;¡þOut rate$· in th'è, ~40 pêrêêhf ranger for HispaníC$are not unçommon, Ontegortð from fOff'(1al schooling, J12 ': '-\ 16.2 C Q J HÎ$pàri¡e$~ !14 .-- . His¡:g:¡¡ní,c srudênwcarø: fé$$IUiéJji 't9P¡¡irt¡dp~te.inAP t'ass$i diJ.a tÖa laek of'availabHity~ or tQènrqJ In con~gé þtêþèfas$es becaMße ofe lack ofknowiedge of thé -avaìl~bre pt6gFams. In' 'éffèctt they are not challerig:ed. .. mf¡! par~nts ofliispani.c h[gþ $cnqql $tOOf¡!ots --particul.arly those wiJ,h less [nGomeor éducatk~nalbaçkgrour¡ dtnémS'e,~\les ........,. are lass likely to b{:vaware>:\'!I!oT mote ffg~rÖUg educational cunieula thatËlre avarlable Tor their children and E!$sentîa1 for çoUege admiss,ion. There needs to b~ mucO'moreeffeclive·informatiQnal outreach to. Latino. parèHb> on i:hèsecdt1cal 8Cddétnicdhôkes. ., hi manyhighS1;hocl~,the )1Quth.>d.Jltln'e i~p~lf tends; tó QÎscpurage. taking andachÜ~vm'g'jnrig:òrousclá$se$, pertiCldarly máíh~l1d the sdenc:es, Th¡st"r'taY be seena$¡b$loga ";ge,¡k" or othêr more colörful name. Unfortunately.. as a resült His¡:iank: S:tudéms m¡:;¡y bypass opPQrtµnitiìps to t?ikè <R:RvElhG:e,c;I còu:rs.è$ In . math, çömputer$,.ör " . _0· -. . . .othetdiffi.çurt a.!1d~H~~~JeH:vaJ:1¡t we~?!and *,IA$. r~duGe furore pppqrìúniti'e!f in fern\;l.nera~we êarè:Ø" patþ$Ä9qin, m¢J[e Hispanic pare-nt5l.i1nd students need to klìowmóré'·¡;¡boutlhö· imp!! cations.oT ªcadamî·cd1Q¡çe:s.. . Hispank: studelìts. are less lIkely tô þär'tiCiþate In academic enrlch- méntªctj\dtie$~at.Qœur aftar.scl1oòl ordurlrtg thé$UlT'1tl':\eï. · Prop,edy used" testing ii:> âf1ID1þortsnt toot fbrÒ1axJmizi(¡gintell<ic-. wel rtgOi'and eøucatîórtal 'Outcome£¡. Tàsting $~"¡;otl1d be usêda$ a vehide for assè~ng hpv{much ~~ste.ry" å$tud~Íît (oraschoollhas 9¡;¡inedQvel'Î!îs.tr\JctionalC6nte:nt ðrid ()Þl~ct¡Vê5. that i¡ré being addre$$édby t~athérs. AgqqdtBàth¢f uses t~štsfrø queflìÍy,Ëlslt is 'the fârèst waý to d¡8:g!1Qse·learn¡tl~ aöçömp!Tshmentä and ínstrux:;- tiöhalneeds inS1i¡thmts:. Té$tingç:ana!$o be u$ed tÖ ømþare achteve-ment.across schools or districts, andamøng·differ~nt cate- gories: of students, 1612 C)J .~ 1612 C 9. ~. , 1612 C 1...fM"9 H¡sp.QnÎ'C$, partícul~r!y tnþ$èin low~riôc¢m¢¢o.mmvnìtìes, WI-liFe: gre-¡;¡t strides h¡¡;¡va bean made In recent years through varío1:J~~lIoca1iOri pofìdes tar9'etfng resource e-quity andreäöurte, quality, tl''IE~' problem still þèrsístsèhd £1egatflìe'y affects Hi$þdrik students: .. ·Th,· '"åÛ'e",.iY.u''' or Ie ",o;¿+i\ " ,'t",.;;t.;"'ö!òg.iè'· ","''''beê'' ','m'" ""o·-"t ;.;g' ",. "',' '''''. W ....t, e: .",13 ..""n,I"9 .",,,,fJ.. ". 5.......... " .n. dl"'.han. ",p doser, iUand rètent r~$earcl1'.'~nslJmrnar¡zfngthé- è'XplÛd.eMeT of 'th~ ¡,êlst severa! years indicates that computer-based instruction will help stu- dents leam mqfe, heJp students learn fast:er. dlnd inçreÇlise swdents' pq~¡tiveattjtude's tQv.~'.¡;¡td instn.tcliØnç¡nd tn~ use,ÒfëômpUi~r5,.H()t~V~r, "~ff~gN¢' u$e"i~ôffe:ìr:r g~te¢ ¡h'~W9'\~;ays;For drie, lhsµffi.d,e:l'1:ts1:lPþorftnaybið:eaì'mátked Ít¡( staff traiiiiríg ËJríd d~ve¡dpmèl1t in the use: oi tedrnology. In otherword~, aUoçatioo$ f¢f hard- ware are' .often ,eager to pun off thana!lncâÜoO's f{jr '~he "$Qft7sTd~" of t~cl11'lO~OW utilrZã\:íøn, ~tthöu,~h 'tl1e latter f~, v¡ta,I~.£~CQnC{éiJ?faS schoof;...bâ$:$d t~¿hno;.iOgy eqohyî$$ues ar.e. . ,... . resolved there are Jing,etingls$uesof thehotnir based"' dIgital divide; "Students can make effectÎve use of COlT\- puters andthélnteomèt at hön'1é only if thé$édire <'iNdrlab!e dlt home, VVhile this goes beyond the, normal domafn Qfeducationa! prograrrr min'gi It dêad~'ítnpácts thé abflitjiÖf schools to effectively utilIze !è<itrning, technologies. .: Fe'\<v dis6::Lcts -,-mudllessschools-havèeìth\:¡r thè c~paG¡ty or the wilt to' sort, out on the hasis of dèmöh.sfrab!e, éffèctivètlés.sdiffer.ent aþþroadles'w Wad1¡ng~nd.Jearnirig. Toooftenthe'$e. d~d~íO'ns are madéon~t:te bâs¡s.c~fpoliticS.ài1d,e:dt1ç;;;:tiQnal idÍ;!ok~gy {è.g.. :t.l-¡s rQle . . of' $tru;ctur€d/ phor¡¡~ha$,~cI appfq,;idhe$!o rèading ¡ n~ttuctìon V$;, tb~ w!eaf $íghtr~ad¡ng) asoPþcrseq 1ønªrddata. \i\th¡le'there !sa .." . '.. "," .' ,", .. " ',' .", . . .' . gtó'0.~ng/ practical, and ~è$èarch-bå$edbödy ofstudié$or:'! what \,varkseduçatlot<l'alJ)( for Hìspartiççòildren {noted aboV¡;l, too often thatdnes, ilot re'ach into H¡spanic-seNìngschooIs, 17: 1612 C '1 ,i «Ii SoåalOrSlanÎzat¡on of-SchoolS\ There are hundréds of schQöls nåtfohaflythatwork:for t¡.¡.·~~inçQmé and miriodty chil· dren.a,hd thªtareçpmpetith/~ by arly. s~ndqrd$' That 1$. they looK as good as 1'ha- top tiers of schoo!sin their states on obJeëtfverneasLiresQf aèhit:¡vBmertt d'èsplle having \'vhat cynicðl olb$e:!'Ver$.might$~e $$:th~ "burden" of INorkfng \>VithSitudent$ from minofÎ'ty· or low sodo"econornicstatu$ baC'kgroI.Jnds..., Thêse9re$çhoøi$ thatdó the job oHeachirtgand chdl.~'hglng 1:hefrstudenf$:. andtheteis alohgst.ahcÍ,ing liter- ature dèñriing 1hëírch.aracterhstiçi?+ Theyt~hd<"'V tÞhave.a highly struç;tufed, teacher- œnt.e-red (in the vemaê:u¡.a~) approacn taii"lSìtucnonthat is focused on student learning outcomes rather than the nuaúce.$ofprocsss', Some of tn<::f!3e d1aractedstiC$ indude: .. A priodþäl whò:s~rQle Is to fun·ctfÖhas än inS'trLldí.öoa! ~,adèf' rEittu:f.r m~n anadmir'tislrator;and whovïstbly tàke$ön the mt$$iM of bringing educàtional e):;ceHençe to~1I ch¡ldrerr.. Urifortunately, the incentivês of SChOO$ystè:FO~QftM wprk the oth~r dire:t1iõn. . A mìs:s'iol"t th.;rte!iço,mþa$$;$$r¢açhil"tg~dtþ~lIêr\g¡(¡Sr ~\"'e¡ychifdi no rnatte-r .'Íromwh9tsodö-e¢onomitb¡;¡;ckgrùuhd. tl'ofqrtllnatel}f, tClQ oftenthEi rhec'tOric of ;edu¢atîonalþhllosophy Or pr;ç¡griilmming tiì~ite:s low expectations a nonn. . A disdplined.structuredapproach1:tllearn¡ng mataHals and methQds¡ an emphasis on maxJmizing; ;'tirne'ontas{"and.!T1ÌnimiZing unfocused activities, and a reltance on cunicular approaches that demonstrably \"Íork. Unfort1J:na~eIYj there' are strongcurrent$ ·¡ntÌîe educational fi$k:hhatmakes ignorih£1dat&oa$ed fsrorm,buyinginto edu:catíörli11 fads,~ <Eind not challéngiñg students¡ ãççéptable virays.of ddin'Sb usines.s.. 'There am manyirnport8fltas.pects of fueßbGÌål óTgal'iizat1òn of the scnoDl that are not rouTInely observed in practice, but whose positive Impat:ts are VI/f¡:1! docum~nted in 'the fe:search literature on "effuct1Vé 5chools~. TI1e þoi:rit is that in addition to !ooking at the micwstr'uctureof educat¡onal ptá.:::tice {e;g;, this reading program versU'saoomer1, 'IN€:· can.aso define the $tructufa!and org<;¡nizatíonaJ diaracteristl¡;s i1& ¡- 1612 C 9~ AP da$$.es} a$ theirc.hHd moves through the: edi..u:::ational process. What is needed ¡sa t"I'1Qch larger and fTpreéfectíve informatIon out~ , . ... . . .. ' I'êtich éffört <:in the part ôfK42 5¢hööl~r<:;oU$9ê$¡ ~nd community gro!;lp$l<;t doseÜ1es6 inform¡¡¡tÎon gaps; . Låtinö parèhts need to. bémc)rêknöw~edg~ablêâböut what¡tmeans to be "school ready;" and \>Yhat Weir rôle !'reeds 10 be in the home In 'ŒÍTÔ$ of providing stlldyspace, materials. encöuragement and supportpf hÒmé\>~.,ork, ån!:Jexposure to EngliSh, . V\thil~~dv.catiQria.aC;S9.i,¡ITtªþiltty I? ª~trQng th:$me' in r¢'Cent.edoc:a~ tiÔ/la fúj!i.ç¡e!:¡~ånd pf¥i,grqms;; thefmpleríi¡ðntirtíorlth$reQfottèn get$ . - -., .... .'. '..; ". frustrated for Hìspanië p.arents.Ä.ccöuntªb:iiltycan' önly worK if parents understend expectation and have rnean:- ingful intéra(tti~ot1 \lIJÎth tS'øt:hørs<:iod ~:id1oôl õffrdals.. This.i$ hamperedihGhoo{'pffidiills cannot bridge ~,ao~ guage g;::¡ps¡and'accommodateI0"the schedules of two.eamerworking dassTarnilie$ Forexample¡ ther-e- ls a growing de'lelopmentatthe·schoollevel to have ¡nt~ract¡Ve web sites \Ita \>vhfeh þàrentscan léarn about $ichool adivities, their child's progress, aod cOIf'nT11!;1l1icate with te·achers ,and staff. Ui1.forttm.ately, mai1y.,þarênÌ$"äreo~hµtóut. qf t~è~e colt1rnuhitat:r9n , Ü1i1ìt~é:$¡.ê:Hb~rÞ øC~$e df "åp$'f.$ls,tírvg ." dtSitªldívíøø,1t :áf hom~ b~êd rntemi:1t <)iÇ¢ê$$,öf th~fð1.C±that måny ot th~$e\i\téb sí!êsêìré< n.ot in 5pani$n. " CornniLrnicatiolÌ\NìthaJ1:cf[¡$tening to Hispanìcpaterrt5:¡:an only occur \l1qth . signifi'çant' ¢:ffO;rt,Th¡$:¡mþ~ie'5 loµtr'f1~,t cJe¡:¡r~·and" trtlthfu Irn:es- $8ge$90¡ff~out- thrQugh aV¡;Jrfé1y-of me-dtà SJ'i.çj modes '~ªnd re ceþtívi1y tome ssagfrS and inquides cömfng into th e!3cÞöûf system.. Too often schools do notg¡¡;.neralJy see parents. a$ "cLJstomers;" or if they try; Hispanic: p?rentsare net on the preferred short It.st, 21~ 1612 C 9~ ThefDllowJngaction recommenda1îons ,~hould be;cons¡'defêd~ 11 tncrea5e the use of effective' programs þy H1spanicstudeots 'to help reduce droppingou:t., partkularlymskingscl1001 more challenging and meaningfuifur students. Make,thís aoenchmark measurern the evaluation of s<.::hools¡ MdstriVef¡¿r ;a :standardapPf'oach to the-com putation of dropout$tatiSit[œ. f¡ Deve.fopand lri1þlemehtsta±e-w¡deproceduresfor tran:$ltionJn~ stu,- dem$frqnì9n~ $¡::;hool tó $1lioth!e't ªcro~$ d1$trict Hnës. Thy;,; \/j{óukJ ihdudecQrtlpuhh'iŽ$Çf state datªbaSé$ ohêäcn studehtas mandat:è'd by Nò Chf~d Left Behind. ., tncrease the use of 'effective school F'l1.&nagerrrent appröadliés to maximize tii'f¡,e~'on-taSk in the clê'J:$sfOdm (e.g'f "Oiutlaw'íng" non'.. tlistructi 6fì~lihtertJjptj.qO$". . SíattIng ¡nthelglyer'él~f:riêrítårjlgr9dØ:srma~e:stJb$tàntLa,I; change~ in stude(1t~l'()~.têadl$<r ,í'¿tf(}s¡ albeIt sta)iÞng ;tlos~ to.thèemâfgingç{ata in têt'm$ òf wMre it makes Jõ;ense, tofncréase staffing vérsus where such expendauresr'Jî.éVý hav'é rregliglble:fmpa,ct, POlICY RECOMMENDATIQNS l:n~a:sedE:fle~.v~Lf.r~r-t)i."1 Tirn~ .. . NHC$L ìÍ1êmbêts s.hðÜldsqppõrtpeUçîe$'thåf . !ncreæe imple<r\'1èntation Qf estabHsh'ßd best pta~tk;ès:andsuPPQrt for programs that reduce droþQut rat:es.absenteeìsm, truancy,and tardine$.$. · knplernentdasf:> s¡~feduct¡Oh Joh;'¡Wer elemÆHt1;ç¡ry grade!>:, consis;- tent with current l'è$êðt"ch.anrdbéstprëildGés. .. EstablIshsíatewidè datahases wt:th unique student ¡dentifìcation numbers Boas to moreeffectì\rely trackinter."dfsrrTcttransfer. !ž6 ..,-- "::"0 9 ,;;;; ~ ":~' '-';;:;"ii", 1612 C " The follovvingaction recórnrnendatîol'ls:shoukS· be consjdere:d: '. Make· Hìspanic parenrn more a1llfareofthe1:mportance of more chaf~ léfU;;¡il1g cöursèwork and currkula <:~,g':i AP däSS!à$,èöHëgé prep). and the oppprtunlt¡es afforded by pos~condary education. ... Eliminate dìffere.ncesin curtfcular offerin:g across schools that are.prl- marity. a run,ctiónöfthe ethnid1.y· ahde.dionomk status cfthe$wdent body 6indcarrrnunity; .. Inërea,sß9þ'þ'ç¡rtunttiøs; rørHisþårlÎòstÚdenis to pàttIdpaté in extraÓ,Jfrícu!ar and summer;;¡çademíc ~nr¡èhment prögr:$tnS. alìd enlist. colleges. corporations,. arid comtmmit}' organizations in tÝ1:is effort .. Inqe('!se trre.?fjgnment Þeiw~en dem~ndrns asse$$ri'ren1: (ertd:-,Qf- yeiir tëst:Jâ1Jd demâijdíì1gêurd~ulum¡hvmiéhmost ·of.aU, sfudéi1t~ pârticiþate. 4\ Mäke sure. that parents and studeritskl1{)w and understand - early În their $éhoo/ car.e·er - tha re:làtioO$hi¡::,bEftweO$n takJnga demanding cürriculum and getting intoth>a b·ectter coHèges:, .. Use testing arid aS$éS$l:hént in v~~s that it is an ihstr~ctiönal to>ol in th~ daS$foømand.at th.~ sçnqollevel. ªì1dawa~ófi~$~efing$choo reformat df:atritlqnd st¡'Jitg,!eve!s;.LEfarn,whattestscå{1 dO\1>leU. as \:~H as their PQt.enti¡;¡¡l$Ò.qrtœm¡n$$'Xi<)~. atId work to trlaximiza the former-and tTlinírnize the ·Iath~·r. Maka p¡¡¡rents'aW¡;¡re of" hi gl1 $takes: testing," in which a single test assumes an o'lërarcning role in ded- sfons, aboutprom.otion¡. retention, and graduation., Avoid the mind- ! ess .p ra.clice of" te.aching to the< te st/' , . pót.r:CY Æ5COMMSNDATlOJNiŠ lt1aéa$~d A<:åde;m.ic.Rigor NHCSL me mhe rs should support paUcies 1m3±: .. rll-take the de.fault high $chool currkulum one encompassing rìgorou$ academic cour'sevvork. iž$ "J 6 I ~~æ ~J~~;:! C'· ····9·,·,·.··,.·¡.·.·: ." . ," '..'....'-. . . . ~,-:' /æ;;~:i:w:. i<¿',:.: ,..:'~~ 1612 c 9J The followTngaction reçommendatión$~ho:u!d b.e·ço-n$¡der~d: .. Incre.aseteacher sc;¡Jary level.s generally¡ but also wovlda mom incen-- tiv,es and bonus OppDrtunWestö reward exempfaryteaching, partic- ,ïJ1dí1y in low þetförrning schools. If increase financial arrdcareer jnC:én't:rv~s (~;g~lloi1mforgP,tene:S$. signing bonuses, tuitfon paymenfs,,1brgraduatEt training) forhig;h qualIty teachers Gndudtrîg master tead,èfs and Na'tÌönal Bciard Certified té'achel'Sl tè)' work, in s.chööl$ with' high þéréê'rrtagêsöf rninorì1¥ and/dr !ower ìncome,'S1L1dènw., · Incréase theaclmlriistratrve fleXibiUty fQr dischargih!;f, or re- deploying ttl;oon~téach¡ng as!:>Ìgl1l11ènts¡ those têaché'l'swhö ,ara not V'lorHngol1t in t<em'1S of dEmSr-oomeffectiven'Bss. Ii! Actaggr.essive-1r, toO br1þifOVè< pre~andîrFseiYic~ traìnih;.gþmgrdmSi andé$tabHšh $'trorig riáàu¡trn~nt ¡ncluttîoni~nd r~1iéntioh þólìdes. Implement qualitymentdrf'ngaod pf(}fe$$tonalcleve'løprnent pro,- grams that are in ttnndosely aligned ,..ritn ii-tstruttíönal standárds and ctìrricula. * Make non-traditional roui:\7$ to. at~acn¡ng career eê!sier to foHO\~,p~r;. 1kuJarly for maiure ¡ndÎvîdU:a~$w¡th exemplary careers in other fì'.eld$... i'l,t th.e s,ame t!rÖe,.en$ure ihat2J!târhatì\recert¡itca~¡QfI:Æhdüde.s· a¡::ipro- ptia'te and necessa¡ry' nçehsfn.g:tests,þre~e:mþtóYmeÙt þêdagogicaf träìhíng1 ,and 01199109 professional dà\o'-eJòÞrnehtänd mønt6ri n g, POUCY RECOMME'NDATIO'NS Tead1'~;r Preparation NHcs L mernbe rss.!1pµfdsqpport poHGÌJ,:s that ., RédU(;:~ fht,fdispad!yatross.~hQ61$jn the q¡ual¡~tèxpér¡éncècré- dentl'als, :and þrof~ssi6n aI, lrafnit'lgortéðeh ¡f1$staff. · Elevate: the: ;q;uanty; éxpedence', .crede:ntjas~ arid pr6f~$siònai training of teaching staff. · Create fìnanÔaf structures that support and [,€w,¡aro teacnìngexceJ- fence. t; Revamp prof$$sÎonal training programs to inqe.a¡;e the number of bilingual teachers·andparaprofessÎonals. /30 -¡-.." 1612 C 9. The followi:ns action iE!,comrnøndaìîol1s should be considered; . Increase the widespread dìsseminatkm of proven (data-base;d) dþþröEiIl::J'H¡~S to fhëteasingeducationcd outromès¡ índudìnQ: èffedive Gonth1uing professional development for participating sochools:·and 51:aÍf,and 11l1andàlincentives îo be.innovaiive. Too mttchthat passes Tor œþtoÆetsional develòþment"¡l'ivOlve.$oF'le~$hötptè$t!!frtatior'1s. and meetings that have Httfé fínKag,eta Implementing. . Dt2lITIaûca!f¡y Increase ìliepltlnnìng: ahd .$taff trãinTngtïèC'èSSary tð integrqte cQmþuter:s, thë Int$me.t.i and ralated tèchn6lógJè:s h110 mqre:WI de$preadand. effeçtlvec::!.assroornusè. ~çros$.a~t subjects. it'EJim¡n?t~the "df9jt3ld¡vidé~ ¢xperfênëeq by H/$þanî¢panantS and fufnH!e?d)Y{fst~þl¡sn¡rig'ª$a n?v(lnª[goa.lthat,evêryfarn¡ly wlih a $ênij(j:I-aged d1HcI ftas hcÚn~baSédj, htghspe~d ac¢eS$ to tri:e Internet PQUCVØCQMMENDATIQ1NS Learn!.,g Rës.Ql.lrê~$ NHCSl tTlèÌTJÞ,e'l'$sh"ould '~uþp'Qrt'pöHéiés,that ., Incri(ia$~thøu:se ofþr:qven{dat"rbas~~i)ptè)~tam$ qlídþl'â~CéS tø . . . incréase: edfJGaUOR.âf' outcörtleS by ap¡:iropri'ate r~hguage inåuthorf- za±ion and appropriation bms~b¥ legislative O\(€!fsiþJht, and Þy being a visible ¡!Idvocate foredl!.c;a:tictn.a~ innov¡¡¡tion., II; A¡;:n[è\f{;} parity:acr(?~$qll $<.:hoQrs in thèCQliœrttrmion ofleQfJ1inø ..' " tèc~nolQ.g¥" a,nd :the>œpaqt[t:l5. öf' instn.lct!orra.fsta,ffto . USe it . ' . . {iocllJdihs'c¢mputet compêtM,qr~s:an I$I'ementof teacher oêdu~ -6onand· crecdentialing). '" EHminate the " òighaJdMdieM experie<nced by !-Hspank parents and families, induding the promotion of accessibte venues in Nbrarjes., communities, and other public fadHties, as welJas Gonsíderation of statewìd~õr dr$tf'jct~w¡de êxperim<efi1$in increästng th~ horne:-.based avaìlabWìyôfcomptrters and<lnterriet acce$$. !32 " ¡.~_.--. 1 b 12 C 9J The föllöwíl'ígactiön t~comménddtiÖos shöuld be,cþflsidefed; · Incre-.a<$e .th~ ¡;;fìs$érniriRtIòhandirnpfemen'ta;p,oH of' fuê praçtjçz¡1 l~ssÇ1nsof" outlIer ~chóaJs"or!iç:!iøof ~,that\...~o¡1(,;, .. I¡¡;ttêåšé thê!'qu,i!;!Htyl trãJnlng, ¡and réwãrg sY$tër'r\S'of sd)o.ol síté .admInistrators throughout th~ eqvçç¡tÎoo¡;¡lsy!?te-m, and <ma~,e ihem accountab!'\? for the educational performance of their SC¡'OD!S. .. Make practic:e$and programs ~that work"¡¡¡ watchword of school... level ma:nagef"I'Wnt;.and gþ;af~,ànd fncrr;-a$è'disu-içt <;:mdsGhoQ !evøl C~þ4C~t1éstqþe',iiW~àtéófèmèrg¡tJStese<~:rcb knowJedgé.Olle:ff(¡¡ctìvf# pr{)QrárrJS':;(!jndþr~dh:~es,; ''Y'Id to împJ~meht ~þO$~)é$SØriS. · Ensure ,·thati:he' teacfters'and Ie aders'ofsch oalsvJhkh serve Hisparifc children are knowledgéabte.i understanding,aod respe.ctfulabout the clJlture¡ hU$tory¡ and Language: Qrthe various Lati'nó comrliun¡1~ø$ in 'théir resþective dis:brk:ts. PtpUCf',·RE_(;GMM~f)í\T.º!iS S~L_t"". . .., ......' , ·..çßOQfJ vf'g~nlæ:tføn NHCSL members shoutd'sUpport pofides that: .' Increas.'I!i! the quality¡ tra'iningj and rew~rd systems of school site administrators throughout the educational system, çmdlTIaV~ them acoouhtabl':e. for th~aducatíQnål perforr11ätícé of thé'ir$chools, ~nd the I.l$a ofequCQtjph~¡'programs:th~t\¡vQrk; ;34 , " ".""1";/'>6"""" "". ::2' "". q>, ··'····.···C"'·'···)' , .. ,. . ",', -' . . - " ,.. , 'n" . :. ""'," . . , 9) 1612 c 91 The foHawing actì.oA técommendà'tipr);ssncH.:rldbé c:phslderoo; .. Drar'rj.atjcaUy lnaria'ase th:~ outteaoch r.ole ttt H¡spanlcparent$ and commuhHíes:baìngp!?iye çfby K-12$choafs atrill'levefs, '135 ~te]. as by colleges anduniver$¡ti-e~h $0 th<;¡t theý cart bé- mòr'éll'tförm~d~nd active education" consuméts"'for ttÜ~msefve$andthéir chitdren. ., Make an COrnn:1u¡1Îcation toahd int-êraction \¡vith Hispanic; parenti. ~n$ft¡vetPi 'thè l¡;¡ngl,;l9ge, inter~ç4t.Qr.atarid jp!:Þrelç¡tèd .i~ues 'that tOe¥¡:tre.èþriftÞntÎi'ig-:ó.ri ad.Ei¡ly b~$¡s, iii Sìghifkap~y ifideasétf'¡eknoWled\i;iêöf Hispanfç p~rehtsQnh9W the edUi::ational$ystemwork~,~h~ d101¢e ç¡,þti'ol1$' ât¡aU JeVé¡s~ god thê œréér and Hfè. þþtî.ons. ;átff¡jrd~d.by:dìffèr$rl1: þos.t~s~cQl1d¢íFyþr¡j.. gran--tS and settings. · Address diyergent,expeÖtations, that Hispaoi'c parèrtts may have fòr thejr~~-e vs; fei:r¥alte thildrél"l, including the V~IUê öfðttendtng a toþ rank .çoUé9~ awayfromnoffie;, P'OL-ftylm(:QMMS'~LA'ftCN$ Enabfing H¡span:t(:Pà'ent~ NHCSL mernbets'sf1:oqld support poljd~s ~hat: ., IhCtecase the numbèr ofbJlingual töur:ìsellngditidàdmínìsfraìf....e staff. " Increcase- the: qualriy al'1dextentofoutn:~ach to Hispank: pafents and communities. '" Make communication With HtspaoÎc parents sensitive to1S$1JE!S' of lang:uage, cu!ture;:and'sodo--e¡;x)f'ìot1'ic C:QndÌitföl1; ... IhcreaSé th~b1owl.edge úfHl$þåf11c parént5ön how theê!duê:atton~1 syste rnwork$, '36 16 12 C 9J bb..H~ ribbon commissions should -be ¢stablished on altemat~ funding programs far state supported ed1,Jcstìon progrpms. pcn.lcY··RSC.ONlMIEN'DATIGNS. . . ,. ," ." ,-" ,. -, -" -.. . , NHCSL membgrs:,shpuldbce. v1slbleaód"O'rc:eful,advøcates ~f <;1. wisejrnpleme()ltatiGin.ì?fff.¡~No Cbl{dL~fitl3éhiitdcNCL:el ~n¡ti~/tive.. While Ncœ has established a pÖli.cyffame\IVork an.darnbiûoüs,expectatîons, .its effeo- tive implementation ¡sfar from assured. In particÜrar, federal budgetresourœs need ta be cörnmènSurate With NCLB þf99fCJtTll':óati¢pbj~cfive$.!t;, thi.s,doèufì'j;ßnt \ð.re have ",' .', . . - ".. . ',' ". po¡oted out wheff~ !"JCtE provisiöns 'inter$.~c:t ".jj1Ti QUI" fèÇ.ommendations, Nonethe!øss¡ NHc:SL mØrnb:éf.$,nê~q töb.e.aeµV-é$tewardsGf howNClEisbêTng rofl~d out rntheîrstatesvnQWeòUœûbnalagendes- are ·partlc:tpating,and in partiœlar how itIs jmpading Htsp3rlic"servln:g:sd\oo:ls. (;ommtmitles, and children, While there are great pott'i'ntli!Ms. for þositivechange In NCL8, m.¡¡;re are also fnêlfjY opportunities for negative or unçeft.1;¡;[n irYìþ'ð~,Amon.g thé:$è, the p9tential for misu:s,e of the testing am:J .,l$SeSsment featuœ.$øf the program I¡>· consi,dèrab!~j· andcpuld be exacc erÞ~ti¡;d by~ñor:tfaH$.f.n:pl'¢gramf$$qurÞe$<sI19t:ðt~cI1;:;;y ··1O$:feQeral gÖv~rr¥l"nent~o . -.. . . -'.' ....'.. r., _. ..."._ ',' ' . ," _ '. the· states. POUCY Jl¡CO'MM~.'tDA;TIGNS t'llH CSLmember$$høuldu!$ê1he .iil:nilly'þtlfþW'· ,øftbeÍir' iCrffiœ· tø prcmo,tti: qualti:y &.d'uœticñ a¡mo~. th.è1r <:O,f1$titthMl'l'b.. Beyond their formal: rêSþQI1SJbilitJ¡gsëJ:'s;legt$laî:or.srNHtsl rtiernÞers.Oi::éuPY a unique rö!.eø$:ci\of¡ë l(Î\!aðé:t$)hth~ H¡$p'an¡ciçorn~ñ¡ty; '$Ùrv~yaftêrsurvey· In.c!icätl$$. that Latlhóel.ectød off¡df3bare:r~s;pif;dj;¡';~>oplniqÍ1e~d~;r's,Thrôu;ghä¢tivìtté~sqch ë¡$'tò\.yrl h<1!1n1f:H¡:tings., nèl¡,,'sl~tt<&r$, P\Jbf1cS:~rvÎcäaol1oul'fceni~nt:$~ànd$p(¡tedie$. Latìn91'e,g~ Î,slatorsn,eed 10 b& vi.slbl~. cOI1.sìsten't, andcnadfblêsÖÜrœs;.of Inrormation on the importaoçe ofeduçç¡fioo, the þroblems that m1,J$t be faced to [rnproveatb<iiinment and ad1ievement, and sot!utions d1ðtcan be implemented locally and s-œtevAde. POLlCY'RECOMMSNDAnONS l-àttñO 5t;d;e 1.!lifs;~a;to1"~ d:i~;)iliddhriÀS~tœntÎ;on, tc>reiC:o!~¢,d':t~c,0!1s Gf ex:cen'en~éu ttt .~¡t1¡¡re_~I1;~t $,~rv!d~g:etìu~ørs .~J..á:tinó ~dløwer inc.øm~ students. This réþórt h;¡¡š 'èþ~atéidly mérí'tipnêdthaì!i.cho61$shoulclfí1¢ofpÖrale þr'ovøn ~b€:5t practices" tq ímprö.V'etb$ leét11írig or latinoswdénts; [n fâtt, through varloU$ regiona!;):>;J( and nationafm:r stud¡~Si nundred.sohchoq!s are being îden1iiÌed that serve minori'ties and¡o\.v~¡ncomestudentsf and also place in th~ top tier ohhe:irstate'sedu. 140 -¡- !;f1/'9._ .,}W",· .... 1612 C 9..1 En,dn.otes Atkinson, R., .couR"R...&V,Jard, J, The ':Stai:e . New Econqr:nyfndex:: B,emd:1marking Econom i c TranJormatio~ irllbe States~\Àla¡¡fí¡l1:gton;D,C.rPrèl:9res:SívaPorlcy Institute;, 1~,. ¡,. \,ia!enzu;el~ A.5Übt:radJ...,e Education: U.5£ MèxÍœn¥outh,andtheP'bfftk:s:G[:Caring, NtW;.rYDrk, NY; SU~ 19""19, ¡¡¡ V_s, Department of Educatio.'1; NCE:S. NAEP 1999 lfends. in Acsdemic Progress: Three Decades of Student P'.>rformanœ('NCÈS 2JJiXJ4ó9),4JQ:J, IV National Cente.dör fdUi:::atiönal StatiStics (NCË$), The Condition of Ëdw:atton 2OD2 in; Brief. U.S. Dè partmentof EducatÎ on,åfñce of EdU<::.<.ltí öna! Re,-se ar<::h. at1dTmprovemerrt;2ÖJ2, V NCES, op.¡clt,,2ÖQ3, VI . Bow'êtl,. ,Viand B'6~,t:J. TheS'hapë mthê R.¡'..ër.Lon g~ rf!!fm:è:oh~ë9uenœs ,of Catisid.e rfl1$j: Rðce inCoUega and Unlw:tsity AdmÎ$;$ìön'S.Ptint:-etoh, NJ:Pi'i11'Cetön Uni1letsítyP're,ss;, lWîL ~'i F~ Gt Latinos in Higher Education: Many Erm:iU, . Too Few Gradwat:e. Wð&nlogtoll, DÇSp~w Hìspatlk Trust. 1002. ',Hi Gðì'1 dera, P. <i1hd rvtaxw611.JöllJ{ J. Prlmin 9 the £\Jmp; Strát~~¡ ~s ForlhcrèÐsil1S the: Ä\;hi eve:m e nt óf Uhdërrepre s~htt')d Minority Ur-.ôèr£jtadlla.te it ThëCdlègëE!card, .1999,: IX Jðcl;!¡,\on¡ S. The QufJ:\\ttrí$tS;:;FaIíngShortiI1Producln:g AmericlaIlSd,ent¡f¡c and T'e¡::hnkðl T'a!'$t'\t.Suilding thg1ner¡:rÎngtmdS¿ef\.<ce 'i'àlent <SËSi}, x Pr~$jdent!$I)format¡Qn Teci1oolo:9)' HAdvÎsoryCommittett(PITAC:), (1999), Report to the: Preside<nt, Information TecnnologyFtestH!lrch:lnve:stins 11'ldi.JrFlJ't:lJre.\Al&$ñ~ngt'Pl'\ D.ç:,:Oíflt:.E:of thE: Pr~$¡dent of the United States. :>G NatiOit'iðl Re$/ilarch C¢undl; E~gerto learn: E:cluœtíI"i90Ìi. Pre,scf,Qolen:. Wi!tshington, D.t.: Commi$$ÎoFton 6ehavior/JIj anq $od¡;¡ISç1t!!nces :and Edui:ðtfon, NOItion^ðl Aca&~my Press, 2QC(j; Nëtiooa' Institute of (:J:-,¡ki He~!th,(2t'1cl HumanD1}v~f;opment(NIC¡"';¡;D). TneNICHD Study of E",rl)t Cbi!d Care; ACompriï'heo$iv.e:Longitudil'1i11l$tudy of Yc;.Utngéf¡i!dr'eon~ Lives. \~"ðshington, b;C: N!CHD, !99B. >11 See, 10rexample~.vðdoµs., ch¡:¡ptÞ($l.n:. '!b£;!:;~a:Llffm¡¡11 ËfIfJySducat*?fI Ëx:ch¡;¡nge. S~tfQr Si;¡cce,s$:Building .,a. $trol)$J fþl,tod¡;I~¡'f;)r:¡fQ.r $choQIR'e¡¡d¡l'Ie$~aà.$,¡¡d9t1 the,$oGí~-S:mott.QIfI~1 De.vd opm e nt pfYo.ung 'I::i;ifdre:n,K'amH;\S aty,rvlPt 'rh eEwi09.t>.>'''¡¡¡rTQn :Kauffman Fpu nd:atìon,:æò¿, X!II Natiqnal Rçq::e&rch CoundL EmergIng f$$ue.sio Hisp40kHei;\ltli. Washington¡OO The N¡o¡tíooa:1 Åaldemres Press, 2002- X'N Bropl1}t J, i.;jnd Good. 1: Teadr¡;;,r 8~h<wíoral1'd StudÞIltÄchievement. In Handbo'JK on R'9's:.eard~ on Teadlin9; V\fiürodç. M {ed,), New York. N'I': M¿¡cmil1ar;; 19B5, >:v Gan de,a. R and Maxwel1.,.jcll~.J. Pdm¡ngi:hePump~Stred:e'9r~,s, t=orlnQ;eQS;f1gtbeAchiwem ent DfUnde rrepresentedMì rwtfo/ Undergraduate s, 111eCoUegeBqar4 lWg., ,;'¡>'¡ Ade~ man, C. An~e r¡¡ ìnthe, Tool BoX':Ac<'!CIemicihteos.it.'t Atte:ndancePåtierns,.an.d B achdor!g De'gree Atï:ainme:nt¡Washìn:gton, Die: U.S'. lJepartmentofEducation; . Offfce, 6fEduGatlooal ResearCh and Dev'3Jop/TIent;; 1m, XVii Pacnon. H., Feclermar1, M. &çastilfo, L,(2Œo, November),ÄnAnafysis: afAd.'anced Pì;aœment (AP) Cour¡;.e.¡; in California High Schook daremorltCA: Tomás River3POr¡cy IGstitute. xViii See: Tomatzk)t LG., CùHer, ft, ~dte'e~ J, eollegeKnov..Iedge: What LatìhQ Paænt& Need to Know6nd Vi/liy They Don'tKnG\r,¡it.d,:¡remol1t, CA: T6rriásRì'fera Policy Institute, 2DG2. The maj orB:}' of 1lOQ Latino parents partJôpaUng vIa an ¡:¡tJooatsurvey ì fl a .; knowledge test "çouldn 't al1$w~r most oftneq~$:tionsabotít· geüingthéÎr ¿hfldrèh'1iJðlffied for wile g~~dmit$ion, 142 -t=- 16 12 C 9 1 ..:r~ it ;':¡X (zµmi. L a;ric Coburn, K. facìng:the Çl¡3:Þsropm Ç}~aUenge: Te~h er Quality át¡d Teamer TraÎni ng in C;;i!ìfprnía~r;$~pqb;af' EâL1i:i:å'tiq~ 'S<i.n fréfnqi;cq,(',AéPádf;iRe:¡;""èlrch 111 stirute'{Qr PJJbHc Po!ii:¥ 2001~ tx KeHogg Co,tÜ'riîßsioiiôö;theFutüred,t11~'Stateánd'Lá!1cf';Gtaf1t LJ;j¡verfiìti~s. ¡{~n£:wM1g th", Covenaht:l;åam(nf1. b¡sCÒ:ll!'iÌ'¥. ~r!dEf1g<>,g~fI}®tìn¡;¡N~w,Agêand aDiff¡;!rentV4ortd. Wamingïpl1, D, C.: Natiöl1ià! .Äs.s.ociatlor"l dSt~~ L(t1IVêf,!ñfie$'Md l$rid.Grant Col f~9êS, 2000. ~o:! Sè\'J, for êxampt~. -t!1e, 1:oHbwirtg: Fa5t;ola, 0.5.& $Îåvin, RE.. (1997). Effëctive¡Dfopou/: PtßV'Ðt'\tlötì M¡j~le9è Attf.\'ndiilMCe Programs for l<atind$wdents., Billtimóre, MD~ Ô~nter for Î(ëi;¢archor¡ St!Jd!i;l'\ts:Pla¢~datRi$k(¢RESf'A~}j Fät-hola, 0, $., $Îav1i;. ¡t, E., Calderon, M. .and DUrlIl\ ~. ítW7). EífectivEÌ fir,øgram~, for l~¡rd,$t\Jd¢l1t5 l!'}EI~mentat:yð:ndM¡ddle $r.;hools. ß~rtfrnøre, Mþ;Çe~el'i9rge$eÕlrch' on$wd~Pt~pr~ted,<Jit~¡šk{~ESPAR)RepQrt No~'i1, ReyeS. Ft, $cÔbrier,'J., Dl, &; Sçrlbher, A. P. (I~; 'te$;sPO$,: Froj'ri i-Ii g!¡~N'rfÇ1rm¡ng Hispaniç School s. N~w York: Tèàcl\er$C6l&~~èf'r~ss;Slavrr'l,' ~,E. ê'J¡~drl¡t6:cldèrt;N, Dr $Šoåem ihåtJi1g S\iÌC¿e,ss for An: léS&ÖhS tot F>dHc.y at\dPtê.circt.aitltîmorè, Mq;.çel1tèd6t Rt$eâ¥ch öi1 Stud¡¡Ïht$:P'lácedatRi¡¡ktCRE5PM\ 1999. Report Nô.3i:J. JI,>i/1 KI..i!ik, J.rv1\\!ta..Allalytic $tudies<:if prnding$ ornCompt./tl/;\r,.Sased tn¡rt-ructioo. in Baker, E.l. eind Q'NeiJ, H.F;Jr; {Eds;,,}, TechnQlogy A$(';!iis.smClnt in Educe¡t/ón and Träfliing. {pp.9.33) HrIl$cl.(¡!le, NJ: lð1Nre rtc,,! E.rtb~u nì, 1 ))'14 ' ' , Xl1UC~$öfÍ,l.. e~lIrn1.in¡ J.F¡*!f~E.~r Lfhdþl~\'J, M,,$umpter, J., \f¡~k~()',.B.,' &: TQrhaitZky,. luG; Makit'19 Te.~n9IoW H~pp.~!'1:B~c$tPittÇtiC;~$"n~Po~ì,<Zi~~ ,Frqm ËXe'mpl~rr. ~~t2 S,chp;þ!s; f.or T.ead'u!;rs,. P'ñnê¡p~$¡. p¡¡¡'I'~rit::s,. ~61rqt M'lAk.er~¡ ~hq Ind~$b'y,Rl:!se:årèh TrrillJ''I'Sh" P'ark, NÇ:: $9uth:errl' Grol;'.·th pòrrcl~Bò.mZJ.1991. ' " , .. ' XXiV Röse-n:>.hîno, B. aiid $t~Vên$. R. Te¡:¡cl\ing Funct¡ørìs,ln Handbù¢k' 01'1 Rfl'$!'Jarëh Ori Tci!chi'.,g, \i'{~rodk. I'A. {edJ NòeyIi YorK. NY: Macmillan; 19$6, 1(:'*;' Noeth, R arid Wi.mhe:r!:y. G. Creatìhg$e'<!IDlegg Eçkf1:at;í¢fÍaI1rarÜÜtions for Uman African Am,¡,¡l'ia:¡ri.and Hi~pmic Stu:dêmJ¡. W:;\\Sn íngtøn, OÇ:-ACT w¡!(t;~bec::o!Jrtc¡¡ofGre;;lt City Scnool \1, .2OG2" X~:YI Tomat;~l.!M~j¡a,'Q., .Lee,J~anc;t T~rertt..S::ÇQ¡¡~fie'CnoJèe$Amoh~Lät¡l'Io$: !sS:iíe!;of b~5v¡ng HOD'~' (j¿:'Ì'~mQnt,ÇA: Té>rr'I~$R,¡v~r,ª,PQHGY Ifì,~!tu~\$i2!)J.3" l,r.vfl W~Um{:lrí, J;St~eP6IiW~g: Comtriu~ it}' C9!!flg~;,~açC:6h;\:I:re-$te' Tran$fë'r: Wå$hfnston, DC; The Nq¡t¡o!f\~ Cent~r fôr P'ublrc Føltcy, arid Hi9herE.du.~ctt¡i;¡1'I an dttÜrlf\$t¡M~for HfSh~( Edl;Jocatìøf1 P¢¡cy, 2'JO.2. . ' X;I.';'1i%As de.$cribed in" Torrl&z~ LG.,Cutle~ R;.- and L.e¡;:, J.Cölle:ge Knowledgè What Latino Parents NeedtoKnd..v arid \<Vhy TheyDDn'±.Knclw ft. Claremant,CA:Toti1å&RweraPo!ity Institute, 2:ID2,pite (9.7% h&le çc¡¡¡e;g~e:kpect:~¡ Qrí~ x.x1xK¿bèi; N., Wh<¢Tè£t5fCat1 ahd Cã;,'lnptT~H Us. V~a5n¡f'ígtôn.PC:Cw.1teroh Education Policy. Octobe'~ 2D02;K:bçe~ H Tëaclì¡ng:~qth~ Test. The Gpo,q. the B¡¡¡q,ánd \,Vhò'!;. R~spònsible, Wi'!srlÍngtöl\ DC: Cerit'i'o'r on Edt)çation PoficM June, 21):32, ;;""0 Séé, fC}re~<m1pre; ,Izt,.rnii., l.Cob~, (,;'arid Cœ¿;M:Tf¡ell'HiWe 'Ovi?rcome~Hìgh~fòv:ertý. Hlgh- Perf orrn í ri'g Sd-Jool& i ri Cõlffom¡{j. San 'paricis6o, CA:'Pacïfíc Re$earch InstÎtffi'e~ 2OO2:,AI~ R '5hd Jeral d, C. ŒspeJl(r¡g the-Myth fnCaI ífamia: Pr.¡:limii1ary Fíli&ingrdröma StqÌeã!ld Natiònv(ide Analyiis of "Hfgh-¡:[¡jiing'; Sd,ôo[~. WasrÜngtå¡" DC~Thi ËduGaf'jÒn Trust. 2SDl. [ww1i:v.edt~&t.org] XXXi Jérz¡!q, C, DtspéHîrtg t1-¡~ Myth Ré\j¡Stt~tl: PrdimÎDar)' Î4ndJngs fr¿Ùi! a Na::.ÎôhWidé Analysis of "HTgh~F!yil1 9 "5 thócils. Washir'u;ïtÒp, OC:The Edljc;ð'tføn Trust, 2OD1.. ¡W\"'W, edttust.örgi 431 ~:-~~~( -:" ., . 9 .,þ ~ ... .,.... Fiala Halas Henning Coyle Coletta t ./' 612 C 91 COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) MINUTES OF August 25, 2005 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA Raymond Cabral Manuel Gonzalez Ernesto Labrador Anna 1. Rodriguez J ames A. VanFleet David Correa ( excused absence) Renato Fernandez Maria C, Herrera-Rodriguez Cosme Perez RECE\VED SEP 2 7 2005 Present: Absent: tjoard of County Commissioners Also Present: Mr. Michael W. Pettit, Staff Liaison for HAAB, Chief Assistant County Attorney Ms. Lillian Amador, Collier County Human Resources Ms. Colleen Greene, Assistant County Attorney Mr. Victor Valdes Mr. Robert Canino, LULAC Mr. Rudolfo Pulmarea, Vice President of LULA Ms. Edna Canino, Attorney Mr. David Plaza, Editor for GACET A TROPICAL NEWSPAPER Mr. Frank Rodriguez The August 25, 2005 Meeting of the Hispanic Affairs Advisory Board (HAAB) was convened at 6: 13 p.m. The agenda was approved by a vote of 5-0 with Mr. Labrador making the motion and Mr, Cabral seconding it. The minutes from the June 23, 2005 HAAB Meeting were approved with Mr. Labrador making the motion and Mr. Cabral seconding it. The approval was by a vote of 5-0, There was a discussion regarding all of the attachments tó the minutes. Chief Assistant County Attorney, Michael W. Pettit, agreed to provide copies of the attachments to Mr. Labrador. Under Old Business, there was discussion regarding the June 23, 2005 HAAB meeting and the report done by various HAAB members. Mr. Pettit spoke regarding Mr. Perez, Mr. Cabral, and Dr. Van Fleet's report, and the letter from Mr. Labrador regarding Mr. Valdes, Mr, Labrador opened the motion, (to read Mr, Coyle's letter) and Mr. Cabral seconded the motion, Mr, Labrador began by reading the letter of June 30, 2005, from Commissioner Coyle (attached) regarding the request to the U.S. Department of J.,~~1Vestigate Mr. Victor A, Valdes' allegations against the Collier County Sheriffs Office (CCSO), as well the /1/ I It; recent HAAB report, Hispanic Community Concerns Relating to thS>.11ier County Public I Item#: J foX de q Copies to: 1 1612 (' u 1J School District. The letter also addressed the duties of the HAAB, and the function of the BCC. Mr. Labrador's letter was read following Commissioner Coyle's letter, Mr, Labrador's letter states that recommendations need to be acted upon receiving them. There should be a meeting with the Sheriff regarding minorities and also the Sheriffs budget. The money that the BCC is spending on the lobbyist should have gone to CCSO. Only Commissioner Coletta has contacted the HAAB. The Black Affairs Advisory Board is funded, but not the HAAB. He believes the HAAB has acted within boundary. Mr, Labrador opened the issue for discussion: Mr, Gonzalez had no problem with Items I, II, and III of Mr, Coyle's letter, He recommends finding a way to communicate with the community regarding housing, law enforcement, health, transportation, and inftastructure. Dr. VanFleet is satisfied with the work of the HAAB, He believes HAAB is acting in the spirit of the legislation. He wrote a letter (see Attachment) to Mr. Labrador. He stated his major areas of concern. Hispanic equal 25% of the population. The HAAB did not over step their boundary. The BCC should attend a HAAB meeting. Ms. Anna Rodriguez is a new member of the HAAB, She is a past Chairperson to the HAAB. The ordinance is 10 years old. The Hispanic community was not as big as it is now, and the community is getting bigger. Ms. Rodriguez suggested for the Board of County Commissioners (BCC) to update the ordinance. Mr, Cabral agrees with Ms. Rodriguez to revisit the ordinance. The BCC needs to understand the issues with the HAAB, Mr. Labrador read a letter he wrote entitled "The Haves and the Have Nots" (see Attachment). He requested to re-submit Dr. VanFleet's report to the BCC. Mr. Gonzalez requested that the newspapers voice their opinion. Mr. Gonzalez wants to work with the BCC and follow the guidance of the ordinance, which is about 14 to 15 years old. Mr, Labrador wants to ask Mr. Coyle what he wants from the HAAB. Ms. Anna Rodriguez suggested for the BCC members to have a workshop with the HAAB members, and discuss the reports. Mr. Labrador agrees; asked Mr. Pettit if they can discuss current issues with the BCC. Chief Assistant County Attorney and HAAB Liaison Michael Pettit stated they can set-up a workshop with the BCC. He agreed that Ms. Rodriguez' idea of having a workshop is a great idea. None of the HAAB's work plans have been approved by the BCC. In September, the HAAB were going to present their reports to the BCC, and the request for Mr.Valdes' investigation, The issue is not the report, but doing the reports without the authority of the BCC. 2 1612 C 91 A workshop is a good idea for discussions with the BCC and the HAAB. Chief Assistant County Attorney, Michael W, Pettit, clarifies the role between the BCC, Collier County Public School (CCPS), and Constitutional Officers. With the school there are pass through fees, but CCPS is a separate political body. The BCC only approves the Sheriffs budget, and the Sheriff can appeal it to the governor. Mr, Labrador agrees to the workshop and wants the BCC to listen to the HAAB issues. It took 4 months for the BCC to respond to the letter, Mr. Gonzalez commented on the great job Mr. Pettit did with the HAAB. Mr. Gonzalez also would like to revisit the ordinance, Talk about workplan for the workshop, Mr. Labrador asked if any HAAB member wants to be the contact person. Mr. Labrador agreed to be the contact person, Chief Assistant County Attorney and HAAB Liaison Michael Pettit suggested the workshop to take place before the presentation to the BCC. There was a motion for the workshop made by Mr. Labrador. Mr. Gonzalez seconded the motion. The Motion was approved 5-0. Chief Assistant County Attorney and HAAB Liaison Michael Pettit spoke about the Sunshine Law, Mr. Pettit notified the members that 1 HAAB advisory member could speak with 1 advisory member of another board. One HAAB member may speak to one BCC member. Two HAAB members may not speak together about HAAB issues, According to the Sunshine Law, advisory board members cannot speak outside the public meeting; statements maybe brought to meeting, and board members should not exchange anything in advance. Ethics Law: State Laws apply to advisory boards, but not local law. Advisory board members can't take bribes, no employment that conflicts with Collier County, and no bids for construction. No New Issues. Public Comments: Mr. Victor Valdes spoke regarding Mr. Coyle's letter to Mr. Labrador (See attachment), Mr. Valdes talked about reviewing minutes from past BCC meeting. Mr. Valdes believes Commissioner Coyle is trying to establish censorship, and he made references about Cuba and Castro, Robert Canino, Miami, FL - Founder of LULAC - Largest Civil Rights Organization for Hispanics, he urged BCC to establish HAAB, many years ago, Hector Flores, National President for LULAC, sent Mr. Canino to tell HAAB that legal counsel would be available if needed, Actions should be taken within Affirmative Action guidelines. LULCA's position is to protect civil rights for Hispanics. He is concerned that if HAAB gets dissolved, it will create a problem for the county. Mr. Gonzalez asked whether LULAC felt free to contact Commissioners on their 3 1612 c 3J own initiative - without HAAB's influence. Mr. Canino assured Mr, Gonzalez that LULAC acts independently. LULAC will help to enlighten BCC, Rudolfo Pulmarea, Vice President LULAC in Naples - Workshop is a good idea, stated to be careful when revising ordinance, BCC is acting as a dictator. Edna Canino, Esq., for LULAC, Miami, FL - Was in Collier County 14 years ago to help establish the HAAB, also urged caution when revisiting the ordinance, suggest reading ordinance 2001-55. David Plaza, Editor for Spanish Newspaper in Ft. Myers, Gaceta Tropical. He is the President of National Association Hispanic Journalist. He is supportive of 151 Amendment Rights. Frank Rodriguez, Housing Board member, and prior HAAB Member. Remembers being frustrated in the past. The ordinance is not adequate. Need to discuss housing funding for Latino/Hispanic community at the workshop, Mr. Rodriguez spoke about Jubilee Village and Habitat for Humanity. Also informed board about Bank of America's new loan program for affordable housing. Mr. Gonzalez spoke and stated that in one of the topic in the workshop to have an issue on housing. At 7:40 p.m., Mr. Labrador moved that the meeting be adjourned, and Mr. Gonzalez and Mr. Cabral seconded his motion. The motion passed 5-0, Copies of the August 25, 2005 agenda and the referenced documents presented by/to HAAB at the meeting are attached. Prepared by Lillian Amador, HAAB Staff Liaison, Sr. Human Resources Technician, APP~d by the Hispanic Affairs Ad ISOry j~ ,2005, day of HAAB Chairman Attachmen ts: Commissioner Coyle's letter (June 30, 2005) Mr, Labrador Letter (July 8, 2005) Dr. VanFleet Letter (To be supplied) Mr. Labrador Letter ("The Haves and the Have Nots") August 25,2005 Agenda. 04-COA-OI1361262 4 T_~"__" 16 J2 ~ 9\~ ~ u Dr. James A. Van Fleet 184 Spring Lake Circle Naples, Florida 34119-4678 Phone: 239-348-8162 E-Mail: javanfleet(timsn.com 25 August 2005 Mr. Ernesto Labrador Chairman Collier County Hispanic Affairs Advisory Board (HAAB) Dear Chairman Labrador: I am in receipt of a copied letter from The Honorable Fred Coyle, Chairman of the Board of the Collier County Commissioners, regarding assertions that the Collier County Hispanic Affairs Advisory Board (HAAB) has over-stepped its legislative mandate in recent actions, and wish to respectfully respond to his comments expressed on behalf of said Board. Although constitutional officers oversee Collier County divisions of government constituting semi-autonomous units for county management under Florida State law, oversight for government in its totality aside from the judiciary rests with the Board of County Commissioners. It functions in lieu of separate and distinct executive and legislative branches in the county, whereas the state itself maintains a three- pronged form of government. In this context, the purview of the Board is county-wide; that is, those departments of government with such diverse responsibilities as roads, schools, taxes, environmental issues, et ai, ultimately are of concern to the Board. The Commissioners' Board in turn is responsible to the people of the County that the Board serves. The Hispanic Affairs Advisory Board, constituted by the Commissioners to "identify and evaluate" problems unique to the Hispanic community, has sought to fulfill its responsibilities by reflecting major areas of concern to the Board and to that 25 percent of the County population that is of Hispanic heritage. Clearly, its role is to interface with that part of the community on behalf of the Board of Commissioners. Accordingly, the HAAB has concerned itself largely with two arenas of Hispanic community concern; namely, employment patterns in law enforcement and in the public education system, as well as the matter of 1612 C 9~ educational services providing direct and indirect benefits to Hispanics. Indeed, in the latter category, since about 40 percent of the Collier County School District pupils are Hispanic in background, and in the former, the interaction between the Hispanic community and the Sheriffs Office probably has been greater than with any other ethnic group, it is hard to imagine relevant functions for the HAAB that would not entail examination of these two areas of central concern. Consequently, the HAAB membership has devoted considerable time in hearing comments from representatives of various constitutional offices, as well as individuals in the community at large, on diverse issues which have in turn been further explored by its membership. In good faith and under the color of implied authority, reports have been presented - orally and in writing - on diverse issues reflecting these studies, in positive ways pointing up problem areas relating to Hispanics that ought to be of concern to the Board of Commissioners in its diverse roles and in fulfillment of its responsibilities. Additionally and more succinctly, there is nothing in any action or format pursued by the HAAB that has contravened or exceeded the explicit or implied scope of the organizational legislation's intent establishing the Hispanic Affairs Advisory Board. The reports that have been forthcoming have professionally identified problem areas vis-à-vis the Hispanic community and the conduct of government business in Collier, none with anything other than an endorsing role for all parties to conduct business within the parameters of our judicial and political systems, and at length with a positive tone reflecting the obvious: we can all strive to do better. Despite the above, there is no doubt in my mind that some people can and will take offense with the facts that are less than laudatory when confronted with them. I suspect that in an effort to assert their complete autonomy (among other agendas) which Florida law does not provide for, some constitutional officers might feign indignity that an appointed Hispanic Affairs Board would deign to impinge on or even question their authority. Such is posturing, and in no way does the HAAB as such, or any member thereof question the issue of authority. What is at issue might be the way in which business is conducted when it adversely or less than positively impact on the Hispanic community. It is my hope that the County Commissioners see the HAAB's actions in the light of attempting to help make life better for all residents of this community. Certainly, the HAAB can - and does - convey an important message on behalf of County government to many in our midst, being a 16 J 2 C 91 reflection of governmental interest in and concern for this one quarter of the community's population. Perhaps if one or more Commissioners were to attend HAAB monthly meetings, among other governmental officials from the diverse constitutional divisions, the kind of positive concern that they wish to convey would be more forthcoming, and further studies and reports that the few find fault with might be less likely to necessitate "chain-rattling" for certain elements within the overall govemmental structure. Thank you for your time, interest and continuing concern for the Hispanic heritage community and the HAAB. With best wishes for continued success in your work, I am Sincerely yours, James A. Van Fleet, J.D. Ph.D. () tiúe h ..to (Yì / (J ~~k5 -(Y{5l1l/ 2)Z0 f55 1612 C 9J September 22, 2005 To: The Hispanic Affairs Advisory Board's Members: From: Victor A. Valdes, President of LULAC of Naples. Dear Chairman of the Board and Members of the Board, I'm here to protest the minutes for August 25,2005 meeting. The Facts: On the list of the present individuals on the first page the name of Victor A. Valdes should reflect the capacity at this time of my presentation. President of Council No. 7115 LULAC of Naples. On page No.3 under public comments the minutes didn't show my exposure about the letter of CCB Chairman, Mr. Coyle, with my oral statement and give for the record several copies of HAAB minutes letters from HAAB to the Collier County Sheriff Don Hunter, to John Rudy assistant U.S Attorney, Warden Ron Wiley U.S penitentiary in Atlanta Ga. In all the letters and the minutes of the HAAB's presented to the board (but not limited) the HAAB expressed the community and the board's concern about my allegations, more than two dozen of leaders during the time of this issue has expressed the support to the investigation and according to formers liaisons Ramiro Mañalich and Michael Petit: "HAAB has identified an evaluated my allegations as problem concerning the Hispanic Community" as appear in paragraph No. 1 of Mr. Coyle. -v. c(o ~ ().. ¡) Jdiif Victor A. Valdes President of LULAC Council No. 7115 LULAC of Naples. r·...:'\.. ~. '. f7":::"\..." n r - r, : ¡ U} \ v / , ~¿I.U;;...u \ ", 6 ~ :~tl 9 t MEMORANDUM Board of County Commissioners "The Haves and the Have Nots" There is a time to speak and a time to be silent. This is a time to speak. The power of a successfully communicated though,t, from one human mind to another, is one of the greatest forces we know. But like the tango, or EI Paso doblé, it takes two to make it work. In some cases, it does reach the target, however, sometimes the target is insensitive to the problems or pre-occupied.. Has the BoCCC served all the PLiblic and have they improved all the public good? This will show in the fruits they bear. What will their Jegacy be? What will our legacy be ?HAVE THEY SERVED ALL OF THE PUBLIC GOOD? Have we addressed the needs of the public good? Are we now caught in a "status Quo"? The "status quo" relates to programs, which do not reach the vast Latino/ Hispanic and minority populations of Collier County. They merely scratch the surface. Some beautify the streets, but do nothing for those who walk on it. They do not address the public good. Tbe HAAB bas tbe responsibility to bring to tbe BOCC information from fact- finding projects and to make recommendations. Those recommendations need to be acted upon Members of the Commission have mandated this. Not responding to those reports concerning parts of the system that are failing reap a system that bas contributed to the present crisis. Yes, crisis. If you do not recognize tbe current state of inadequate and unequal educationaJ opportunities, housing, and health care in tbe minority community, we reallv are in crisis. - 1612 C9'1 The expansion into tbe communities of existing programs and tbe establisbment of out reacb programs in our minority communities, like the "Weed and Seed" Programs of the Sheriff's Office, wonld resnlt in henefits to ALL residents, not only tbe ones tbey target. , You cannot plant a tree and expect it to do well if you do not continue to tend its needs. We, wbo are compassionate towards the Have-Nots or tbe forgotten, have informed the BOCC to let tbem know tbat we need change that the community needs help.. The cry of insufficient funds can no longer be an excuse. Recommendations about change need the attention of the Commissioners. They need their funding programs, and they need a response. Since June of 2003, The BOCC has, by tacit approval, reinforced the efforts of HAAB. In only one case, one Commissioner personally thanked this member for the report on Discrimination in the Latino/Hispanic Community. The Board of County Commissioners holds the purse strings and has the ability to allow for funding the programs of, the only bright light in the othenvise clouded atmosphere of County Government, the Collier County Sheriff's Office. The Sheriff's Office The Sheriff's office needs approximately $200,000 dollars to support outreach programs to the Hispanic and other minority residents. Expansion of the "Weed and Seed" program. · Crime Prevention Programs · Translation Programs · Mobile-Based Unit for Community Relations ¡ I I i I L f ¡: -oft,,___ 16 12 C 92 · Mobile-Based Unit for Community Policing Programs The Sheriff has established a Community Relations office to hold monthly minority community meetings, where community issues can be addressed. These meetings are productive and attended by the highest-ranking officers in the department. The Sheriff is committed, but needs assistance to make these programs more fruitful. Under the supervision of Capt Tom Davis and with the help of Sgt Perl"Jl Lt Roche and Capt Williams Internal Invest, relations with the minority community have improved... They even distribute information on education and health care. However, much more needs to be done. The additional funds that the Sheriff asked the Commission for could enhance the outreach programs to the minority community. It could help with multi-lingual brochures to enhance communication. Sheriff Hunter in accomplishing this, but could use help. The Commissioners of Collier County could have given the Sheriff's office additional funds instead of giving lobbyists from $60- $125,000 The brave men and women deputies are our front line, safeguarding the residents and the first contact from County government officials when our minority residents need help... The Sheriffs office is working hard to reach out to the community. They would welcome the help of the Commission in the way of funding to increase the effectiveness of the programs. Their attitude is a "Can Do" not "Let's wait and see." · Ifwe, THE HAAB, cannot examine the issues in education that are of concern the Hispanic Community and make recommendations, then why are we here? · If we cannot examine the issues in law enforcement that are the concern the Hispanic Community and make recommendations, then why are we here? · Ifwe cannot examine information that concerns the Latino /Hispanic Community about the, Tax office Court system, and make recommendations, then why are we here? · If we cannot do fact-finding and make recommendations in the housing issue for fear of embarrassing someone, then why are we here? Since May Of, 2003 HAAS has been communicating with the Board of County Commissioners. "'''''_...,,"--¡-,,--- 1612 C 9. We accomplished this through periOdic reports concerning HAAS activities. The actions and reports, as well as the path we were taking should not have been a surprise to any of the Commissioners. Each monthly report has cJearly stated the direction and authority under which we have operated. My observation is that since May of 2003 only one Commissioner has responded after reading anything from the RAAB. That was Commissioner Colette. I have repeatedly asked for permission to appear before the Commissioner during the last two years, with no response from the BOCC. I have repeatedly asked for funding to send out a mailing to organizations to encourage communication. I received a negative response. Why does the Black Advisory Board have funding and we do not? Since we need to reach three times as many residents, should we not have three times the funding? If the BOCC really wants a conduit to their constituents, give HAAB the means to connect them. We were even told that we could not establish a web page for RAAB. We operated with and under what we believed had precedence to bring those facts and circumstances which were of concern to the Latino/Hispanic community. The Valdez case was, condoned by the BOCC funding. Fact-finding of records and previous letters to other agencies which caused no controversy. The community has voiced their feeling that an independent examination of any possible civil rights violation should either verify or vindicate the Sheriffs office. We asked for guidance from the County Attorney's office in each one of the matters that concerned the scope of authority ofHAAB and mandates of the Commission. 1612 c 9J We did not operate as a rogue board LOOKING FOR CAUSES... tbe issues already was there. We are, by our very ordinance, advocates of the community. The facts brought to us in this most recent report on the School /Hispanic/minority relationship is something the Board of County Commissioners should first read, then embrace. HAAB in every case was invited to do fact-finding and give recommendations to other agencies... I hope that this report will be reviewed by the BOCC as constructive, to the School Board and Superintendent Ray Baker _ If, it eVer reaches his hands. I, know that once you read it you wiJJ embrace it. If this is not of concern to the Hispanic community, and to the minority community I do not know what is. I have brought another report from the National Hispanic Caucus of State Legislators to the federal Govt. (65 pages) which mirrors Dr. Van Fleet's fact- finding. The African-American Caucus also sponsored this report. I submit this report to reinforce Dr. Van Fleet's fact finding. The only differeuce is that Dr Van Fleet's recommendation is unique in that it directly addresses conditions of the black and Latino/Hispanic that exist in CoJlier County Schools. An residents of CoJlier County should have an opportunity to read this latest report. I hope the Commissioners reconsider it and moreover, endorse this report. I want to thank Dr. Van Fleet for his labors. Whatever civil authority or power one may have in this world, it is a delegated authority. We as volunteers have only the authority given us by the Commission. I thought We were acting within pre-existing precedence. I suppose that Commissioner Coyle also thought that he was operating within his authority when another Commissioner criticized his actions. _.,"._~"....._---- 1612 C 9J ". I am the elected Chairman of lIAAB. My role is to help commnnicate and relay the work of the entire Board to the BOCC the concerns that affect the minority community. However, I was instrumental in bringing this agenda to the lIAAB Some of the same things that happened to my mother and father when they migrated from Puerto Rico to the mainland are happening right now in Collier County. What we have found is of great concern; we are in the midst of a crisis. With the expanding population, now 19% soon to be 25% conditions will get worse, before they gets better. In most cases, IT IS LIKE OUR ROADWAYS, POOR vision, TOO LmLE TO LATE. Activism is one of the tools, which affect change. When submitting to the governing authorities, if, when we stretch the boundaries, We acknowledge that the consequences that follow need to be borne by us. But in the face of inaction, the only answer is activism. I have, as Chairman, with the help of the lIAAB Board, complied, identified, and evaluated problems and concerns unique to the Hispanic community as well as the other minorities. Like many social problems of this magnitude, government shortcomin!!s for Latino\Hispanics and other minorities involve a number of underlying complexities and policy makers need to look at the WHOLE Pipeline of government services, systems, and funding requirements, inclnding the County Manager's officer, the tax collectors office, the court system, schools and the town clerk. Unless we are permitted to continue our work and bring these reports to the BOCC and have them acted upon the future oflIAAB is uncertain. It is well known and verifiable by one of OUr new members that three Commissioners are inclined to repeal the ordinance and dissolve lIAAB. Ernesto Labrador Chairman of the Hispanic Affairs Advisory Board. 16 12 C 9~,. ~". __ \¿.~ 1- õ\rV ~ NOTICE OF MEETING & AGENDA 1\ ~\ tt~ COLLIER COUNTY mSPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, AUGUST 25, 2005, 6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail . Naples, FL 34112 * * * * * * * *!* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * '" * * * * * .... NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if apþlicable, ** For more informrtion, please contact Michael W. Pettit at (239) 774-8400. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the J,rovísion of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami TrailJNaples, FL 34H2, (239) 774-8380. I i ** Public cornment~ will be limited to 5 minutes unless permission for additiortal time is granted by the Chairman. I ** Collier County Ordinance No. 2004-05, requires that aU lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressirtg the Board of Cowrty Commissioners) before the Board of County Commissioners and its advisOry boards, register with the Clerk to tM Bo!U'd at tbe Board Minutes and Records Department. ****************************** ************************* I. II. ID. IV. v. VI. Vll. vm. AGENDA 6:00 P.M. Meeting Called to Order Introduction of New HAAB Members Äpproval of Agenda Adoption of Minutes ftom June 23, 2005 Meeting (with discussion of any amendments) I . New Bustness A. Introduction to Sunshine Law, Public Records Act, and Ethics for New Members B. Discussion ofHAAB Work Plan/Goals for 2005-06 and Potential Procedural Changes for Fact Finding Public Comments I Board Member Comments I Meeting Adjourns "~,",~",~.~~",__~,._"._,_,,,,,..,~._>,,,.___=___^ ",,,,,,,,,",,,,,~",..~"~,,,,,,,~,,~_"____._n~~>o_. ,~ '~I J -." ., :'1 I - ,', C3 1612 C 9' 4 ¡ W~o/Yð'~~ ~ I 3301 EastTamlami Trail- Naples. FIorida 34112· 4977 i (.239) 774-8097· Fax (239) 774-3602 , i (f) Donna FIala DIatrIot 1 Ftank HaJa~ DIstrict 2 Tom Hsnnù1g DIs1rict 3 Fred W. Coyle Distrfct 4 JIm Coletta District 5 June 30, 2005 r-..:) c::::> - <:::) " .' c.n ...... '- ~c.. c::: '-- r- 2-¡' , =<!¿:: U'I fT, ?:jC :I> ... ;X 0__ - .- ::t)::r .. Zrr .s::- Q1 ..... Emesto A. Labrador, Chainnan Conier County Hispanic Affairs Advisory Board C/O County Attomey Office, 8th Floor 3301 East T<U11i~mj Trail NaPles, FL 34112 CÐ Dear Mr. Labrador: As you are likely aware, the Board of County Commissioners at our regular mee~g òn Tuesday, June 28, 2005, discussed the issue ofr~t actions by the Hispanic ~ Advisory Board (HAAB). SpecificaD.y, yom letter, dated June 2,'2005, addr~~ to the U.s. Department of Justice requesting a federal investigation into Mr. Victor 1,\.. Valdes' allegations aga:41st the Colli.er Couttty Sheri;ff's Office and the.recent ~ report, !lispanic Community Conce1113 Relating to the Collier County School DÍ8~ct, dated June 200S, are of concern. .', {,xít'is;pµr;J)SSessrnent:that"~tÞ[9ftheseiteu1s..arein;con1ta:v~tjon;\1ritb~.'ex~~i>i ~i.tY~kYithe·HAÂB'"s·enabJingôtYm~è(f(ò.ráiriàñëè:Nó:'7§1;!37;'as¡.,,¡ ¡ am' ":~,æ,," ipý!öroiñãñCêNò!t91"!'l8.)..1'he HAAB~schartèri11cJudes,'am.OOg~õttijSt ¡ ·fùtt'Câõñš: ! ~ (1) Tbe ~pl!fd shall identify and evaluate probleJn$ unique to the Hispanic . . . ~ "£ömru.~tyé""'·:c-- (2) Tþe ~òard sha11 revi~ and recommend ways to ensure open co1,111\1uni~Qn " bètw~ tòÍitœttes":ø(1 the cpunty government to he1p promote and foSter: : : b~et~~.dib.g·by'the coúi1ty ofthê problems facing,the ininority , ! ·poP$tiôn.. . :. '" ". i ,(3): The:áoård s~ provide periodic reports directly (emphasis added) to the :BÞam " df CoUntY "Commissioners for review. . · i , ' i Thé HAAB was created with the expressed pUIpose of advisipg: the Bo¡ird of CountY Cominissioners on Hispanic affairs wi~ the có~unity. The liMB is not : aUthorized'to critique.or ëòmlnent on other goVe.rm:tientðl'·ehtitie& nvrpublisb; ":,!,., «nsanctîonéd stùdíès'Without author.iZation ftóm the-Board 'bf Cntm1:ý:Oommi.sSíoneh1. _'. .~....':......,\, .". :/':. ....~.. ....'.. , .:...._ ,..:.....;;.....!, .~. roof"::' ..;./.:...;.~.;1.:~~~ QJ{' Shou1dt1ÏeiWm ~with'Oùras8~enf;èòntinûeto'0~&dtsið¡~itUJm':, '].,' .,bf-thë~bJing·ö~êe,,~ .~eon·iS~·1:¥t.ªlÌ*~~_#1.!Þ~e:~itht·Bôår4!itf,~ J ,~~tr'~~,i:,;:ilt~~~;:~~~o~c1,'()f~t¥GóriiMR~ètSWill~ëæbiihmid~~e I .. . .. .." ..... ..:..... . . ~. ," .. ~ 1 .. .....- .. ......... .: '.. "'.:: ":':í:- .: ~.~ /..' ". .. :"..j ,;\i .... .., .... .. :.'" .. -"/ . ¡. ~ ..~.. :. '.=: ,. .: '... -;'.,: ;t~';... ~....~~ ,;:!....,.·s ........ .' , ,~- ... ',;' ' ~'. .:....~.. t -:, "" ;'I". ...:..~:".". ::"·A:'~·.""h·-:.""" 1!":;f.'~;}·.:~· , . . . . ~. ,'.: . I... .t~' .. '\ . 1612 " . ... .. ":. '. .. "... .;" 't .." .!: .' .. "; þ ::.. t c~ " ......, . - " .. ". . . I: i =, :;.:" .:;;. "J. . .! .f- ',!-' '.. . .':,~ ~.~J:~;t.;·' .. .;~:' ...t:"~""¡"~~·"1.j,~·:h·..'" '\r-~Jt..; ~,;,;';,..':,':' :'!~J: 1. .~:H:'.¡' z; \~',i:¡·,~i;\,·.'~·~....,i, 4 . '. 3{ .. '. . .t'. ~ r. ' ,~ ./. If,." .:: .... .. P~@':2 of~";. ..J·~i: ~~-. r'; :;, ..:.. -:.. I....' -:..: \. ;1. .. i!, -:.: ~: :~I". " :j,. :........:. ·i.l..~.! . -: ;.I¡'.~t ·":r1.: ~ '.I .. eœb~ordinancebe rep~edand theHA.AB,dissoj"~,,_,óf,èôurse;,tb.êiêisjl~tbing.. urprecIude the current membemhip ,ftoDt fonning a separate orgatùzation l1t18fl71iated withthe Board of County CommisSioners'âñd 'Cõlliêi"ßôûD.ty goVernnìebt . ··:i .. ":.. .. , : .. I.. .... .: :!.. . I would'like to stress that the Board of Coµnty Commissioners values the expetiïse, !input, and advice of the HAAB and desires for the HAAB to resume its charter ~ an ;advisory committee reporting recommendations fothe Board of Couritý :' ..., ; !Commissioners.·· : .. ' Sincerely,' " .: " .' .... .... ." .... . ~ ..i:" . " .. .. I't '-r-1- " , :fred Coyle, Ghairman ~oard of County Co~ssioners . .... :.. : . fwws' " , .~ ~: Board of County Commissioners Collier County School Board James V. Mudd, County Manager David Weigel, Còunty Attomey Leo E. Oebs, Deputy County Manager Mike Pettit, Chief Assistant County Attomey and HAAB Staff Liaison f)heriff'" Don' Hunter,- -- -'*' .g.._---~ , ; i BradleyN"ncy i From: I~rader Ielabrador@swfla.rr.com] i Sent: Fri~ay, July 08, 2005 12:29 PM To: brádley n I - Subject: M1etlng Agenda Nancy, ¡ Please copy Mr. Pettit on this memo: County Attorney Office Mr, Michael Pettit HAAB Members: I am In rEtCeipt 9f a letter dated June 30,2005 from the Board of County Commissioners. The letter expresses aScØrtains from the Board of County Commissioners that HAAS has acted in contravention with :and I,:, outside the aut~orJty granted to it by the Board. Although similar reports, data, letters and recommendation 'have been part of HAAB activitIes in the past t do not wish at this writing to Increase the debate of this issue.' ¡ My motive Is tolseek guidance from the other members of HAAB and the Board of County Commissioner in: -addöion to that clearly stated In the June 30,2005 letter. I have extended an invitation to Capt Williams and to Capt Tom Davis as well as Ll Oscar Roche of the Sheriffs Office to attend the August meeting. I would like a memo sent to them. rl:)(Juestlngthey not.g,pp~ar or limIt their ~:~~~~~7~~~;0;~~:r :~~~~a~~~~:~~e~~~u~~~~~_~~~;n:g~rn:a~p~~~:~::~:1F: ~o. appee.ránce' WOµld be anything surrounding VloÌ'or Vàlde%or any recommendation Concerning hlrlngp~ptlces .or coml1)ul'lity relë1tions. Of course anYrnember of the public may .addressthe Board, however I (:aution the Boård . mè~bêrsonvo,cl~Q any opinion not previously cleared by the CCBC .this could cause the repòal of ·theerijbJÎJ'1g ordmance(asstatéd In the above letter)~; I presume the same prohibitions and limitations have been placed on all the other minority boards. ~ j I would request lof all other members of the HAAB to cease their fact finding and prepare for a lengthY meeting in ! August 2005 to formulate question to present to the Board of Commissioner. ¡ I must at this juncture express my regrets in leading the HAAS to this comroversy The work that each of you have I accomplished ðS volunteers has continued to impress me and is critical to our brother/sisters residents. It 18 up to ~ _1 each.of HAAB "embers to decld~about their continued participation In HAAB;1t Iti:¡the.unanimus vote of the '" ;.;:!fI HAAB twill step down asyour,ChaIrlTlan,; . . . , { Wetuiv~~~~~~~ the concerns of the!iispª"lcILatinQ Comrn.unÜY'.W9'hav8'trfedtos'!Vlse the Commissioner ' : ...... co..n c....e.......m......".r1.9.... th ~ c.....ri. 8..18 In ' CO.Uler County SI.nce May ot 2003.barnngonecontact,fhlsJettens the first" ; comrnÙriicatlon'$inèelhave beens memberHAAB;"" ¡ ; Emest6A Lå6ràdor Chairman of Hlsþanlc Affairs Advisory Board. I Page 11 of I 161~ C9J 8/18/2005 -_.._,--~.,_..__.__..,,,,...,-,~<, 1612 C9'f; COl.JfJER COUNTY HISPANIC AFFAIRS ADVISORY /1,ØARD ØIISW~__ ~wu: ~_~_~~~_~~.ï: : -~ U1r . ~"'8I'Q"""'" ! ! 3301 East Tamiami Trail County Attorney Office, 8& Floor Naples, FL 34112 Phone: (239) 774-8400 Fax: (239) 774-0225 , , June 2, 2005 Mr. Albert N. Moskowitz, Chief Criminal Sebtion, Civil Rights Division U.S. Deparrlnent of Justice 950 Pennsylvania Ave., N.W. Washington~ D.C. 20530 I I I RE: Mr. Victor A. Valdes Pear Mr. MOskowitz: , i I wri[te to you as a concerned citizen as well as the Chairman of a Hispanic Affairs Advisory Board to tHe Commissioners of Collier County, in Naples. Florida. This Ad~Jory Board is comprised df nine members with backgrounds in business, education, law, law-enf~rcement,and other govenþ.nent service. Among t1ús Board's duties is the responsibility to identity and evaluate problems ~que to the Hispanic community. ! ! : ! The *ssue prompting this letter involves Mr. Victor A. Valdes, a local writer,:joumalist, and editor Qf a Spanish language newspaper, who alleges that in the past, he has been ~~ng1ed out for selective Iaw-enforcement by certain members of the Collier County Sheriff's Officeibecause of his continuing ~fforts to disclose corruption within the Sheriff's Office. These alle~tions are of concern to this Board. ' ! . ! , Mr. Valdes has asked the Hispanic Affairs Advisory Board to assist him in m#dng a request for a fedeJiù investigation into his allegations against the Collier County Sheriff's Office. Specï'fically,!Mr. Valdes seeks a review of the cIrcumstances leading up to his arrest ~d conviction in 2002, w~ch he alleges was based on perjured testimony; relief from the disabiliqbs imposed on him by his conviction, under state and federal law; and cessation of alleged conti~ued or future selective enr;ôrcement actions against him by members of the Collier County Sheriff's' iOffice. 1 "...,.,,,._~.__....,.-,-, 1612 C9 To de1nonstrate his allegations, Mr. Valdes offers the enclosed documents, cdn~isting of a copy of his ¿ase file, including proof of peIjury, and a Sheriff's report describing it. framc stop resulting ,in inon-prosecution, which Mr. Valdes presents as an example of s~l~ctive Jaw- enforcement. ¡ MI. Valdes has expressed his interest in cooperating with any investigapre effort to clear his n~. i ! ~ . j , Follo~ng your review and consideration of this information, I ask that you co<?rfßnate your response, and/or information directly with Mr. Valdes at (239) 417-5998 and P.O.¡~ox 10503, Naples, FL 3.4101. On behalf of the Hispanic Affairs Advisory Board, I also would reqUest that you I ¡ provide a coPY of the written results of your investigation to me for the Hispanic Aff~ Advisory Board's consideration. : I Your ~ttention to this matter is greatly appreciated EAUnfb ,attachments I cc: AU Hispanic Affairs Advisory Board Members : ; Don Hl!mter, Sheriff, Collier County Sheriff's Office, 3301 East Tamiami Trail, ~'dg. J. JNaples~ FL 34112, Phone: (239) 774-4434 ! ¡ Mr. Victor A. Valdes ¡ O4-eoa-011361241 2 ¡ ~ 1612 C9 ,.-.....--..;. r;-' ~. r. ABOUT LULAC MEMBERS PROGRAMS ADVOCACY EVENTS PUBLICATIONS LINKS ~~';1""'_"-""-"--U Resolution IN DEFENSE OF THE MEDIA WHEREAS, it is documented fact, all of which has been recorded in the public records Qf Collier County Florida, that there has been a fragrant disregard and violation of civil rights and criminal attacks against the freedom of speech and freedom of the press rights against the pres~; specifically Las Naciones News with office in Naples Florida and it's editor Victor A. Valdes, on seveltal occasions; and WHEREAS, Victor A. Valdes, editor and publisher of Las Naciones News, alleges that h~ suffered harassment, persecution and false accusations and conviction based on false testimonies. He also alleges that the evidence is 50 overwhelming that LULAC is com pelled to prevent other members of the press form experience the same type of abuses he has suffered throughout the years 0t harassment; NOW THEREFORE, BE n RESOLVED, to stop the violation of the law, and make the violators respect the First' Amendment of the United States of America ~ and ' BE IT FURTHE" RESOLVED, to request the United States Justice Department to initiate an investigation of the accusations contained in the publications under the First Amendment, edition August of 2004 edition, and several other editions of the Las Naciones News. Adopted this 2nd day of July 2005. Hector M. Flores LULAC National President _. 0.... . __. ... ___. __ __ ~.__~__._ . -~ -.-. M --- - --. .-.- - ..-----. -.---.--'-- --.-'.. .-..--.' ~-_. . -'" -.-..-_.__., ---.. .-- -. . -.__. .----.-------.-- -- _..__.-.~ --. ....-- --- -"- LULAC I 2000 L Street, NW, Suite 610 I Washington, DC 20036 I (202) 833-6139 Fax: (202) 833-6135 httn· / /www.lulac.orWadvocaCV/resolutions/2005/FLl.htm 8/3/2005 . ' ---L This Annual Certifica~~~~ ~~tl be~~i~~W~h~n 6~d;~!ftie~~~c~~ io~~r fi~a~~r~th 6CiJ U,S, Department of Justice/ACA Program 10th and Constitution Avenue, NW Criminal Division/AFMLS Bond Building, Tenth Floor Washington, DC 20530 E-mail address: afmls.acaa:Ðusdoi.aov Fax: (202) 616-1344 law Enforcement Agency: Collier County Sheriffs Office o Police Department ¡g¡ Sheriffs Office/Department 0 Task Force (attach list of members) Contact Person: Joyce Houran E-mail Address: US. Department of the Treasury Executive Office for Asset Forfeiture 740 15th Street, NW, Suite 700 Washington, DC 20220 E-mail address: treas,acaa:Ðteoaf,treas.aov Fax: (202) 622-9610 o Prosecutor's Office 0 Other grants@colliersheriff,net (State) Florida - 2 ...... '0,,>. .'~_~.~t -; . > " !:' , +---5+ .¡ 1710 (City) Naples (Zip Code) 34112 Mailing Address: (Street) 3301 Tamiami Trail East Telephone Number: <.122.J 793-9346 Agency Fiscal Year Ends on: (Month/Day/Year) 09/30/2005 Fax Number: <.12.2..) 793-9405 NCIC/ORl/Tracking No,: FLOII00 Summary of Equitable Sharing Activity Fiscal Year Ending 2005 Justice Funds 1. Beginning Equitable Sharing Fund Balance umm'm.'m'm'm.uum_n.._mm_m'__...._n'.'mmmmuum $46,003,02 2, Federal Sharing Funds Received mmmummu...'mmmmmmmmmmunn..mnmmmmmumuuuu S 185,697,13 3, Transfers From Other Law Enforcement Agencies (attach list) m_mm..m'..'_mmmmmmmummumm S 0,00 4, Other Income ._u.,. """"n___ n_n"unuu..'.'..___.u,.'u'..n'.u.u.nn"'n'_..'.."uu.u""uu.u...nu..'..'." S 0,00 5, Interest Income Accrued (0 check if non-interest-bearing account) nmm.._.'___.'.nmuum'.mumm....... S 2, 112,36 6, Total Equitable Sharing Funds (total of lines I - 5) -- Please leave blank, this number will be calculated automatically, S 233,812,51 7. Federal Sharing Funds Spent (total of lines a - n) -- Please leave blank, this number will be calculated automatically, $ ( 2,250,00 8, Equitable Sharing Fund Balance (subtract line 7 from line 6) -- Please leave blank, this number will be calculated automatically, S 231 ,562,51 9, Appraised Value of Other Assets Received 'n.nmm.mnu._.m.....'m...........'mummm'mum......._m S 0,00 Summary of Shared Monies Spent a, Total spent on salaries for new, temporary, not to exceed I-year employees ...mu'm_um....._m...._mnu $0,00 b, Total spent on overtime .........'.....__mmmu._m_mm.....m.'.......u...___.ummm..m..m'm.._._mnm S 0,00 c, Total spent on informant and "buy money" U.UOnmmmu......_...m........._..m..mu..........n'mm.mu' S 0.00 d, Total spent on travel and training nm'm....m_um.......mummnummumm__m___.mm_nnnmmn.... S2,250,OO e, Total spent on communications and computers nmu....m'nmmmumummm_..___m_m__mmmmm... S 0,00 f. Total spent on firearms and weapons umm...._mmuu'....mmmm.mmm'mmn.._.._..m_mmumum' S 0,00 g. Total spent on body armor and protective gear ....mnnn........mnmmmumn......_.........n_m_m'mm' SO,OO h, Total spent on electronic surveillance equipment 'm.....n.m'mnm___...mm.mmmmm.mmmu........, SO,OO i, Total spent on building and improvements 'n.....mm....mmm'mmmm'mmnn.nm..mmmmmm_... SO,OO j, Total spent on drug education and awareness programs n'.unnm'm.mumm';n.._._.._._..mmmm....'n. S 0,00 k, Total spent on other law enforcement expenses (attach list) ..m'm.............m~m..m..'m...m....._..mm S 0,00 I. Total transfers to other law enforcement agencies (attach list of recipients) ...mmm...m........____...mum S 0,00 m, Total permissible use transfers (up to 15 percent) (attach list of recipients) .........m.....'....____mumnm._ S 0,00 Amount of line (m) transferred to and used for drug abuse treatment and prevention programs mmmm.m._mu S 0,00 n, Total spent on matching grants (attach list) m..um......m..mu_umnu..mmmm'mmmm..m.......m.. S 0.00 0, Total annual law enforcement budget for your jurisdiction for current fiscal year _.......nh... $ 122,722,634,00 p, Total annual budget for non-law enforcement agencies for current fiscal year .........m'..n_._ S 1,312,892,276,79 q. Total annual law enforcement budget for your jurisdiction for prior fiscal year 'U.U...h.U.... S 102,290,400,00 r. Total annual budget for non-law enforcement agencies for prior fiscal year _u..'..muh_._.n. S 811, 151, 100,00 .... Treasury Funds $0,00 S106,844,63 SO,OO SO,OO S 54,11 S 106,898,74 $ (0,00 S 106,898,74 S 0,00 $0,00 SO,OO SO,OO SO,OO SO,OO SO,OO $0,00 SO,OO SO,OO SO.OO $0,00 SO,OO SO,OO Under the penalty of perjury, the undersigned hereby certify that the infonnation in this report is an accurate accounting offunds received and spent by the law enforcement agency under the federal equitable sharing program during this reporting period, Governing Body Head or Authorized Representative Signature: Signature: "~!t ^ Lo.} ~ ....''------ \, ~ T;tl" Sh"'ff-------.J .~ . , < < < < «.:: ~ d"i1§?"unn.n, Colli" County ~ommi < n This form is subject to the Freedom of1nformationl~~, . ~:ì "".' '. ... '.~ 5 U,S,C § 552, See www.usdoi.gov/criminallafmls.htmlfor additional forms, Att~st as to C1'I ~~.~";f':"'. - ,,~: __ 51nn-+,..._ · a1rman~'''::::'':'''h.__Mt:'IJ.4>q, . 11- II ...4..... <.: on, ~~"'," 'u~:.I,. Name (Print or Type) Fred W, Coyle -~~,.,~._--,'~",..."""'.">""" Date ORIGINAL DOCUMENTS CHECKLIST & ROUTU.1 ~K 4 ., i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,', THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original document. Original documents should be hand dclivercd to the Board Office, The completed TOuting slip and original documents are to be forwarded to the Board Officc on ly after thc Board has taken action on the itcm,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, 3, 4, Jeffrey A. Klatzkow, Asst. County Atty, County Attorney \ \ \ \ \0\0<::;' ð;1V 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Jeffrey A, Klatzkow Phone Number 8492 Contact Agenda Date Item was III 1105 Agenda Item Number 16K4 Approved by the BCC Type of Document Applications for Tax Deed Number of Original 31 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified, Be aware of your deadlines! The document was approved by the BCC on 10/25/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) JAK N/A (Not A licable) 2, 3, 4, 5. 6, JAK JAK JAK JAK JAK I: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.2605. Revised 2.24.05 04-COA-00OO3/914 16K4 '. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0407 May 29, 2002 244927 S165FI' OF WlOOFI' OF S1I2 OF NE1I4 OF SE1I4 OF NW1I4 .38 AC OR 173 PG 73 Tax ID: 00321240002 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. AJL V) C+ FRED W, COYLE, CHAIRMÀJ<.I NOVEMBER 1, 2005 DATE .." ,;,~;, ' ; :- ,ATTEST: ) '-., .. DWIGHT' L, BJWC'.:K,. CLERK ~, -q~:~-~~ ~ Attf~~'~:·tb:a,ràlr.a"·, si9natbre onlv 16K 4 .. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0661 May 29, 2002 26 50 29 SW 114 OF NW 1/4 OF SE 114 OF SW1I4 2.5 AC OR 1612 PG 800 Tax ill: 00503000002 [ agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~w~ FRED W, COYLE, CHAIR NOVEMBER 1, 2005 DATE . ~. .. . ATIE~: . . ~ DWIGHT E~~ BROCK, CLE f~~.~ -0 "tL Cl erk- ,\tust à¡P~ cna1",an'~ 51Qnatur! only ·_~'_""·_'__'_'O"_.__~ 16K4 Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0672 May 29, 2002 345029 E1/2 OF NW 1/4 OF NE 1/4 OF SW 1/4 OF NW 1/4 1,25 AC OR 761 PG 1258 Tax ill: 00515640007 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. RŒDtd-LE~H~ ~~~,~?';'!',~,",~~~" "',,' ','- ;::l:' ATTEST:.! .~ OWIGHT~. ~~OCK, CLERK ':':.~'~'~ '<., '-,~ ~,. kt>utY Clerk , Attest as to Chðtrman ~ signature onìJ NOVEMBER 1. 2005 DATE ..".,--,~-,-~-~ 16K4 Approved as to form and legal sufficiency: Jeffrey A, Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0674 May 29, 2002 34 50 29 W 1/2 OF SW 1/4 OF SE 1/4 OF NW 1/4 OF NW 1/4 1.25 AC OR 933 PG 1984 Tax ID: 00516440002 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, '1uJ-w~ FRED W, COYLE, CHAIR N NOVEMBER 1, 2005 DATE . '.~ ' r JJ~:! ~ .' .... ; ",,', II -.' A-TTEST:' ''; , OWIGHT:E. ·'8~.ROct CLERK .- ., ~~ ~.~~ ,.- ":'\..'., AtteSt>W" ~eniMft" ~iqnátùht' O"'~ . 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0706 May 29, 2002 205033 N1/2 OF S1I2 OF SW1I4 OF NW1I4 OF SE1I4 2.5 AC OR 214 PO 223 Tax ill: 00589000000 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~w~ FRED W, COYLE, CHAIR N NOVEMBER 1, 2005 DATE , '-.'J . [,~ , \" '" ,,!..' :,'~TJEST: '. F:'~· . ',¡GITE:, BR{)CK, CLERK -:;,' ~,~~ -. . '" ~ ;; . .: \'"~ " " ~t.ttsÐEßJ'U ' CfietTtMa t ~ , S j (intitu-r~',Çln 1 y Approved as to 12K 4 legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0738 May 29, 2002 13 5034 N 33FT OF Nl/2 OF NE1I4 OF NEl/4 OF SEl/4, OR 1906 PG 2238 Tax ID: 00623240205 I agree to pay al1 tax col1ector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~~.tLv ~ FRED W, CO~LE, CRA NOVEMBER 1. 2005 DATE ".,-, . ÀTTESTi '~ ,~~'1~lE~ , . . .' " " c·"P'1"'.1t v C1 e7't: \"I...., .., AttØt It to ct'Ið 1 T"UA . 1 s1qnature onì< 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0798 May 29,2002 345034 S1I2 OF S1I2 OF NE1I4 OF NWl/4 OF NW1I4 2.5 AC OR 1437 PO 1729 Tax ID: 00710120005 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, '-:/ulL W, ( ~ FRED W, ÇOYLE, CHAIR~N - NOVEMBER 1. 2005 DATE , ..- ~. . ['~""" , ' .. . , ~-. . \ .4 ¡ ,. ... \ .1rrTEST: -' ~'. ~·OWIGHT E :'~ROC.K t CLERK t·'.. ... " "- ~.';/.~ . /''Oeputy C, erk Attøt It tc o,a 1rau · ~ s1qnatu" only 16K4 Approved as to form and legal sufficiency: Jeffrey A, Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0944 May 29, 2002 1 51 29 E1/2 OF SEl/4 OF NE1/4 OF NE1/4 OF NW 1/4 1,25 AC OR 545 PO 275 Tax ID: 00803400001 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~w~ FRED W, COYLE, CHAIR N NOVEMBER 1. 2005 DATE ATTEST: DW I GHT E.B:ROCK, C l E RK f~';l~.~ t)epUt..r Clerk, \tt!lt at to cna'run t . 1 Qnature on 1 , 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0945 May 29, 2002 15129 E1I2 OF NW1I4 OF SE1I4 OF SE1I4 OF SE1I4 1.25 AC OR 557 PG 498 Tax ill: 00803600005 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~W,( ~ ~EI?W_.COY.LE, CHA~N'" /' '. ~ ¡ NOVEMBER 1, 2005 DATE -, j ,.,. , , , , M'Ti($T~! .:~ DW'lGfiT L' BROCK, CLERK .r:':"{~ 'J. ~ Attest ~~tã,f11rla'à\" s 1 Qnaturt on 1 y 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Col1ector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the foUowing tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-0960 May 29, 2002 55129 El/2 OF SEl/4 OF SE1/4 OF NWl/4 OF NWl/4 1.25 AC OR 686 PG 722 Tax ID: 00828560007 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and aU other certificates of the same legal description which are in my possession, FRED 'to~E~HArz- NOVEMBER 1. 2005 DATE \ ' " ..~,~ :. \._ r , , ..' "" ., ..--' ¡.¡TTE $1:·, . ~ , ~ ~WIGHT','~~' ,B~O, CK, CLt.Rt(. ~,.:~,~ . . I. '~',. ~. _ c '; ""';' - \ ~ " _ ',' Deputy C1 erk , Attest ., to Cha'rmaø , i1<¡nðture on11 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1023 May 29, 2002 195129 W1I2 OF NE1I4 OF NE1I4 OF SW1I4 OF NW1I4 1,25 AC OR 629 PO 357 Tax ill: 00892520002 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~JL tv NOVEMBER I, 2005 DATE , ,..;;: , ., . ' ... ~ " . . , .L. -.I .. ,::-' t ~ -;. ", , . ... . 'J ~ A1Tt~T::' ", .--,. OWIQH ··E. BROCK, CLERK '~"'/,3~:~ ~~ ":'At~lst if~t~h~lf~ciA' ~ signature on1, 16 K 4" Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1031 May 29, 2002 205129 E1/2 OF W1/2 OF SW1I4 OF NW 114 OF NW 114 2.5 AC OR 498 PG 427 Tax ill: 00897320003 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~J1 w C~.. FRED ~~ COYLE, CHAIRM -...... NOVEMBER 1, 2005 DATE , . '. 4,' .., ) ~) ATI~Sn,'\ DWIGHT ~ E. BROCK, CLERK -~. ~.~ '';;''':'~ ~ '1£! ..,' . ~ ~t t~d'.iet\Y1"GfIaG f.&ð#' S ~19nature only 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1035 May 29, 2002 205129 SW 1/4 OF NEl/4 OF SEl/4 OF NEl/4 2.5 AC OR 577 PG 460 Tax ill: 00899800000 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. '-A-~w, ( ~ FRED W, COYLE, CHAI~N - NOVEMBER 1, 2005 DATE ...... \ . . ' , . . :' ATTEST :.\ ·...DWIGHT; E.,~BROCK, CLEPJ< :~~ 'J.~ ., ' -," .. .. " -.., r " . \ 1', \ \, "~I'. " ,.".. Oeput,l Clerk. "Atttst. ,u to Cha 1 ruA S signature on11 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1049 May 29, 2002 255129 E1/2 OF NE1/4 OF SW1/4 OF SE 1/4 OF NW 1/4 1.25 AC OR 803 PG 1589 Tax ill: 00921160003 r agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~~W~ FRED W. COYLE, CHAIRM NOVEMBER 1. 2005 DATE > ¡ > . -' '..~ . ATTEST:' ,PWIG'HT '~'. BROCK, CLERK ~~ ~ '-rnn~ " OéDUt...Y Cl prk . Attest at to~alraaa , ~iCJ'nðture on 1 y 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1066 May 29, 2002 305129 El/2 OF NWl/4 OF NEl/4 OF NWl/4 OF NEl/4 1.25 AC OR 627 PO 810 Tax ill: 00946600001 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~w.~ FRED W, COYLE, CHAIR N NOVEMBER 1, 2005 DATE ~": \ , ~ " ':; - .:1 ;> ~ ;:', ' <II, ~ ATrEST:J :'< '~~ DwtGHTE'. BROCK, CLERK '.} . I _ ,'. . ,. .. ".;:r~';/. ~ " _ ~ '. c'!'" ' .'t . . . Deputy Cl erk . Attest., to Chð1raaA , signature ooly ,~_.O>___,_.._..._~ 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1072 May 29, 2002 31 51 29 NE1I4 OF NW1I4 OF SE1I4 OF SWl/4 2.5 AC OR 656 PG 1541 Tax ill: 00952000006 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, '1u;Lw. ~ FRED ~Y,CQYLE, CHAIR N NOVEMBER 1, 2005 DATE " ~ i ArrEST::' ¡ D~l~T ~~. BROCK, CLERK ,?~';J.~ A~~rt' ~~UC~ð Fr1¿1t \ i 'Qnature 001 J' , 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1075 May 29, 2002 31 51 29 E1/2 OFNE1/4 OF NE1/4 OF NW 1/4 OF NW 1/4 1.25 AC OR 829 PG 688 Tax ill: 00955840001 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~w~ FRED W, COYLE, CHAIR NOVEMBER 1, 2005 DATE .. I' h ,. -~ , '. " :' :~ATTEST::' ,~ >'DWI~T ~È. BROCK, CLERk '-':" -'7:f.~~~~ ',~ '....... J)èPuty C7 er-k r ""..,.1;' I' to Cha t M'IU · J signature 0011 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1089 May 29, 2002 355129 E1/2 OF NE1I4 OF NW1I4 OF NE 1/4 OF NW 1/4, W 1/2 OF NE 1/4 OF NW 1/4 OF NE1/4 OF NW 1/4 2.5 AC OR 688 PO 1701 Tax ill: 00974200004 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~w~ FRED W, COYLE, CHAIR NOVEMBER 1, 2005 DATE . r' ~ 'ATTEST:> :' pWIGHT, ~:' BROCK t CLERk f~~'~ . Att&st\'it~tth~l~¡ln' '1 '~1gn4t~'onl1 16K4, Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-11 03 May 29, 2002 35513125% 0 G & M RIGHTS DESC AS: S1I2 SWl/4 NWl/4 & N1I2 NW1I4 SWl/4 Tax ill: 00992000008 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. '-A-JL Lv, NOVEMBER 1, 2005 DATE ,': \ \ .,. 1 , , . ,. ., :,',~ ,-ATTEST::, CLEOII' ' DWIGHT Æ. BROCK, "" '- I 'i>~' ';i. ~ . '/," "~'~putlC'erk , '::'Attost ., to Chð'1M1111't ) 10nðture M lv' 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1138 May 29, 2002 2 52 29 E1/2 OF W 1/2 OF NE1/4 OF NW 1/4 OF NW 1/4 L YG S OF CTY RD 2.5 AC Tax ill: 01076680000 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~WL~ FRED W, COYLE, CHAIR NOVEMBER 1, 2005 DATE ATTEST: DWIGHT E. BROCK, CLERK ~~ ';f.. ~ . dAttest PI~t~k~Att.· Ii ~ 1 anatur, (\JI' y 111 "I_~ 11_·'__·<'····..--- 16K4 Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1139 May 29,2002 25229 E1I2 OF SW1I4 OF NW1I4 OF NW 1/4 OF SW 114 1.25 AC OR 810 PG 919 Tax ill: 01077600005 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~w~ FRED W, COYLE, CHAIRM NOVEMBER 1, 2005 DATE ATTEST: ~~.~~EPJ( ,~puty Clerit Atttst I' to Chai~an'~ sf on.,t",.. 1'\"" '4 -,--"'"'.... 16K4 Approved as to form and legal sufficiency: Jeffrey A, Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1147 May 29, 2002 5 52 29 SE1/4 OF SW 1/4 OF NW 1/4 OF NW1/4 2,5 AC OR 671 PG 315 Tax ill: 01092080008 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other ce11ificates of the same legal description which are in my possession, ~-JL w, ( .b FRED W, COYLE, CHAIR~ .. NOVEMBER 1, 2005 DATE , , ATTEST ~:: , ' -{WI~HT ..·.E. ,. 8.ROCK J CLERK 1~,~~~ . .. "',Oe-puty' C1e" '\.. t~$t as to Ch."1 man' c; ~ 19r1atur@ :)t! 1 .' 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1158 May 29,2002 075229 El/2 OF SEl/4 OF SWl/4 OF SWII4 OF SWII4 1.25 AC OR 691 PO 940 Tax ill: 01101600007 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~w~ FRED W, COYLE, CHAIRM NOVEMBER 1, 2005 DATE ,! . -:'ATTÉST; ':-:PWIGH¡T E,.,8RQCK CLERK ~lfJÄ~ '¢t. ~ At~st'ì'iP~'C,çal~n . - ~ s 1qnature 00 1 y 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1159 May 29, 2002 75229 Wl/2 OF NWl/4 OF NWl/4 OF NEl/4 OF NEl/4 1.25 AC OR 734 PG 358 Tax ill: 01102440004 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~_w( ~ FRED W, COYLE, CHAIR~ - NOVEMBER 1, 2005 DATE . -,- , - , ,,' ATTEST: " " m;¡'GHT È.), BtWCK, CLERK ,,~ . ''iJ.' ~,-'~ ' , ", ,\, " Atte:i, n t!P~1;11~N'1rs signature OR}, 16K4 Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1161 May 29, 2002 85229 W1I2 OF NE1/4 OF NW1I4 OF SWl/4 OF SE1I4 1.25 AC OR 585 PO 1882 Tax ID: 01105400009 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, FRED~~~/:r NOVEMBER 1, 2005 DATE I. ~\'~ "'\ . I'"" .:-" "."\ . '.. L.., ;: A TJE 51 : '1 . ) ,-: DW1GHT E.', BROCK, CLERK ~~ ~~~ . :~m~o,¡~'o;¡.·, IS1qnatu'r@ M 1 y 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1176 May 29, 2002 11 52 29 E1I2 OF NEl/4 OF NEl/4 OF NWl/4 OF SE1I4 1.25 AC OR 985 PO 514 Tax ID: 01127400003 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriff's costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~w~ FRED W. COYLE, CHAIR NOVEMBER 1, 2005 DATE . ' , , ATIEST: :, ':~~~EAA . Deputy Clerl\ ~ttest .~ to C~airsaA , signature GA1J ,. 16Kb Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED '-- TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1257 May 29, 2002 185231 COMM SW CRN OF SEC 18, RUN N 330FT, E 100FT TO POB, S 100FT, E 226FT, N 100FT, W 226FT TO POB ,52 AC Tax ill: 01153520009 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable, Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession. ~WG ~ FRED W, COYLE, CHAIRM~ NOVEMBER 1, 2005 DATE ,'. \ 1 , ) :f " , ' r .... ~- , " , } )A TiE 51': ~ll~LERK -" C--4 .--, , ,--~ " "/:':.tt.9teøJ~ e~lrf.u' s signature ORl, '"=''''''.'._''__'11'<1' 16K4 ~" Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1264 May 29, 2002 5 52 33 50% 0 G & M RIGIDS DESC AS: E1I2 NEl/4 NEl/4 20 AC OR 21 PG 228 Tax ill: 01166960009 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, '-:Æ.-L w. ~ FRED W, COYLE, CHAIRM NOVEMBER 1, 2005 DATE ,.', ~~ ATTEŠT; J ",': DWIGHT ~~::~ BROCK, CLERK ?~':;J..~. ~tte$'tÐtø.C6¡""· , ¡1gnature oal, 16K4 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197,502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-1271 May 29, 2002 45326 PAR 28 DESC AS FOLL, COMM GT 21, N 28 DEG W 1139.25 Ff TO POB, N 70 DEG E 153Ff TO MHWL, NWL Y, SL Y + NWL Y ALG MHWL TO A PT, SAID PT BEING 75 Ff MEASD AT RT ANGLES TO PREVIOUS CRSE, S 70 DEG W 152 Ff TO MHWL, SEL Y ALG MHWL TO A PT, SAID PT BEING 75Ff MEASD AT RT ANGLES TO PREVIOUS CRSE, N 70 DEG E 109 Ff TO POB .30 AC OR 1626 PG 806 Tax ID: 01196680003 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, FRED~~HA~ NOVEMBER 1, 2005 DATE <"1~~ J . r "')4 "" " " ,.!'~, .~'( ", ,,' ~ - ' . - -.... : :' '\ :' . ~_ 'I;;~'!" ~.~j ~J; ATTEST:' ;- ~, .. 1)WIGRTE / 'Docrl, CLERK {~~,~ Atte~t ·~~·.t~~'Pih·, signature eAl, 16K4 Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-6096 May 29, 2002 SABAL SHORES OF BLK F LOT 11 A Tax ID: 71800000909 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, ~w~ FRED W. COYLE, CHAIRM NOVEMBER 1, 2005 DATE , " . ..' :..>J, ...::,,~,\ ATTï-4:":~' '- ~. ~;~>~ClERK {~:-:'¡j.~ . . .11.". . Att,,~~~~-1è'h%'i~R . s s1gnãtth-f'en1, 1~K4 Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney NOTICE TO TAX COLLECTOR OF APPLICATION FOR TAX DEED TO: Tax Collector of Collier County: In accordance with Section 197.502, Florida Statutes, the Board of County Commissioners, holder of the following tax sale certificate, hereby surrenders same to the Tax Collector and makes tax deed application thereon: CERT. NO. DATE LEGAL DESCRIPTION 02-6415 May 29,2002 VANDERBILT VILLAS PARCEL A Tax ill: 79795000029 I agree to pay all tax collector's fees, ownership and encumbrance report costs, clerk of the court costs, charges and fees and sheriffs costs, if applicable. Attached is the above-mentioned tax sale certificate on which this application is based and all other certificates of the same legal description which are in my possession, FRED~~HA:-:i: NOVEMBER 1. 2005 DATE "" . ,... "- ',', .. {,-.-. . Atr~S.T: .. . Dw..IGHT~ E .,B'ROCK, CLERK ~. t',,(" '\ ~/'_ ,-..1 .. '..., ;r~~>~ '~:\ \OeP"tìty C1 erk Atté,tls ~ Cha1n1&A" lignat... .IJ.I '<1 -_""'....__.~~.'"< ~ ,_..;__",~_.,_".u."".~__.~.m. _... __...... .----.:~"..,. .~,-- · ...~,~" )i( ~ )jl\'\ ill'·'''' ., I' .'11.... . .... .I!'" .. .,.,.... -' \....~;¿I'j ~1'i :J:7~~,"~,"·"t I . 1 ~~~_ ~ f , ). .... 'i. . ., Itr · t *' ......;"~ ..; 1~} ")'" ~'; ~~~J ç, i .~,' \ l I I . .s"p-¡rt(EYloW:::S.prTI\j£:9~)'IES.;<1:~..E"~iOW-$.l'fttt'Y;J1b'¡l'(t$!\\~ti.Ij;;:'.~~ :¡"~"~\ .f; ;1\0-11" ~ r J", > , :J 11':: - =1 It 7': :::jtney Bowes =nC}ln'~'?";,¡cr the flow 0/ communication'· Your Business Information Rental aceount number I ~ ?I ~ ~ ~ Collier County Board of County Commissioners Billing address 3301 Tamiami Trail East, C2 Billing contact name Gary W, Beauchamp Installation address (if different from billing address) Same as above CAN # Collier County Supervisor of Elections City Naples Billing contact phone II 239-774-8997 City ORDER # State FI 34112 Billing CAN II ZIP+4 State ZlP+4 Installation contact phone # 239-774-8997 Installation CAN # Installation contact name Gary W, Beauchamp Credit Card # Name on card Fiscal period (from - to) Tax exempt # 85-8012665920C-o Your Business Needs State tax (If applicable) Exp date Type of card Quantity Business Solution Description 1 Relia-Vote inserter using 8 Series Reconditioned Chassis per Schedule A 1 Relia-Vote Sorter using Olympus II Sorter with 8 Bins per schedule A 1 Auto Prep Module using Smartmailer and PB First per schedule A 1 On Route Set Up 1 Workflow Services 1 Project Management Your Payment Plan Check items to be included in customer's payment · Equipment Maintenance Provides service parts coverage · Software Maintenance Provides revision updates, technical assistance, license fees and subscriptions Soft-Guard® Subscription · Provides postal and carrier updates If you do not elect to indude Soft·Guard® protection with your lease, you will automatically receive updates at the then-current rates, D IntelliLink™ Subscription/Meter Rental Provides simplified billing and includes ( ) resets per year ( ) Confirmation Services Electronic access to postal confirmation services ( ) Postage by Phone® PLUS Receive an invoice for postage, consolidated billing. and enhanced rrenagement reporting information, Number of months 60 Monthly amount $12.898 Final payment $100 Your Acknowledgment () Tax exempt certificate attached Initial rental term 60 month Frequency Monthlv g, ,our "gnature 3S'Renter" below, you request thai we rent to you the equipment desa1bed above or on any schedule attached _ (the 'equipment") fo' Øll8Øf'ltial uov- purposealn consld_ of your payment to .. of the arnounCs set for1h II "e Pc;~menl Schedule. sublect to the terms and conditions provided In t/1s Agre«nent For )LfJOSØS of this Agre«nent, all paymenll set forth in the Payment Schedule shall be referred to as the "Total P..,.....a,· The paymenII referred to In the paymer ,. crf"{jule otller than tne "Final Payment" shall be referred to singular1y as a ·Period Payment" and oollectiYeIy as the "Period PaymenlS." Your offer \¥i. be binding on us \¥hen \Y8 acceøt it by having an authorized empkJyee sign tl All paymenII hereooder sha -è ~':,vdble only to us at OUf execuUveotfices unless wedired you otherwise in 'Miting. ',ON·APPROPRIATION You warrant thai you have funds available to pay the Total p..,.....a until the end of your QJnent fiscal peI1od, and shall use your best e_ to obtain funds to pay the Total P..,.....a In each subsequent "seal peI10d thnJugh II> ,'d of "M Initial TenTI If your appropriation request 10 yourleglslallve body, or funding authoftty ('GovernIng Body') fo,fundslo PlY the Total PaymenCs Is denied, you may terminate t/1s ~ on the last day of the _ period Tor whIcI1 funds f¡¡y, c een ,1 Dorapnated, upon (I) submiSSion of documentation """"""'bIy satisfaáory evidencing the Governing Body's denial of an _priallon sufIIcIent to conIInue this Agre«nent for the next sua:eedlng "seal period, and QI) __ of a. chalges an ~)bligations under this Agfeem~?rred thron»h ~ end 9/ the 11 for funds have been appropriated. inGIudlng the return of the Equfpment at your expense. -V\_t..«... V.J, Signature Fred Coyle Print name Date Chairman Title,f Account rep :~ .. to Oa& fF'IIM', vnttwe OIJ/, District office SlG Form. Rev 13/05) ApprovçCl Je, lu rorm & legal sufficiency ~.~- "- ----_..~.__._-----_._-- -- 'effre\' \ ",;" "",,,)W Assistant County Attornev <-._---',~" N/A Ema,il address A TT t. S T : PBCC acceptance D IGHT ~ CLERIC "',_<V_",""....'" i 0 For Sales and Service call1..eoo-322-8000 Ðepu J Clerk . 2. TERM. This Agreement shall eommence on the date of delivery of the Equipment and shall continU~ unti9 the 4lier of: l) termination at our option upon the occurrence of an event of default, or (ii) the occurrence of an event of a non- appropriation under Section I, or (iii) the expiration of the Initial Rental Term and your payment of all Total Payments and other sums due, and your fulfillment of all other obligations, under this Agreement. 3, EQUIPMENT MAINTENANCE AGREEMENT ("EMA"), If you select Equipment Maintenance, we shall provide, under the EMA, maintenance and emergency repair services on the Equipment, including new (or equivalent) parts required due to normal wear, during normal business hours. We may assess additional hourly charges for service performed outside normal business hours. Service and repairs due to negligence, misuse, external forces, loss of electrical power, power fluctuation, use of supplies not meeting our specifications, or service supplied by third parties are excluded. Consumable supplies and rate program software for electronic scales are not included under the EMA. 4. SOFT·GUARD AGREEMENT. If you select SOFT-GUARD, you have subscribed to the SOFT-GUARD Rate Protection Plan with us, and we shall provide up to six (6) qualified PROM or Disk replacements (media) over a twelve month period at no additional charge, The SOFT- GUARD Agreement covers the following types of events: (i) Postal or carrier rate increases or decreases, (ii) changes in service provided by carriers (e,g, required new report formats, or geographical expansions), and (iii) all Zip Code or zone changes, The following types of events are not covered by the SOFT-GUARD Agreement: (a) custom rate changes, (b) new classes of service offered by carriers, and (c) new PROMs or Disks (media) needed to establish a new home Zip code due to a change in equipment location, 5, SOFTWARE MAINTENANCE AGREEMENT ("SMA"). If you select Software Maintenance, we shall provide, under the SMA, at no additional charge, toll free telephone technical assistance relating to software programs and updated versions, Le" fixes and minor enhancements (excluding postal or carrier rate changes) of the licensed program. If you are renting addressing products, the SMA provides Addressing Software Update subscriptions covering quarterly national and state updates to the Pitney Bowes national address directory, as well as required periodic and/or random software updates needed to comply with changes of United States Postal Service regulations or databases, 6. METER BILLING. If you select Meter on Rental, you have entered into a Postage Meter Rental Agreement. Refer to your Postage Meter Rental Agreement for its terms and conditions, Notwithstanding anything contained herein. any meter(s) will at all times remain our property, 7, AUTOMATIC PROM REPLACEMENT. If you did not select SOFT-GUARD, we shall provide without further request from you, Automatic PROM Replacement, embodying software or rate changes. You shall receive notice when replacements become available, and may order replacement PROMS whenever there is a change in a carrier's service coverage, You agree to pay the then current list price for each PROM ordered for delivery with the Equipment or supplied under the above terms, except that there shall be no charge for the replacement PROMs issued within 90 days after the equipment installation, 8. WARRANTIES. We warrant the Equipment, PROMs and Software covered by this Agreement (excluding consumable parts and supplies) to b free from defect in material, workmanship, or programming for 90 days following installation. If, during this time, you have any problems (n( resulting from accident or misuse), we will repair or, at our option, replace any such defective item, PROMs and software are programmed wit rates and computation methods which may be specific to a carrier or regulated by a government agency, If such rates or methods are change by the carrier or the agency within these 90 days, we will update or replace affected PROMs or Software to reflect current rates and method~ We will assume the obligations stated herein only if you operate the Equipment, PROMs and Software in accordance with their publishe operating instructions and only for the ordinary purposes for which they were designed. THIS IS THE ONLY WARRANTY APPLICABLE TI THIS AGREEMENT, THE EQUIPMENT, PROMS AND SOFTWARE, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRES OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHEI WARRANTY, REPAIR OR REPLACEMENT OF THE EQUIPMENT IS YOUR SOLE REMEDY FOR BREACH OF WARRANTY, WE ASSUM NO RESPONSIBILITY FOR ANY DAMAGES INCURRED BY REASON OF THE FAILURE OF THE EQUIPMENT, PROMS OR SOFTWARE TI OPERATE AS INTENDED, INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 9, COMPUTATION OF TOTAL PAYMENT. You shall pay each and every Period Payment for the entire Initial Rental Term, subject to th Governing Body's right not to appropriate as provided in Section 1, The amount of each Period Payment is based on the cost of the Equipmen inclusive of all related expenses (plus, at your request, any unpaid balances for amounts due and/or to become due from a previous Agreemel less any product discount/allowance, plus amounts due for additional services selected by you, such as EMA, Soft-Guard Agreement, SMA, an Meter On Rental), We may increase the Period Payment as a result of any imposition of, or increases in, taxes as provided in Section 12 ( Section 15, or meter rental charges, You authorize Pitney Bowes Credit Corporation ("PBCC"), as our billing and collection agent, to charge th Credit Card specified on page 1 (the "Credit Card") on the due date specified in each invoice for the full amount of each Period paymen Immediately after the charge, PBCC shall notify you at your Billing address specified on page 1 of each Period Payment charged against th Credit Card, You authorize PBCC to charge the first Total Payment after the Equipment has been delivered by us, and to continue to charge th Credit Card for the entire Initial Rental Term of the Agreement, subject to the Goveming Body's right not to appropriate as provided in Section 1, 10, PURCHASE ORDER USE. You may use a Purchase Order to offer to obtain use of Equipment, provided however, if a purchase order is issuec none of its terms and conditions shall supplement, amend, modify or supersede the terms and conditions of this Agreement, nor shall any of il terms be incorporated herein, and it shall not be effective except with respect to Equipment description, Equipment quantity, Initial Rental Tern Total Payments, Equipment location, and the request for the ancillary services set forth in Sections 3 - 7, 11, INSURANCE. You are responsible for Equipment loss, damage or destruction from any cause, whether or not insured, You shall providl maintain, and pay for: (a) insurance against Equipment loss, theft, or damage, for the full replacement value thereof, with loss payable to us, an (b) public liability and property damage insurance naming us as an additional insured. No Equipment loss, theft or damage shall relieve you I your obligation to pay the Period Payments or any other obligation under this Agreement. 12, TAXES; NO LIENS, You shall payor reimburse us, as we direct, for all charges and taxes incurred by us which are based on or measured t this Agreement, the billing or receiving of Total Payments, documentation relating to this Agreement (including stamp taxes) and the sail purchase, ownership, renting, value (including personal property type taxes), possession, or use of the Equipment, Meters, or software, Yc shall keep the Equipment, meters, and software free and clear of all liens and encumbrances. Your obligations under this Section sh¿ commence upon Agreement execution and survive termination or cancellation of this Agreement. {POOOI934.2 } 13. DEFAULT. If you fail 10 pay when due any amount required, or fail 10 pe!form any 0111.. obligaliOl1 und..lI1ls l..6, jay, al 0] don and without demand or notice, take one or any combination of the following actions: terminate this Agreement, take posseSSio~ the Equipment (including meters), declare the entire amount of all Total Payments, and other amounts due and to become due, for the then currenl fiscal period for which funds have been appropriated to be immediately due and payable, and pursue any other remedy permitted by law or in equity, You will be responsible for all related damages and legal and other costs and expenses (including reasonable attomey's fees) incurrec by us in enforcing the provisions herein, 14, NOTICES. All notices under this Agreement shall be mailed, first class postage prepaid, to the recipient at its address on page one hereof, or al such other address as each party may provide in writing from time to time, Such notices shall be effective on the date they are mailed, 15, REPRESENTATIONS; MISCEllANEOUS, You represent and warrant that: (a) you are duly authorized to execute and deliver this Agreemenl and all procedures have been met so that this Agreement is legal, valid, binding and enforceable against you; and you shall not permit the Equipment to be used in a trade or business of any other person or entity; (b) you shall use the Equipment only in the manner specified in the manuals and instructions covering the Equipment and, at your expense, keep the Equipment in good repair, condition and working order; (c) you shall timely file an information reporting return (e,g, Form 8038 - GC or, as necessary, Form 8038 - G) with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the ·Code"), and the regulations thereunder, and you hereby appoint us as your Agent for the purpose of maintaining a registration system as required by Section 149(a) of the Code; and you are (and shall continue to be) a State or local government entity, and that any obligation arising out of this Agreement constitutes an obligation by 01 on behalf of a state or political subdivision thereof, within the meaning of Section 103 of the Code and the regulations thereunder, You acknowledge that this Agreement is entered into based on the assumption that the interest portion of each Period Payment is not includible in gross income of the owner thereof for Federal income tax purposes under Section 103(a) of the Code, A portion of each Period Payment you shall pay includes interest. If any interest is determined not to be excludible from gross income in accordance with Section 103(a) of the Code, your Period Payment shall be adjusted in an amount sufficient to maintain our original after tax yield utilizing our consolidated marginal tax rate, which adjusted Period Payments you agree to pay as provided in this Agreement, subject to Section 1. The rate at which the interest portion oj Period Payments is calculated is not intended to exceed the maximum rate or amount of interest permitted by applicable law. If such interes! portion exceeds such maximum, then at our option, if permitted by law, the interest portion will be reduced to the legally permitted maximum amount of interest, and any excess will be used to reduce the principal amount of your obligation or be refunded to you. This Agreemenl contains the entire agreement of the parties concerning the subject matter of this Agreement. All prior commitments, proposals and negotiations concerning the subject matter of this Agreement are merged into this Agreement. This Agreement may only be amended, modified, supplemented or superseded by a written agreement signed by both parties. No provision of this Agreement can be waived except by our written consent. YOU MAY NOT ASSIGN, TRANSFER, OR SUBLET ANY INTEREST IN THIS AGREEMENT OR THE EQUIPMENT WITHOUT OUR PRIOR WRITTEN CONSENT, We shall not transfer or assign this Agreement, provided however, we may have Pitney Bowes Credit Corporation service this Agreement for us, 16, SECURITY AGREEMENT; PERSONAL PROPERTY, You grant to us, as the Secured Party, a security interest in the Equipment and all additions, attachments, accessions, and substitutions thereto (excluding any meter(s) to which you do not hold title) and authorize us to file s financing statement with respect to such security interest. The Equipment shall remain personalty and not realty. 17, OPTION, You shall have the option to return the Equipment (in the same condition as when delivered to you, reasonable wear and teal excepted) to us at the end of the Initial Rental Term and in consideration therefor, we shall credit your account in an amount equal to your Final Payment. In order to exercise this option, you must notify us prior to the due date of your Final Payment and deliver the Equipment to us on the due date of your Final Payment. 18, SURRENDER. If you default, or terminate this Agreement by non-appropriation under Section 1, you, at your expense, shall return al Equipment by delivering it to us in the same condition as when delivered to you, reasonable wear and tear excepted, to such place or on boarc such carrier, packed for shipping, as we may specify. Until the Equipment is returned as required above, all terms of this Agreement remain ir effect including, without limitation, your obligations to make payments relating to your continued use of the Equipment and to insure the Equipment. 19, DOCUMENTATION FEE, If you and we have agreed, a one-time documentation fee to cover the origination, sales, processing and other cos~ associated with this Agreement is included in your Equipment cost and made a part of your Period Payments. 1 püoo ¡ C:H·1 ~ 16 J 3 Schedule A Qty Part Number Description 1 RD5V/w Scanning kit - Moving Beam (on output stacker) ABM 1 RD4C Camera Scan Kit--Output (Cognex 4100 after print) ABM 1 R4A6 8 Series Chassis with 5 Enclosure feeders ABM 1 MDI4 Short Shingle Envelope Stacker ABM 5 Y315 Sideless Vertical Stacker with Flap Detection ABM 4 Y303 14,5" Table ABM 1 Y304 33.5" Table ABM 4 Y309 Cable Kits ABM 1 R762 DM16 InfInity Mail Machine ABM 2 OEM2 HP Printheads (2" print each), mounting, cables, assy ABM 1 VPT Vacuum Print Transport ABM 1 RD23 Collation Log File ABM 1 RD3L DC NT Inserter Computer ABM 1 RD78 Standard In-line Printing Software (text only) ABM 1 RD Prime DC ABM 1 RD97 Output Scan-In/Out Check & File-Audit software ABM 1 R70Z DC to Meter Communication Software ABM 1 DC DC Software Application Support ABM DC Print Application Support ABM SIS Systems Integration Support ABM 1 88740975 Olympus I Base Transport ~ 1 1001670-02 Remote Diagnostic Service ~ I 1005106-01 CodeX W ABCR ~ 1 1000127-02 Pocket Section ( 1 ) 11M 1 1005682-01 Absentee Ballot Data Capture and Integration ~ I 1006451-01 Local Image Archiving 11M includes: 1M 1006731-01(Rack Mount HOST Server) 1M 1007374-01(Rack Mount UPS) 1M 1006453-01(Server Rack for HOST and UPS) 1M 1 1005581-01 Hardware Spares 1M 1 1001900-01 Oly I Accessory Kit 1M 1 1000508-01 KVM Switch 1M 1 1000961-01 KVM Cable 1M 1 88741014 Two-line LCD Display 1M 1 88740487 Standard Sorting Racks 1M 1 MailCode W ABCR 1M 1 1002312-03 lmaie Position 4 Black Printer printing Date/Time 1M 1 Custom SW Collier County Customization for Precinct Sortation ~ 1 3-D Document Envelope Detector 11M 16 J 3 1 WDPL SmartMailer with Delivery Point Validation FP 1 WS80 SmartMailer Installation FP I WSMC 8 Hours Postal Preparation Training FP I WS90 Smart Mailer Training FP 1 WMP3 Veri-Move Net Move update service up to 900K records FP 1 WPFI PB First integration Services per SOW FP 1 WPB5 PB First Base License FP 1 WDFI Document Formatting Option FP I WPSM PB First! SmartMailer Interface FP 1 WPF4 Advanced integration Services per SOW FP 1 PBMT Project Management PM 1 WFS Room layout and design PM 1 WFS Process documentation PM Auto Ballot Mailer= ADM Image Link Sorter= 1M File Preparation Software=FP Project ManagementJ Workflow Services=PM 16J E SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT ("Supplement") is made and entered into this 1st day of November, 2005, by and between PITNEY BOWES, INC., having a place of business at 37 Executive Drive, Danbury, Connecticut 06810-4148 (hereinafter referred to as "Contractor"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). WITNESSETH: 1. This Supplement is intended to modify all agreements between the parties (including subsidiaries of Contractor) with respect to this transaction. These Agreements are attached to this Supplement. Contractor represents to the County that it has the right to enter into this Supplement on behalf of both itself and its subsidiaries. Accordingly, notwithstanding anything to the contrary set forth in the Agreements, the parties agree that terms set forth below will control. 2. DISPUTE RESOLUTION. The Agreements shall be deemed to be made in Collier County, Florida, and shall be governed by the laws ofthe State of Florida. In the event of a dispute under the Agreements, including any allegation of default, the parties shall first use County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for appropriate relief in the Circuit Court of Collier County, said Court being the sole agreed upon venue with respect to any action arising from the Agreements. 3. OPTION TO PURCHASE. Following the sixtieth and final payment, the County will have the option of purchasing the Equipment upon payment to Contractor of the sum of $10, with time not being of the essence. If the County exercises this option to purchase the Equipment, Contractor will offer the County it's then standard-form Maintenance Agreement at its then standard pricing for an additional five-year term. 4. PERPETUAL LICENSE. So long as the County is in lawful possession of the Equipment, the County shall have the perpetual right to utilize the embedded software under the Software License with DMT, which right may not be terminated except upon the County's unlawful use of such software. 5. PAYMENT. County will pay Contractor in a manner conforming to both the Florida Prompt Payment Act (Florida Statutes §218.70, et seq.) and its standard payment practices. 6. INSURANCE. Contractor understands and acknowledges that County is self- insured. Accordingly, County will not provide, maintain, or pay for any insurance with respect to this transaction. {COOSS701.l ¡page 1 of 3 16 J 3 7. NOTICE. All notices sent to the County will be directed to the County's Purchasing Director at the address set forth below, with a copy to the Supervisor of Elections. All notices and other communications required or pennitted by the Agreements shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service. The Contractor and County may change the notice address at any time upon giving the other party written notification. Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 8. ASSIGNMENT AND SUBCONTRACTING. No portion of the requested services may be assigned or subcontracted by Contractor without the prior written pennission of the County. County may grant or withhold its consent in its sole and absolute discretion. 9. INDEMNIFICATION. County will not indemnify Contractor, except to the extent authorized by Florida law. (Pending review based on software involved) 10. AMENDMENT. Except as otherwise provided herein, the Agreements shall only be amended by mutual written consent of the parties hereto or by their successors in interest. In the event state or federal laws are enacted after the execution of the Agreements which are applicable to and preclude in whole or in part the parties' compliance with the tenns of the Agreements, then in such event the Agreements shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of the Agreements. 11. LEGAL RELATIONSHIP. Contractor is an independent contractor, and is not the legal representative or agent of the County. Contractor and County have a business relationship based entirely on and circumscribed by the Agreements. No partnership, joint venture, agency, fiduciary, or employment relationship is intended or created by reason of the Agreements. Contractor will exercise full and complete control over and have full responsibility for its contracts, daily operations, labor relations, employment practices and policies, including but not limited to the recruitment, selection, hiring, disciplining, firing, compensation, work rules and schedules of its employees. 12. SUBJECT TO APPROPRIATION. The Agreements are subject to appropriation by the Board of County Commissioners. {COO5570J.1 JPage 2 of 3 16 J 3 IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT ~\B~Ç,~~klerk . ....."\,\. ft.~. ',-1.,.n~".!J". Illl ,;:.' ""'''.jt~~.if...'' ~ _ ....'þ "" .~... <. "i" ' ...,. ..~~~ <.........,.,: . .....:... . - . (., . ,'.... ' By: l,..'" p.')',... .. ~ _ ~:-:.:.' ...,. . :,..~fi..neputy Clerk Attisr·u to Chalrilà£ f s 1 gnát~..oR 11.:.:.:.;::·...i~...~::· .~~~~,,~ ..........~4'i _,,~~ ...," '~/. :..:";~:.. \~r~,!\-·tt~~ ~...,... -"'1' po)....;....".... ,~,"~ . t . . . I I I ~ \ \ \ ' < BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1v-LW. ~ FRED W. COYLE, Chairman PITNEY BOWES, INC Contractor By: First Witness Signature By: Type/print witness name Typed Signature and Title Second Witness Type/print witness name and legal sufficiency: {coomOLl œage 3 of 3 t3¡~lOUp1l·· SOFTWAR~ I \ Pitney Bowes Company 16 J Agreement Number 3 INTERNET·BASED SERVICES AGREEMENT (5105) This Internet-Based Services Agreement (the "Agreement") is made and entered into effective this _ day of between: , 200_ by and Group 1 Software, Inc. ("Group 1") 4200 Parliament Place, Suite 600 Lanham, Maryland 20706·1844 1, Definitions, For the purposes of this Agreement, the following terms shall have the corresponding definitions: "Agreement" shall mean this Internet-Based Services Agreement; "Available Hours of Operation" shall mean twenty-four (24) hours per day, seven (7) days per week but shall not include regularly scheduled maintenance down time described in Section 8(b) of this Agreement and a force majeure lasting less than forty- eight (48) hours; "Available Hours of Support" shall mean the hours set out in the Documentation during which time Group 1 will be available to provide telephone technical support to Client regarding Client's use of OnRoute; "Branded Web Site Set Up" shall mean the services required to brand or incorporate Client's trade name or logo on the OnRoute Web Site to permit such client's tradename or logo to appear in all Records and Files submitted to OnRoute by Client; "Data Transfer Set Up" shall mean the services required to permit Client to submit Records or Files to OnRoute; "Documentation" shall mean the OnRoute Users Guide, that describes the functionality and service level support for OnRoute and the permitted use of OnRoute, The Documentation may be found at http://www,postbackoffice,com or other web address identified by Group 1; 'File" shall mean a file of Records submitted to On Route; "On Route" shall mean the services offered by Group 1 under this Agreement, as more fully described in the Documentation; "Record" shall mean an address of a letter that is logged into or submitted to On Route; and 2, Grant of RiQhts, Group 1 hereby grants Client a non- exclusive, non-transferable, revocable right to access and use On Route subject to the terms of this Agreement, including Exhibit 1, Group 1 further grants Client a non-exclusive, non-transferable, revocable license to any software provided by Group 1 under this ~~~,,^._...____o,.··w_..._~._"·_···" Collier County, Supervisor of Elections ("Client") 3301 Tamiami Trail E, Building 2 Naples, Florida 34112 Agreement (the "Software'), The Software shall only be used in conjunction with OnRoute and shall not be used independently of OnRoute, Client shall use OnRoute only to process Records submitted over the Internet or other network service, The rights granted hereunder shall commence upon the delivery to Client of the required access identification code, Group 1 reserves all rights to OnRoute and the Software not expressly granted by this Agreement. 3. GrouD 1 ResDonsibilities, a) OnRoute shall, subject to this Agreement, be available to Client during the Available Hours of Operation, OnRoute shall be connected to an industry recognized high speed Internet access line, b) Support for OnRoute shall be available during the Available Hours of Support, Support shall consist of telephone technical support to assist Client with the use of OnRoute. All such technical support shall be provided in accordance with the Documentation, 4. Fees: Payment Terms. a) Client shall pay to Group 1 the Data Transfer and Branded Web Site set up fees set out in Exhibit 1, The Data Transfer and Branded Web Site set up fees shall be paid upon execution of this Agreement. Client shall also pay to Group 1 the monthly and the additional fees set out in Exhibit 1, Unless otherwise set out in Exhibit 1, the monthly and the additional fees shall be paid monthly. Following the initial term identified in Section 12(a), below, Group 1 may amend the monthly and additional fees set out in Exhibit 1 upon thirty (30) days notice to Client. b) Client shall also pay any applicable sales, use, value added, personal property, Internet-related or other taxes and government charges imposed on the services provided hereunder, except taxes relating to Group 1 's net income, c) Except as otherwise provided herein, all fees, expense reimbursements and taxes due under this Agreement are due thirty (30) days from date of invoice. Client shall pay a service charge of one-and-one-half percent (1 .5%) per month on any fees not paid by the due date, 5. Client ResDonsibilities, a) Client shall comply with the use policy set forth in the Documentation, All Files or Records submitted to On Route must be -1- submitted in Group 1 's API or any other format identified in the Documentation or agreed to by the parties, Client shall maintain during the term of this Agreement Internet access through a recognized Internet service provider which is reasonably acceptable to Group 1, b) Client shall provide to Group 1, the name of Clienfs personnel responsible for Client's use of OnRoute, Client shall be solely responsible for the content of all Files or Records submitted to OnRoute and shall comply with all laws, rules and regulations relating to the use, disclosure and transmission of its Files or Records, c) Client shall only use OnRoute in accordance with the terms of the Agreement and the Documentation, Client shall not intentionally disrupt other users use of OnRoute, 6, Confidentiality, a) During the term of this Agreement, each party may have access to certain confidential and proprietary information of the other party, (collectively, the "Confidential Information"). Confidential Information shall include, but is not limited to: (i) OnRoute; Documentation; (ii) customer lists, prospect lists, existing agreements with vendors and business partners of either party, pricing proposals; (iii) marketing, sales, financial and other business information, data and plans; (iv) research and development information; (v) formulas, methods, know-how, processes, designs, new products, performance tests, computer software, bug fixes, reported problems with OnRoute; (vi) information concerning the service providers of either party; and (vii) any other information identified in writing as confidential or information that the receiving party knew or reasonably should have known was confidential. b) Confidential Information shall be used solely for each party's performance under this Agreement and the exercise of its rights hereunder and shall not be disclosed to any third party, Each party shall take reasonable precautions, at least as great as the precautions it takes to protect its own confidential information, to maintain the Confidential Information in strict confidence, c) Confidential Information shall not include any information that the receiving party can establish: (i) is or subsequently becomes publicly available through no act or omission of the receiving party; (ii) was in the receiving party's lawful possession prior to disclosure of such information; (iii) is subsequently disclosed to receiving party by a third party who is not in breach of an obligation of confidentiality; and (iv) is required to be disclosed under a court order or a valid subpoena, provided that the receiving party promptly notifies the disclosing party and provides the disclosing party an opportunity to seek an appropriate protective order, Confidential Information shall also not include the delivery statistics, mail piece attributes (other than name and address), USPS postal code information or mail piece tracking information derived from Files or Records submitted to OnRoute 7. NoninfrinQement: Indemnification, a) Group 1 shall indemnify, defend and hold Client harmless against any claim that OnRoute or the Software infringes or misappropriates any copyright or trade secret, infringes any United ;I 1~ I, r.... States trademark or, to the extent OnRoute . ttV IS used in accordance with the Documentation, infringes a nited States patent. This indemnification does not extend to data elements appended in the OnRoute service. Group 1 shall have control of the defense and shall defend at its own expense, any claim or litigation to which this indemnity relates. Client shall notify Group 1 promptly of any such claim and shall reasonably cooperate with Group 1, upon Group 1's request and at Group 1's cost, to defend such claim, b) In the event of an infringement claim, Group 1 shall have the right to: (i) offer a replacement service or replace or modify the Software, at no cost to Client, which replacements shall be functionally equivalent to OnRoute or the Software; (ii) procure, at no cost to Client, the right to continue to use On Route or the Software; or (iii) direct Client to terminate use of OnRoute or the Software, If Group 1 directs Client to terminate use of OnRoute or the Software, Clienfs remedies, in addition to the indemnification set out herein, shall be limited to the right to immediately terminate this Agreement and receive a refund of any prepaid but unused OnRoute services, c) Group 1 shall not indemnify Client or be liable for claims based on the use of OnRoute or the Software with data, hardware or software not provided by Group 1. d) Client shall indemnify, defend and hold Group 1 harmless against any claim arising from: (i) Clienfs use of OnRoute or the Software in a manner not permitted under this Agreement; (ii) a claim that the Records or Files or any data, or other materials provided by Client infringes any patent, copyright or trademark or misappropriates any trade secret; (iii) a violation by Client of any law, rule or regulation regarding the protection of personal data or the use or access of OnRoute; or (iv) acts of gross negligence or willful misconduct. Client shall have control of the defense and shall defend at its own expense, any claim or litigation to which this indemnity relates and any failure by Client or its customers to abide by Section 5(c), above, Group 1 shall notify Client promptly of any such claim and shall reasonably cooperate with Client, upon Client's request and at Client's cost, to defend such claim, 8. SuDDort, a) Support for On Route shall be available during the Available Hours of Support, Telephone support calls may be monitored or recorded, Additional hours of support are available for the fees set out in the Documentation, b) OnRoute may not be available during certain limited times to permit Group 1 to perform standard maintenance support services. Group 1 will use reasonable commercial efforts to provide Client with up to seventy- two (72) hours notice of any scheduled maintenance down time, 9. Warranties: Disclaimers, a) Group 1 represents and warrants that, subject to the United States Postal Service ("USPS") mail tracking or Confirm system, OnRoute shall perform all material functions set out in the Documentation, Group 1 represents and warrants to Client that all services shall be performed in a professional manner in accordance with generally accepted industry standards and practice, Group 1 -2- does not warrant the operability or accuracy of any Records or Files processed by Group 1. b) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT, GROUP 1 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF ON ROUTE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. ,GROUP 1 SHALL NOT BE LIABLE FOR ANY LOSS OF FILES OR RECORDS SUBMITTED TO ON ROUTE OR LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF ONROUTE, c) ONROUTE IS DEPENDENT ON DATA PROVIDED BY THE USPS AND CERTAIN OTHER THIRD PARTY DATA PROVIDERS. EXCEPT AS EXPRESSLY WARRANTED IN SECTION 9(A), ABOVE, ACCESS AND USE OF ANY OR ALL OF SUCH DATA AND ANY OTHER SOFTWARE IS PROVIDED ON AN "AS IS" AND "WHERE IS" BASIS. 10, Limitation of Liability, EXCEPT FOR GROUP 1'S LIABILITY UNDER SECTION 7, GROUP 1'S TOTAL LIABILITY TO CLIENT ARISING OUT OF THIS AGREEMENT IN TORT, CONTRACT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY CLIENT DURING THE IMMEDIATELY PREC¿DING TWELVE (12) MONTH PERIOD. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, 11, Default. If either party is in breach of any material provision of this Agreement, such party shall have fifteen (15) days following written notice from the other party, or an additional period of time as reasonably agreed to by the parties, to cure such breach, If the party in breach is unable to timely cure such breach, the other party may upon written notice to the party in breach terminate this Agreement or suspend performance of its obligations under this Agreement. If Group 1 terminates this Agreement or any of the rights granted hereunder, Client shall remain liable for all fees due under this Agreement prior to the date of termination and no amount previously paid to Group 1 shall be refunded, If Client terminates this Agreement pursuant to this Section 11, Client shall receive a refund of any prepaid monthly fees for the On Route service for services that were not provided, 12, Term of AQreement. a) This Agreement is effective on the date set forth above and shall continue for an initial term of twelve (12) months. Thereafter, this Agreement shall automatically renew for additional twelve (12) month terms, Following the initial twelve (12) month term, this Agreement may be terminated by either party upon sixty (60) days written notice, b) Notwithstanding the foregoing: (i) Client may terminate this Agreement upon thirty (30) days notice to Group 1 if in any month OnRoute is available 'e.. lI1an ninety ~ (6) Je AvailrtJ,~ Hours of Operation for such month due to a factor within Group 1's direct control; and (ii) Group 1 may terminate this Agreement immediately if Customer has failed to submit at least fifty thousand (50,000) Records per month over any three consecutive months or if the USPS terminates the USPS Confirm process, In addition, this Agreement may be terminated in accordance with Section 11, above, c) Upon termination of this Agreement, (i) Client shall immediately cease use of OnRoute and (ii) Group 1 and Client shall promptly return all Confidential Information of the other party, Sections 4, 6, 9, 10, 12 and 17 shall survive termination of this Agreement indefinitely or to the extent set out therein. 13, Enforcement. Either party may be irreparably damaged if the obligations under Section 6 are not specifically enforced and such party may not have an adequate remedy in the event of an actual or threatened violation by the other party of its obligations under such Section. The parties agree, therefore, that such party may be entitled, in addition to other available remedies, to an injunction restraining any actual, threatened or further breaches of the other party's obligations under such Section or any other appropriate equitable order or decree, 14, Force Maieure, Neither party shall be liable for and each party shall be excused from, any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including, but not limited to, governmental actions, including postal authorities, fire, work stoppages, shortages, civil disturbances, transportation problems, interruptions of power or communications, failure of Internet service, hosting or telecommunication service providers or other suppliers or subcontractors, natural disasters, acts of war or terrorism or acts of God, 15, Assiçmment. Client shall not assign any of its rights or obligations under this Agreement without the prior written consent of Group 1, which consent shall not be unreasonably withheld, delayed or denied, 16. Publicity, Client hereby grants Group 1 the right to include Client's name in any customer list of users of OnRoute, Except as provided in this Section 16, neither party shall use the name of the other in any press release without the consent of the other party, which consent shall not be unreasonably withheld. 17. ADDlicable Law. a) This Agreement shall be governed by the laws of the State of Maryland without reference to principles of conflict of laws, b) Subject to Section 13, any controversy or claim arising out of or relating to this Agreement or the breach thereof, including the determination of whether a dispute between the parties is subject to this provision, shall be settled by binding arbitration, The arbitration shall be held in the Washington, D,C. metropolitan area and in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. In no event shall the arbitrator award punitive or exemplary damages. The decision of the arbitrator shall be rendered within thirty (30) days following conclusion of the -3- arbitration, shall be in writing and shall set forth in detail the reasons for such decision, Judgment upon the award may be entered in any court of competent jurisdiction, c) In the event of any action or proceeding (including arbitration) brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees arising from such action or proceeding, 18, Host. Group 1 may host OnRoute or rely upon a third party to host OnRoute, Group 1 may change such host in its sole discretion and without notice to Client. If the agreement between Group 1 and the host is terminated, Group 1 may, upon notice to Client, immediately terminate this Agreement and Clienfs sole remedy shall be a refund of any prepaid but unused OnRoute services, 19, Audit Riahts, Group 1 shall have the right, upon reasonable notice to Client, during regular business hours and at Group 1's sole cost and expense, to conduct an audit of Client's use of OnRoute, Any such audit shall consist solely of a review of Client's compliance with the terms and conditions of this Agreement. Client shall provide all reasonable assistance to Group 1 during such review. 20, General. a) No waiver of or failure to act regarding any breach of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or other provisions hereof. b) Any notice alleging a breach of this Agreement shall be in writing and shall be sent by ovemight courier or delivered in person to the party's address set forth in this Agreement. Any other notice required to be provided by Group 1 under this Agreement may be sent by United States mail or e-mail to the individual designated by Client. Agreed to and accepted: Group 1 Software, Inc. By: Name: Title: Date: J~~I@_fØtllJlN.l!~~CollierCounty Gaunt'! of COLLIER .....,. \\,\t\\lnhHU'111 ,\' >.!.\,clf .. ~. '" t HEREBY ~~!i!:t~i~íXf~"~·~!S. a true and ccrra':t cOp¥;~.a Æ:9,."~"'., ,~.å11}fi.le In 30,~rd M¡@;~?"::;rqj:,:,j~:(:;~~\ '~f;ÇQllier Count) ~::SdJ:?ltKøI~~6Æ'iS ~, :"?1'\.~", ( ':;, ' .......:-:J OW G T E·.'··ß.,'~~i'.,;.~~~~¡~OF COURTS S~ ~, tffi.~'" D.è:. _.. ......~I.. :.. 0) . . any pro,;sion of Ihis Agmelt W Ihereof, i 3 held to be invalid, illegal or unenforceable by a court of compete~ jurisdiction, such provision shall be severed herefrom and the remaining provisions of the Agreement shall remain in full force and effect. d) If Client desires to retain Group 1 to provide any additional consulting services related to Clienfs use of OnRoute other than the Branded Web Site Set Up and Data Transfer Set Up services, Client and Group 1 shall execute a separate consulting agreement. 21, Entire Aareement. a) This Agreement constitutes the entire agreement between Group 1 and Client, and supersedes all proposals, purchase orders, understandings, representations, prior agreements or communications relevant to Clienfs use of OnRoute. This Agreement also supercedes any preprinted terms contained on a purchase order or similar document issued by Client subsequent to the execution of this Agreement or an addendum and such preprinted terms shall have no force or effect. Client has not been induced to enter into this Agreement by any representations or promises not specifically stated herein, Neither this Agreement nor any addendum shall be construed against the party that has prepared such Agreement or addendum, but instead shall be construed as if all parties prepared the Agreement or addendum, This Agreement shall be signed by authorized representatives of Group 1 and Client. b) The terms of this Agreement, including the rights granted herein and applicable fees, are conditioned upon Client's execution and Group 1's receipt of this Agreement by , If Client fails to execute and return this Agreement to Group 1 by such date, Group 1 may, in its sole discretion decfine to honor the terms of the Agreement, including the fees and rights set out herein. Collier County, bl:lJel"ti30, or EI~~uh~ By: ~W ~ Name: Title: Date: -4- Attest II to Ct\ signature on11 , Assistant County Attornev ATTEST: 13~~~ 1~rkClEr« DeP _,1.,...___. 16 J ì] EXHIBIT 1 A. FEES: 1. One Time Initial Setup Fee: $10,000 (included in lease) 2. Annual Subscription Fee: $5,000 (included in lease) and actual usage as follows: a) Transaction Fee: $.03 per each Record. Such fees are in addition to the One Time Initial Setup Fee and the Annual Subscription Fee. b) The foregoing fees are conditioned upon Client's execution and Group 1's receipt ofthis Agreement by SeDtember 3D, 2005. If Client fails to execute ad return this Agreement to Group 1 by such date, Group 1 may, in it sole discretion. decline to honor the fees set out above. B. CREDIT: Availability Hours of ODeration Percentage Credit 99.1-99% 5% 90,1<95% 10% <90% 15% -5- 16 J 3 I ~ Software License Terms for software imbedded in DMT and Mail Code Equipment (a) Grant of License. (i) DMT and Mail Code (collectively "Licensors") are the owner of certain software products and data bases, and Licensors license software and data bases owned by third parties, both as set forth under the headings "Hardware" and "Software" in the Specifications (the "Licensed Programs"), which are required for Company to use and operate the Equipment. Licensors agree to grant, and Company agrees to accept, a non-exclusive and non-transferable license to use each of the Licensed Programs along with their respective documentation in accordance with the terms and conditions of this Exhibit (the "Software License"). (b) Ownership and Use. (i) Company may not copy the Licensed Programs, Licensors will provide to Company one (1) copy of the Licensed Programs for back-up purposes. The Licensed Programs cannot be transferred via any media, including telecommunications lines, other than that on which they are supplied to Company. Company shall not create by decompilation or otherwise the source programs or any part thereof from the object program or from other infonnation made available under this Software License. (ii) The Licensed Programs and all documentation relating thereto and all copies thereof are proprietary to Licensors and title thereto remains with Licensors. Company shall not sell, transfer, publish, disclose, display or otherwise make available any Licensed Program or any copy thereof to others. (iii) Company acknowledges that the Licensed Programs are trade secrets of Licensors or of the third parties under whose license Licensors provide the Licensed Programs. Company agrees to secure and protect the Licensed Programs and copies thereof in a manner consistent with maintenance of Licensors' rights therein and to take appropriate action by instruction or agreement with its employees to satisfy its obligations hereunder. (iv) This Software License authorizes the Company to use the Licensed Programs only in machine readable form and only in conjunction with the operation of the Equipment as set forth in this Agreement. Any use of the Licensed Programs with any other equipment is expressly prohibited. (v) The terms of this Software License take precedence over the terms of any other document where such terms are inconsistent with the terms of this Software License. (c) Other Restrictions. Company shall not use, transmit or permit export of the Licensed Programs in or to any country where such use is not permitted under United States export regulations or any other applicable law. Use, duplication or disclosure by the Government is subject to any additional restrietions as may be set forth in subdivision (b)(3)(ii) of the Right to Technical Data and Computer Software clause at 252.227-7013. Company shall not install, download or execute software other than that provided under this Software License on the CPU or storage devices associated with the Equipment, (d) Tennination. This Software License is effective upon delivery of the Licensed Programs and shall remain i force until terminated. Company may terminate this Software License at any time by notifying Licensors of such termination at least five (5) days prior to the effective date of such termination and by destroying the programs and documentation togetht with all copies, This Software License will terminate automatically if Company violates any term of this Software License, Termination of this Software License shall be in addition to, and not in lieu of, any other legal or equitable remedies availablt to Licensors. (e) Limited Warranty. (i) Licensors warrant that the Licensed Programs will perform substantially in accordance with the Service Documentation during the Warranty Period. This warranty is not enforceable against Licensors if the Licensed Programs fail to perform as a result of: (A) accident or misuse; (B) use with software programs or non-qualifying data bases of any party other than Licensors; (C) use on or with any equipment or system other than the Equipment; or (D) anything tbat would make the warranty of the Equipment unenforceable. To the extent that any of the Licensed Programs require current data to operate according to the Service Documentation, if Company does not obtain and install any necessary current data, this warranty is void. 16 J 3 1< (ii) THE WARRANTY SET FORTH IN THIS SECTION (e) IS THE ONLY WARRANTY APPLICABLE TO THI LICENSED PROGRAMS AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. (iii) Licensors do not warrant that the functions contained in the Licensed Programs will meet Company's requirements or that the operation of the Licensed Programs will be uninterrupted or error free. (iv) Licensors may, from time-to-time, revise or update the Licensed Programs, including the Service Documentation, and in so doing incurs no obligation to furnish such revisions or updates to the Company after the Warranty Period except as provided for under the tenns of any Software Maintenance Agreement for which Company may subscribe. Any revision: or updates issued during the Warranty Period will be warranted for the remainder of the Warranty Period. (v) Notwithstanding anything in this Software License to the contrary, with respect to any software or data base licensed by Licensors from a third party, Licensors' warranty obligations to Company shall not be any greater than the warranty obligations the licensor of such software or data base has to Licensors. (f) Limitation of Remedies and Liability, Licensors' entire liability, and Company's exclusive remedy, with respect to the Licensed Programs (including Company's use thereof or any breach of any warranty relating thereto) shall be, ~ Licensors' option, the repair, recalibration or replacement of any Licensed Programs and/or media which are returned to Licensors during the Warranty Period, with a copy of Company's paid invoice. PITNEY BOWES DOCUMENT MESSAGING TECHNOLOGIES DNISION CUSTOMER By: Signature By ~ W C(}<> Signature "' Printed or Typed Name Printed or Typed Name Title Title Date Date ~ . :. ...~ ,'\ G(.,j;.~n::./ ci ::..:(í~L.;~R ! !_; r~RES'" .....'C "'W-;-~\-;:~ is a t¡ua and _..:;;·!"_~.:-:t . - ,"_"., -'-_;~_:';l')n fH.a in .. - ",~"II~I~"'It. _ ..,~ il' C nh. ::\Q:Jr(~ '-, ·.:,.~".ct"i"'I\;I::'·~,c:r ",,0 ,I~r au "J " 'f-' ". ¥¡¡¡'·oUß..,~'t! ~ I <.11'5 W 1-,"" ;.-' ~ ,'.,~f;1~'~;.~.,.u.;~,Ó) 5_3 ¡.¡ I ~_--'~,1:,-/i,_~~·.- ,,-"<~~\ . . ........" _..........I/.f. ..... --:1''' .' -')¡: ;, 1"):': :.<>, , f"~~>4 :, P'V~¡G ïrd?~: ~R 'CfCèLi,W -;.~OURTS : " 'í \f :.r..':= - ,"',', . ';:f;.,' D C C3~J:, -,f,. ". ' ....~ -. 'J! ~~" . . ,.....¿,..,....6. - ..., '......~"?-, h~'",,",~;,-, Ut:f'Qa~~.f,1 ....,~ ~~.'*''''''~''.''''' 1'U" ,',\&.:-' ¿; . '¡'''~''. .;;, 1" .--;.t1 r f. HUt d:.F- ufficiency ~.: .: - -. C'!-MI,: ;' ~ I~U ~ ....~ ~ "r.¡<7- .... r,~. ;-'?' ""'-,;'f' ..: i ' At*~~;.~.:to.~Jlt.u " I jglia.t.11~ 1¡"II,,1l1 . Pitney Bowes Engineering the flow of communication'· 16 J"3- SERVICEWORKSTM MAINTENANCE AGREEMENT This Maintenance Agreement is made and entered into as of the I sl day of November, 2005 by and between Pitney Bowes Document Messaging Technologies Division, a division of Pitney Bowes Inc. ("Pitney Bowes"), having a place of business at 37 Executive Drive, Danbury, Connecticut 06810-4148, and Collier County Board of Commissioners (Collier County Supervisor of Elections), having a place of business in Naples, Florida ("Customer"). 1. SCOPE AND TERM OF AGREEMENT 1.1 This Agreement is for hardware support of the products described in Schedule A (the "Products"), 1,2 This Agreement shall be effective as of the date described in Schedule A ("Service Date") and shall continue for a period of one (I) year, Thereafter, the contract shall be renewed automatically for a period of one (I) year unless a party provides written notice of its intention not to renew at least thirty (30) days prior to the expiration of the then current tenn, 2. SERVICE SUPPORT 2.1 Pitney Bowes shall perfonn such maintenance services with respect to Products, including providing adequately trained and qualified Customer Service Representatives ("CSRs"), as set forth on Schedule B hereto. 2.2 Subject to Schedule B. "maintenance" activities include reasonable remedial maintenance and preventative maintenance necessitated by normal usage, Remedial maintenance will include replacement of parts, excluding consumable parts, and machine enhancements. 2.3 Subject to Schedule B. "preventative maintenance "will consist of inspecting, cleaning and periodically lubricating various components as well as replacing any worn parts. Pitney Bowes shall infonn Customer of the timing and nature of preventative maintenance required and Pitney Bowes and Customer shall mutually agree on the scheduled time for CSRs to perfonn the preventative maintenance. Pitney Bowes shall use connnercially reasonable efforts to conduct preventative maintenance as scheduled, Customer shall make the Products reasonably available to Pitney Bowes for preventative maintenance. 2.4 Notwithstanding anything in this Agreement to the contrary, Pitney Bowes will not be responsible: (i) for maintaining any Products that Customer has failed to operate under suitable temperature, humidity, line voltage, or any specified environmental conditions; (ii) if reasonable care is not used in handling, operating, and maintaining the Product; {iOO32389,\ I (iii) if the Product is not used in accordance with the agreed applications and for the ordinary purpose for which it is designed; (iv) if the inability of any Product to perform is due to any act or failure to act on the part of Customer, including without limitation, any alteration of or adding components to any Product; (v) unqualified operators' use of the Product; (vi) use of the Product in a manner not intended; (vii) use of the Product to process applications not previously approved in writing by Pitney Bowes; and (viii) use of damaged materials, such as paper or envelopes. If Pitney Bowes performs any repairs or maintenance as a result of any of the foregoing, the Customer shall pay Pitney Bowes at Pitney Bowes' normal rates in effect at such time. Customer shall promptly notify Pitney Bowes of any unauthorized alteration of or addition to the Product that oecurred after Customer accepted the Product. Pitney Bowes will not be required to maintain Products that have become obsolescent, either due to age, discontinuance of Product's manufacture or irrepairability. Pitney Bowes shall make reconnnendations to Customer regarding the replacement or refurbishment of such obsolescent Products. 2.5 Service outside of the contracted hours or beyond what is described in Schedule B will be provided at Pitney Bowes' rates in effect at such time, 3. MAINTENANCE CHARGES AND PAYMENTS 3.1 Connnencing on the Service Date, Customer shall pay to Pitney Bowes the maintenance charges described in Schedule B. Pricing will be reviewed on an annual basis and Pitney Bowes shall notify Customer of any price increases not less than sixty (60) days prior to the end of anyone-year period. Upon receipt of such notice, Customer shall have thirty (30) days to reject such increase. If such increase is rejected, the parties shall have thirty (30) days from the date of rejection to mutually agree upon a price for the upcoming year. In the event that such negotiation period expires without agreement and Pitney Bowes is still providing Services to Customer, Customer shall be responsible for paying the monthly fee to Pitney Bowes at the new price until resolution is achieved. In the event Customer notifies Pitney Bowes that it desires to have additional Products covered under this Agreement. adjustments will be made by mutual agreement. ."':!'.' ~" - ~ ~ ~ ., , . Þ-.,! \ I '" ~.. - ~ ,~- , J' ,-'~ :..~:. __ ).. ". ) I ..,; .. p;. jit' pI.." r. . '. . ~,' " I . ¡ 'J . ' j ':' II _ 1" t.:: . , " . , ~ 11 a /Ii 3,2 Pitney Bowes will invoice Customer for maintenance charges (or for any pro rata portion thereof) on the Service Date and on the fIrst day of each calendar period subsequent to the Service Date. If your payment is not made in full on or before its due date, you will pay us a late payment administrative fee on the delinquent payments in the amount of 1.5% per month (or the maximum rate allowed by law) until paid in full, For each dishonored or returned payment, you will pay us our applicable returned item fee. Customer shall pay Pitney Bowes for costs and fees (including reasonable attorneys' fees) incurred in the collection of any unpaid amount. 4. TERMS AND CONDITIONS 4,} Taxes. Customer shall pay all federal, state and local sales, use, property and excise taxes imposed on or with respect to this Agreement or the services provided hereunder. 4,2 No Implied Warranties REPLACEMENT AND/OR ADDITIONAL PARTS USED IN CONNECTION WITH THE MAINTENANCE OF THE PRODUCTS HEREUNDER, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. PITNEY BOWES DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, 4,3 Limitation of Liability NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES 4,7 Miscellaneous (a) This Agreement shall inure to the benefIt of and be binding upon the successors and pennitted assigns of the parties hereof. Neither party may assign any interest in this Agreement without the prior written consent of the other, and any such purported assignment without such consent shall be null and void. {iOO32389 1 } 16 J'. I (b) This Agreement shall be governed by, construed and interpreted in accordance with, the laws of the State of Connecticut without regard to its conflicts of laws principles. (c) Failure to enforce any rights hereunder or under law, irrespective of the length of time for which said failure continues, shall not constitute a waiver of those or any other rights. (d) Captions used herein are for the convenience of the parties and shall not be used in construing the meaning of this Agreement. ( e) If any of the provisions of this Agreement shall be invalid or unenforceable, such provision(s) shall not render the entire Agreement unenforceable or invalid but rather this Agreement shall be read and construed as if the invalid or unenforceable provision(s) are not contained therein, and the rights and obligations of the parties shall be construed and enforced accordingly. (f) The terms and conditions of Sections 4 and 5 of this Agreement shall survive the tennination of this Agreement. (g) This Agreement may be executed in one or more counterparts, each of which shall be considered an original, and together they shall constitute one and the same instrument. 5. NOTIFICATIONS Any notices or other connnunications pursuant to this Agreement by either party shall be connnunicated in writing, shall be effective upon receipt and shall be personally delivered or sent via U.S. registered or certifIed mail, fIrst class postage prepaid. Any notices or connnunications shall be sent to the parties at their addresses set forth in this Agreement unless a party otherwise notifIes the other party. Notices or communications to the Customer shall be sent to the attention of the Customer's Vice President of Purchasing. Notices or connnunications to Pitney Bowes shall be sent to the attention of the President, Document Messaging Technologies Division. L!:: t :;- j " .- .." - , :. .. .... -" ¡ ,,$ ! : --c. _ _ -'* >, \II " 1»11.1- . ~ ........ -1/[' ~.._ ij,. I i4 ;».] .....1 Ö " " . ,~ _ __ _ K ~ .t ~ .: ,,'.;. 11 . tt ,¡;,. ~ ¡,',tHEY aOWESc· PHNE'/ U'",'I: . f· : '." ;1.,' " ,1','.: ,''','' .' , . I ¡, " ' 16 J 3 .~ ¡ IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on behalf of the parties as of the date ftrst above written. PITNEY BOWES DOCUMENT MESSAGING TECHNOLOGIES DIVISION CUSTOMER By: By: Sigrm~W. ~ Signature Printed or Typed Name Printed or Typed Name Title Title Date Date State oi fLORlDA County of COlUrn I HEREBY Czn,¡!-: TH;'T~~!3 i!t n trneand " . , " .',' "" ~'II^ 'n CQrr~ct c:,~·!': : , ,,~."I ~ ,ow t , . .., II' CO nh.. 8~:;)rd M~\:·_;·..,: ': ,. " cr \,.0 ,Ier U "J \"""IH',, . ' t','s w'q~Ië:S~:.:..<¡:J:'.~L~~;;~J:~~ I a J~~~)I.(.: .'~'" ~.~ ,i?)" ..4t.~.,__. .'w f';"~ ....~<';.'~ O,w'G ... 0: <!!'Ç..:'~"";Î'..I.>',' .,. r' ~-^"\. URT S ,., I....,. .~tj,L· I ~...- ,-" .....~ - ,:~~.. J;" "~' '/ (-~::' : ~"E 8 · ....~, , ': 0 C. "/~-;...-;"".~;:~,-:... /2>..:./..-.·~' . t.:; ~~;~ >;.:~..~.··c;;;·:...' ~ , . ";.:~' ~,,~.., , ~l..·' . OJ ¡~'1',~t;i/"tl',:~ ',~ ,.1""">" :; . ,71)'I,,,,,",I!.'· ~'--,..~. - ... -. ". "~"x.:." . ,?~. "".' , .',' . ..... ",I '" ~ ,: ~ I. Appro Jeffrev W' t' J ~ ;ø J -. ~ \., . ¡ J >} - ~* - ( .... : . , ' f iI.' (I, 0 ,_ ). '¡ j --' i! ~" , . ~' ~' , _ ¡. I ~ ¡¡) t ,.) I .. ..}, !\j " . , v ? t:I I 1, ~ . _" __._~_ _ -JI ~I .J ~ . .... " . ~ _,. . ~,:ø .. ~.,Ii II ¡ ! .. ð , . f","'. . . ,~! . .'I'~r.¡H'~"J~"r'.'" 4 ." ,,_}....' i0032389 I 10 .J 3~ SCHEDULE A MODEL SERIAL 1. 8 Series Console inserter (reconditioned) 2. Relia- Vote Modular Output System 3. 4" Print Module 4. Infmity Mail Machine 5. Olympus I Image Link Sorter 6. 8 Sort Bins 7. Relia- Vote Image Capture Software 8. Precinct Sortation Software 9. Outbound Postal Presort 10. Service Date: Service package includes the following: Includes all parts (inserter and sorter) Includes all embedded software license fees Monthly Cost: $2,108.33 (included in monthly lease cost) Provides coverage for volumes up to 500,000 pieces per year 0032389,1 ¡p!t... ..:, ~_ . ,,;,. I ~, .. "'" · I! , " U'.!. ~. _ 1Ri.""'" 1/11 ,/ 1 j . J , 4... . t ' ,; 1) '5 .) J ì 1) ,,~ "';.. c) 9" '\ . . '. ,_.", ~ ~ ¡r,.. ¡:-.' · -~ j · .,:1.) g .~} -:' .;t. ð 9 "'. , ' j' ¡If':;; >/'\~ ~;, , _ '. It.'..'" .. .,'~" oil.. ¿'.JJ' . ", ~ l' . I r 1 j ! \ / , ==-___....: .. . ~. . .. . . . øY , it,;., C'...;" '! It., ~ J "IT VPr:·jt'"....PtT..Jr{f1r'!rr.pr~r ('i" .r' ',c ,. . r,.r"¡'í",r,.n II. I" ¡-.~'I'~¡rlql\',' .'"1¡ . I'.r .n I ,·.'.r 1 oj ~' -- ' --_..~-- 16J ~n SCHEDULE B Customer shall pay DMT the following amount upon receipt of invoice for service(s): xx ServiceWorks Technical Support: Prepaid, discounted blocks of hours for on-call support from highly trained Pitney Bowes Customer Service Representatives (CSR). Help customers get the expert service they need at a cost that fits their budget. Coverage: 50 hours on call response Included as part of lease payment Fee: $10,000 yr $833.33 mo. Additional coverage available in 10 hour blocks of time Fee: $2,000 .J:; j, ~ I ~ . 1 (.. f ì ¡ 1: :\:'t ; J . . . ... \t... ,.J " :t'¡;,J a :- '~ t~¡ .)..... .. ..01' \ ì ') . . .~ ',., ~ ' > . .... _ __ _ J. .:01)-'1 ð.,id .... V lID 'i "I. ¡ ì ; " It: ! '" ,,~,") ¡ òt .:J;).I . ~. . .+' ~ 6 V ~." ; I \ _..:3 0];.... J . .. . . . ,.. IT o. ~. tf_ J >tI "II ' . ""tíJ Jr' ,'- "',"1" .~ f~,r/~)(" 1".('1"'11'" .' T~r. '1"/ ,I) '!/) ,r .pr~·'. In\,r .:'1 I'!' 1(1'( , i0032389 I -___-4 .....-,._~-'- 17C ..... .,.1 " ,.11 ~. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ..--....~ fo: Clerk to the Board: Pleas~þlace the following as a: Normal legal Advertisement//' ~~.J Other: (Display Adv" location, etc,) .**********************************************************.*********~*~*************************7***** Originating Dept! Div: Comm,Dev,Serv.lPlanning Person: V ~ I~ l Date: ./, ('2rfOb Petition No, (If none, give brief description): SE-05-AR-8029? Petitioner: (Name & Address): Ray Bellows, AICP, Zoning Manager, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Fla, 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) ATT: Margaret Perry, AICP, WilsonMiller, Inc" 3200 Bailey Lane, Suite 200, Naples, Florida 34105 Hearing before BCC --X- BZA Other Requested Hearing date: October 25. 2005 Based on advertisement appearing !2.. days before hearing, Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Olher o Legally Required Proposed Text: (Include le!!al description & common location & Size): SE-2005-AR-8029 (RB) A resolution amending Resolution No. 05-235, The Town of Ave Maria Development of Regional Impact (DRI) to correct a scrivener's error resulting from an incorrect legal description in the transmittal copy of the adopted resolution for the property located on the north side of Oil Well Road, the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846), The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47 South, Range 29 East. Does Petition Fee include advertising cost? XX Yes 0 113-138312-649110 Reviewed by: ~~ /Division Head No If Yes, what account should be charged for advertising costs: CJ Æ:3> ja I I Date Approved by: r- County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, ********************************************************************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received:9 -30-0'-) Date of Public hearing: \0 -Z5"-OS- Date Advertised:)D -q - 0 S- .&. .............I.'"'...~~. "1..1.1.1.'-' Assistant County Attorney "l1li111 :\ 1 7 C't . RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 05-235 TO CORRECT A SCRIVENER'S ERROR DUE TO OMMISSION OF AN INTENDED REVISION TO EXHffiIT "A," THE LEGAL DESCRIPTION FOR THE TOWN OF A VE MARIA DEVELOPMENT OF REGIONAL IMP ACT (DRI). WHEREAS, the Collier County Board of County Commissioners adopted Resolution Number 05-235 on June 14,2005, and; WHEREAS, following said action adopting Resolution Number 05-235, Planning Staff determined that the Resolution did not contain the correct legal description that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO EXHffiIT "A," THE LEGAL DESCRIPTION, The legal description of Resolution Number 05-235 is hereby amended to correct a scrivener's error by amending said legal description to read as follows: (See Exhibit "A") BE IT RESOLVED that this Resolution relating to Petition Number SE-2005-AR-8029 be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote, Done this day of ,2005, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and ~~ Patrick G, White Assistant County Attorney SE-2005-AR-8029/RB/sp Words struck through are deleted; words underlined are added. Page 1 of 1 Appendix A -, c'o('('€c.+ Legð-\l zt 5rO;;J..C,·Q3 A¿~'-: AVE MARIA LEGAL DESCRIPTION DESCRIPTION OF PART OF SECTIONS 4 THROUGH 9AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH. RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16: ,r THENCE NORTH 01°04'07" WEST 150,00 FEETTOA POINT ON A LINE LYING 100 FEET NORTH OF. AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY) SAID PdÍNT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID LINE SOUTH 88°57'06" WEST 354,33 FEET; THENCE LEAVING SAID LINE NORTH 01 °07'23" WEST 200,01 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL ROAD: THENCE ALONG SAID LINE SOUTH 88°57'05" WEST 2,215.48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88°55'37" WEST 1,128,15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89°32'56" WEST 1286.63FEET; THENCE LEAVING SAID LINE NORTH 00°27'04" WEST 1,089.55 FEET; THENCE SOUTH 89°32'56" WEST 242.19 FEET: THENCE SOUTH 89°24'19" WEST 3977,40 FEET; THENCE NORTH 00°01'40" EAST 1280,68 FEET: THENCE NORTH 90°00'00" EAST 1125,68 FEET; THENCE NORTH 00°19'38" WEST 520.46 FEET; THENCE NORTH 09°27'58" EAST 38,31 FEET; THENCE NORTH 14°56'15" EAST 32,59 FEET: THENCE NORTH 59°02'49" EAST 24,49 FEET; THENCE NORTH 68°12'25" EAST 33,93 FEET; THENCE NORTH 73°08'54" EAST 72.42 FEET: THENCE NORTH 69°14'09" EAST 65,14 FEET; THENCE NORTH 61°11'58" EAST 47.93 FEET; THENCE NORTH 56°44'10" EAST 80,38 FEET: THENCE NORTH 54°18'17" EAST 82,75 FEET: THENCE NORTH 51°34'19" EAST 552,31 FEET: THENCE NORTH 12°32'03" EAST 52,12 FEET: THENCE NORTH 16°41'34" WEST 780,99 FEET; THENCE NORTH 38°40'18" WEST 48.27 FEET; THENCE NORTH 55°58'45" WEST 175,13 FEET: THENCE NORTH 78°14'12" WEST 46,21 FEET: THENCE SOUTH 86°41'17" WEST 358,77 FEET; THENCE NORTH 43°16'35" WEST 44,00 FEET; THENCE NORTH 01°28'53" WEST 584,34 FEET; THENCE NORTH 88°45'30" EAST 2,256,99 FEET: THENCE NORTH 11°31'40" WEST 679,82 FEET: THENCE NORTH 29°57'19" EAST 43,24 FEET; THENCE NORTH 80°03'11" EAST 750,96 FEET: THENCE NORTH 82°05'14" EAST 23,32 FEET; THENCE NORTH 08°45'48" WEST 831,15 FEET: THENCE 82,76 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128,55 FEET THROUGH A CENTRAL ANGLE OF 36°53'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23°30'23" EAST 81,34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149,95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST, HAVING A RADIUS OF 2.15,80 FEET THROUGH A CENTRAL ANGLE OF 39°48'43" SUBTENDED BY A CHORD WHICH BEARS NORTH 22°02'31'" EAST 146,95 FEET; THENCE NORTH 02°08'16" EAST 434.86 FEET: SE-2005-AR-8029 PROJECT #2004070044 DATE: 7/18/05 RAY BELLOWS Appendix A Tnwn Plan ,.- ..;,... 17~' THENCE NORTH 38°40'13" EAST 124,61 FEET; THENCE NORTH 23°55'58" EAST 503,82 FEET; THENCE NORTH 89° 19'06" EAST 272,53 FEET;. THENCE NORTH 81°10'42" EAST 718.98 FEET; THENCE NORTH 09°56'39" EAST 638,73 FEET; THENCE NORTH 73°36'58" EAST 172.46 FEET; THENCE NORTH 10°53'22" EAST 171,73 FEET; THENCE 327,51 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68°07'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39°53'35" WEST 308,56 FEET; THENCE NORTH 73°57'24" WEST 492,85 FEET; THENCE 313,21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54°05'52" AND BEING SUBTENDED BY ACHORD WHICH BEARS NORTH 90°00'00" WEST 301,71 FEET; ,-' THENCE SOUTH 62°57'04" WEST 506,32 FEET; ~ I THENCE 155,39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR_CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107,24 FEET THROUGH A CENTRAL ANGLE OF 83°01'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 2r09'30" WEST 142.15 FEET: THENCE SOUTH 14°21'16" EAST 287.88 FEET; THENCE 341,14 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 168,89 FEET THROUGH A CENTRAL ANGLE OF 115°44'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29°11 '23" WEST 286,03 FEET; THENCE SOUTH 8r03'24" WEST 81,50 FEET; THENCE SOUTH 19°06'00" WEST 178.46 FEET; THENCE SOUTH 73°34'35" WEST 263,81 FEET; THENCE SOUTH 33°42'00" WEST 81.86 FEET; THENCE SOUTH 51 °52'05" WEST 1 ,402,28 FEET; THENCE 219,21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 151,50 FEET THROUGH A CENTRAL ANGLE OF 82°54'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°50'28" WEST 200,58 FEET; THENCE SOUTH 18°36'35" EAST 1,047,10 FEET; THENCE 196,86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 170,73 FEET THROUGH A CENTRAL ANGLE OF 66°04'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48°32'34" EAST 186,14 FEET; THENCE SOUTH 81°34'34" EAST 177,10 FEET; THENCE SOUTH 14°02'28" EAST 106,97 FEET; THENCE SOUTH 15°53'24" WEST 33,42 FEET; THENCE SOUTH 72°18'08" WEST 1325,01 FEET; THENCE NORTH 16°22'40" WEST 868,64 FEET; THENCE NORTH 16°02'21" WEST 1,001,63 FEET: THENCE NORTH 15°43'23" WEST 808,63 FEET; THENCE NORTH 14°29'42" WEST 215,30 FEET; THENCE NORTH 02°51'21" WEST 51,77 FEET: THENCE NORTH 3r59'19" EAST 51,77 FEET; THE1;JCE NORTH 58°24'39" EAST 660.90 FEET; THENCE NORTH 56°56'25" EAST 865,77 FEET; THENCE NORTH 62°27'21" EAST 303,89 FEET; THENCE NORTH 58°11'43" EAST 148,88 FEET: THENCE NORTH 66°27'20" EAST 99,67 FEET; THENCE NORTH 79°59'44" EAST 60,67 FEET; THENCE NORTH 18°39'40" EAST 212,96 FEET: THENCE NORTH 13°26'09" EAST 80,67 FEET; THENCE NORTH 04°05'14" EAST 65,75 FEET; THENCE NORTH 00°47'28" EAST 593,12 FEET; THENCE NORTH 05°29'40" EAST 61,18 FEET: THENCE NORTH 20°17'22" EAST 57.43 FEET: THENCE NORTH 51°55'17" EAST 55,07 FEET; THENCE SOUTH 84°48'27" EAST 51,76 FEET: THENCE SOUTH 67"53'53" EAST 40.46 FEET: THENCE SOUTH 53°37'33" EAST 55,29 FEET: Appendix t To\, n Plan '"' ..- THENCE SOUTH 55°37'37" EAST 158.19 FEET; THENCE SOUTH 66°28'32" EAST 79.22 FEET; THENCE SOUTH 81°19'48" EAST 69.92 FEET; THENCE NORTH 80°53'08" EAST 96,10 FEET; THENCE NORTH 83°09'35" EAST 88.49 FEET; THENCE SOUTH 75°58'08" EAST 57,96 FEET; THENCE SOUTH 45'44'09" EAST 65.43 FEET; THENCE SOUTH 23'12'23" EAST 107,03 FEET; THENCE SOUTH 31°09'29" EAST 124,53 FEET; THENCE SOUTH 36°28'03" EAST 195,13 FEET; THENCE SOUTH 41'49'01" EAST 193,27 FEET; THENCE SOUTH 41'27'57" EAST 187,53 FEET; THENCE SOUTH 50°06'28" EAST 177.12 FEET; THENCE NORTH 86°06'03" EAST 103.33 FEET; THENCE NORTH 82°07'11" EAST 76,87 FEET; THENCE NORTH 58'49'02" EAST 61,16 FEET; THENCE NORTH 41'11'10" EAST 266,09 FEET; THENCE NORTH 43'45'15" EAST 203,61 FEET; THENCE NORTH 63'26'06" EAST 230.87 FEET; THENCE NORTH 55°12'54" EAST 17,74 FEET; THENCE NORTH 06'58'17" WEST 40,07 FEET; THENCE NORTH 60'20'46" EAST 94,06 FEET; THENCE NORTH 14'42'46" EAST 42,02 FEET; THENCE NORTH 52°22'08" EAST 29,10 FEET; THENCE NORTH 05'13'18" EAST 37.01 FEET; THENCE NORTH 07'13'16" WEST 185.10 FEET; THENCE NORTH 08°55'50" WEST 66.36 FEET; THENCE NORTH 08'35'26" WEST 70,11 FEET; THENCE NORTH 03°30'28" EAST 24,24 FEET; THENCE NORTH 09'22'28" EAST 32,62 FEET; THENCE NORTH 32·03'11" EAST 61,35 FEET; THENCE NORTH 41'59'52" EAST 54.16 FEET; THENCE NORTH 46°38'59" EAST 44,15 FEET; THENCE NORTH 40·19'34" EAST 80.40 FEET; THENCE NORTH 39°30'46" EAST 42.43 FEET; THENCE NORTH 52°07'39" EAST 71,16 FEET; THENCE NORTH 60'17'11" EAST 55,95 FEET; THENCE NORTH 68'43'34" EAST 63,02 FEET; THENCE NORTH 86·12'19" EAST 41,51 FEET; THENCE SOUTH 75'32'58" EAST 74,98 FEET; THENCE NORTH 78'55'50" EAST 42,97 FEET; THENCE NORTH 69·31'07" EAST 36,80 FEET: THENCE NORTH 75'37'20" EAST 34,34 FEET; THENCE SOUTH 72'08'39" EAST 57,43 FEET; THEt:JCE SOUTH 56'52'50" EAST 70,22 FEET: THENCE SOUTH 56·52'18" EAST 99,31 FEET; THENCE SOUTH 70'35'59" EAST 56.76 FEET; THENCE SOUTH 85°12'15" EAST 70,23 FEET; THENCE NORTH 85'47'37" EAST 52,90 FEET; THENCE NORTH 77'16'18" EAST 51,33 FEET; THENCE NORTH 64 ·20'23" EAST 9,49 FEET; THENCE NORTH 23'58'25" EAST 60.47 FEET; THENCE NORTH 39'27'42" EAST 136,06 FEET; THENCE NORTH 18'12'03" EAST 123,70 FEET; THENCE NORTH 16°26'30" WEST 137,54 FEET: THENCE NORTH 45·55'34" WEST 133,51 FEET; THENCE NORTH 84°43'21" WEST 101.26 FEET; THENCE SOUTH 87"06'53" WEST 375,05 FEET; THENCE SOUTH 86°31 '55" WEST 296,36 FEET; THENCE NORTH 02'29'11" WEST 25,06 FEET; L -. 1 7 -C-::c'· ;" J~' Appendix /- Town Plan THENCE SOUTH 85°19'00" WEST 63.79 FEET; THENCE SOUTH 87"01'35" WEST 57,73 FEET; THENCE NORTH 85°14'11" WEST 27.05 FEET; THENCE NORTH 86°11'09" WEST 22,51 FEET; THENCE NORTH 71 °01 '47" WEST 25,34 FEET; THENCE NORTH 74°57'44" WEST 25,97 FEET; THENCE NORTH 80°42'24" WEST 41,73 FEET; THENCE NORTH 77"00'19" WEST 49,95 FEET; THENCE NORTH 78°26'56" WEST 104,70 FEET; THENCE NORTH 78°45'16" WEST 195,82 FEET; THENCE NORTH 79°21'51" WEST 81.14 FEET; THENCE NORTH 76°30'15" WEST 38,50 FEET; THENCE NORTH 70°33'36" WEST 13,50 FEET; THENCE NORTH 53°58'21" WEST 10,18 FEET; THENCE NORTH 53°58'22" WEST 10,18 FEET; THENCE NORTH 43°09'08" WEST 16,42 FEET; THENCE NORTH 34°52'31" WEST 30.12 FEET; THENCE NORTH 37"08'48" WEST 31,00 FEET; THENCE NORTH 45°00'00" WEST 37,06 FEET; THENCE NORTH 43°28'45" WEST 29,92 FEET; THENCE NORTH 52°29'45" WEST 40,59 FEET; THENCE NORTH 53°28'16" WEST 25,16 FEET; THENCE NORTH 69°51'49" WEST 23,93 FEET; THENCE NORTH 72°53'50" WEST 40,74 FEET; THENCE NORTH 74°38'02" WEST 101.72 FEET; THENCE NORTH 76°25'14" WEST 79,73 FEET; THENCE NORTH 73°50'34" WEST 83.41 FEET; THENCE NORTH 77°16'32" WEST 71,39 FEET; THENCE NORTH 70°44'15" WEST 32,62 FEET; THENCE NORTH 75°44'50" WEST 240.26 FEET; THENCE SOUTH 76°22'29" WEST 54,20 FEET; THENCE NORTH 75°46'41" WEST 12,81 FEET; THENCE NORTH 78°06'45" WEST 243,02 FEET; THENCE SOUTH 87°32'28" WEST 438.43 FEET; THENCE SOUTH 86°36'21" WEST 1,109,58 FEET; THENCE NORTH 77°00'11" WEST 142,86 FEET; THENCE SOUTH 17°30'03" WEST 10,94 FEET; THENCE SOUTH 21 °30'05" EAST 36,63 FEET; THENCE SOUTH 30°57'50" WEST 6,02 FEET; THENCE NORTH 73°10'43" WEST 139,18 FEET; THENCE NORTH 11 °46'06" WEST 25,32 FEET; THENCE NORTH 05°42'38" WEST 20.76 FEET; THENCE NORTH 04°23'55" WEST 13.47 FEET; THENCE NORTH 50° 11 '40" WEST 8,07 FEET; THE~CE NORTH 83°59'28" WEST 19,73 FEET; THENCE NORTH 84°57'27" WEST 35.25 FEET; THENCE NORTH 83°49'48" WEST 38.44 FEET; THENCE NORTH 80°44'23" WEST 96,27 FEET; THENCE NORTH 79°48'04" WEST 449,12 FEET; THENCE NORTH 7T49'S7" WEST 284.20 FEET; THENCE NORTH 83°39'35" WEST 93,52 FEET; THENCE NORTH 87"39'46" WEST 101,30 FEET; THENCE NORTH 84 °:5'40" WEST 85,09 FEET; THENCE NORTH 7T28'16" WEST 95,22 FEET THENCE NORTH 77°23'45" WEST 17038 FEET THENCE NORTH 75°57'50" WEST 76,65 FEET THENCE NORTH 69'26'38" WEST 35,30 FEET THENCE NORTH 69°46'31" WEST 41 ,82 FEET THENCE NORTH ..18'.18'50" WEST 43,91 FEET THENCE NORTH J6'~,r43" WEST 134.40 FEET -'-'- "-~--- -_. 17 -~. _ f~-~ . " I ,/ Appendix A ".--"".---,.~.-~-- --'.--- TO'vvn DIJ n THENCE NORTH 43°58'24" WEST 611,34 FEET; THENCE NORTH 45°00'00" WEST 338,85 FEET; THENCE NORTH 44°41'45" WEST 412,62 FEET; THENCE NORTH 43°26'06" WEST 267,38 FEET; THENCE NORTH 46°27'29" WEST 200,89 FEET; THENCE NORTH 66°02'14" EAST 12,72 FEET: THENCE NORTH 81°52'12" EAST 18,83 FEET; THENCE NORTH 03°20'45" EAST 73.83 FEET; THENCE SOUTH 85°25'42" WEST 6.48 FEET; THENCE NORTH 90°00'00" WEST 10,84 FEET; THENCE SOUTH 70°27'48" WEST 16,99 FEET; THENCE SOUTH 56°18'36" WEST 14.89 FEET; THENCE SOUTH 75°57'49" WEST 17.03 FEET: THENCE SOUTH 87"16'25" WEST 10,86 FEET; THENCE NORTH 59°20'58" WEST 16,21 FEET; THENCE NORTH 35°32'16" WEST 17,77 FEET; THENCE NORTH 26°33'54" WEST 17,32 FEET; THENCE NORTH 16°11'21" WEST 16,67 FEET; THENCE NORTH 01°52'04" WEST 47,53 FEET; THENCE NORTH 00°05'16" WEST 336,69 FEET: THENCE NORTH 00°29'38" WEST 299,52 FEET: THENCE NORTH 00°56'29" WEST 220,01 FEET; THENCE NORTH 00°52'19" EAST 237,57 FEET: THENCE NORTH 00°46'52" WEST 113,62 FEET: THENCE NORTH 00°00'00" EAST 13.43 FEET: THENCE NORTH 14°02'10" EAST 8,52 FEET; THENCE NORTH 45°00'00" EAST 5,84 FEET; THENCE NORTH 71°33'54" EAST 9,80 FEET; THENCE NORTH 82°24'19" EAST 15,63 FEET; THENCE SOUTH 89°12'02" EAST 222,07 FEET; THENCE SOUTH 86°36'31" EAST 69,83 FEET; THENCE SOUTH 82°38'52" EAST 32,28 FEET: THENCE SOUTH 70°49'16" EAST 25,15 FEET; THENCE SOUTH 60°38'32" EAST 18,96 FEET: THENCE SOUTH 62"44'41" EAST 38,34 FEET: THENCE SOUTH 73°08'30" EAST 35,61 FEET; THENCE SOUTH 87"42'34" EAST 25,84 FEET: THENCE NORTH 86°18'31" EAST 32.08 FEET: THENCE NORTH 74°58'54" EAST '+3,84 FEET: THENCE NORTH 66"16'18" EAST 51,33 FEET: THENCE NORTH 56°01 '25" EAST 5729 FEET: THENCE NORTH 52°34'43" EAST 171,66 FEET: THENCE NORTH 43°53'54" EAST 75,96 FEET: THENCE NORTH 36°37'17" EAST 4761 FEET: THENCE NORTH 35°'+8'12" EAST 77,68 FEET. THENCE NORTH 30°21 '29" EAST 83.78 FEET: THENCE NORTH 22°37'12" EAST 67,13 FEET: THENCE NORTH 13°36'02" EAST 32,94 FEET: THENCE NORTH 14°28'13" EAST66,13 FEET: THENCE NORTH 10°5/15" EAST 65,22 FEET: THENCE NORTH 11" 18'36" El\ST 2106 FEET: THENCE NORTH 16°4158" EAST 10.78 FEET: THENCE NORTH '+5°00'00" EAST 10,22 FEET: THENCE NORTH 58c23'33" EAST 15,76 FEET: THENCE t'JORTH 64°3914' EAST 2U1 FEET: THENCE NORTH òì'J.T.!..7" EAST 163.98 FEET: THENCE NORTH 64"59'39' E,ti,ST 16125 FEET THENCE ~JORTH '36 '::::::::::'14' E,ti,ST 18.0'+ FEET THENCE ~¡OR:H -:-;::'53'50" :::,<\ST :::8. ¡ü FEE: THENCE ~'O;:;;::-i ~"JG':J::'O =,':"ST : 4 46 FEE: l(G. .~ ,,' Apper:ClIX ¡.::. To' ~','i-' -J ~;:: - ",,, - - s ";". '. THENCE NORTH 88°18'55" EAST 35.13 FEET; THENCE SOUTH 88°36'1 Oft EAST 42,36 FEET; THENCE NORTH 90000'00ft EAST 28.92 FEET; THENCE SOUTH 82°45'4r EAST 16.40 FEET; THENCE SOUTH 61°55'39" EAST 17,73 FEET; THENCE NORTH 69°34'35ft EAST 118,02 FEET; THENCE NORTH 81°56'55ft EAST 17.06 FEET; THENCE NORTH 86°43'15" EAST 124,39 FEET; THENCE NORTH 13°46'19" WEST 328,58 FEET; THENCE NORTH 70048'Or EAST 76.21 FEET; THENCE NORTH 54°29'06" EAST 37,97 FEET; THENCE NORTH 21°53'45ft WEST 54.48 FEET; THENCE NORTH 70°47'14" EAST 77,55 FEET; THENCE NORTH 71°02'31ft EAST 35,61 FEET: THENCE NORTH 72°16'21" EAST 131,70 FEET; THENCE NORTH 72°04'43" EAST 126,98 FEET; THENCE NORTH 73°13'18ft EAST 106,86 FEET: THENCE NORTH 71°11'1r EAST 74,14 FEET; THENCE NORTH 68°33'08" EAST 30,93 FEET; THENCE NORTH 71 °33'54ft EAST 17,88 FEET; THENCE NORTH 81°15'14ft EAST 13,52 FEET; THENCE SOUTH 83°05'20ft EAST 17,09 FEET; THENCE SOUTH 47°43'35ft EAST 15,29 FEET; THENCE SOUTH 37°20'58" EAST 24,58 FEET; THENCE SOUTH 16°38'20" EAST 46,68 FEET; THENCE SOUTH 24°10'17" EAST 35.78 FEET; THENCE SOUTH 21 °52'45ft EAST 70,36 FEET; THENCE SOUTH 34 °33'45" EAST 28,09 FEET; THENCE SOUTH 47°26'12ft EAST 34,20 FEET; THENCE SOUTH 52°25'S3" EAST 8,43 FEET; THENCE SOUTH 71°33'54" EAST 9,75 FEET; THENCE SOUTH 85°01 '49ft EAST 11,87 FEET; THENCE SOUTH 8r08'15" EAST 20,S9 FEET; THENCE SOUTH 88°25'SO" EAST 37,54 FEET: THENCE NORTH 87°33'48" EAST 48,37 FEET; THENCE SOUTH 89°35'00" EAST 141,38 FEET; THENCE NORTH 89°06'34" EAST 99.23 FEET; THENCE NORTH 84°31'S1" EAST 48,S5 FEET; THENCE NORTH 82°20'00" EAST 26,97 FEET; THENCE NORTH 79°46'40" EAST 31,87 FEET; THENCE NORTH 76°27'S1" EAST 28,56 FEET; THENCE NORTH 70°23'45" EAST 39,84 FEET; THENCE NORTH 70°48'11" EAST 134.46 FEET; THENCE NORTH 70°37'19" EAST 79,02 FEET; THENCE NORTH 66°32'28" EAST 29.70 FEET; THENCE NORTH Sr49'44" EAST 37,66 FEET; THENCE NORTH 53°21'57" EAST 74,96 FEET: THENCE NORTH S4°24'S9" EAST 148,87 FEET: THENCE NORTH S0050'35" EAST 203,54 FEET: THENCE NORTH 48°43'S3" EAST 33,52 FEET; THENCE NORTH 32°23'S2" EAST 31,67 FEET; THENCE 334,86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70°24'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06°2S'03" WEST 314.18 FEET; THENCE NORTH 41 °37'27" WEST 133,18 FEET: THENCE 184,60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573,36 FEET THROUGH CENTRAL ANGLE OF 18°26'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 500S0'S2" WEST 183,80 FEET: THENCE NORTH 60°04'16" WEST 149,32 FEET: THENCE 44,34 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING 17C3. /r' ,I Appenoix A Town P!3n / A RADIUS OF 29,99 FEET THROUGH A CENTRAL ANGLE OF 84°41 '37" AND BEING SUBTENDED BY A CHORD _ -, WHICH BEARS NORTH 17°43'30· WEST 40.41 FEET; THENCE NORTH 24 °37'19" EAST 671,69 FEET; THENCE NORTH 23°58'37" EAST 211,35 FEET; THENCE NORTH 27°45'05" EAST 100,63 FEET: THENCE NORTH 34°51'48" EAST 129,90 FEET: THENCE NORTH 36°14'23" EAST 119,58 FEET; THENCE NORTH 39°15'14" EAST 61.92 FEET; THENCE NORTH 30°37'48" EAST 96,80 FEET; THENCE NORTH 31°09'42" EAST 136,09 FEET: THENCE NORTH 31°57'25" EAST 103,02 FEET; THENCE NORTH 32°39'03" EAST 134,08 FEET: THENCE NORTH 28°32'24" EAST 53,34 FEET; THENCE NORTH 31°15'49" EAST 35.90 FEET; THENCE NORTH 36°52'12" EAST 24,66 FEET: THENCE NORTH 53°49'13" EAST 22,74 FEET; THENCE NORTH 59°30'01" EAST 46.43 FEET; THENCE NORTH 58°16'35" EAST 70.87 FEET: THENCE NORTH 46°49'06" EAST 48.85 FEET; THENCE NORTH 34°36'20" EAST 66,58 FEET: THENCE NORTH 36°23'58" EAST 266,89 FEET: THENCE NORTH 35°28'00" EAST 51,47 FEET; THENCE NORTH 24°13'40" EAST 48.08 FEET: THENCE NORTH 20°29'50" EAST 62,60 FEET; THENCE NORTH 1 r32'36" EAST 44,54 FEET: THENCE NORTH 11 °02'07" EAST 134,56 FEET; THENCE NORTH 09°20'41" EAST 65,81 FEET: THENCE NORTH 08°49'13" EAST 32,16 FEET; THENCE NORTH 02°07'16" WEST 14,81 FEET: THENCE NORTH 19°58'59" WEST 12,83 FEET; THENCE NORTH 29°55'53" WEST 20.87 FEET: THENCE NORTH 45°00'00" WEST 56,96 FEET: THENCE NORTH 48°51 '56" WEST 57.48 FEET; THENCE NORTH 42°38'48" WEST 28,31 FEET; THENCE NORTH 38°47'48" WEST 35,86 FEET; THENCE NORTH 43°25'04" WEST 39,03 FEET: THENCE NORTH 36°22'11" EAST 30.93 FEET: THENCE NORTH 23°54'19" EAST 139,67 FEET; THENCE SOUTH 66°53'26" EAST 241.46 FEET: THENCE SOUTH 64°45'28" EAST 263.29 FEET; THENCE SOUTH 71°18'47" EAST 57,07 FEET: THENCE SOUTH 85°07'33" EAST 50.51 FEET; THENCE NORTH 81 °05'07" EAST 75,18 FEET; THENCE NORTH 81°43'21" EAST 63,88 FEET; THENCE NORTH 84°57'08" EAST 36,24 FEET: THEN'CE SOUTH 86°25'39" EAST 63,61 FEET; THENCE SOUTH 81°31'21" EAST 262.28 FEET; THENCE SOUTH 88°08'03" EAST 273,99 FEET; THENCE NORTH 80°58'13" EAST 327,79 FEET; THENCE NORTH 6r50'56" EAST 252.22 FEET; THENCE NORTH 81°02'01" EAST 819,65 FEET; THENCE NORTH 81°42'41" EAST 310,84 FEET; THENCE SOUTH 65°34'43" EAST 80,72 FEET: THENCE NORTH 89°59'47" EAST 219,16 FEET; THENCE NORTH 82°42'28" EAST 41,19 FEET; THENCE NORTH 58°02'38" EAST 138,72 FEET; THENCE NORTH 41°09'18" EAST 91,38 FEET: THENCE NORTH 73°57'36" EAST 83,05 FEET; THENCE NORTH 84°51'58" EAST 305,34 FEET; THENCE NORTH 86°38'43" EAST 343,90 FEET; --=~. '- 17C '. ..;~ W";: ,'" ,,, Þ.ppendix A J TC vn ::JI,'i1l .., .,.... THENCE NORTH 8JD28'42" EAST 503,72 FEET; THENCE NORTH 88°46'01" EAST 328,07 FEET; THENCE NORTH 3JD30'20" EAST 357,69 FEET; THENCE NORTH 15°32'08" EAST 149,51 FEET; THENCE NORTH 86°55'36" EAST 261.44 FEET; THENCE NORTH 72°53'31" EAST 576,59 FEET; THENCE NORTH 50°45'14" EAST 202.55 FEET; THENCE NORTH 8JD14'14" EAST 314,60 FEET; THENCE SOUTH 76°38'32" EAST 143,08 FEET; THENCE NORTH 89°49'43" EAST 1 ,054,71 FEET; THENCE SOUTH 75°20'32" EAST 42,85 FEET; THENCE SOUTH 41°43'41" EAST 38,04 FEET; THENCE SOUTH 59°44'48" EAST 101,86 FEET; THENCE SOUTH 82°56'38" EAST 71.89 FEET; THENCE NORTH 76°31 '27" EAST 68,87 FEET; THENCE NORTH 60°32'45" EAST 175,39 FEET; THENCE NORTH 78°18'10" EAST 41,23 FEET; THENCE NORTH 89°28'30" EAST 480.22 FEET; THENCE NORTH 82°52'57" EAST 82.50 FEET; THENCE NORTH 59°26'48" EAST 47,53 FEET; THENCE NORTH 77°36'27" EAST 12,36 FEET; THENCE SOUTH 70°55'29" EAST 16.45 FEET; THENCE SOUTH 47°41'12" EAST 748,88 FEET; THENCE SOUTH 34°06'49" EAST 46,63 FEET; THENCE SOUTH 14°16'24" EAST 615,15 FEET; THENCE NORTH 85°59'44" EAST 160,53 FEET; THENCE NORTH 47"06'44" EAST 110,60 FEET; THENCE NORTH 29°11'18" EAST 460,96 FEET; THENCE NORTH 13°56'57" EAST 209,85 FEET: THENCE NORTH 76"19'41" EAST 160,84 FEET: THENCE NORTH 61°43'54" EAST 107,89 FEET: THENCE NORTH 18°58'36" EAST 69,73 FEET: THENCE NORTH 01 °36'49" WEST 341.03 FEET: THENCE NORTH 89°06'53" EAST 584.42 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°14'32" EAST 45,99 FEET: THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05°51 '27" WEST 224,83 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 95,78 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,79814 FEET THROUGH A CENTRAL ANGLE OF 01°26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°04'45" WEST 95.78 FEET: THENCE LE.A.VING SAID RIGHT-OF-WAY LINE SOUTH 26°31'54" 'NEST 759,71 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF ~\ND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE SOUTH 00°14'33" EAST 1,537,82 FEET: THENCE CONTINUING ALONG SAID LINE SOUTH 00°22'10" EAST 2,34787 FEET: THENCE LE!\VING SÞ,ID LINE NORTH 89°29'01" E,A,ST 330,00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID Cr\i'v1P KEf AS ROAD (80 FOOT RIGHT,OF-WAY); THENCE ,A,LCNG SAID RIGHT-OF-WAY LINE SOUTH 00°22'10" Ef\ST 200,00 FEET: THENCE LEAVING SAID RIGHT-OF,WAY LINE SOUTH 89°29'01" 'iVEST 330,00 FEET TO A POINT ON A LINE LYING 330 FEET WEST CF'\ND PARALLEL WITH THE '-.VEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD: THENCE ALONG SAiD LINE FOR THE FOLLOWING~) COURSES. 1, SOUTH 00'2210 EAST 62,31 FEET: 2. SOUTH OO'::;O';ì EAST 2,67423 FEET 3, SOUTH 00 '35'3 ~.. :=/\ST 2,68453 FEET. 4, SOUTH 00C:::8'11' EAST 2,610.24 FEET 5, SOUTH 0030':: -i :=,'\ST 199.67 FEET 6, 227,68 FEET .·~LCNG THE ARC OF!\ CiRCULAR Cc..'R\!E COf\JC,WE E,A,ST HAVING A RADIUS OF 3,032,95 FEET THROUGH CE:-JT::\,:'L\NGLE OF 04° 18'O,,¡" ,\NO 5E'JG -3UBTENOED BY A CHORD WHICH BEARS SOUTH 02°39'36' EAST 227,63 é:'=::: 7, SOUTH C-+ -C.') ,::' :,'\ST~OO.93 FE::::- 8, SOUTH l'~' 'C,' -:. ,3- "3 '::3 FE::: --".,. 17G-,... ,r .1 "ooen rll ,. ' ,~ I l. j /\ ,-. I , -:-0 Ii\!!' .~! '.' <:I ~- 9., SOUTH 00°29'16" EAST 1672,20 FEET: THENCE LEAVING SAID LINE SOUTH 89°04'49" WEST 604,79 FEET; THENCE NORTH 4r03'54" WEST 98,67 FEET: THENCE SOUTH 52°55'08" WEST 87.29 FEET; THENCE SOUTH 06°39'26" WEST 1 02,55 FEET: THENCE SOUTH 71°24'17" WEST 367,36 FEET; THENCE NORTH 19°54'41" WEST 104,73 FEET; THENCE NORTH 43°05'38" WEST 251.09 FEET; THENCE NORTH 11°04'29" EAST 79,58 FEET; THENCE NORTH 05°51'31" WEST 66,56 FEET; THENCE NORTH 48°52'26" WEST 332.24 FEET; THENCE NORTH 74°56'35" WEST 80,29 FEET; THENCE SOUTH 74°58'06" WEST 235,65 FEET; THENCE SOUTH 51°40'42" WEST 93,09 FEET; THENCE SOUTH 21 °53'05" WEST 241,50 FEET; THENCE SOUTH 7r21'09" WEST 341,17 FEET; THENCE SOUTH 60°48'05" WEST 79.49 FEET; THENCE NORTH 88°09'54" WEST 265,68 FEET; THENCE SOUTH 89°36'53" WEST 1 ,996.43 FEET; THENCE 77.48 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1415,00 FEET THROUGH A CENTRAL ANGLE OF 03°08'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°11 '35" EAST 77.47 FEET; THENCE SOUTH 00°38'28" EAST 84,34 FEET; THENCE NORTH 90°00'00" WEST 71,80 FEET; THENCE SOUTH 00°38'46" EAST 3,444,22 FEET; THENCE 224,04 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,721,25 FEET THROUGH A CENTRAL ANGLE OF 04 °43'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 °44'02" WEST 223,98 FEET; THENCE SOUTH 04°05'59" WEST 217,57 FEET; THENCE 153.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,277,17 FEET THROUGH A CENTRAL ANGLE OF 03°51'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°10'28" WEST 153,37 FEET; THENCE SOUTH 06°34'56" EAST 1.089,87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF þ,ND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY); THENCE ALONG SAID LINE SOUTH 88°54'34" WEST 247,15 FEET TO THE POINT OF BEGINNING. 17C .. " CONTAINING 5.026,93 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88°54'34" WEST BY: LANCE T MILLER. P,S,M, LS#5627 CERTIFICATE OF AUTHORIZATION #LB-43 REF: ,4H-125. SHEETS 1-5 DATE: AUGUST 29. 2003 REVISIONS: 1, OCTOBER 16. 2003 2, MARCH 3, 2004 3, SEPTEMBER 30, 2004 4, FEBRUARY 4, 2005 5, FEBRUARY 24. 2005 ,Appenclx .j, Town ~'I.... ¡-, co 17C . ... October 3,2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-2005-AR-8029 Dear Legals: Please advertise the above referenced petition on Sunday, October 9,2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER RESOLUTION 17C Notice is hereby given that on Tuesday, October 25, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.: A RESOLUTION AMENDING RESOLUTION NO. 05-235, THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT (DRI) TO CORRECT A SCRIVENER'S ERROR RESULTING FROM AN INCORRECT LEGAL DESCRIPTION IN THE TRANSMITTAL COPY OF THE ADOPTED RESOLUTION FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF OIL WELL ROAD, THE WEST SIDE OF CAMP KEAIS ROAD AND APPROXIMATELY 6,000 FEET SOUTH OF IMMOKALEE ROAD (CR-846). THE PROPERTY LIES WITHIN SECTIONS 4-9 & 16-18, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 31-33, TOWNSHIP 47 SOUTH, RANGE 29 EAST Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts 'Couiït'y-of-Gøl1ier ",-, \ CLERK OF THE ÙtRCqIT COURT COLLIER COUNTY~' URTÌfP. USE 3301 TAMIAMI IL EAtT , P.O. BOX 4 ~044 \, NAPLES, FLORIDA ~ß.l 0 1-3044 î~L ,i '~~:~~ / \', ( 2-A ". 17C Clerk of Courts Accountant Auditor Custodian of County Funds October 3, 2005 Margaret Perry, AICP, WilsonMiller, Inc. 3200 Bailey Lane Suite 200 Naples, Florida 34105 Re: Notice of Public Hearing to consider Petition SE-05-AR-8029 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, ~I~~T tr0~kh:D,4: it:~~~ Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us 17C October 3, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-2005-AR-8029 Dear Legals: Please advertise the above referenced petition on Sunday, October 9, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. Account # 113-138312-649110 RESOLUTION NO, 05- 17C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 05-235 TO CORRECT A SCRIVENER'S ERROR DUE TO OMISSION OF AN INTENDED REVISION TO EXHIBIT "A," THE LEGAL DESCRIPTION FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMP ACT (DRI), WHEREAS, the Collier County Board of County Commissioners adopted Resolution '" Number 05-235 on June 14,2005, and; f31 ,~ " WHEREAS, following said action adopting Resolution Number 05-235, Planni,-f determined that the Resolution did not contain the correct legal description that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO EXHIBIT "A," THE LEGAL DESCRIPTION, The legal description of Resolution Number 05-235 is hereby amended to correct a scrivener's error by amending said legal description to read as follows: (See Exhibit "A") BE IT RESOLVED that this Resolution relating to Petition Number SE-2005-AR-8029 be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote, Done this day of ,2005, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Patrick G, White Assistant County Attorney SE-2005-AR-8029/RB/sp Words struck through are deleted; words underlined are added, Page 1 of 1 Heidi R. Rockhold 17C From: Sent: To: Subject: Heidi R. Rockhold Monday, October 03, 2005 1 :00 PM Bellows, Ray SE-05-AR-8029 Hi Rav, " I am in the process of preparing the above mentioned notice jòr advertisement and have come across a spelling error in the Resolution Title. The word OMMISSION is spelled incorrectly, it should read OMISSION. I have made the changes jòr the Naples Daily News but will need an updated and corrected Resolutionjòr myfiles. !lyou have any questions, please call me.. Thank you, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold@clerk. collier}l. us) Heidi Rockhold SE-05~AR-8029 Page 1 of 1 17C ',," II Heidi R. Rockhold -~~~- From: bellows_r [RayBellows@colliergov,net] Sent: Monday, October 03,20051 :21 PM To: Heidi R. Rockhold Subject: RE: SE-05-AR-8029 Attachments: SE RESOLUTION NO,doc Heidi, I have attached an electronic copy of the revised but unsigned resolution for your records, I am forward the revised original resolution to Patrick White for his review and signature, Do you want a paper copy after the County Attorney signs the revised resolution? Ray Raymond V, Bellows, Zoning Manager Department of Zoning & Land Development Review [bellows_r] ---nOriginal Messagemn From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk,collierJl.us] Sent: Monday, October 03,2005 1:00 PM To: bellows_r Subject: SE-OS-AR-8029 Hi Ray. J am in the process of preparing the above mentioned noticefor advertisement and have come across a spelling error in the Resolution Title, The word OMMISSION is spelled incorrectly, it should read OMISSJON I have made the changesfor the Naples Daily News but will need an updated and corrected ResolutionfÒr my files , {fyou have any questions, please call me.. Thank you, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi, rockhold@clerk.collierjl,us) 10/3/2005 17C \-, - Heidi R. Rockhold From: Sent: To: Subject: Heidi R. Rockhold Tuesday, October 04, 2005 8:12 AM 'Iegals@naplesnews,com' SE-2005-AR-8029 Attachments: SE-2005-AR-8029,doc; SE-2005-AR-8029,dot Legals, Please advertise the above mentioned notice on Sunday, October 9,2005. SE- 2005-AR-8029. dSE- 2005-AR -8029.d ac (29 KB) at (28 KB) If you have any questions, please call Thank }'OU, Heidi R, Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold@clerk.collierfl· us) Heidi Rockho1d 17C Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Tuesday, October 04,20058:12 AM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: A TT2442913.txt; SE-2005-AR-8029 I~l l;..J ~1.../ L::J ATI2442913.txt (231 B) SE-200S-AR-8029 This is an automatically generated Delivery Status N()t~f¡cati()n, Your message has been succes,~fidly relayed to thefollo'wing recipients, but the reques'ted delivery status not~ficatžons may not be generated b,)l the destination, legals(ij)naples news, com Heidi Rockhold 17C'" Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, October 04, 2005 8:11 AM Heidi R. Rockhold Delivered: SE-2005-AR-8029 Attachments: SE-2005-AR-8029 r:::::-71.. ..' L::fj SE-200S-AR-8029 «SE-2005-AR-8029» Your message To: legals({~naplesnews.com 5'ubject: SE-2005-AR-8029 Sent: Tue, 4 Oct 2005 08: 11 :46 -0400 l-vas delivered to thefoll(Hving recipient(s): legals on Tue, 4 Oct 2005 08:11: 16 -0400 Heidi Rockhold SE-2005-AR-8029 Heidi R. Rockhold ,_~~~.~_~.____mw_w__.'~_~_~_.w~_'_,_~~,~~_~~w'^"'_~'~~,_,__^,~"=~"m~~_~ ,·^"_,,,~'_·_w~~,wmw"^_~w·,~ From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Tuesday, October 04,20058:17 AM To: Heidi R. Rockhold Subject: RE: SE-2005-AR-8029 OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collierJl.us] Sent: Tuesday, October 04,20058:12 AM To: legals@naplesnews.com Subject: SE-2005-AR-8029 Legals, Please advertise the above mentioned notice on Sunday, October 9,2005, «SE-2005-AR-B029. doc> > «SE-2005-AR-B029, dot» If you have any questions, please call Thank you, Heidi R, Rockhold. Minutes and Records Department 239-774-8411 (heidi, rockhold@clerkcollierjl. us) 10/4/2005 Page 1 of 1 17C :0/05/2005 08:02 233543S3G8 COLLIER <:::1'\' ZCtHHG PAGE BU01 RESOLUTION NO. 05-___-- A RESOLUTION OF THE BOARD OF COlJI'¡TI' COMMISSIONERS A.I\ŒNDTNG RESOLUTION NUMBER 05.235 TO CORRECT A SCR1VE1'<"ER'S ERROR DCE TO OMISSION OF AN INTENDED REVISION TO EXHIBIT "A," THE LEGAL DESCRIPTION FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT (DR!), WHEREAS, the Collier County Board of County Commissioners adopted Resolution Number 05-235 on June 14,2005, 311d; \VHEREAS, following said actiOr1 adopting Resolution Number 05-235, Planning Staff determined that the Resolution did not contain the cO'ITect legal dE:Scripti,on funt was oth'i:!Wise intended and made part of the public nearing and therefore constitutes II scrivener'selTor, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMM1SSJONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO EXHJBIT "A," THE LEGAL DESCRIPTION, The Jegal description of ResolutIon JSumber 05-235 is hereby ameI1ded to c,orrect a scrivener's elTOI by amending said 1egal description to rE:aÓ as follows: (See Exhibit "A") BE IT RESOLVED that this Resol~tion relating to Pehtion Nwnber SE-2005-AR-S029 be recorded in The minntes of this Board. This Resolution adopted after 1Hotio11. second and m~jority vote, Done this day of ,200S, ATTEST~ DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W, COYLE, CHAlR.J\1AN S&2QOS,^R-3()29IRB"~ Words eUu.-*E t-1\f18vgfl are deleted; words ~ ate added. Page 1 of 1 17C ,.: ",',~~i " o NAPLES DAILY NEWS Published Daily Naples, FL 34102 NOTICEROU~ENI.UTT;WN CONSIDE "...... Notlcele·fe. ~i %':~ that 0fS, ·2 95 ín the , bef 25. \ 80a droom, 3.fd Floor. str~ 8ulldlng, \ '....... ,ov.etn. -t' ~301 £as l' . '..1I.L1.NIPlesLI F ..,ard OT\ c~..~y,..omWI~:~~. =nt of a c=~or::,i nance. 'Ale A_ commence at 9:00.... .. 0.05- F AVE M I) EI,O MENT OF QIONAI. IMPACT (Dim TO CORRECT A SCRIVENER'SEItROR RE- SULTING. FROM AN IN- CORR.leT I..IQA....H,~. ES- CRIPTlON IN¡1'HiOf"TìfË ~¿t¡f4~DC~E~OLUT\ON Foil THE PROPERTY LO- CAU) ON TIiE NORTH SlOE OF OIl. WE"L ROAD. THE WEST SIDE OF CAMP KEAtS· ROAD AND APPROXIr.t\TILY 6,000 I'U1 $OU'J'WOf tMMO- KAI.I.·írIQ~II. A~"(CII.'$46. ), TtilPltPltTy \.IES WITHIN I C OMS 4-9 & ~~ÍJ\~. ~WJS~I~A~~1 ANDl£CTIONS 31-33.1 TOWI'iIStllP 47 SOUTH.' : RANGE29iAST I I co!!leS of the proposed I Orillnance are on file with tbe Cl'erk toal' labth,e Board and are av . e fOr I~on. All Inter- , esteII'. ~ "W!ted to íítteiId and be \eIlO, NOTE: All DefjØJ\S wish- Hnt. o speak 01.. on anly Iäm must 'to s- with the COUntY ad- ministrator Drior to prde- sentttlon Of the aten a Item1g.n~dfe&Sed. t'J\r~lted ~'r'mrnu'f~~ on any' 1té\1:I. '\'he selec- tion of an Individual to speak on beh4l!f of an oi:ganIutlQltor group Is enco. urao..lfreCog-1 nlUd by the Çt\a\rman. a spokesperson for ai group or OrgaJllzatlon I may be alIottèdl0 mln-, utes to speak on an! Item. persons wishing htlo have wrttten or grap c materlalllnoluded In the toard ~pack· ets must. ,submit said iM:terIàI'.a:mIt'Ilmum of 3 weeks prJòr to the re- ~1Ìe publiC hearing, In any. case. written ma- terials Intended to be Mií&kIered ÞY the Board I öa1t'<Þe submitted to the appr9P.rlate County staff II mlillmutn of sev- enday. prior to the ~I\c heanl'\Q. < All ma- =al u"d In pre.senta- tloos ÞefOre the Board I will Þec;ome.1I perma- , nent part oft\'le record, I Any. person' who decid- 1 el to a.f5i1 a decision . of the wlll·need a I record otbeproceed- \ Inos ~l'\lno thereto andthe.r.fore. may need tel ells"" that a ., verbatim record of the I proceedingS' Is made. . which record Includes I the testlìftØftY and evl- \ d.", ......ßwhlch .the appeal Is baSed- BOARD Of COUNTY COMMISSIONIRS \ CO\.; LI UCO U N TV . FlORIDA FRI!O W. COYI.£. CHAIR· I MAN K DWIGIiT J. BRoe . CLERK By: HeIdi R,.ROCkhOld. Deputy Clerk (SEAL) oct, 9 No, 1241283 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue October 9th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in :'-Iaples, in said Collier County, Florida, for a period of I year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, /J_ /f ( Signatúre of affiant) Sworn to and subscribed before me This October 9th, 2005 ~:b j7 / . ~ 1ÎÁ--Í-MÚ~7 (Signature of notary P.UbliC) . riomell BiJslìClì9 ," , < it Ü¡Yi(46ß9·~?\V· . ' ;, '. 0fìrr: ~·l ~ t\.' !. ·'1 ( ~. , 17C MEMORANDUM Date: November 7,2005 To: Raymond V. Bellows, Planner From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005-377 SE Resolution (SE-05-AR-8029) Enclosed please find one copy of the document as referenced above, Agenda Item #17C, approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures 1 7C 1 7C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu 1 #4, com lete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routin order l,Sandra Lea CDES Administration 2. 3. 4, 5. Sue Filson, Ex utive Manager Board of County Commissioners PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) 6. Minutes and Records Clerk of COurt'S Office Name of Primary Staff Raymond V, Bellows Phone Number 403-2463 Contact Agenda Date Item was O~ 1/-/ ó..s Agenda Item Number I 7 c... Approved bv the BCC Type of Document SE Resolution (SE-05-AR-8029) Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nalure and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forward'ng to Tallahassee within a certain time frame or the BCC's actions are nullified, Be a 0 deadlines! The document was approved by the BCC on enter date) and all changes made during the meeting have been incorporatei:l i the attached document. The Co un Attorne's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2, 3, 4, 5, 6, \<7 p \G D----Y t-_'J p \: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2,24,05 1 7C RESOLUTION NO. 05-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 05-235 TO CORRECT A SCRIVENER'S ERROR DUE TO OMISSION OF AN INTENDED REVISION TO EXHIBIT "A," THE LEGAL DESCRIPTION FOR THE TOWN OF A VE MARIA DEVELOPMENT OF REGIONAL IMP ACT (DRI). WHEREAS, the Collier County Board of County Commissioners adopted Resolution Number 05-235 on June 14,2005, and; WHEREAS, following said action adopting Resolution Number 05-235, Planning Staff determined that the Resolution did not contain the correct legal description that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO EXHIBIT "A," THE LEGAL DESCRIPTION, The legal description of Resolution Number 05-235 is hereby amended to correct a scrivener's error by amending said legal description to read as follows: (See Exhibit "A") BE IT RESOLVED that this Resolution relating to Petition Number SE-2005-AR-8029 be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote. I ' Done this / d..- day of i\/t: t/ M7!!Jt!r, 2005, ATTEST: ß D~G::r.n:)[:¡E1k- ~.. to .I_~, A,~tàræ tmibn.n and sufficie cy: '\~ Patrick G. White Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ~W.C k FRED . COYLE, CHAIR~ S E-2005-AR -802 9/RB/sp Words struek through are deleted; words underlined are added, Page 1 of 1 / --- Appendix A (\ . L \-17£ VO'Îî€c..+ egO-_" 5",0;)" Co · q 3 A ¿Ni5" ~ AVE MARIA lEGAL DESCRIPTION DESCRIPTION OF PART OF SECTIONS 4 THROUGH 9AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH. RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16: " THENCE NORTH 01°04'07" WEST 150,00 FEET TO A POINT ON A LINE LYING 100 FEET NORTH O~AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY) SAID pdlNT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID LINE SOUTH 88°57'06" WEST 354.33 FEET; THENCE LEAVING SAID LINE NORTH 01 °07'23" WEST 200,01 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL ROAD: THENCE ALONG SAID LINE SOUTH 88°57'05" WEST 2,215.48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88°55'37" WEST 1,128,15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89°32'56" WEST 1286,63FEET: THENCE LEAVING SAID LINE NORTH 00°27'04" WEST 1,089.55 FEET; THENCE SOUTH 89°32'56" WEST 242.19 FEET; THENCE SOUTH 89°24'19" WEST 3977.40 FEET: THENCE NORTH 00°01'40" EAST 1280,68 FEET: THENCE NORTH 90°00'00" EAST 1125,68 FEET; THENCE NORTH 00°19'38" WEST 520.46 FEET: THENCE NORTH 09°27'58" EAST 38,31 FEET; THENCE NORTH 14°56'15" EAST 32.59 FEET; THENCE NORTH 59°02'49" EAST 24.49 FEET; THENCE NORTH 68°12'25" EAST 33.93 FEET; THENCE NORTH 73°08'54" EAST 72.42 FEET; THENCE NORTH 69°14'09" EAST 65,14 FEET; THENCE NORTH 61°11'58" EAST 47,93 FEET: THENCE NORTH 56°44'10" EAST 80,38 FEET: THENCE NORTH 54°18'17" EAST 82,75 FEET; THENCE NORTH 51°34'19" EAST 552,31 FEET; THENCE NORTH 12°32'03" EAST 52,12 FEET; THENCE NORTH 16°41 '34" WEST 780,99 FEET; THENCE NORTH 38°40'18" WEST 48,27 FEET: THENCE NORTH 55°58'45" WEST 175,13 FEET; THENCE NORTH 78°14'12" WEST 46,21 FEET; THENCE SOUTH 86°41'17" WEST 358,77 FEET; THENCE NORTH 43°16'35" WEST 44,00 FEET; THENCE NORTH 01°28'53" WEST 584,34 FEET; THENCE NORTH 88°45'30" EAST 2,256,99 FEET; THENCE NORTH 11°31'40" WEST 679,82 FEET; THENCE NORTH 29°57'19" EAST 43.24 FEET; THENCE NORTH 80°03'11" EAST 750,96 FEET; THENCE NORTH 82°05'14" EAST 23,32 FEET; THENCE NORTH 08°45'48" WEST 831,15 FEET; THENCE 82,76 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128,55 FEET THROUGH A CENTRAL ANGLE OF 36°53'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23°30'23" EAST 81,34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149,95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST, HAVING A RADIUS OF 2.15,80 FEET THROUGH A CENTRAL ANGLE OF 39°48'43" SUBTENDED BY A CHORD WHICH BEARS NORTH 22°02'}1" EAST 146,95 FEET; THENCE NORTH 02°08'16" EAST 434,86 FEET: S E-2005-AR-8029 PROJ ECT #2004070044 DATE: 7/18/05 RAY BELLOWS Appendix} Tnwn Plan t '. { ..- , 1 7º~~ THEl';JCE NORTH 38°40'13" EAST 124.61 FEET; THENCE NORTH 23°55'58" EAST 503,82 FEET; THENCE NORTH 89°19'06" EAST 272.53 FEET;, THENCE NORTH 81°10'42" EAST 718.98 FEET; THENCE NORTH 09°56'39" EAST 638,73 FEET; THENCE NORTH 73°36'58" EAST 172.46 FEET; THENCE NORTH 10°53'22" EAST 171,73 FEET; THENCE 327,51 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68°07'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39°53'35" WEST 308,56 FEET; THENCE NORTH 73°57'24" WEST 492,85 FEET; THENCE 313,21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331,73 FEET THROUGH A CENTRAL ANGLE OF 54°05'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90°00'00" WEST 301,71 FEET; ,. THENCE SOUTH 62°57'04" WEST 506.32 FEET; ,I I THENCE 155.39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR_CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107,24 FEET THROUGH A CENTRAL ANGLE OF 83°01'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27°09'30" WEST 142,15 FEET; THENCE SOUTH 14°21'16" EAST 287.88 FEET; THENCE 341,14 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 168,89 FEET THROUGH A CENTRAL ANGLE OF 115°44'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29°11'23" WEST 286,03 FEET; THENCE SOUTH 87"03'24" WEST 81,50 FEET; THENCE SOUTH 19°06'00" WEST 178.46 FEET; THENCE SOUTH 73°34'35" WEST 263,81 FEET; THENCE SOUTH 33°42'00" WEST 81,86 FEET; THENCE SOUTH 51 °52'05" WEST 1,402,28 FEET; THENCE 219,21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 151,50 FEET THROUGH A CENTRAL ANGLE OF 82°54'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°50'28" WEST 200,58 FEET; THENCE SOUTH 18°36'35" EAST 1,047,10 FEET; THENCE 196,86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 170,73 FEET THROUGH A CENTRAL ANGLE OF 66°04'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48°32'34" EAST 186,14 FEET; THENCE SOUTH 81°34'34" EAST 177,10 FEET; THENCE SOUTH 14°02'28" EAST 106,97 FEET; THENCE SOUTH 15°53'24" WEST 33.42 FEET; THENCE SOUTH 72°18'08" WEST 1325.01 FEET; THENCE NORTH 16°22'40" WEST 868,64 FEET; THENCE NORTH 16°02'21" WEST 1,001,63 FEET; THENCE NORTH 15°43'23" WEST 808,63 FEET; THENCE NORTH 14°29'42" WEST 215,30 FEET; THENCE NORTH 02°51'21" WEST 51,77 FEET; THENCE NORTH 37"59'19" EAST 51.77 FEET; THEt:JCE NORTH 58°24'39" EAST 660.90 FEET; THENCE NORTH 56°56'25" EAST 865,77 FEET; THENCE NORTH 62°27'21" EAST 303,89 FEET; THENCE NORTH 58°11'43" EAST 148,88 FEET: THENCE NORTH 66°27'20" EAST 99,67 FEET; THENCE NORTH 79°59'44" EAST 60,67 FEET: THENCE NORTH 18°39'40" EAST 212,96 FEET; THENCE NORTH 13°26'09" EAST 80.67 FEET; THENCE NORTH 04°05'14" EAST 65,75 FEET: THENCE NORTH 00°47'28" EAST 593,12 FEET; THENCE NORTH 05°29'40" EAST 61,18 FEET: THENCE NORTH 20°17'22" EAST 57.43 FEET; THENCE NORTH 51°55'17" EAST 55,07 FEET: THENCE SOUTH 84°48'27" EAST 51,76 FEET: THENCE SOUTH 67"53'53" EAST 40.46 FEET: THENCE SOUTH 53°37'33" EAST 55,29 FEET: Appendix L To\.n Pial ... " ..- THENCE SOUTH 55°37'37" EAST 158.19 FEET; THENCE SOUTH 66°28'32" EAST 79.22 FEET; THENCE SOUTH 81°19'48" EAST 69.92 FEET; _ THENCE NORTH 80°53'08" EAST 96,10 FEET; THENCE NORTH 83°09'35" EAST 88.49 FEET; THENCE SOUTH 75°58'08" EAST 57,96 FEET; THENCE SOUTH 45°44'09" EAST 65.43 FEET; THENCE SOUTH 23°12'23" EAST 107,03 FEET; THENCE SOUTH 31°09'29" EAST 124,53 FEET; THENCE SOUTH 36°28'03" EAST 195.13 FEET; THENCE SOUTH 41°49'01" EAST 193.27 FEET; THENCE SOUTH 41°27'57" EAST 187,53 FEET; THENCE SOUTH 50°06'28" EAST 177.12 FEET; THENCE NORTH 86°06'03" EAST 103,33 FEET; THENCE NORTH 82°07'11" EAST 76,87 FEET; THENCE NORTH 58°49'02" EAST 61.16 FEET; THENCE NORTH 41°11'10" EAST 266,09 FEET; THENCE NORTH 43°45'15" EAST 203.61 FEET; THENCE NORTH 63°26'06" EAST 230.87 FEET; THENCE NORTH 55°12'54" EAST 17,74 FEET; THENCE NORTH 06°58'17" WEST 40.07 FEET; THENCE NORTH 60°20'46" EAST 94.06 FEET; THENCE NORTH 14°42'46" EAST 42.02 FEET; THENCE NORTH 52°22'08" EAST 29,10 FEET; THENCE NORTH 05°13'18" EAST 37,01 FEET; THENCE NORTH 07°13'16" WEST 185,10 FEET; THENCE NORTH 08°55'50" WEST 66.36 FEET; THENCE NORTH 08°35'26" WEST 70.11 FEET; THENCE NORTH 03°30'28" EAST 24,24 FEET; THENCE NORTH 09°22'28" EAST 32.62 FEET; THENCE NORTH 32°03'11" EAST 61,35 FEET; THENCE NORTH 41°59'52" EAST 54,16 FEET; THENCE NORTH 46°38'59" EAST 44,15 FEET; THENCE NORTH 40°19'34" EAST 80.40 FEET; THENCE NORTH 39°30'46" EAST 42.43 FEET; THENCE NORTH 52°07'39" EAST 71,16 FEET; THENCE NORTH 60°17'11" EAST 55,95 FEET; THENCE NORTH 68°43'34" EAST 63,02 FEET; THENCE NORTH 86°12'19" EAST 41,51 FEET; THENCE SOUTH 75°32'58" EAST 74,98 FEET; THENCE NORTH 78°55'50" EAST 42,97 FEET; THENCE NORTH 69°31'07" EAST 36,80 FEET; THENCE NORTH 75°37'20" EAST 34,34 FEET; THENCE SOUTH 72°08'39" EAST 57.43 FEET; THE~CE SOUTH 56°52'50" EAST 70,22 FEET; THENCE SOUTH 56°52'18" EAST 99,31 FEET; THENCE SOUTH 70°35'59" EAST 56,76 FEET; THENCE SOUTH 85°12'15" EAST 70,23 FEET; THENCE NORTH 85°47'37" EAST 52,90 FEET; THENCE NORTH 77°16'18" EAST 51,33 FEET; THENCE NORTH 64°20'23" EAST 9.49 FEET; THENCE NORTH 23°58'25" EAST 60.47 FEET; THENCE NORTH 39°27'42" EAST 136,06 FEET; THENCE NORTH 18°12'03" EAST 123.70 FEET; THENCE NORTH 16°26'30" WEST 137,54 FEET: THENCE NORTH 45°55'34" WEST 133,51 FEET; THENCE NORTH 84°43'21" WEST 101.26 FEET; THENCE SOUTH 87°06'53" WEST 375,05 FEET: THENCE SOUTH 86°31'55" WEST 296,36 FEET; THENCE NORTH 02°29'11" WEST 25.06 FEET; , '. 1 7C_~ .-. .~-... /' " Appendix L Town Plar , ..: . " THENCE SOUTH 85°19'00" WEST 63,79 FEET; THENCE SOUTH 87"01'35" WEST 57,73 FEET; THENCE NORTH 85°14'11" WEST 27,05 FEET; THENCE NORTH 86°11 '09" WEST 22,51 FEET; THENCE NORTH 71°01'47" WEST 25,34 FEET; THENCE NORTH 74°57'44" WEST 25,97 FEET; THENCE NORTH 80°42'24" WEST 41,73 FEET; THENCE NORTH 77°00'19" WEST 49,95 FEET; THENCE NORTH 78°26'56" WEST 104,70 FEET; THENCE NORTH 78°45'16" WEST 195,82 FEET; THENCE NORTH 79°21'51" WEST 81,14 FEET; THENCE NORTH 76°30'15" WEST 38,50 FEET; THENCE NORTH 70°33'36" WEST 13,50 FEET; THENCE NORTH 53°58'21" WEST 10,18 FEET; THENCE NORTH 53°58'22" WEST 10.18 FEET; THENCE NORTH 43°09'08" WEST 16.42 FEET; THENCE NORTH 34 °52'31" WEST 30,12 FEET; THENCE NORTH 37"08'48" WEST 31,00 FEET; THENCE NORTH 45°00'00" WEST 37,06 FEET; THENCE NORTH 43°28'45" WEST 29,92 FEET; THENCE NORTH 52°29'45" WEST 40.59 FEET; THENCE NORTH 53°28'16" WEST 25,16 FEET; THENCE NORTH 69°51 '49" WEST 23,93 FEET; THENCE NORTH 72°53'50" WEST 40,74 FEET; THENCE NORTH 74°38'02" WEST 101,72 FEET; THENCE NORTH 76°25'14" WEST 79,73 FEET; THENCE NORTH 73°50'34" WEST 83.41 FEET; THENCE NORTH 77°16'32" WEST 71.39 FEET; THENCE NORTH 70°44'15" WEST 32,62 FEET; THENCE NORTH 75°44'50" WEST 240,26 FEET; THENCE SOUTH 76°22'29" WEST 54,20 FEET: THENCE NORTH 75°46'41" WEST 12,81 FEET: THENCE NORTH 78°06'45" WEST 243,02 FEET; THENCE SOUTH 87"32'28" WEST 438.43 FEET: THENCE SOUTH 86°36'21" WEST 1,109,58 FEET; THENCE NORTH 77°00'11" WEST 142,86 FEET; THENCE SOUTH 17"30'03" WEST 1 0,94 FEET; THENCE SOUTH 21 °30'05" EAST 36,63 FEET; THENCE SOUTH 30°57'50" WEST 6.02 FEET; THENCE NORTH 73° 1 0'43" WEST 139,18 FEET; THENCE NORTH 11 °46'06" WEST 25,32 FEET; THENCE NORTH 05°42'38" WEST 20.76 FEET: THENCE NORTH 04°23'55" WEST 13,47 FEET; THENCE NORTH 50°11'40" WEST 8,07 FEET; THE~CE NORTH 83°59'28" WEST 19,73 FEET; THENCE NORTH 84°57'27" WEST 35.25 FEET; THENCE NORTH 83°49'48" WEST 38.44 FEET; THENCE NORTH 80°44'23" WEST 96,27 FEET: THENCE NORTH 79°48'04" WEST 449,12 FEET; THENCE NORTH 7ï049'57" WEST 284,20 FEET; THENCE NORTH 83°39'35" WEST 93.52 FEET; THENCE NORTH 87"39'46" WEST 101,30 FEET; THENCE NORTH 84 °25'40" WEST 85,09 FEET; THENCE NORTH 7ï028'16" WEST 95,22 FEET; THENCE NORTH 77°23'45" WEST 170,38 FEET: THENCE NORTH 75°57'50" WEST 76,65 FEET: THENCE NORTH 69°26'38" WEST 35,30 FEET: THENCE NORTH 69°j6'31" WEST 4182 FEET: THENCE NORTH 48'j8'50" WEST 43,91 FEET THENCE NORTH -!6'i4'43" WEST 134.40 FEET - ._- -.--. --.-.--- . .".::" , Ill: / ,I Appendix Town P!èìr ~ ~ 1_- . . THENCE NORTH 43°58'24" WEST 611,34 FEET; THENCE NORTH 45°00'00" WEST 338,85 FEET; THENCE NORTH 44°41'45" WEST 412,62 FEET; THENCE NORTH 43°26'06" WEST 267.38 FEET; THENCE NORTH 46°27'29" WEST 200,89 FEET; THENCE NORTH 66°02'14" EAST 12,72 FEET; THENCE NORTH 81°52'12" EAST 18.83 FEET; THENCE NORTH 03°20'45" EAST 73,83 FEET; THENCE SOUTH 85°25'42" WEST 6.48 FEET; THENCE NORTH 90°00'00" WEST 10,84 FEET; THENCE SOUTH 70°27'48" WEST 16,99 FEET; THENCE SOUTH 56°18'36" WEST 14.89 FEET; THENCE SOUTH 75°57'49" WEST 17,03 FEET; THENCE SOUTH 87°16'25" WEST 10.86 FEET; THENCE NORTH 59°20'58" WEST 16.21 FEET; THENCE NORTH 35°32'16" WEST 17,77 FEET; THENCE NORTH 26°33'54" WEST 17.32 FEET; THENCE NORTH 16°11'21" WEST 16,67 FEET; THENCE NORTH 01°52'04" WEST 47,53 FEET; THENCE NORTH 00°05'16" WEST 336,69 FEET; THENCE NORTH 00°29'38" WEST 299,52 FEET; THENCE NORTH 00°56'29" WEST 220,01 FEET; THENCE NORTH 00°52'19" EAST 237.57 FEET; THENCE NORTH 00°46'52" WEST 113,62 FEET; THENCE NORTH 00°00'00" EAST 13,43 FEET; THENCE NORTH 14°02'10" EAST 8,52 FEET; THENCE NORTH 45°00'00" EAST 5,84 FEET; THENCE NORTH 71°33'54" EAST 9,80 FEET; THENCE NORTH 82°24'19" EAST 15,63 FEET; THENCE SOUTH 89°12'02" EAST 222,07 FEET; THENCE SOUTH 86°36'31" EAST 69,83 FEET; THENCE SOUTH 82°38'52" EAST 32,28 FEET; THENCE SOUTH 70°49'16" EAST 25,15 FEET; THENCE SOUTH 60°38'32" EAST 18,96 FEET: THENCE SOUTH 62°44'41" EAST 38,34 FEET; THENCE SOUTH 73°08'30" EAST 35,61 FEET: THENCE SOUTH 87"42'34" EAST 25,84 FEET: THENCE NORTH 86°18'31" EAST 32,08 FEET: THENCE NORTH 74°58'54" EAST 43,84 FEET: THENCE NORTH 66°16'18" EAST 51,33 FEET; THENCE NORTH 56°01'25" EAST 57,29 FEET: THENCE NORTH 52°34'43" EAST 171,66 FEET: THENCE NORTH 43°53'54" EAST 75.96 FEET: THENCE NORTH 36°37'17" EAST 47,61 FEET; THENCE NORTH 35°48'12" EAST 77,68 FEET: THENCE NORTH 30°21 '29" EAST 83,78 FEET: THENCE NORTH 22°37'12" EAST 67,13 FEET: THENCE NORTH 13°36'02" EAST 32,94 FEET: THENCE NORTH 14°28'13" EAST 66,13 FEET: THENCE NORTH 10°57'15" EAST 65.22 FEET: THENCE NORTH! 1 "18'36" EAST 21,06 FEET; THENCE NORTH 16°41'58" EAST 10,78 FEET: THENCE NORTH 45°00'00" EAST 10,22 FEET: THENCE NORTH 58°23'33" EAST 15,76 FEET: THENCE NORTH 64°39'14" EAST 21,71 FEET: THENCE NORTH ôr"+TJT EAST 163,98 FEET: THENCE NORTH 64°59'39" EAST 161.25 FEET: THENCE Ì'lORTH!) ';::2'14" ::..l,ST18,04 FEET THENCE i\JORïH ï'53'50" =AST 28,10 FEEï THENCE Ì'jO~T:-i 0 ·rO'·JO" E,.l,ST 14.46 FEET , ' ... ,,' Appenci IX TO"T -::. .=-, f- - .\ " - '., - ,t:¡ ";". THENCE NORTH 88°18'55" EAST 35.13 FEET; THENCE SOUTH 88°36'10" EAST 42,36 FEET; THENCE NORTH 90°00'00" EAST 28,92 FEET; THENCE SOUTH 82°45'47" EAST 16.40 FEET; THENCE SOUTH 61°55'39" EAST 17.73 FEET; THENCE NORTH 69°34'35" EAST 118.02 FEET; THENCE NORTH 81°56'55" EAST 17,06 FEET; THENCE NORTH 86°43'15" EAST 124,39 FEET; THENCE NORTH 13°46'19" WEST 328,58 FEET; THENCE NORTH 70°48'07" EAST 76.21 FEET; THENCE NORTH 54°29'06" EAST 37,97 FEET; THENCE NORTH 21 °53'45" WEST 54.48 FEET; THENCE NORTH 70°47'14" EAST 77,55 FEET; THENCE NORTH 71°02'31" EAST 35,61 FEET; THENCE NORTH 72°16'21" EAST 131,70 FEET; THENCE NORTH 72°04'43" EAST 126.98 FEET; THENCE NORTH 73°13'18" EAST 106,86 FEET; THENCE NORTH 71°11'17" EAST 74.14 FEET; THENCE NORTH 68°33'08" EAST 30,93 FEET; THENCE NORTH 71°33'54" EAST 17,88 FEET; THENCE NORTH 81°15'14" EAST 13,52 FEET; THENCE SOUTH 83°05'20" EAST 17,09 FEET; THENCE SOUTH 47°43'35" EAST 15.29 FEET; THENCE SOUTH 37"20'58" EAST 24,58 FEET; THENCE SOUTH 16°38'20" EAST 46,68 FEET; THENCE SOUTH 24°10'17" EAST 35,78 FEET; THENCE SOUTH 21°52'45" EAST 70,36 FEET; THENCE SOUTH 34°33'45" EAST 28,09 FEET; THENCE SOUTH 47°26'12" EAST 34,20 FEET; THENCE SOUTH 52°25'53" EAST 8.43 FEET; THENCE SOUTH 71°33'54" EAST 9,75 FEET; THENCE SOUTH 85°01'49" EAST 11,87 FEET; THENCE SOUTH 87"08'15" EAST 20.59 FEET; THENCE SOUTH 88°25'50" EAST 37,54 FEET; THENCE NORTH 87°33'48" EAST 48,37 FEET; THENCE SOUTH 89°35'00" EAST 141,38 FEET; THENCE NORTH 89°06'34" EAST 99,23 FEET: THENCE NORTH 84°31'51" EAST 48,55 FEET; THENCE NORTH 82°20'00" EAST 26.97 FEET; THENCE NORTH 79°46'40" EAST 31,87 FEET; THENCE NORTH 76°27'51" EAST 28,56 FEET: THENCE NORTH 70°23'45" EAST 39,84 FEET; THENCE NORTH 70°48'11" EAST 134.46 FEET; THENCE NORTH 70°37'19" EAST 79,02 FEET; THE~CE NORTH 66°32'28" EAST 29.70 FEET; THENCE NORTH 57"49'44" EAST 37,66 FEET: THENCE NORTH 53°21'57" EAST 74,96 FEET; THENCE NORTH 54°24'59" EAST 148,87 FEET: THENCE NORTH 50°50'35" EAST 203,54 FEET; THENCE NORTH 48°43'53" EAST 33,52 FEET: THENCE NORTH 32°23'52" EAST 31,67 FEET; THENCE 334,86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70°24'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06°25'03" WEST 314,18 FEET; THENCE NORTH 41°37'27" WEST 133,18 FEET: THENCE 184,60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573,36 FEET THROUGH CENTRAL ANGLE OF 18°26'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50°50'52" WEST 183,80 FEET; THENCE NORTH 60°04'16" WEST 149,32 FEET; THENCE 44,34 FEET ALONG THEARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING , 1-1C~ /' ,I Appendix I Tovvn Pian 6 · '. " ... - .' . ... 7C~ A RADIUS OF 29.99 FEET THROUGH A CENT~L ANGLE OF 94'41"31' AND BEING SUBTENDED BY A clRD. -, . WHICH BEARS NORTH 1]043'30" WEST 40.41 FEET; .' THENCE NORTH 24 °37'19" EAST 671,69 FEET; THENCE NORTH 23°58'37" EAST 211,35 FEET; THENCE NORTH 27°45'05" EAST 100,63 FEET; THENCE NORTH 34°51'48" EAST 129,90 FEET; THENCE NORTH 36°14'23" EAST 119,58 FEET; THENCE NORTH 39°15'14" EAST 61,92 FEET; THENCE NORTH 30°37'48" EAST 96,80 FEET; THENCE NORTH 31°09'42" EAST 136,09 FEET: THENCE NORTH 31°57'25" EAST 103,02 FEET; THENCE NORTH 32°39'03" EAST 134,08 FEET; THENCE NORTH 28°32'24" EAST 53,34 FEET; THENCE NORTH 31°15'49" EAST 35,90 FEET; THENCE NORTH 36°52'12" EAST 24,66 FEET; THENCE NORTH 53°49'13" EAST 22,74 FEET; THENCE NORTH 59°30'01" EAST 46.43 FEET; THENCE NORTH 58°16'35" EAST 70.87 FEET; THENCE NORTH 46°49'06" EAST 48,85 FEET; THENCE NORTH 34°36'20" EAST 66,58 FEET; THENCE NORTH 36°23'58" EAST 266,89 FEET: THENCE NORTH 35°28'00" EAST 51.47 FEET; THENCE NORTH 24°13'40" EAST 48,08 FEET; THENCE NORTH 20°29'50" EAST 62,60 FEET; THENCE NORTH 17°32'36" EAST 44.54 FEET; THENCE NORTH 11 °02'07" EAST 134,56 FEET; THENCE NORTH 09°20'41" EAST 65,81 FEET; THENCE NORTH 08°49'13" EAST 32,16 FEET: THENCE NORTH 02°07'16" WEST 14,81 FEET: THENCE NORTH 19°58'59" WEST 12,83 FEET; THENCE NORTH 29°55'53" WEST 20,87 FEET; THENCE NORTH 45°00'00" WEST 56,96 FEET: THENCE NORTH 48°51'56" WEST 57.48 FEET; THENCE NORTH 42°38'48" WEST 28,31 FEET; THENCE NORTH 38°47'48" WEST 35,86 FEET; THENCE NORTH 43°25'04" WEST 39.03 FEET; THENCE NORTH 36°22'11" EAST 30,93 FEET; THENCE NORTH 23°54'19" EAST 139,67 FEET: THENCE SOUTH 66°53'26" EAST 241.46 FEET: THENCE SOUTH 64 °45'28" EAST 263.29 FEET: THENCE SOUTH 71°18'47" EAST 57,07 FEET; THENCE SOUTH 85°07'33" EAST SO,S1 FEET; THENCE NORTH 81°05'07" EAST 7S,18 FEET; THENCE NORTH 81°43'21" EAST 63,88 FEET; THEt-{CE NORTH 84"S7'08" EAST 36,24 FEET: THENCE SOUTH 86°25'39" EAST 63,61 FEET: THENCE SOUTH 81°31'21" EAST 262.28 FEET; THENCE SOUTH 88°08'03" EAST 273,99 FEET: THENCE NORTH 80"S8'13" EAST 327,79 FEET; THENCE NORTH 67"SO'S6" EAST 2S2,22 FEET; THENCE NORTH 81°02'01" EAST 819,65 FEET: THENCE NORTH 81°42'41" EAST 310,84 FEET: THENCE SOUTH 6s034'43" EAST 80.72 FEET: THENCE NORTH 89°S9'47" EAST 219,16 FEET: THENCE NORTH 82°42'28" EAST 41,19 FEET: THENCE NORTH 58°02'38" EAST 138,72 FEET: THENCE NORTH 41 °09'18" EAST 91,38 FEET: THENCE NORTH 73°57'36" EAST 83.05 FEET: THENCE NORTH 84°S1'S8" EAST 305,34 FEET: THENCE NORTH 86°38'43" EAST 343,90 FEET: ~ ," Appendix, .l Tc'vn Pl,éìll ., , 17C> .. THENCE NORTH 87"28'42" EAST 503,72 FEET; THENCE NORTH 88°46'01" EAST 328.07 FEET; THENCE NORTH 37"30'20" EAST 357,69 FEET; THENCE NORTH 15°32'08" EAST 149,51 FEET; THENCE NORTH 86°55'36" EAST 261.44 FEET; THENCE NORTH 72°53'31" EAST 576,59 FEET; THENCE NORTH 50°45'14" EAST 202,55 FEET; THENCE NORTH 87"14'14" EAST 314,60 FEET; THENCE SOUTH 76°38'32" EAST 143,08 FEET; THENCE NORTH 89°49'43" EAST 1,054,71 FEET; THENCE SOUTH 75°20'32" EAST 42.85 FEET; THENCE SOUTH 41°43'41" EAST 38.04 FEET; THENCE SOUTH 59°44'48" EAST 101.86 FEET; THENCE SOUTH 82°56'38" EAST 71.89 FEET; THENCE NORTH 76°31 '27" EAST 68,87 FEET; THENCE NORTH 60°32'45" EAST 175,39 FEET; THENCE NORTH 78°18'10" EAST 41,23 FEET; THENCE NORTH 89°28'30" EAST 480.22 FEET; THENCE NORTH 82°52'57" EAST 82,50 FEET; THENCE NORTH 59°26'48" EAST 47,53 FEET; THENCE NORTH 77"36'27" EAST 12,36 FEET; THENCE SOUTH 70°55'29" EAST 16.45 FEET; THENCE SOUTH 47°41'12" EAST 748,88 FEET; THENCE SOUTH 34°06'49" EAST 46.63 FEET; THENCE SOUTH 14°16'24" EAST 615,15 FEET; THENCE NORTH 85°59'44" EAST 160.53 FEET; THENCE NORTH 47°06'44" EAST 110.60 FEET; THENCE NORTH 29°11'18" EAST 460,96 FEET; THENCE NORTH 13°56'57" EAST 209,85 FEET; THENCE NORTH 76°19'41" EAST 160,84 FEET; THENCE NORTH 61°43'54" EAST 107,89 FEET: THENCE NORTH 18°58'36" EAST 69.73 FEET; THENCE NORTH 01°36'49" WEST 341,03 FEET: THENCE NORTH 89°06'53" EAST 584.42 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°14'32" EAST 45,99 FEET: THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05°51 '27" WEST 224.83 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 95,78 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798,14 FEET THROUGH A CENTRAL ANGLE OF 01°26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°04'45" WEST 95,78 FEET: THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 26°31'54" WEST 759,71 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF ¡-\ND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE SOUTH 00°14'33" EAST 1,537,82 FEET: THENCE CONTINUING ALONG SAID LINE SOUTH 00°22'10" EAST 2.34787 FEET: THENCE LEAVING SAID LINE NORTH 89°29'01" EAST 330,00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ll.LONG SAID RIGHT-OF-WAY LINE SOUTH 00"22'10" EAST 200,00 FEET: THENCE LEfWING SAID RIGHT-OF-WAY LINE SOUTH 89°29'01" WEST 330,00 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE \'·VEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD: THENCE ALONG SAID LINE FOR THE FOLLOWING 2 COURSES: 1, SOUTH 00"22' 1 0' E/\ST 62,31 FEET: 2, SOUTH 00"30', I)" cAST 2,67423 FEET 3. SOUTH 00'35'3:" cAST 2.68453 FEET 4, SOUTH 00"28'11" EAST 2,610,24 FEET 5, SOUTH 00 '30':; ~ =:\ST 199,67 FEET 6, 227,68 FE::T.'.LCNG THE ARC OF A CIRCUL.A,R CURVE CONCrWE EAST HAVING A RADIUS OF 3,032,95 FEET THROUGH CE:'JT::::'¡~L .:\NGLE OF 04"18'O·.¡" ,\ND 5E1>JG SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36" EAST 227.63 :=:::::: 7, SOUTH C4·...:·S::3 -=:\S: ..100,93 FEET: 8. SOUTH l~;:' 'q,'. :,~:37 "3.53 FE::: , . .y' ,.I þ,ppenci ix Town::'! ",'~ ..,;... " 9" SOUTH 00029'16~ EAST 1672,20 FEET; THENCE LEAVING SAID LINE SOUTH 89°04'49" WEST 604.79 FEET; THENCE NORTH 47°03'54" WEST 98,67 FEET; THENCE SOUTH 52°55'08" WEST 87,29 FEET; THENCE SOUTH 06°39'26" WEST 102.55 FEET; THENCE SOUTH 71 °24'1 T' WEST 367,36 FEET; THENCE NORTH 19°54'41" WEST 104.73 FEET; THENCE NORTH 43°05'38" WEST 251,09 FEET; THENCE NORTH 11 °04'29" EAST 79,58 FEET; THENCE NORTH 05°51'31" WEST 66,56 FEET; THENCE NORTH 48°52'26" WEST 332,24 FEET; THENCE NORTH 74°56'35" WEST 80,29 FEET; THENCE SOUTH 74°58'06" WEST 235.65 FEET; THENCE SOUTH 51°40'42" WEST 93,09 FEET; THENCE SOUTH 21 °53'05" WEST 241,50 FEET: THENCE SOUTH 77°21'09" WEST 341,17 FEET; THENCE SOUTH 60°48'05" WEST 79.49 FEET; THENCE NORTH 88°09'54" WEST 265.68 FEET; THENCE SOUTH 89°36'53" WEST 1,996.43 FEET; THENCE 77.48 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1415,00 FEET THROUGH A CENTRAL ANGLE OF 03°08'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°11 '35" EAST 77.4 7 FEET; THENCE SOUTH 00°38'28" EAST 84,34 FEET; THENCE NORTH 90°00'00" WEST 71.80 FEET; THENCE SOUTH 00°38'46" EAST 3,444,22 FEET; THENCE 224,04 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2.721,25 FEET THROUGH A CENTRALANGLE OF 04°43'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 °44'02" WEST 223,98 FEET; THENCE SOUTH 04°05'59" WEST 217.57 FEET; THENCE 153.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,277,17 FEET THROUGH A CENTRAL ANGLE OF 03°51'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°10'28" WEST 153,37 FEET; THENCE SOUTH 06°34'56" EAST 1,089,87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY); THENCE ALONG SAID LINE SOUTH 88°54'34" WEST 247,15 FEET TO THE POINT OF BEGINNING, 1 7C-d o , . .' ., CONTAINING 5.026.93 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88°54'34" WEST BY: LANCE T. MILLER. PS,M, LS#5627 CERTIFICATE OF AUTHORIZATION #LB-43 REF: .4H-125. SHEETS 1-5 DATE: AUGUST 29,2003 REVISIONS: 1, OCTOBER 16, 2003 2. MARCH 3, 2004 3. SEPTEMBER 30, 2004 4, FEBRUARY 4, 2005 5, FEBRUARY 24, 2005 Appendix ..~ T Ql,V n: I :i ì: '1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGSi 170Jli .... II To: Clerk to the Normal legal Ad Please place the following as a: nt Other: (Display Adv" location, etc,) *************** ***. *. ****************~******************~:~~***;;**~r*******************~********** Originating Dept! 'v:,,{ mm,Dev,Serv,/Plannmg Person:! U / ~ Date: q¡ ð¡ Ii) S Petition No, (If none, give brief description): SE-05-AR-8030 Petitioner: (Name & Address): Ray Bellows, AICP, Manager, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Fla, 34104 Name & Äddress of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Margaret Perry, WilsonMiller, 3200 Bailey Lane, Suite 200, Naples, Florida Hearing before BCC BZA X Other Requested Hearing date: 10/25/05 Based on advertisement appearing ~ days before hearing, Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other D Legally Required Proposed Text: (Include le2:al description & common location & Size): Petition: SE-2005-AR-8030 (RB) A resolution amending Resolution No. 05-234A, The Town of Ave Maria SRA to correct a scrivener's error resulting from an incorrect legal description in the transmittal copy of the adopted resolution for the property located on the north side of Oil Well Road, the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47 South, Range 29 East. Does Petition Fee include advertising cost? XX Yes D No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: '1/'23./ ò5 , I Date County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, relaining a copy for file, ********************************************************************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received: q -3'D -tf) Date of Public hearing:IÓ -25 -Ö~ Date Advertised: J 0 .-q --a-:;- .... Jo..u..;t.hH·u..l.U, ,"-"V\..U.H,y .L'l..I,.I,.Vl1H.....Y I I SE-2005-AR-8030/RB/sp 170 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 05-234A ALSO DESIGNATED AS DEVELOPMENT ORDER NO. 05-01, TO CORRECT A SCRIVENER'S ERROR DUE TO OMISSION OF AN INTENDED REVISION TO EXHIBIT "A," LEGAL DESCRIPTION FOR THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA (SRA). WHEREAS, the Collier County Board of County Commissioners adopted Resolution Number 05-234A also designated as Development Order No, 05-01, on June 14,2005, and; WHEREAS, following said action adopting Resolution Number 05-234A, Planning Staff determined that the Resolution did not contain the revised Exhibit "A," legal description that was otherwise intended and made part ofthe public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO EXHIBIT "A," THE LEGAL DESCRIPTION. The legal description of Resolution Number 05-234A is hereby amended to correct a scrivener's error by amending said legal description to read as follows: (See Exhibit "A") BE IT RESOLVED that this Resolution relating to Petition Number SE-2005-AR-8030 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, Done this day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ) BY: FRED W. COYLE, CHAIRMAN Patrick G, ite Assistant County Attorney SE-2005-AR-8030/RBlsp Words struck through are deleted; words underlined are added. Page 1 of 1 17ŒL - A RADIUS OF 29,99 FEET THROUGH A CENTRAL ANGLE OF 84°41'37" AND BEING SUBTENDED BY A CHORP, -:.. WHICH BEARS NORTH 17°43'30" WEST 40.41 FEET; THENCE NORTH 24 °37'19" EAST 671.69 FEET; THENCE NORTH 23°58'37" EAST 211,35 FEET; THENCE NORTH 27°45'05" EAST 100,63 FEET; THENCE NORTH 34°51'48" EAST 129,90 FEET; THENCE NORTH 36°14'23" EAST 119.58 FEET; THENCE NORTH 39°15'14" EAST 61.92 FEET; THENCE NORTH 30°37'48" EAST 96,80 FEET; THENCE NORTH 31°09'42" EAST 136,09 FEET; THENCE NORTH 31°57'25" EAST 103,02 FEET; THENCE NORTH 32°39'03" EAST 134,08 FEET; THENCE NORTH 28°32'24" EAST 53,34 FEET; THENCE NORTH 31°15'49" EAST 35.90 FEET; THENCE NORTH 36°52'12" EAST 24.66 FEET; THENCE NORTH 53°49'13" EAST 22,74 FEET; THENCE NORTH 59°30'01" EAST 46.43 FEET; THENCE NORTH 58°16'35" EAST 70.87 FEET; THENCE NORTH 46°49'06" EAST 48,85 FEET; THENCE NORTH 34°36'20" EAST 66,58 FEET; THENCE NORTH 36°23'58" EAST 266,89 FEET; THENCE NORTH 35°28'00" EAST 51.47 FEET; THENCE NORTH 24°13'40" EAST 48,08 FEET; THENCE NORTH 20°29'50" EAST 62,60 FEET; THENCE NORTH 1r32'36" EAST 44,54 FEET; THENCE NORTH 11 °02'07" EAST 134,56 FEET; THENCE NORTH 09°20'41" EAST 65.81 FEET; THENCE NORTH 08°49'13" EAST 32,16 FEET: THENCE NORTH 02°07'16" WEST 14,81 FEET; THENCE NORTH 19°58'59" WEST 12,83 FEET: THENCE NORTH 29°55'53" WEST 20,87 FEET; THENCE NORTH 45°00'00" WEST 56,96 FEET; THENCE NORTH 48°51 '56" WEST 57,48 FEET; THENCE NORTH 42°38'48" WEST 28,31 FEET; THENCE NORTH 38°47'48" WEST 35,86 FEET: THENCE NORTH 43°25'04" WEST 39,03 FEET; THENCE NORTH 36°22'11" EAST 30,93 FEET; THENCE NORTH 23°54'19" EAST 139,67 FEET; THENCE SOUTH 66°53'26" EAST 241.46 FEET; THENCE SOUTH 64°45'28" EAST 263.29 FEET: THENCE SOUTH 71°18'47" EAST 57,07 FEET; THENCE SOUTH 85°07'33" EAST 50,51 FEET; THENCE NORTH 81 °05'07" EAST 75,18 FEET; THENCE NORTH 81°43'21" EAST 63,88 FEET; THEN,CE NORTH 84°57'08" EAST 36.24 FEET; THENCE SOUTH 86°25'39" EAST 63,61 FEET; THENCE SOUTH 81°31'21" EAST 262,28 FEET; THENCE SOUTH 88°08'03" EAST 273,99 FEET; THENCE NORTH 80°58'13" EAST 327,79 FEET; THENCE NORTH 6r50'56" EAST 252,22 FEET; THENCE NORTH 81°02'01" EAST 819.65 FEET; THENCE NORTH 81°42'41" EAST 310,84 FEET; THENCE SOUTH 65°34'43" EAST 80,72 FEET; THENCE NORTH 89°59'47" EAST 219,16 FEET: THENCE NORTH 82°42'28" EAST 41,19 FEET; THENCE NORTH 58°02'38" EAST 138,72 FEET; THENCE NORTH 41°09'18" EAST 91,38 FEET; THENCE NORTH 73°57'36" EAST 83,05 FEET; THENCE NORTH 84°51'58" EAST 305,34 FEET; THENCE NORTH 86°38'43" EAST 343,90 FEET; 1" .~ Appendix J Tc'vn ?Iar Tho Tt""^fn,.....,'" 1\....... ~~....,...;... 17D~:· '- Ii THENCE NORTH 8r28'42" EAST 503,72 FEET; THENCE NORTH 88°46'01" EAST 328.07 FEET; THENCE NORTH 3r30'20" EAST 357.69 FEET; THENCE NORTH 15°32'08" EAST 149,51 FEET; THENCE NORTH 86°55'36" EAST 261.44 FEET; THENCE NORTH 72°53'31" EAST 576,59 FEET; THENCE NORTH 50°45'14" EAST 202,55 FEET; THENCE NORTH 8r14'14" EAST 314,60 FEET; THENCE SOUTH 76°38'32" EAST 143,08 FEET; THENCE NORTH 89°49'43" EAST 1,054,71 FEET; THENCE SOUTH 75°20'32" EAST 42,85 FEET; THENCE SOUTH 41°43'41" EAST 38,04 FEET; THENCE SOUTH 59°44'48" EAST 101,86 FEET; THENCE SOUTH 82°56'38" EAST 71,89 FEET; THENCE NORTH 76°31'27" EAST 68.87 FEET; THENCE NORTH 60°32'45" EAST 175,39 FEET; THENCE NORTH 78°18'10" EAST 41,23 FEET; THENCE NORTH 89°28'30" EAST 480.22 FEET; THENCE NORTH 82°52'57" EAST 82,50 FEET; THENCE NORTH 59°26'48" EAST 47,53 FEET; THENCE NORTH 77°36'27" EAST 12,36 FEET; THENCE SOUTH 70°55'29" EAST 16.45 FEET; THENCE SOUTH 47°41'12" EAST 748,88 FEET; THENCE SOUTH 34°06'49" EAST 46,63 FEET; THENCE SOUTH 14°16'24" EAST 615,15 FEET; THENCE NORTH 85°59'44" EAST 160,53 FEET; THENCE NORTH 47"06'44" EAST 110,60 FEET; THENCE NORTH 29°11'18" EAST 460,96 FEET; THENCE NORTH 13°56'57" EAST 209,85 FEET: THENCE NORTH 76°19'41" EAST 160,84 FEET: THENCE NORTH 61°43'54" EAST 107,89 FEET; THENCE NORTH 18°58'36" EAST 69,73 FEET; THENCE NORTH 01 °36'49" WEST 34103 FEET: THENCE NORTH 89°06'53" EAST 584.42 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°14'32" EAST 45,99 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05°51 '27" WEST 224,83 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 95,78 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3.79814 FEET THROUGH A CENTRAL ANGLE OF 01°26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°04'45" WEST 95,78 FEET; THENCE LE.A,VING SAID RIGHT-OF-WAY LINE SOUTH 26°31 '54" VI/EST 759,71 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE SOUTH 00°14'33" EAST 1,537,82 FEET: THENCE CONTINUING ALONG SAID LINE SOUTH 00°22'10" EAST 2,34787 FEET: THENCE LEAVING SAID LINE NORTH 89°29'01" EAST 330,00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°22'10" EAST 200,00 FEET: THENCE LEfWING SAID RIGHT-OF-WAY LINE SOUTH 89°29'01" WEST 330,00 FEET TO A POINT ON A LINE LYING 330 FEET WEST OF .'\ND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD: THENCE ALONG SAID LINE FOR THE FOLLOWING::: COURSES: 1, SOUTH 00"22' 1 0" EAST 62,31 FEET: 2, SOUTH OO"30',I}' Ef\ST 2,67423 FEET: 3, SOUTH 00"35'31" ::::i'\ST 2,68453 FEET: 4, SOUTH 00°38'11" EAST 2,610.24 FEET: 5, SOUTH 00 '3D':: -+ =:\ST 199.67 FEET: 6, 227,68 FEE:T ,"-,LONG THE ARC OF A CIRCULf\R CURVE CONCAVE E,A,ST HAVING A RADIUS OF 3,032,95 FEET THROUGH C::NT:=;¡\L,~\NGLE OF 04°18'04" /\ND SE:~,jG SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36" EAST 22763 ::::::;:::: 7, SOUTH 04''':::;:::3 -:::\3: J.0093 FEET 8, SOUTH c:=:o 'py, =.~:3-;- -::>3.53 FEE: - ....;. ~ .f"" ,I Þ\ppend I> Town ~ 1_ 17"~ ·u~ .Ii 9. SOUTH 00°29'16" EAST 1672.20 FEET; THENCE LEAVING SAID LINE SOUTH 89°04'49" WEST 604,79 FEET; THENCE NORTH 47°03'54" WEST 98,67 FEET; THENCE SOUTH 52°55'08" WEST 87,29 FEET: THENCE SOUTH 06°39'26" WEST 102.55 FEET; THENCE SOUTH 71 °24'1 T' WEST 367,36 FEET; THENCE NORTH 19°54'41" WEST 104,73 FEET: THENCE NORTH 43°05'38" WEST 251,09 FEET: THENCE NORTH 11 °04'29" EAST 79,58 FEET; THENCE NORTH 05°51'31" WEST 66.56 FEET; THENCE NORTH 48°52'26" WEST 332.24 FEET: THENCE NORTH 74°56'35" WEST 80,29 FEET: THENCE SOUTH 74°58'06" WEST 235,65 FEET: THENCE SOUTH 51 °40'42" WEST 93,09 FEET; THENCE SOUTH 21°53'05" WEST 241,50 FEET; THENCE SOUTH 77°21 '09" WEST 341,17 FEET; THENCE SOUTH 60°48'05" WEST 79,49 FEET; THENCE NORTH 88°09'54" WEST 265,68 FEET: THENCE SOUTH 89°36'53" WEST 1,996,43 FEET; THENCE 77.48 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1415,00 FEET THROUGH A CENTRAL ANGLE OF 03°08'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°11'35" EAST 77.47 FEET: THENCE SOUTH 00°38'28" EAST 84,34 FEET; THENCE NORTH 90°00'00" WEST 71,80 FEET: THENCE SOUTH 00°38'46" EAST 3,444,22 FEET; THENCE 224,04 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVINGA RADIUS OF 2,721,25 FEET THROUGH A CENTRAL ANGLE OF 04°43'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 °44'02" WEST 223,98 FEET; THENCE SOUTH 04°05'59" WEST 217,57 FEET; THENCE 153.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,277,17 FEET THROUGH A CENTRAL ANGLE OF 03°51'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°10'28" WEST 153,37 FEET; THENCE SOUTH 06°34'56" EAST 1,089,87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY); THENCE ALONG SAID LINE SOUTH 88°54'34" WEST 247,15 FEET TO THE POINT OF BEGINNING, -- - .' ,; CONTAINING 5,026.93 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88°54'34" WEST BY: LANCE 1. MILLER. PS,M. LS#5627 CERTIFICATE OF AUTHORIZATION #LB-43 REF: ,4H-125. SHEETS 1-5 DATE: AUGUST 29, 2003 REVISIONS: 1, OCTOBER 16, 2003 2, MARCH 3, 2004 3, SEPTEMBER 30. 2004 4, FEBRUARY 4, 2005 5, FEBRUARY 24, 2005 ,Appenciix L Town'Jl::¡ ì; -:-h~ T,,"",,\"!n ---<~ '''~.\ 1_....-. ~ ---;'-"'~-"'-""'- "'-_._.,_._,.~~ . 17 D- - October 3, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-2005-AR-8030 Dear Legals: Please advertise the above referenced petition on Sunday, October 9, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER RESOLUTION 170' Notice is hereby given that on Tuesday, October 25, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.: A RESOLUTION AMENDING RESOLUTION NO. 05-234A, THE TOWN OF AVE MARIA SRA TO CORRECT A SCRIVENER'S ERROR RESULTING FROM AN INCORRECT LEGAL DESCRIPTION IN THE TRANSMITTAL COPY OF THE ADOPTED RESOLUTION FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF OIL WELL ROAD, THE WEST SIDE OF CAMP KEAIS ROAD AND APPROXIMATELY 6,000 FEET SOUTH OF IMMOKALEE ROAD (CR-846). THE PROPERTY LIES WITHIN SECTIONS 4-9 & 16-18, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 31-33 TOWNSHIP 47 SOUTH, RANGE 29 EAST. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk ( SEAL) October 3, 2005 'GoiJ~ty~?f-G~ll\lier CLERK OF THE ÙtRCLIIT COURT COLLIER COUNTY!' UR:!\OUSE 3301 TAMIAMI L EÆT , P.O, BOX 4 ~,()44\ NAPLES, FLORIDA~.$,101-3drt4 ~( I ~'yi.~ ~~::' ./ . \ ( ?:--,/ 17D Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Margaret Perry WilsonMiller 3200 Bailey Lane Suite 200 Naples, Florida 34104 Re: Notice of Public Hearing to consider Petition SE-04-AR-8030 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 1:::. ~~h~rxikW, ¡}C Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.ß.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.ß.us -..,,"""'----"'_.."'---"-,..,~., 17U, Heidi R. Rockhold From: Sent: To: Subject: Heidi R. Rockhold Tuesday, October 04,20058:06 AM 'Iegals@naplesnews,com' SE-2005-AR-8030 Attachments: SE-2005-AR-8030 ,doc; SE-2005-AR-8030 ,doc.dot Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005, SE- 2005-AR-8030,dSE- 2005-AR -8030, d oc (29 KB) oc,dot (28 KB.., If you have any questions, please cal!, Thank vou, " Heidi R, Rockhold, Minutes and Records Department 239-774-8411 (heidi, rockholdCf~clerk. collier .fl. us) Heidi Rockhold t7lJ~ Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews,com] Tuesday, October 04,20058:06 AM Heidi R, Rockhold Delivered: SE-2005-AR-8030 Attachments: SE-2005-AR-8030 [2].....'. '. .>" ....~. SE-200S-AR-8030 «SE-2005-AR-8030» Your message To: legals@¿naplesne),vs,com Sul?ject: SE-2005-AR-8030 Sent: Tue, 4 Oct 2005 08:06:29 -0400 was delivered to the following recipient(s): legals on Tue, 4 Oct 2005 08:05:34 -()400 Heidi Rockhold 17º , Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Tuesday, October 04,20058:07 AM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: A TT2442726, txt; SE-2005-AR-8030 tJ D ATT2442726,txt SE-200S-AR-8030 (231 B) This is an automatically generated Delivery Status Not~fication. Your mes,,'age ha.-; been ,)'lIccess/ully relayed to thefollrHving recipients, but the requested delivery status notU,cations may not be generated by the destination. I egals(j~naplesnews. com Heidi Rockhold SE-2005-AR-8030 Heidi R. Rockhold ~~~~~-~~~~~-_.~~~~~ From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Tuesday, October 04,20058:14 AM To: Heidi R. Rockhold Subject: RE: SE-2005-AR-8030 OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi,Rockhold@clerk.collierJI.us] Sent: Tuesday, October 04, 20058:06 AM To: legals@naplesnews.com Subject: SE-2005-AR-8030 Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005, «SE-2005-AR-8030, doc» «SE-2005-AR-8030, doc. dot» If you have any questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi, rockhold@clerk.collierjl. us) 10/412005 Page 1 of 1 17U ;{~ f'i o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B, Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue October 9th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for PUbliCatio)~e said1paper. ( Signa{ure of affiant) Sworn to and subscribed before me This October 9th, 2005 ignature of notary public) B h Harriett us 0 vv COMMISSiON # om~ EXPIRE~ . 24, 200!c ..'. ( r"t...:\!'.:"Ir<Þ>¡o-.'._ ,N ~~Jl CONSIDER RØOLUTION - Notice Is hereby given tlltt on Tuesday octo- i be' 25. J005 fn the I BGard,oom, :Srd Floor, Administration Bulldlno, ·colller CQunty Govern- melrt Center, 3301 East Taml..,,1 trail... Nap'le~1 FtoI'lðå, the Board Of County Çtmmlsslon.... i wilt cónsldtl' the enat:t- ment of a County 01111- nance. The meeting WIll commence.. 9:00 A.M.:·· íMw~'aWSN~"I: ' 234A. THE TOWN 0if!Þi MARIA SRA TO CO A SCRIVENER'S E Raft R£SUL TlNG FROM AN IH- CT L AL ES- I N If1I THE TRANS- MI'L,AI- COpy OF THE AD.....TED RESOLUTION FOR THE PROIIERTY LO- CATED ON. THE NORTH SIDE OF Ou. WELL ROAD, THE WEST SIDE OF CAMP KEAtS ROAD AND APPROXIMATELY 61~OO FEET SOUTH OF 'MMO- KALEE ROAD (CR-846), THE PROPERTY LIES I WITHIN SECTIONS 4-9 & 16·1~r TOWNSHIP 4B i~'ilT"šE~~r 31~fil TÇlWNSHIP 47 SOUTH. RANGE 2é EAST. CORI.. of the prop()$8d OrdInance are on' file with the Clerk to the , Bo~d and are available I for IÌ!SPe<:ijon, All Inter- =.n~'::~:r~~ NOTE: All PII'$Ons wish- Ing to speak on any agenda Item must regis- ter with the County ad- mInistrator frlor to pre- IHII'Itatlon ø the agenda Item t<l be addressed, ¡ IndIvidual speakers will be limited to 5 minutes on any Item. The selec- tion of an Individual to speak on behalf of an organlcatlon or group 15 enco.uraged. If recog- nlzedby the Chairman, a spok.sperson for· a group or organization may be all.otted 10 mln- ~~~ to speak on an hPersons wishing to ave wrlttan or IIrãøhlc materials Inctud.eà In' the eo.d """cia Pack- IIts must submit saId material a minimum of 3 weeks prior to the re- spective public hearing, In an.. cue. written ma- ~ IJ'ltenlSett to " ....... ered by the Board shall be suþmltt.d to the appropriate Cou nty staff a minimum .Qf sev- en days prIor to the public hearing. All ma- terial usee:! In presenta- tion,s before the Board wI! become a perma- nent part of the record, My person who decid- es to appeal a declsi~n of the Board wiN need Ii record of the proceed- IngS, ~rtalnlng,thereto and therefore, may need to eftsure that a verbatim record of the p..t?ceedlngs Is mad.. w"lch r.cord Inctudes the testimony and· evl- :=I~~JICh th..e¡' gOARDOF COUNTY (:~~liNftUNTy.1 FLORIDA FRED W, COYLE. CHAIR- MAN DWIGHT E. BROCK, CLERK By: Heidi R, ROCkhOld' rs~~ Clerk Oct, 9 No, 1241280 I D - MEMORANDUM Date: November 7,2005 To: Raymond V. Bellows, Planner From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005-378 SE Resolution (SE-05-AR-8030) Enclosed please find one copy of the document as referenced above, Agenda Item #17D, approved by the Board of County Commissioners on Tuesday, November 1,2005. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures 1 7D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI¡J, 1 7 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routin order I.Sandra Lea CDES Administration 2. Board of County Commissioners 3. 4. 5, Sue Filson, Execùtive Manager 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Ray Bellows, Zoning Manager Phone Number 403-2463 Contact Agenda Date Item was 8øteèer 25, 20a.s N~~ \ Agenda Item Number 171) Approved by the BCC Type of Document SE Resolution (SE-05-AR-8030) Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials, All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, our deadlines! The document was approved by the BCC on \, ...) (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable, Yes (Initial) N/A (Not A licable) 2. 3, 4, 5, 6, ,~ J¿ -:;J f0 If<3 15 I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26,05, Revised 2,24,05 ~."" 1 70 RESOLUTION NO, 05- 378 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING RESOLUTION NUMBER 05-234A ALSO DESIGNATED AS DEVELOPMENT ORDER NO. 05-01, TO CORRECT A SCRIVENER'S ERROR DUE TO OMISSION OF AN INTENDED REVISION TO EXHIBIT "A," LEGAL DESCRIPTION FOR THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA (SRA), WHEREAS, the Collier County Board of County Commissioners adopted Resolution Number 05-234A also designated as Development Order No. 05-01, on June 14,2005, and; WHEREAS, following said action adopting Resolution Number 05-234A, Planning Staff detennined that the Resolution did not contain the revised Exhibit "A," legal description that was otherwise intended and made part ofthe public hearing and therefore constitutes a scrivener's error, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO EXHIB DESCRIPTION. The legal description of Resolution Number 05-234A is here' . 'T'J-TE LEGAL fÞ6 .. 2 372 scrivener's error by amending said legal description to read as follows: (See Exhibit "A") BE IT RESOLVED that this Resolution relating to Petition Number SE-2005-AR-8D-,v - recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote, , /Ø: I' Done thIS _ "_ day of ¡\/ùYiJ9f(J.ir ,2005, BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ~ W. ( ~ FRED W, COYLE, CHA~N- Patrick G, hite Assistant County Attorney SE-2005-AR-8030/RBlsp Words stmek tlwough are deleted; words underlined are added. Page 1 of 1 Appendix A " '\ 1 70 C.Oíí€C+ L·e3°- _ 5,Q)..lo·Q3 Acr¿s'~ AVE MARIA LEGAL DESCRIPTION DESCRIPTION OF PART OF SECTIONS 4 THROUGH 9AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 4 THROUGH 9AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16: " THENCE NORTH 01°04'07" WEST 150,00 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF. AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY) SAID PÓ'ÍNT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID LINE SOUTH 88°57'06" WEST 354,33 FEET; THENCE LEAVING SAID LINE NORTH 01°07'23" WEST 200,01 FEETTOAPOINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL ROAD; THENCE ALONG SAID LINE SOUTH 88°57'05" WEST 2,215.48 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 88°55'37" WEST 1,128,15 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 89°32'56" WEST 1286,63FEET; THENCE LEAVING SAID LINE NORTH 00°27'04" WEST 1,089,55 FEET; THENCE SOUTH 89°32'56" WEST 242,19 FEET; THENCE SOUTH 89°24'19" WEST 3977.40 FEET; THENCE NORTH 00°01'40" EAST 1280,68 FEET; THENCE NORTH 90°00'00" EAST 1125,68 FEET; THENCE NORTH 00°19'38" WEST 520.46 FEET; THENCE NORTH 09°27'58" EAST 38,31 FEET; THENCE NORTH 14°56'15" EAST 32.59 FEET; THENCE NORTH 59°02'49" EAST 24,49 FEET; THENCE NORTH 68°12'25" EAST 33.93 FEET; THENCE NORTH 73°08'54" EAST 72.42 FEET; THENCE NORTH 69°14'09" EAST 65,14 FEET; THENCE NORTH 61°11'58" EAST 47,93 FEET; THENCE NORTH 56°44'10" EAST 80,38 FEET; THENCE NORTH 54°18'17" EAST 82,75 FEET: THENCE NORTH 51°34'19" EAST 552,31 FEET; THENCE NORTH 12°32'03" EAST 52,12 FEET: THENCE NORTH 16°41'34" WEST 780,99 FEET: THENCE NORTH 38°40'18" WEST 48.27 FEET; THENCE NORTH 55°58'45" WEST 175,13 FEET; THENCE NORTH 78°14'12" WEST 46,21 FEET; THENCE SOUTH 86°41'17" WEST 358,77 FEET: THENCE NORTH 43°16'35" WEST 44.00 FEET; THENCE NORTH 01 °28'53" WEST 584,34 FEET; THENCE NORTH 88°45'30" EAST 2,256,99 FEET: THENCE NORTH 11°31'40" WEST 679,82 FEET: THENCE NORTH 29°57'19" EAST 43,24 FEET; THENCE NORTH 80°03'11" EAST 750,96 FEET; THENCE NORTH 82°05'14" EAST 23,32 FEET; THENCE NORTH 08°45'48" WEST 831,15 FEET; THENCE 82,76 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128,55 FEET THROUGH A CENTRAL ANGLE OF 36°53'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23°30'23" EAST 81,34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149,95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST, HAVING A RADIUS OF 2.15,80 FEET THROUGH A CENTRAL ANGLE OF 39°48'43" SUBTENDED BY A CHORD WHICH BEARS NORTH 22°02'31" EAST 146,95 FEET; THENCE NORTH 02°08'16" EAST 43486 FEET: SE-2005-AR-8029 PROJ ECT #2004070044 DATE: 7/18/05 RAY BELLOWS Appendix /- T0wn Plan The Town or Ave Mana ~.' , -..... y THENCE NORTH 38°40'13" EAST 124,61 FEET; THENCE NORTH 23°55'58" EAST 503,82 FEET; THENCE NORTH 89°19'06" EAST 272,53 FEET; THENCE NORTH 81°10'42" EAST 718,98 FEET; THENCE NORTH 09°56'39" EAST 638,73 FEET; THENCE NORTH 73°36'58" EAST 172,46 FEET; THENCE NORTH 10°53'22" EAST 171,73 FEET; THENCE 327,51 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275,44 FEET THROUGH A CENTRAL ANGLE OF 68°07'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39°53'35" WEST 308,56 FEET; THENCE NORTH 73°57'24" WEST 492,85 FEET; THENCE 313,21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331,73 FEET THROUGH A CENTRAL ANGLE OF 54°05'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90°00'00" WEST 301,71 FEET; " THENCE SOUTH 62°57'04" WEST 506.32 FEET; " , THENCE 155,39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107,24 FEET THROUGH A CENTRAL ANGLE OF 83°01 '31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27°09'30" WEST 142,15 FEET; THENCE SOUTH 14°21'16" EAST 287,88 FEET; THENCE 341,14 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 168,89 FEET THROUGH A CENTRAL ANGLE OF 115°44'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29°11'23" WEST 286.03 FEET; THENCE SOUTH 87"03'24" WEST 81,50 FEET; THENCE SOUTH 19°06'00" WEST 178.46 FEET; THENCE SOUTH 73°34'35" WEST 263,81 FEET; THENCE SOUTH 33°42'00" WEST 81,86 FEET; THENCE SOUTH 51 °52'05" WEST 1,402.28 FEET; THENCE 219,21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 151,50 FEET THROUGH A CENTRAL ANGLE OF 82°54'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°50'28" WEST 200,58 FEET; THENCE SOUTH 18°36'35" EAST 1,047,10 FEET; THENCE 196,86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 170,73 FEET THROUGH A CENTRAL ANGLE OF 66°04'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48°32'34" EAST 186,14 FEET; THENCE SOUTH 81°34'34" EAST 177,10 FEET; THENCE SOUTH 14°02'28" EAST 106,97 FEET; THENCE SOUTH 15°53'24" WEST 33.42 FEET; THENCE SOUTH 72°18'08" WEST 1325,01 FEET; THENCE NORTH 16°22'40" WEST 868,64 FEET; THENCE NORTH 16°02'21" WEST 1,001,63 FEET; THENCE NORTH 15°43'23" WEST 808,63 FEET; THENCE NORTH 14°29'42" WEST 215,30 FEET: THENCE NORTH 02°51'21" WEST 51,77 FEET THENCE NORTH 37°59'19" EAST 51,77 FEET THENCE NORTH 58°24'39" EAST 660,90 FEET; THENCE NORTH 56°56'25" EAST 865,77 FEET; THENCE NORTH 62°27'21" EAST 303,89 FEET; THENCE NORTH 58°11'43" EAST 148,88 FEET THENCE NORTH 66°27'20" EAST 99,67 FEET; THENCE NORTH 79°59'44" EAST 60,67 FEET THENCE NORTH 18°39'40" EAST 212,96 FEET; THENCE NORTH 13°26'09" EAST 80,67 FEET; THENCE NORTH 04°05'14" EAST 65,75 FEET THENCE NORTH 00°47'28" EAST 593,12 FEET THENCE NORTH 05°29'40" EAST 61,18 FEET: THENCE NORTH 20°17'22" EAST 57.43 FEET: THENCE NORTH 51°55'17" EAST 55,07 FEET: THENCE SOUTH 84°48'27" EAST 51.76 FEET THENCE SOUTH 67"53'53" EAST 40.46 FEET. THENCE SOUTH 53°37'33" EAST 55,29 FEET 170 ~ Appendix Tm n Pian -:'.2 -,~\\!11:¡ .'::"ve I\/larra 2. THENCE SOUTH 55°37'37" EAST 158,19 FEET; THENCE SOUTH 66°28'32" EAST 79,22 FEET; THENCE SOUTH 81°19'48" EAST 69,92 FEET; THENCE NORTH 80°53'08" EAST 96,10 FEET; THENCE NORTH 83°09'35" EAST 88.49 FEET; THENCE SOUTH 75°58'08" EAST 57,96 FEET; THENCE SOUTH 45°44'09" EAST 65,43 FEET; THENCE SOUTH 23°12'23" EAST 107.03 FEET; THENCE SOUTH 31°09'29" EAST 124,53 FEET; THENCE SOUTH 36°28'03" EAST 195,13 FEET; THENCE SOUTH 41°49'01" EAST 193,27 FEET; THENCE SOUTH 41°27'57" EAST 187,53 FEET; THENCE SOUTH 50°06'28" EAST 177.12 FEET; THENCE NORTH 86°06'03" EAST 103,33 FEET; THENCE NORTH 82°07'11" EAST 76,87 FEET; THENCE NORTH 58°49'02" EAST61,16 FEET; THENCE NORTH 41°11'10" EAST 266,09 FEET; THENCE NORTH 43°45'15" EAST 203,61 FEET; THENCE NORTH 63°26'06" EAST 230,87 FEET; THENCE NORTH 55°12'54" EAST 17.74 FEET; THENCE NORTH 06°58'17" WEST 40,07 FEET; THENCE NORTH 60°20'46" EAST 94,06 FEET; THENCE NORTH 14°42'46" EAST 42.02 FEET; THENCE NORTH 52°22'08" EAST 29,1 ° FEET; THENCE NORTH 05°13'18" EAST 37,01 FEET; THENCE NORTH 07°13'16" WEST 185,10 FEET; THENCE NORTH 08°55'50" WEST 66,36 FEET; THENCE NORTH 08°35'26" WEST 70,11 FEET; THENCE NORTH 03°30'28" EAST 24,24 FEET; THENCE NORTH 09°22'28" EAST 32,62 FEET; THENCE NORTH 32°03'11" EAST 61,35 FEET; THENCE NORTH 41°59'52" EAST 54,16 FEET: THENCE NORTH 46°38'59" EAST 44,15 FEET; THENCE NORTH 40°19'34" EAST 80.40 FEET; THENCE NORTH 39°30'46" EAST 42.43 FEET; THENCE NORTH 52°07'39" EAST 71,16 FEET; THENCE NORTH 60°17'11" EAST 55,95 FEET; THENCE NORTH 68°43'34" EAST 63,02 FEET; THENCE NORTH 86°12'19" EAST 41,51 FEET; THENCE SOUTH 75°32'58" EAST 74,98 FEET: THENCE NORTH 78°55'50" EAST 42,97 FEET; THENCE NORTH 69°31 '07" EAST 36,80 FEET; THENCE NORTH 75°37'20" EAST 34,34 FEET; THENCE SOUTH 72°08'39" EAST 57.43 FEET: THE~CE SOUTH 56°52'50" EAST 70.22 FEET; THENCE SOUTH 56°52'18" EAST 99,31 FEET; THENCE SOUTH 70°35'59" EAST 56,76 FEET; THENCE SOUTH 85°12'15" EAST 70,23 FEET; THENCE NORTH 85°47'37" EAST 52,90 FEET; THENCE NORTH 77°16'18" EAST 51,33 FEET; THENCE NORTH 64°20'23" EAST 9,49 FEET; THENCE NORTH 23°58'25" EAST 60,47 FEET; THENCE NORTH 39°27'42" EAST 136,06 FEET: THENCE NORTH 18°12'03" EAST 123,70 FEET: THENCE NORTH 16°26'30" WEST 137.54 FEET; THENCE NORTH 45°55'34" WEST 133,51 FEET; THENCE NORTH 84°43'21" WEST 101,26 FEET; THENCE SOUTH 87°06'53" WEST 375,05 FEET; THENCE SOUTH 86°31'55" WEST 296,36 FEET: THENCE NORTH 02°29'11" WEST 25,06 FEET; -, ~' 1 Zll - . ," [ Appendix Town Plan -:-he Town of :'we Mana v THENCE SOUTH 85°19'00" WEST 63,79 FEET; THENCE SOUTH 87°01'35" WEST 57,73 FEET; THENCE NORTH 85°14'11" WEST 27,05 FEET; THENCE NORTH 86°11'09" WEST 22.51 FEET; THENCE NORTH 71 °01 '47" WEST 25,34 FEET; THENCE NORTH 74°57'44" WEST 25,97 FEET; THENCE NORTH 80°42'24" WEST 41.73 FEET; THENCE NORTH 77°00'19" WEST 49,95 FEET; THENCE NORTH 78°26'56" WEST 104,70 FEET; THENCE NORTH 78°45'16" WEST 195.82 FEET: THENCE NORTH 79°21'51" WEST 81.14 FEET; THENCE NORTH 76°30'15" WEST 38,50 FEET; THENCE NORTH 70°33'36" WEST 13.50 FEET; THENCE NORTH 53°58'21" WEST 10,18 FEET: THENCE NORTH 53°58'22" WEST 10,18 FEET; THENCE NORTH 43°09'08" WEST 16.42 FEET; THENCE NORTH 34°52'31" WEST 30,12 FEET; THENCE NORTH 37"08'48" WEST 31,00 FEET; THENCE NORTH 45°00'00" WEST 37,06 FEET; THENCE NORTH 43°28'45" WEST 29,92 FEET; THENCE NORTH 52°29'45" WEST 40,59 FEET; THENCE NORTH 53°28'16" WEST 25.16 FEET; THENCE NORTH 69°51 '49" WEST 23,93 FEET; THENCE NORTH 72°53'50" WEST 40.74 FEET; THENCE NORTH 74°38'02" WEST 101.72 FEET: THENCE NORTH 76°25'14" WEST 79.73 FEET; THENCE NORTH 73°50'34" WEST 83.41 FEET; THENCE NORTH 77°16'32" WEST 71,39 FEET; THENCE NORTH 70°44'15" WEST 32,62 FEET: THENCE NORTH 75°44'50" WEST 240,26 FEET; THENCE SOUTH 76°22'29" WEST 54,20 FEET: THENCE NORTH 75°46'41" WEST 12,81 FEET: THENCE NORTH 78°06'45" WEST 243,02 FEET; THENCE SOUTH 87"32'28" WEST 438.43 FEET: THENCE SOUTH 86°36'21" WEST 1,109,58 FEET: THENCE NORTH 77°00'11" WEST 142,86 FEET: THENCE SOUTH 17"30'03" WEST 10,94 FEET; THENCE SOUTH 21 °30'05" EAST 36,63 FEET THENCE SOUTH 30°57'50" WEST 6,02 FEET: THENCE NORTH 73°10'43" WEST 139,18 FEET: THENCE NORTH 11°46'06" WEST 25,32 FEET: THENCE NORTH 05°42'38" WEST 20,76 FEET: THENCE NORTH 04°23'55" WEST 13.47 FEET: THENCE NORTH 50°11 '40" WEST 8,07 FEET: THEf?JCE NORTH 83°59'28" WEST 19,73 FEET: THENCE NORTH 84°57'27" WEST 35.25 FEET: THENCE NORTH 83°49'48" WEST 38.44 FEET: THENCE NORTH 80°44'23" WEST 96.27 FEET: THENCE NORTH 79°48'04" WEST 449,12 FEET THENCE NORTH ïT49'57" WEST 284,20 FEET: THENCE NORTH 83°39'35" WEST 93,52 FEET: THENCE NORTH 87"39'46" WEST 101,30 FEET: THENCE NORTH 84°25'40" WEST 85,09 FEET: THENCE NORTH 77°28'16" WEST 95,22 FEET THENCE NORTH 77°23'45" WEST 170,38 FEET THENCE NORTH 75'57'50" WEST 76,65 FEET: THENCE NORTH 69°26'38" WEST 35,30 FEET: THENCE NORTH 69°46'31" WEST 41.82 FEET THENCE NORTH ~8'.18'50" WEST 43,91 FEET THENCE NORTH .16'~443"WEST 134.40 FEET ~ -..--- ~_._- --;: 1 7D> -·-0- / ,/ Appendix I Town :JI::¡ ì' ; - ,- ',:" -. (. THENCE NORTH 43°58'24" WEST 611,34 FEET; THENCE NORTH 45°00'00" WEST 338,85 FEET; THENCE NORTH 44°41'45" WEST 412,62 FEET; THENCE NORTH 43°26'06" WEST 267,38 FEET; THENCE NORTH 46°27'29" WEST 200,89 FEET; THENCE NORTH 66°02'14" EAST 12.72 FEET: THENCE NORTH 81°52'12" EAST 18.83 FEET; THENCE NORTH 03°20'45" EAST 73,83 FEET; THENCE SOUTH 85°25'42" WEST 6.48 FEET; THENCE NORTH 90°00'00" WEST 10,84 FEET; THENCE SOUTH 70°27'48" WEST 16,99 FEET; THENCE SOUTH 56°18'36" WEST 14,89 FEET; THENCE SOUTH 75°57'49" WEST 17,03 FEET; THENCE SOUTH 87°16'25" WEST 10,86 FEET; THENCE NORTH 59°20'58" WEST 16,21 FEET; THENCE NORTH 35°32'16" WEST 17,77 FEET: THENCE NORTH 26°33'54" WEST 17,32 FEET; THENCE NORTH 16°11'21" WEST 16,67 FEET; THENCE NORTH 01°52'04" WEST 47,53 FEET; THENCE NORTH 00°05'16" WEST 336,69 FEET; THENCE NORTH 00°29'38" WEST 299,52 FEET; THENCE NORTH 00°56'29" WEST 220.01 FEET: THENCE NORTH 00°52'19" EAST 237,57 FEET; THENCE NORTH 00°46'52" WEST 113,62 FEET: THENCE NORTH 00°00'00" EAST 13.43 FEET; THENCE NORTH 14°02'10" EAST 8,52 FEET; THENCE NORTH 45°00'00" EAST 5,84 FEET; THENCE NORTH 71°33'54" EAST 9,80 FEET; THENCE NORTH 82°24' 19" EAST 15,63 FEET: THENCE SOUTH 89°12'02" EAST 222,07 FEET: THENCE SOUTH 86°36'31" EAST 69,83 FEET: THENCE SOUTH 82°38'52" EAST 32.28 FEET; THENCE SOUTH 70°49'16" EAST 25,15 FEET: THENCE SOUTH 60°38'32" EAST 18,96 FEET: THENCE SOUTH 62"44'41" EAST 38,34 FEET: THENCE SOUTH 73°08'30" EAST 35,61 FEET; THENCE SOUTH 87"42'34" EAST 25,84 FEET; THENCE NORTH 86"18'31" EAST 32,08 FEET: THENCE NORTH 74°58'54" EAST 43,84 FEET: THENCE NORTH 66"16'18" EAST 51,33 FEET: THENCE NORTH 56°01'25" EAST 57.29 FEET: THENCE NORTH 52°34'43" EAST 17166 FEET: THENCE NORTH 43°53'54" EAST 75,96 FEET: THENCE NORTH 36°37'1 T' EAST 47.61 FEET: THENCE NORTH 35°48'12" EAST 77,68 FEET: THENCE NORTH 30°21'29" EAST 83,78 FEET: THENCE NORTH 22"37'12" EAST 67,13 FEET: THENCE NORTH 13"36'02" EAST 32,94 FEET: THENCE NORTH 14"28'13" EAST 66,13 FEET: THENCE NORTH 10°57'15" EAST 65.22 FEET: THENCE NORTH 11" 18'36" EAST 21.06 FEET: THENCE NORTH 16°4n8" EAST 10,78 FEET: THENCE NORTH 45'00'00" EAST 1 0,22 FEET: THENCE NORTH 58°23'33" EAST 15.76 FEET: THENCE NORTH l34"39'14' EAST 21.ì1 FEET: THENCE NORTH ôì'-17'.1T EAST 163.98 FEET: THENCE NŒHH 64'59'39" E,<\ST 16125 FEET THENCE ~JORTH ,3:::2' ~ r :::,<\ST 18.04 FEET THENCE ~JORTH -; '~3'=O" '::AST 28,;0 FEE: THENCE ~ICRT:- "~::-'O ::.o.\ST 1446 FEE: '"-,.,~--~~ ..,;"'. 1.70 ;" " Apper:C!lx ,. . r-'I'~. ~ .... ;.......J , -, "' ~ ;...., 5 . I"' . tJ rl.ì · -~ 1 ~ 7(» THENCE NORTH 88°18'55~ EAST 35,13 FEET: THENCE SOUTH 88°36'10" EAST 42,36 FEET; THENCE NORTH 90°00'00" EAST 28,92 FEET; THENCE SOUTH 82°45'4T EAST 16.40 FEET; THENCE SOUTH 61°55'39" EAST 17,73 FEET; THENCE NORTH 69°34'35~ EAST 118,02 FEET; THENCE NORTH 81 °56'55" EAST 17,06 FEET; THENCE NORTH 86°43'15" EAST 124,39 FEET; THENCE NORTH 13°46'19" WEST 328,58 FEET; THENCE NORTH 70048'OT EAST 76,21 FEET: THENCE NORTH 54°29'06" EAST 37,97 FEET; THENCE NORTH 21 °53'45" WEST 54.48 FEET; THENCE NORTH 70°47'14" EAST 77.55 FEET; THENCE NORTH 71°02'31" EAST 35,61 FEET; THENCE NORTH 72°16'21" EAST 131,70 FEET; THENCE NORTH 72°04'43" EAST 126.98 FEET; THENCE NORTH 73°13'18~ EAST 106.86 FEET; THENCE NORTH 71°11'17~ EAST 74,14 FEET; THENCE NORTH 68°33'08" EAST 30,93 FEET; THENCE NORTH 71°33'54" EAST 17,88 FEET; THENCE NORTH 81°15'14" EAST 13.52 FEET: THENCE SOUTH 83°05'20" EAST 17,09 FEET; THENCE SOUTH 47°43'35" EAST 15,29 FEET; THENCE SOUTH 37"20'58" EAST 24,58 FEET; THENCE SOUTH 16°38'20" EAST 46,68 FEET; THENCE SOUTH 24°10'17~ EAST 35,78 FEET: THENCE SOUTH 21°52'45~ EAST 70,36 FEET: THENCE SOUTH 34°33'45" EAST 28,09 FEET; THENCE SOUTH 47"26'12" EAST 34.20 FEET: THENCE SOUTH 52°25'53" EAST 8.43 FEET: THENCE SOUTH 71°33'54" EAST 9,75 FEET; THENCE SOUTH 85°01'49" EAST 11,87 FEET; THENCE SOUTH 87"08'15" EAST 20,59 FEET: THENCE SOUTH 88°25'50" EAST 37,54 FEET: THENCE NORTH 87°33'48" EAST 48,37 FEET; THENCE SOUTH 89°35'00" EAST 141,38 FEET; THENCE NORTH 89°06'34" EAST 99,23 FEET: THENCE NORTH 84°31'51" EAST 48,55 FEET: THENCE NORTH 82°20'00" EAST 26,97 FEET: THENCE NORTH 79°46'40" EAST 31,87 FEET: THENCE NORTH 76°27'51" EAST 28.56 FEET: THENCE NORTH 70°23'45" EAST 39,84 FEET; THENCE NORTH 70°48'11" EAST 134.46 FEET; THENCE NORTH 70°37'19" EAST 79,02 FEET: THE~CE NORTH 66°32'28" EAST 29,70 FEET: THENCE NORTH 57"49'44" EAST 37,66 FEET: THENCE NORTH 53°21 '57" EAST 74,96 FEET: THENCE NORTH 54°24'59" EAST 148,87 FEET: THENCE NORTH 50°50'35" EAST 203,54 FEET; THENCE NORTH 48°43'53" EAST 33,52 FEET: THENCE NORTH 32°23'52" EAST 31,67 FEET: THENCE 334,86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70°24'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06°25'03" WEST 314,18 FEET; THENCE NORTH 41°37'27" WEST 133,18 FEET: THENCE 184,60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573,36 FEET THROUGH CENTRAL ANGLE OF 18°26'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50°50'52" WEST 183,80 FEET; THENCE NORTH 60°04'16" WEST 149,32 FEET: THENCE 4434 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING , I ,I Appendix ;. 70wn Pian -~l(~ TO\'/rl ,:T':..ve '-'1..:::-:.: b .. 1 70'c A RADIUS OF 29.99 FEET THROUGH A CENTRAL ANGLE OF 84°41'37" AND BEING SUBTENDED BY A CHORD, ',_ WHICH BEARS NORTH 17°43'30" WEST 40,41 FEET; THENCE NORTH 24°37'19" EAST 671,69 FEET; THENCE NORTH 23°58'37" EAST 211.35 FEET; THENCE NORTH 27°45'05" EAST 100,63 FEET; THENCE NORTH 34°51'48" EAST 129,90 FEET; THENCE NORTH 36°14'23" EAST 119,58 FEET; THENCE NORTH 39°15'14" EAST 61,92 FEET; THENCE NORTH 30°37'48" EAST 96,80 FEET; THENCE NORTH 31°09'42" EAST 136,09 FEET; THENCE NORTH 31°57'25" EAST 103.02 FEET; THENCE NORTH 32°39'03" EAST 134,08 FEET; THENCE NORTH 28°32'24" EAST 53,34 FEET; THENCE NORTH 31°15'49" EAST 35,90 FEET; THENCE NORTH 36°52'12" EAST 24,66 FEET; THENCE NORTH 53°49'13" EAST 22,74 FEET; THENCE NORTH 59°30'01" EAST 46.43 FEET; THENCE NORTH 58°16'35" EAST 70,87 FEET; THENCE NORTH 46°49'06" EAST 48,85 FEET; THENCE NORTH 34°36'20" EAST 66,58 FEET; THENCE NORTH 36°23'58" EAST 266,89 FEET; THENCE NORTH 35°28'00" EAST 51,47 FEET; THENCE NORTH 24°13'40" EAST 48,08 FEET; THENCE NORTH 20°29'50" EAST 62,60 FEET: THENCE NORTH 17°32'36" EAST 44,54 FEET; THENCE NORTH 11°02'07" EAST 134,56 FEET; THENCE NORTH 09°20'41" EAST 65,81 FEET: THENCE NORTH 08°49'13" EAST 32,16 FEET; THENCE NORTH 02°07'16" WEST 14,81 FEET; THENCE NORTH 19°58'59" WEST 12,83 FEET; THENCE NORTH 29°55'53" WEST 20,87 FEET; THENCE NORTH 45°00'00" WEST 56,96 FEET; THENCE NORTH 48°51'56" WEST 57.48 FEET: THENCE NORTH 42°38'48" WEST 28,31 FEET; THENCE NORTH 38°47'48" WEST 35,86 FEET; THENCE NORTH 43°25'04" WEST 39,03 FEET; THENCE NORTH 36°22'11" EAST 30,93 FEET; THENCE NORTH 23°54'19" EAST 139,67 FEET; THENCE SOUTH 66°53'26" EAST 241.46 FEET; THENCE SOUTH 64°45'28" EAST 263.29 FEET; THENCE SOUTH 71°18'47" EAST 57,07 FEET; THENCE SOUTH 85°07'33" EAST 50,51 FEET; THENCE NORTH 81°05'07" EAST 75,18 FEET; THENCE NORTH 81°43'21" EAST 63.88 FEET: THENCE NORTH 84°57'08" EAST 36,24 FEET: THENCE SOUTH 86°25'39" EAST 63,61 FEET: THENCE SOUTH 81°31'21" EAST 262,28 FEET; THENCE SOUTH 88°08'03" EAST 273,99 FEET; THENCE NORTH 80°58'13" EAST 327,79 FEET: THENCE NORTH 67"50'56" EAST 252,22 FEET; THENCE NORTH 81°02'01" EAST 819,65 FEET: THENCE NORTH 81°42'41" EAST 310,84 FEET: THENCE SOUTH 65°34'43" EAST 80,72 FEET: THENCE NORTH 89°59'47" EAST 219,16 FEET: THENCE NORTH 82°42'28" EAST 41,19 FEET: THENCE NORTH 58°02'38" EAST 138,72 FEET: THENCE NORTH 41°09'18" EAST 91,38 FEET: THENCE NORTH 73°57'36" EAST 83,05 FEET: THENCE NORTH 84 °51 '58" EAST 305,34 FEET: THENCE NORTH 86°38'43" EAST 343,90 FEET: ~ ," Appendix ,D J ~c'\¡rJI,'ìil ì The Town cf:\ve '\1ana " 1 ? D~:'- THENCE NORTH 87"28'42" EAST 503.72 FEET; THENCE NORTH 88°46'01" EAST 328.07 FEET: THENCE NORTH 37"30'20" EAST 357,69 FEET: THENCE NORTH 15°32'08" EAST 149,51 FEET; THENCE NORTH 86°55'36" EAST 261.44 FEET: THENCE NORTH 72°53'31" EAST 576,59 FEET; THENCE NORTH 50°45'14" EAST 202,55 FEET; THENCE NORTH 87"14'14" EAST 314,60 FEET; THENCE SOUTH 76°38'32" EAST 143,08 FEET; THENCE NORTH 89°49'43" EAST 1,054,71 FEET: THENCE SOUTH 75°20'32" EAST 42,85 FEET; THENCE SOUTH 41°43'41" EAST 38.04 FEET: THENCE SOUTH 59°44'48" EAST 101.86 FEET; THENCE SOUTH 82°56'38" EAST 71,89 FEET; THENCE NORTH 76°31 '27" EAST 68,87 FEET; THENCE NORTH 60°32'45" EAST 175,39 FEET; THENCE NORTH 78°18'10" EAST 41,23 FEET; THENCE NORTH 89°28'30" EAST 480.22 FEET; THENCE NORTH 82°52'57" EAST 82,50 FEET; THENCE NORTH 59°26'48" EAST 47,53 FEET: THENCE NORTH 7r36'27" EAST 12,36 FEET: THENCE SOUTH 70°55'29" EAST 16.45 FEET; THENCE SOUTH 47"41'12" EAST 748,88 FEET; THENCE SOUTH 34°06'49" EAST 46,63 FEET; THENCE SOUTH 14°16'24" EAST615,15 FEET: THENCE NORTH 85°59'44" EAST 160,53 FEET: THENCE NORTH 47"06'44" EAST 110,60 FEET; THENCE NORTH 29°11'18" EAST 460,96 FEET; THENCE NORTH 13°56'57" EAST 209,85 FEET: THENCE NORTH 76"19'41" EAST 160,84 FEET: THENCE NORTH 61"43'54" EAST 107,89 FEET: THENCE NORTH 13°58'36" EAST 69,73 FEET: THENCE NORTH 01"36'49" WEST 34103 FEET: THENCE NORTH 89"06'53" EAST 58442 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°14'32" EAST 45,99 FEET: THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05°51 '27" WEST 224.83 FEET: THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 95,78 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3.798,14 FEET THROUGH A CENTRAL ANGLE OF 01°26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°04'45" WEST 95,78 FEET: THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 26"31'54" 'NEST 759,71 FEET TO A POINT ON A LINE LYING 330 FEET WEST2F ¡\ND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID LINE SOUTH 00'14'33" EAST 1,537,82 FEET: THENCE CONTINUING ALONG SAID LINE SOUTH 00"22'10" EAST 2,34787 FEET: THENCE LEAVING Si\ID LINE NORTH 89°29'01" EAST 330.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID Cr\MP KEIAS ROAD (80 FOOT RIGHT,OF-WAY): THENCE ,ê\LCNG SAiD RIGHT-OF,WAY LINE SOUTH 00°22'10" Ef\ST 200,00 FEET: THENCE LE"WING SAID RIGHT-OF-WAY LINE SOUTH 89"29'01" WEST 330,00 FEET TO A POINT ON A LINE LYING 330 FEET WEST CF,ND PARALLEL WITH THE ',VEST RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD: THENCE ALONG SAID LINE FOR THE FOLLOWING" COURSES 1, SOUTH 00:2' ¡I.)" EA,ST 6231 FEET 2, SOUTH tJO'::O' ¡ ,', '::/\ST 2,67423 FEET 3, SOUTH 0035'2 ¡ :::\ST 2,68453 FEET 4, SOUTH 00':;81,' E;\ST 2,61024 FEET 5, SOUTH 00 30''-''+ '::\3T 199.67 FEE' 6. 227,68 FE=:~.LCNG ,HE /\RC OF.A CiRCLJU\R--=CJRIJE CONCrWE =AST HAVING A RADIUS OF 3,032,95 FEET THROUGH CEr'ri'~\L ',NGLE OF \14'1804\ND EE';~~ ..3UBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36" EAST 227,63 CE::T 7, SOUTH C-+ "") - .' -:,',STi0093 FE::: 8, SOUTHl'::"c :·:::-~:3~3F¡::ET ... ,,¡ "openr11\' 1'-\ I ¡ ; l¡ ,\ ,.- '7'0 \.\1 r~ -! - , "'i ...~--'_.- 9, SOUTH 00°29'16" EAST 1672,20 FEET; THENCE LEAVING SAID LINE SOUTH 89°04'49" WEST 604,79 FEET; THENCE NORTH 47"03'54" WEST 98,67 FEET; THENCE SOUTH 52°55'08" WEST 87,29 FEET; THENCE SOUTH 06°39'26" WEST 102,55 FEET; THENCE SOUTH 71 °24'17" WEST 367,36 FEET; THENCE NORTH 19°54'41" WEST 104,73 FEET; THENCE NORTH 43°05'38" WEST 251,09 FEET; THENCE NORTH 11 °04'29" EAST 79,58 FEET; THENCE NORTH 05°51'31" WEST 66,56 FEET; THENCE NORTH 48°52'26" WEST 332,24 FEET; THENCE NORTH 74°56'35" WEST 80,29 FEET; THENCE SOUTH 74°58'06" WEST 235,65 FEET; THENCE SOUTH 51 °40'42" WEST 93,09 FEET; THENCE SOUTH 21°53'05" WEST 241,50 FEET; THENCE SOUTH 77"21 '09" WEST 341.17 FEET; THENCE SOUTH 60°48'05" WEST 79.49 FEET; THENCE NORTH 88°09'54" WEST 265,68 FEET; THENCE SOUTH 89°36'53" WEST 1,996.43 FEET; THENCE 77.48 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1415.00 FEET THROUGH A CENTRAL ANGLE OF 03°08'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°11'35" EAST 77.47 FEET; THENCE SOUTH 00°38'28" EAST 84,34 FEET; THENCE NORTH 90°00'00" WEST 71,80 FEET; THENCE SOUTH 00°38'46" EAST 3,444,22 FEET; THENCE 224,04 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,721.25 FEET THROUGH A CENTRAL ANGLE OF 04°43'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01°44'02" WEST 223,98 FEET; THENCE SOUTH 04°05'59" WEST 217,57 FEET; THENCE 153.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2.277,17 FEET THROUGH A CENTRAL ANGLE OF 03°51 '35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°10'28" WEST 153,37 FEET; THENCE SOUTH 06°34'56" EAST 1,089,87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-OF-WAY): THENCE ALONG SAID LINE SOUTH 88°54'34" WEST 247,15 FEET TO THE POINT OF BEGINNING. 1 7-D ,. CONTAINING 5,026,93 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88°54'34" WEST BY: LANCE T. MILLER. P,S,M, LS#5627 CERTIFICATE OF AUTHORIZATION #LB-43 REF: 4H-125, SHEETS 1-5 DATE: AUGUST 29, 2003 REVISIONS: 1, OCTOBER 16, 2003 2, MARCH 3, 2004 3, SEPTEMBER 30, 2004 4, FEBRUARY 4, 2005 5, FEBRUARY 24, 2005 .Appencix .J o'.vn - j - .~ " ~ì ::::. ;)\\11 : -: ~<: o¡ .-....'""-.----"..--. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS '~ .....*' ..,»;. To: Clerk to the Board: Please place the following as a: X N ormallegal Advertisement (Display Adv., location, etc,) o Other: ********************************************************************************************************** Originating DeptJ Div: CDES/ Impact Fee Administration Person: Amy Patterson Date: October 10, 2005 Petition No, (If none, give brief descrip¡.ion): ""'If\ ¥-rOt S +n..t c..hA. re. Petitioner: (Name & Address): . t. iAdVQflc,ed Brc~ch:tlr)d tn~+Me.rr\- pro S ("' A--1"V\ Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing, October 25. 2005 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o ~er o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE V OF CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM; PROVIDING FOR ADDITIONAL APPLICATION REQUIREMENTS AND CRITERIA FOR PARTICIPATION IN THE PROGRAM THAT ARE CONSISTENT WITH THE OTHER ECONOMIC INITIATIVES SET FORTH IN CHAPTER 49; PROVIDING FOR A CLARIFICATION RELATED TO ELIGmLE REPAYMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition( s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes; what account should be charged for advertising costs: 131-138902-649100 Rev~wed by: 0" ltd;(¡:' I- .'.. ?ul-{l~ 10-10' -OS Date List Attachments: 1. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, *********************************************************************************************************** FORCLERK'SOFFICEUS~~f.L!I'""\c=... . _I ^_ Lr tr-./IIIL Date Received: ~ Date of Public hearing: ~ Date Advertised: ¥f5 ORDINANCE NO. 2005 -_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE V OF CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM; PROVIDING FOR ADDITIONAL APPLICATION REQUIREMENTS AND CRITERIA FOR PARTICIPATION IN THE PROGRAM THAT ARE CONSISTENT WITH THE OTHER ECONOMIC INITIATIVES SET FORTH IN CHAPTER 49; PROVIDING FOR A CLARIFICATION RELATED TO ELIGIBLE REPAYMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE 1 7 F ". WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida, adopted Ordinance No, 2003-59, establishing an Advanced Broadband Infrastructure Investment Program to enhance Collier County's economic expansion and diversification efforts; and WHEREAS, Chapter 49 of the Collier County Code of Laws and Ordinances sets forth four Economic Development Programs, known as the Fee Payment Assistance Program, the Job Creation Investment Program, the Property Tax Stimulus Program, as well as the Advanced Broadband Infrastructure Investment Program; and WHEREAS, the Advanced Broadband Infrastructure Investment Program does not have same application or eligibility requirements as the other three programs; and WHEREAS, the Board has directed that the Advanced Broadband Infrastructure Investment Program should have similar application and eligibility requirements as the other three programs; and WHEREAS, the proposed requirements and clarifications will not adversely effect the Advanced Broadband Infrastructure Investment Program; and WHEREAS, enactment of this ordinance will be in the public interest and serve a valid public purpose by adding necessary requirements and criteria to ensure the accurate implementation and award of incentives to the Advanced Broadband Infrastructure Investment Program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Chapter 49, ECONOMIC DEVELOPMENT, Article V, ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: ARTICLE V. ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM Section 49-50. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Page 1 of7 Underlined text is added; stnIGk through text is deleted, 17F ~ Section 1(t) of the Florida Constitution as may be implemented by an intergovernmental or interJocal agreement. Section. 49-51. Purpose, The purpose of this article is to: (1) establish an advanced broadband infrastructure investment program for the purpose of enhancing Collier County's economic diversification efforts; (2) provide for the economic wel1 being of Collier County residents by providing better opportunities for high-wage employment in Collier County; (3) lessen the seasonal cycle of Co1lier County's economy; and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the county's tax base, Section 49·52. Specific Definitions When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise: ~) ill "Advanced broadband infrastructure" means the components of network architecture consisting of physical cable plant and/or a wireless technology platform and associated customer premise end equipment (CPE) and structured wiring required to support broadband data transfer, which can provide mechanisms for providing specified quality of service (QoS) levels specified by the end user, fB ill "Average wage" is the annual rate paid to private-sector employees within Collier County, from highest to lowest divided by number of persons employed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annual1y based on figures released by the Florida Agency for Workforce Innovation, ~ ill "Broadband" means high speed digital data rate transfer typically associated with digital data rates of 10 megabits per second and higher; broadband is capable of accommodating all media, including voice, data, and video transfer, (4) "Customer premise equipment (CPE)" means the electronic equipment located on the premises of the end user required to support advanced broadband services, (5) "Eastern Collier County" is that area of unincorporated Col1ier County that includes those parcels of land immediatelv adjacent to. and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Communitv, (6) "HÍJlh imvact" is that designation given to qualifYing economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community, Page 2 of? Underlined text is added; struGk through text is deleted, fé1ill "Quality of service (QoS)" means those requirements determined by applications employed by the end user, "Rural Federal Entervrise Community" is that iurisdiction so designated bv the D,S, Department of Agriculture as a multi-iurisdictional entity including Immokalee (census tracts 112,04. 112,05. 113. 114). parts of Hendrv County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries. a designation bv the State of Florida. pursuant "hioh 1 7 F If. (8) to F,S, §§ 290,001--290,016, ~m "Structured wiring" means the cable network located within a customer's premises that is required to deliver advanced broadband services, (10) "Ta,¡œted industry" is one that is aggressively pursued for relocation to, or expansion within. the local iurisdiction bv the Economic Development Council of Collier County, It may include, but is not limited to the following industries: aviation. infonnation. technology. biomedical. manufacturing. corporate headquarters. research and development. wholesale trade and distribution. and companies locating or expanding within the Immokalee Rural Federal Enterprise Community, Section 49-53. Advanced broadband infrastructure investment program. (a) General requirements, Pursuant to the provisions set forth in this section, the county establishes an advanced broadband infrastructure investment program providing payments (hereinafter the "payment") to offset the costs associated with the installation or upgrade of advanced broadband infrastructure in commercial and industrial buildings to encourage the relocation and/or expansion of high-wage targeted industries, The payment is a local option economic incentive for new or upgraded advanced broadband infrastructure projects that may be approved at the sole discretion of the board. (1) Application process, Any business owner seeking eligibility through the advanced broadband infrastructure investment program will file an application with the county manager requesting participation in the program, The application will be filed prior to the business owner making the decision to invest in the advanced broadband infrastructure. The application must contain the following: a, The name and address of the business owner; and Page 3 of7 Underlined text is added; EtnlCk thrGbI§h text is deleted, 17F "-' ,. í_ b A current and complete legal description of the site upon which the project is proposed to be located; and c, The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and d, The total cost incurred by the business to enable broadband services, including but not limited to: a) charges assessed by the service provider for establishing and/or extending the service provider's broadband infrastructure, and b) customer premise equipment and structured wiring required to support broadband services; and e, The date (month and year) when the project will be substantially complete~; and f, The number of fuJI-time employee positions to be created and retained as a result of the project; and g, The average wage of those positions created and retained: and h. The total capital investment of the expansion or relocation project, including: land. building and equipment costs, (2) Agreement, If the proposed project meets the requirements under the advanced broadband infrastructure investment program as set forth in this article, the board may approve an agreement granting participation by, and payments to, a business owner, No precedent is to be implied or inferred by such payments to a new or expanding business, Applications for participation will be considered by the board on a case-by-case basis for each application, Section 49-54. Implementation. (a) The total value of payments to be approved under this advanced broadband infrastructure investment program will be the cost of the eligible business project's system installation or upgrade, up to a maximum of $25,000,00, The business is eligible to be paid an amount not to exceed $8,400,00 per year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the county manager. Page 4 of 7 Underlined text is added; strlJck thmlJ§ll:1 text is deleted, 17F .~ (b) The eligible business will notify the county manager, in writing, once the broadband infrastructure installation is complete, The county manager will verify project completeness and obtain a copy of all invoices detailing costs related to such project. The business will pay, or have already paid, its tax bill in full to the tax collector's office annually on or before the date it is finally due, Under this program, applicants are not eligible to pay their taxes on an installment basis, The applicant will then submit a copy of their ad valorem tax payment receipt to the county manager verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this program. Upon receipt, and verification of compliance with the terms of this article and corresponding approved agreement, payment to the applicant will be authorized within 60 days, (c) Improvements to real property made before the board approves the initial agreement application described belew above will not be eligible for payment. Additionally, payment will only be based upon the amount of broadband infrastructure expenditures, as set forth above, (d) The eligible business under the advanced broadband infrastructure investment program must enter into an advanced broadband infrastructure investment program agreement (the agreement) with the county, and the agreement must provide for, at a minimum, the following and include any provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the project or development. (2) Neither the requirement for payment nor the agreement providing for such payment, may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the county, Approved agreements will run with the land, (3) Approved agreements must be recorded in the official records of Collier County at no cost to the county, (e) If the property which is subject to an approved agreement is delinquent in the payment of its annual taxes or special assessments at any time within the payment period, then any outstanding balance to be paid under this advanced broadband infrastructure investment program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in ful1. Page 5 of? Underlined text is added; str\Jck through text is deleted, 17F ,. (0 Criteria, ,A.R eligible projeet uRder this progrlHÐ is ORe that meets the f-allswiag oriteria: (1) Is lsoateà OR eoæmeæially or inoostrially ¿sfl6à p£-eperty iR Collier CÐ1:lRty where a b1:lsiness awner: a, Coftst:niets a fte'^, esmæereial or industrial àevelspmeRt f-ar the pl:l1'f!Ðse of le8siRg ar selling those pareels sf 1811.(:1; or b, Csftstr1:lets a Dew bl:lildiftg or £-eftovates Ðr exp¡¡¡:¡ds an existiftg bl:lilàing; 8ftà (2) That btisiftess Ð',yRer uses sr leases sReh develo3FReRt ar bRilèiftg whieh is prøposeà to eÐf!tæR 8à-v8fteed brøadband iftfr8straetl:1re, fg1if2 Termination, The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the board of county commission prior to this date. SECTION TWO. Section 49-55 is hereby added to Chapter 49, Article V of the Collier County Code of Laws and Ordinances, to read as follows: Section 49-55. Proeram Elieibilitv Criteria. To be considered eligible for approval under this program. a business or proiect must meet the criteria of one of the following categories: (l) Be located within Eastern Collier Countv and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of ten new fun-time employee positions; and c, The newly created positions pay an average wage of at least 115 percent of the County's current private-sector average wage, (2) Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a, Create a minimum of five new full-time employee positions; and b. The newly created positions pay an average wage equal to or greater than 50 percent of the county's current private-sector average wage, (3) Be located within the boundary of the Immokalee Community Redevelopment Area and meet the fan owing criteria: a, Create a minimum of five new full-time employee 1?ositions; and b, The newly created positions pay an average wage equal to or greater than 50 percent of the county's current private-sector average wage, (4) Be a high impact proiect and be located outside the enterprise community and Eastern Collier Countv and meet the following criteria: a, Type of business conducted is within the targeted industrv list of the Economic Development Council of Collier County; and Page 6 of7 Underlined text is added; strblsl< thr9ugh text is deleted, 17F b, Creates a minimum of 20 new full-time employee positions: and c, The newly created positions pay an average wage equal to or ¡creater than 150 percent of the county's current private-sector average wage, d, Each apQlication for program participation must have approval by the board of county commissioners, SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions, SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida, The sections of the Ordinances may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word, SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of ,2005, ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W, COYLE, Chairman By: A Page 7 of 7 Underlined text is added; str\JGk thro\Jgh text is deleted, NOTICE OF INTENT TO CONSIDER ORDINANCE j( ~~ Notice is hereby given that on Tuesday, October 25, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE V OF CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM; PROVIDING FOR ADDITIONAL APPLICATION REQUIREMENTS AND CRITERIA FOR PARTICIPATION IN THE PROGRAM THAT ARE CONSISTENT WITH THE OTHER ECONOMIC INITIATIVES SET FORTH IN CHAPTER 49; PROVIDING FOR A CLARIFICATION RELATED TO ELIGIBLE REPAYMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Michelle Morales, Deputy Clerk ( SEAL) 17r October 10, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE REGARDING BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM Dear Legals, Please advertise the above referenced notice on Friday, October 14, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office, Thank you, Sincerely, Michelle Morales, Deputy Clerk P.O.lAccount # 131-138902-649100 Michelle A. Morales From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com) Monday, October 10, 2005 2: 11 PM Michelle A. Morales Delivered: Attachments: Untitled Attachment L.2]..:.mm.m:. I "m~/ , Untitled Attachment «» Your message To: Sent: legals@naplesnews,com Mon, 10 Oct 2005 14:11:23 -0400 was delivered to the following recipient(s): legals on Mon, 10 Oct 2005 14:10:38 -0400 1 l?r Michelle A. Morales 17F From: Sent: To: Subject: ClerkPostm aster Monday, October 10, 20052:12 PM Michelle A. Morales Delivery Status Notification (Relay) Attachments: ATT2944327,txt; Untitled Attachment []'i"""".'; 1 ~;: I=~ ¡;- rl~mm71 L::.J ATT2944327.txt Untitled Attachment (431 B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Michelle A. Morales From: Sent: To: Subject: Perrell, Pamela [paperrell@naplesnews,com] Monday, October 10, 20052:16 PM Michelle A. Morales RE: OK > -----Original Message----- > From: Michelle A. Morales > [mailto:Michelle,Morales@clerk,collier,fl,us] > Sent: Monday, October 10, 2005 2:11 PM > To: legals@naplesnews.com > Subject: > > «Message: Untitled Attachment » > ORD,BROAD.INFRASTR.INVEST10,10,doc » > INFRASTR,10.10.dot » « File: « File: ORD.BROADBAND 1 ~ ? £.. ~ ill -ij .. P··; , 17 F Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+----- --------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59122866 131138902649100 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper, PUBLISHED ON: 10/14 AD SPACE: 129,000 INCH FILED ON: 10/14/05 --------------------------------------------------+--------------------------- Signature of Affiant ~~~< /¡, . P Sworn to and Subscribed_before me t31~s J'f~ 5\ay of ¿Ç7¿ 20 Ò-$ Personally known by me ~bu..uß· 8~;;t tlr.HTiF-,tt Bushong \1' 'I'IC NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUesday¡ Octo' ber 25, 2005, n the Boardroom, 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment of a County Ordl, nance. The meeting will commence at 9:00 A.M, The title of the pro- posed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY 'COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING AR· TlCLE V OF CHAPTER 49 OF THE COLLIER COUN· TY CODE OF LAWS AND ORDINANCES, PERTAIN, ING TO THE ADVANCED BROADBAND INFRA, STRUCTURE INVEST· MENT PROGRAM; PRO· VIDING FOR ADDITIONAL APPLICATION REQUIRE, MENTS AND CRITERIA FOR PARTICIPATION IN' THE PROGRAM THAT ARE CONSISTENT WITH THE OTHER ECONOMIC INITIATIVES SET FORTH IN CHAPTER 49; PROVID".! ¡NG FOR A CLARIFICA· TION RELATED ·TO ELIGI· BLE REPAYMENTS; PRO- VIDING FOR INCLUSION IN THECODE OF LAWS\' .AND ORDINANCES; PRO' VI DING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EF- FECTIVE DATE, Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All inter- ested parties are invited to attend and be heard, NOTE: All persons wish- ing to speak on any agenda item must regis- ter with the County ad- ministrator prior to pre- sentation of the agenda Item to be addressed, Individual speakers will be limited to 5 minutes on any item, The selec- tion of an Individual to I speak on behalf of an' organization or ¡roup is encouraged, I recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda pack- ets must submit said material a minimum of 3 weeks prior to the re- spective public hearing, In any case, written ma- terials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the public hearing, All ma- terial used In preser.ta- tions before the Board will become a perma- nent part of the record, Any person who decid- es to appeal a decision of the Board will need a record of the proceed- ings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes. the testimony and evi- dence upon which the appeal is based, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Michelle Morales, Deputy Clerk (SEAL) Oct, H No, 124S4oo 17F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only!Ü!1!: the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the eXceDtion of the Chairman's sÍlmature, draw a line throUllh routinl!: lines #1 throUlrn #4, conm1ete the checklist, and forward to Sue Filson Oine #5), Route to Addressee(s) Office Initials Date (List in routin!; order) 1. (\ , LHL /". Î- Æ ' -.)(1 nd~' it ! n C<' i ä ~Y\ I (\ I -",ty'dh 0 1 l. -, é ,.:; 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. NormaUy the primary contact is the person who created/prepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation, AU original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCe Type of Document Attached Phone Number ,""I .w (Q 11-€(SOn ,~OO,S n . l¡~- (\ In CUì C'e Agenda Item Number Number of Original Documents Attached - S q - S '7 ,~í IF I 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark ''N/A'' in the Not Applicable column, whichever is a r riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on I 05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coon Attorne's Office has reviewed the chan es, if a licable. ~ ,0 fit' tJ A .~ ··fj (, ,. ¡ (I,D -t\ì I: Forms! County Fonnsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1,26,05, Revised 2,24.05 2. 3, 4. 5, 6, .··,,,",~-,,,,,___"_,,,_,,,.__·"c_,c_·,,,·,",,,...,..,.._,<;__~,,,,;,,,,,,_.."_'..·"'...i.._'_''''''''''''''''....;___''''",~".~,_".,,,.......-'·,''_¡;,"'''''''''''''~"",·_····,,'"''"'~_·.".,-",,<.,_..-,,*-,..,,,,.,.~.<"^-'",'<"'< 1 7 F -. ORDINANCE NO. 2005 - ~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE V OF CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERT AINING TO THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM; PROVIDING FOR ADDITIONAL APPLICATION REQUIREMENTS AND CRITERIA FOR PARTICIPATION IN THE PROGRAM THAT ARE CONSISTENT WITH THE OTHER ECONOMIC INITIATIVES SET FORTH IN CHAPTER 49; PROVIDING FOR A CLARIFICA TION RELATED TO ELIGIBLE REPA YMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida, adopted Ordinance No. 2003-59, establishing an Advanced Broadband Infrastructure Investment Program to enhance Collier County's economic expansion and diversification efforts; and WHEREAS, Chapter 49 of the Collier County Code of Laws and Ordinances sets forth four Economic Development Programs, known as the Fee Payment Assistance Program, the Job Creation Investment Program, the Property Tax Stimulus Program, as well as the Advanced Broadband Infrastructure Investment Program; and WHEREAS, the Advanced Broadband Infrastructure Investment Program does not have same application or eligibility requirements as the other three programs; and WHEREAS, the Board has directed that the Advanced Broadband Infrastructure Investment Program should have similar application and eligibility requirements as the other three programs; and WHEREAS, the proposed requirements and clarifications will not adversely effect the Advanced Broadband Infrastructure Investment Program; and WHEREAS, enactment of this ordinance will be in the public interest and serve a valid public purpose by adding necessary requirements and criteria to ensure the accurate implementation and award of incentives to the Advanced Broadband Infrastructure Investment Program, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Chapter 49, ECONOMIC DEVELOPMENT, Article V, ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: ARTICLE V. ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM Section 49-50. Applicability, This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Page 1 of7 Underlined text is added; struck through text is deleted, 17F Section 1 (f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section. 49-51. Purpose, The purpose of this article is to: (1) establish an advanced broadband infrastructure investment program for the purpose of enhancing Collier County's economic diversification efforts; (2) provide for the economic well being of Collier County residents by providing better opportunities for high-wage employment in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the county's tax base, Section 49-52. Specific Definitions When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise: ~) ill "Advanced broadband infrastructure" means the components of network architecture consisting of physical cable plant and/or a wireless technology platform and associated customer premise end equipment (CPE) and structured wiring required to support broadband data transfer, which can provide mechanisms for providing specified quality of service (QoS) levels specified by the end user, fB ill "Average wage" is the annual rate paid to private-sector employees within Collier County, from highest to lowest divided by number of persons employed full-time, as reported by private-sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation, ~ ill "Broadband" means high speed digital data rate transfer typically associated with digital data rates of 10 megabits per second and higher; broadband is capable of accommodating all media, including voice, data, and video transfer. (4) "Customer premise equipment (CPE)" means the electronic equipment located on the premises of the end user required to support advanced broadband services, (5) "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels desi~nated as part of the Immokalee Rural Federal Enterprise Community, (6) "HiRh impact" is that designation given to qualifying economIC development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community, Page 2 of 7 Underlined text is added; struck through text is deleted, 17F féjill "Quality of servrce (QoS)" means those requirements which are determined by applications employed by the end user. (8) "Rural Federal Entervrise Communitv" is that jurisdiction so designated by the u.s, Department of Agriculture as a multi-iurisdictional entity including Immokalee (census tracts 112,04. 112,05. 113, 114). parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida. pursuant to F,S, ~~ 290,001--290,016, ~í22 "Structured wiring" means the cable network located within a customer's premises that is required to deliver advanced broadband services, 00) "TarReted industrv" is one that is aggressively pursued for relocation to. or expansion within, the local iurisdiction by the Economic Development Council of Collier County, It may include. but is not limited to the following industries: aviation, information. technology. biomedical. manufacturing, corporate headquarters. research and development. wholesale trade and distribution, and companies locating or expanding within the Immokalee Rural Federal Enterprise Community, Section 49-53. Advanced broadband infrastructure investment program. (a) General requirements, Pursuant to the provisions set forth in this section, the county establishes an advanced broadband infrastructure investment program providing payments (hereinafter the "payment") to offset the costs associated with the installation or upgrade of advanced broadband infrastructure in commercial and industrial buildings to encourage the relocation and/or expansion of high-wage targeted industries, The payment is a local option economic incentive for new or upgraded advanced broadband infrastructure projects that may be approved at the sole discretion of the board, (1) Application process, Any business owner seeking eligibility through the advanced broadband infrastructure investment program will file an application with the county manager requesting participation in the program, The application will be filed prior to the business owner making the decision to invest in the advanced broadband infrastructure, The application must contain the following: a. The name and address of the business owner; and Page 3 of 7 Underlined text is added; struck through text is deleted, 17F b A current and complete legal description of the site upon which the project is proposed to be located; and c. The type of business proposed, usmg Standard Industrial Classification (SIC) or North American Industrial Classification System (NArCS); and d, The total cost incurred by the business to enable broadband services, including but not limited to: a) charges assessed by the service provider for establishing and/or extending the service provider's broadband infrastructure, and b) customer premise equipment and structured wiring required to support broadband services; and e, The date (month and year) when the project will be substantially complete-:-; and f. The number of full-time employee positions to be created and retained as a result of the project; and g, The average wage of those positions created and retained; and h, The total capital investment of the expansion or relocation project, including land, building and equipment costs, (2) Agreement. If the proposed project meets the requirements under the advanced broadband infrastructure investment program as set forth in this article, the board may approve an agreement granting participation by, and payments to, a business owner. No precedent is to be implied or inferred by such payments to a new or expanding business. Applications for participation will be considered by the board on a case-by-case basis for each application, Section 49·54. Implementation. (a) The total value of payments to be approved under this advanced broadband infrastructure investment program will be the cost of the eligible business project's system installation or upgrade, up to a maximum of $25,000,00, The business is eligible to be paid an amount not to exceed $8,400,00 per year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the county manager. Page 4 of7 Underlined text is added; struck through text is deleted, 17F .. (b) The eligible business will notify the county manager, in writing, once the broadband infrastructure installation is complete, The county manager will verify project completeness and obtain a copy of all invoices detailing costs related to such project. The business will pay, or have already paid, its tax bill in full to the tax collector's office annually on or before the date it is finally due, Under this program, applicants are not eligible to pay their taxes on an installment basis, The applicant will then submit a copy of their ad valorem tax payment receipt to the county manager verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this program, Upon receipt, and verification of compliance with the terms of this article and corresponding approved agreement, payment to the applicant will be authorized within 60 days, (c) Improvements to real property made before the board approves the initial agreement application described belew above will not be eligible for payment. Additionally, payment will only be based upon the amount of broadband infrastructure expenditures, as set forth above, (d) The eligible business under the advanced broadband infrastructure investment program must enter into an advanced broadband infrastructure investment program agreement (the agreement) with the county, and the agreement must provide for, at a minimum, the following and include any provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the project or development. (2) Neither the requirement for payment nor the agreement providing for such payment, may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the county, Approved agreements will run with the land. (3) Approved agreements must be recorded in the official records of Collier County at no cost to the county, (e) If the property which is subject to an approved agreement is delinquent in the payment of its annual taxes or special assessments at any time within the payment period, then any outstanding balance to be paid under this advanced broadband infrastructure investment program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. Page 5 of7 Underlined text is added; struck through text is deleted, 17F (D Criteria, .^~n eligible project under this program IS one that meets the following criteria: (1) Is located on commercially or industrially zoned property 1R Collier County where a business oVlIler: a, Constructs a ne'N commercial or industrial development for the purpose of leasing or selling those parcels of land; or b, Constructs a ne,,"\' building or renoyates or expands an existing building; and (2) That business owner uses or leases such development or building which is proposed to contain advanced broadband infrastructure. Will Termination, The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the board of county commission prior to this date, SECTION TWO. Section 49-55 is hereby added to Chapter 49, Article V of the Collier County Code of Laws and Ordinances, to read as follows: Section 49-55. Pro2ram Eli2ibilitv Criteria. To be considered eligible for approval under this program, a business or proiect must meet the criteria of one of the following categories: (1) Be located within Eastern Collier County and meet the following criteria: a, Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b, Creates a minimum of ten new full-time employee positions; and c, The newly created positions pay an average wage of at least 115 percent of the County's current private-sector average wage, (2) Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following: criteria: a, Create a minimum of five new full-time employee positions; and b, The newly created positions pay an average wage equal to or greater than 50 percent of the county's current private-sector average wage, (3) Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new full-time employee positions; and b, The newly created positions pay an average wage equal to or greater than 50 percent of the county's current private-sector average wage, (4) Be a high impact project and be located outside the enterprise community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and Page 6 of7 Underlined text is added; struck through text is deleted, 17F b, Creates a minimum of 20 new full-time employee µositions; and c, The newly created positions pay an average wage equal to or greater than 150 percent of the county's current private-sector average wage, d, Each application for program participation must have apµroval by the board of county commissioners, SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions, SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this E day of N DV~vYI ber'" ,2005, ATTEST: , , DWIGHT E.BROCK, Clerk ,,~ {~\ê.ll~·; ~0;~ :';i, !-..' <¡By ~ ~~ ::.' ~:~~~~~ttil ~"'JJ ~~/' .' " '~~,' ~~,: ;è\..-" ':, ::" . '~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W, ~ FRED W, COYLE, ChaIrrna A al sufficiency: Page 7 of7 Underlined text is added; struck through text is deleted, 17F STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-56 Which was adopted by the Board of County Commissioners on the 1st day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of November, 2005. . - \ ,~¡.,. " ._ R' ..:\, : t, ... .. .::.~: , . \~ '\\Ü . 'J(/.I)"/.':~ . ,', _,ç,."",.,' ,,~J¡) ". . "J'" -.".'~"." T ;' ':, ¡{,,) "'_"" "~~,~t~ ',,: ,," , . ~ '('-.~~";' 1 '~,~ 0,., . {" _ DWIGHT E. BROq~.1::~' '¡'1~ "':'~ t Clerk of Court.s"::> å.~ :Clerk.7 ; ~J : . "o#f' "-. . .,'.' .., . - -: Ex-officio to-aoarâ;of"':,~c-': ,:,ïfJ : ~ ,.,. ..... ---- ........ ~ County Commiss±¢tre:r.s· ,....'-'~y J'" '. "" ,I -.......... ~... ..... . - , ~,O /"1'1" .:,.' ,.' BY~ tiþ:¿~·,,·· Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 7J .- " To: Clerk. to 1he Board: Please place the following as a: r:g Normal legal Advertisement (Display Adv" location, etc,) o Other: ********************************************************************************************************** Petition No, (If none, give briefdescription):AMe«"DIN Go Person: Margo Castorena, Director Date: q3-S~ /~ìmcJJ ~o-rJro' 10/5/05 Originating Deptl Div: Domestic Animal Services Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing, October 25, 2005 Newspaper(s) to be used: (Complete only if important): r:g Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: An Ordinance of the Board of County Commissioners of Collier County, Florida, Amending the Code of Laws and Ordinances of Collier County, Florida, Amending Chapter 14, Article II, Which Regulates and Controls Animals Within the Area of Collier County as Promulgated by Ordinance 93-56, as Amended; Amending Section 14-26, Pertaining to Definitions; Amending Section 14-27, Pertaining to Penalties; Amending Section 14-31, Pertaining to Enforcement; Providing for Conflict and Severability, Inclusion in the Code of Laws and Ordinances and an Effective Date, Companion petition(s), if any & proposed hearing date: NI A Does Petilion Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 001- 155410-649100 Rexiewed by: Marla Ramsey "f" , ' ~. ([/ ¡ .-',~; -~:"'(II t .Já . - .~ Division Administrator or: Designee 10/5105 Date List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, *********************************************************************************************************** FOR CLERK'S OFFICE USE15tY' i ) . ~ 1..1 I ~ Date Received: I a D..5 Date of Public hearing: 1o 2.5 05 Date Advertised: ~ 5 17 J , ;!!If i ORDINANCE 2005-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 93-56, AS AMENDED; AMENDING SECTION 14-26, PERTAINING TO DEFINITIONS; AMENDING SECTION 14·27, PERTAINING TO PENALTIES; AMENDING SECTION 14- 31, PERTAINING TO ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DA TE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations and ordinances for the protection of the public; and WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has adopted Ordinance 04-46, known as the Collier County Code Enforcement Special Master Ordinance, which establishes a process by which violations of codes and ordinances may be enforced before a special master; and WHEREAS, the Board has determined that the existing special master enforcement process will enhance the County's ability to enforce its local animal regulations in the most expeditious, effective and inexpensive manner; and WHEREAS, the Board has determined that it is necessary to amend Collier County's local animal regulations to be consistent with the Special Master Ordinance and all other applicable regulations so that local animal regulations may be enforced before the Special Master. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 14-26, Definitions, of the Code of Laws and Ordinances of Collier County, Florida, is amended to include a definition of aggravated violation as follows: Sec. 14-26. Definitions. Words stnlck througH are deleted, words underlined are added, 1 * * * * * * * * * * * * Aggravated violation means a violation which results in the unprovoked biting, attacking, or wounding of a domestic animal; results in the destruction or loss of persona] property; is a second or subsequent violation of local animal cruelty laws; or results in the issuance of a third or subsequent citation to a person, * * * * * * * * * * * * SECTION TWO: Article II, Section 14-27, Penalties, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 14-27. Penalties. (a) Notwithstanding penalties set forth in section 2-1141. the maximum civil penalty for a violation of this article is not to exceed $500,00. A violation of this article is a civil infraction as provided in F,S, § 828,27, (b) If any person, whether public or private, shall fail or refuse to obey or comply with or violates any provision of this article, such person, upon conviction of any such civil infraction, shall be punished by a fine not to exceed $500,00 in the discretion of the court or Special Master, as applicable, plus a $2,00 surcharge to pay the costs of the 40-hour minimum standards training course for animal control officers, Each day of the violation or noncompliance as to each animal shall be considered as a separate and distinct offense, In addition, any person convicted under any provisions of this article shall pay all costs and expenses involved in the case. (c) Each violator shalJ be required to pay a surcharge of $5,00 for each cited violation, Each person or entity that commits a one or more civil infraction(s) under this article, but does not contest the citation, shall pay a fine for each such separate offense as follows: (1) Non-aggravated violations, Fines for an uncontested citation of violation of any provision of this article, except any aggravated violation described in paragraph (2) below and as defined above, are as follows: a, First citation: $100 for each first offense, b. Second citation: $200 for each second offense, c, Third (or more) citation: $300,00 for each such offense if a mandatory æI:Ht appearance is not required by the animal control enforcement officer named on the citation, If a mandatory æI:Ht appearance is required by the animal Words streek taf-ol:lga are deleted, words underlined are added, 2 17 J ., , , 17 J''''. control enforcement officer named on the citation, the recommended fine should be more than $350,00 but not more than $500,00. The amount of the fine(s) shall be as detennined by the Svecial Master or other trier of fact. A mandatory æHH appearance shall be required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations, (2) Aggravated violations, For each uncontested aggravated violation, aeiRg a violatioR of secticlR 14 33(b), (æ:¡jmal testiRg or sacrifice), or of seetioR 14 3é(a)(9) or (10), or afI)' violatioR of aR)' paragraph (1) through (9) of subsectioF! (a) of seetioR 11 41 (all related to æ'limal oruelty), the fines and æHH appearance obligations are as follows: a, First citation: $250 for each first aggravated violation, b, Second citation: $350,00 for each second aggravated violation and a mandatory æHH appearance before the Special Master, iF! cO\;lnty eourt, c, Third (or more) citation(s): A mandatory æHH appearance and a recommended fine of more than $400,00 but not more than $500.00 for each such aggravated violation, The amount of such fines shall be detennined by the jttège designee Special Master or other trier of fact. (3) A person who is required to appear ffi....eet:ffi does not have the option of paying the fine instead of appearing Íft-€eIffi before the Special Master. (4) A citation that is dismissed by the county, or by the æHH Special Master or by other trier of fact shall not count as a prior citation for the purpose of detennining the number of prior citations issued to that violator. (5) The Violator's failure to pay the fine, and/or to timely request a hearing before the Special Master may result in an admission of guilt. The Code Enforcement Department shall give notice to the violator that a hearing will be conducted concerning the alleged violation(s) and/or unpaid fines, The Notice shall be in similar fonn to that described in the Collier County Code Enforcement Special Master Ordinance of this section and state the time and place of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine amount. if applicable, The Special Master's findings shall be reduced to writing and recorded in the Official Records, Words struek throl:lgh are deleted, words underlined are added, 3 17 J ~,i ., . (6) Notwithstanding anything in this article, the individual who issues the citation or other pleading may require a mandatory €fflffi appearance if a mandatory €fflffi appearance is in that instance authorized by law, (d) If the named violator is properly noticed of the hearing and fails to appear, the Special Master may hear the citation and impose any penalties allowed by this article, (e) The named violator or the County may seek to overturn a final order of the Special Master by making application to the county court for a trial de novo on the merits, Such application must be filed within (30) calendar days from the rendition of the order sought to be overturned, A violator will have the right to a de novo proceeding provided that all administrative remedies have been exhausted, Failure to make such application within the required time period will render the findings and order of the Special Master conclusive, binding, and finaL All findings of the Special Master will be evidence at any de novo proceeding held pursuant to this paragraph, ~ill If aay perseA the named violator. or the animal control enforcement officer fails to pay the civil peaalty, fails to appear iA cO\,!rt te eoatest the citation, or fails tø appear in court fer aAY maBàatory court appearance, the court may issue an order to show cause I:lpOR t!ole FeEjuest of the boai'd of 6ÐI:lRt)' commissioRers aAimal control eRføF0emeRt efH€ef, Such order shall require such persons to appear before the court to explain why action on the citation has not been taken or the court may render a civil iudgment UP to $500,00, If any person who is issued !nieft an order to show cause fails to appear in response to the court's directive, that person may be held in contempt of court, -fe1{g} If any penalty provision specified by F.S, § 828,8+2 is amended, such amended penalty provisions shall apply to this article without further action by the Board of County Commissioners, fA íh2 Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court OfL.competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance, Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages, SECTION THREE: Article II, Section 14-31, Enforcement, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Words strnek tlirÐl:Igk are deleted, words underlined are added, 4 Sec. 14-31. Enforcement. * * * * * * * * * * * * (c) By agents, employees of animal control department, * * * * * * * * * * * * 17 J ( 4 ) Form of citation, A citation issued by an animal control enforcement officer under the provisions of this subsection shall be in a fonn prescribed by the Board, Such citation shall contain all known infonnation required by F.S, § 828,27, including the date and time of issuance of the citation, name and address of the person in violation, the date of the violation, description of the animal involved, the section or sections of this article, or subsequent amendments, violated, the facts constituting probable cause, name and authority of the citing enforcement officer, also the procedure for the person to follow in order to pay the civil pena]ty, to contest the citation, or to appear ~ before the Special Master when a mandatory eettH appearance is required as specified in the citation or when scheduled bv the Code Enforcement Department, in which case there is no option but to appear Îfl-€e!:!ft before the Special Master, the applicable civil penalty if the person elects not to contest the citation and the applicable civil penalty if the person elects to contest the citation; also a conspicuous statement of the effect of faiJure to promptly pay the fine or appear before the Special Master or in court, Subject to the limitations now or hereafter specified in F.S, § 828,27, a mandatory Special Master or court appearance may be required by the issuing officer, Mandatory eettH appearances before a Special Master may also be ordered by a-jtiège the Special Master as specified in section 14-27~, or as otherwise within the ~ Special Master's authority, SECTION FOUR: 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 section, phrase, sentence or portion of this Ordinance is for any reason 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 FIVE: Inclusion in the Code of Laws and Ordinances. Words stmek thrøügk are deleted, words underlined are added, 5 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 relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word, SECTION SIX: Effective Date. This Ordinance shall become effective upon filing with the Florida Secretary of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005, A TrEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ,Deputy Clerk By: FRED W, COYLE, Chainnan Approved as to fonn and legal sufficiency: ~0J1,Q ~~1 ~-s' JENNIFER A, BEL EDIO Assistant County Attorney Words struek tRFOl:Igh are deleted, words underlined are added, 6 17J , ~<. ~ 17 J :U¡) ...¡ October 5, 2005 Attn: Legals Naples Daily News 1 075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 93-56 Relating to Animal Control Dear Legals: Please advertise the above referenced notice on Friday, October 14, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office, Thank you, Sincerely, Michelle Morales Deputy Clerk P.O./Account # 001-155410-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE 17J , ~"~ :, Notice is hereby given that on Tuesday, October 25, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 93-56, AS AMENDED; AMENDING SECTION 14-26, PERTAINING TO DEFINITIONS; AMENDING SECTION 14-27, PERTAINING TO PENALTIES; AMENDING SECTION 14-31, PERTAINING TO ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: II Michelle Morales, Deputy Clerk (SEAL) Michelle A. Morales 17 J ~ "'111 , .~ From: Sent: To: Subject: ClerkPostmaster Thursday, October 06, 2005 10:02 AM Michelle A. Morales Delivery Status Notification (Relay) Attachments: A TT2691768.txt; Ordinance Amending No 93-56- Animal Control !~1 [;:J B ATT2691768,txt (431 B) Ordinance lending No 93-56- t This is an automatically generated Delivery Status Notification, Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17 J '.."'''/ ;~3 )~ Michelle A. Morales From: Sent: To: Subject: System Administrator [postmaster@naplesnews,com] Thursday, October 06, 2005 10:01 AM Michelle A. Morales Delivered: Ordinance Amending No 93-56- Animal Control Attachments: Ordinance Amending No 93-56- Animal Control B'~'---; j'~ i I -,-~", Ordinance lending No 93-56- t «Ordinance Amending No 93-56- Animal Control» Your message To: legals@naplesnews,com Subject: Ordinance Amending No 93-56- Animal Control Sent: Thu, 6 Oct 2005 10:02:04 -0400 was delivered to the following recipient(s): legals on Thu, 6 Oct 2005 10:01:11 -0400 1 17J Michelle A. Morales Page 1 of 1 ""I ·~):"'-'1 From: Michelle A, Morales Sent: Thursday, October 06, 2005 10:02 AM To: 'Iegals@naplesnews,com' Subject: Ordinance Amending No 93-56- Animal Control Attachments: AMEND ORD,93-56,doc; Amending Ordinance 93-56,doc Please advertise the attached notice on October 14, 2005. If you have any questions, please call, :Micfie[fe :Morafes crerl(oftlie Circuit Court Co[Cier County Courtliouse Compfex:. 5Hinutes aná :J??corás Ðepartment 3.301 'Iàmiami'Imi{'East ~Yapres, '1Iorida 341 () 1-3044 (239) 732-ï646 e.\j ï240 (:.Mjdie[f§,,!Mom{g sr¡gJ;{cr~(O{fi~rjfl{JL 10/6/2005 Michelle A. Morales 17J ,,\/!'1 '. From: Sent: To: Subject: Perrell, Pamela [paperrell@naplesnews.com] Thursday, October 06, 2005 10:08 AM Michelle A. Morales RE: Ordinance Amending No 93-56- Animal Control OK > -----Original Message----- > From: Michelle A. Morales > [mailto:Michelle.Morales@clerk.collier.fl,us] > Sent: Thursday, October 06, 2005 10:02 AM > To: legals@naplesnews,com > Subject: Ordinance Amending No 93-56- Animal Control > > «Message: Untitled Attachment» «File: AMEND ORD.93-56,doc » > « > File: Amending Ordinance 93-56,doc » 1 I 17J o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Ii... NOllC!:: O~. INTENT TO ,..ONSIDER ORDIN~ rt>tlce Is hereby given tliat on TUeSday¡· eto- be.. 25, 2005, n the ~ardroom, 3rd· Floor, ministration Bu IIdlng, JleI' County Govern- ellt Center. 3301 East ~mlaml Trail.!. Naplesl F.orlda, the !Soard Or, ¡(u nty comm.ISSlo.n. e.rsl II' consider the enaet- ent of a county OrdJ- ce, The ~ will mence at .9:00 "'.M, e title of the pro- ro01~s:ordlnancel~~s ~ ~ Before the undersigned they serve as the authority, personally appeared B, Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of Public Notice as published in said newsp'" f\j '\ PUBLIC NOTICE time(s) in the issue Octob~ Affiant further says that the said Naplt _¡Japer published at Naples, in said CoIlìer Coun, ,.<1t the said newspaper has heretofore been continuousl, ,..I in said Collier County, Florida; distributed in Collier and L, -"unties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. "J~S- / ( Signature of affiant) Sworn to and subscribed before me This October 14th, 2005 .., nOli/fit lJuSl10/J" M r rUMMISSION If ';!J?54A. B!d9 , f'XP!pt: ,1< 2007 ...~-_.,,_...~-- ~~._--- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 J' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink papcr Attach to original documcnt. ()riginal documents should bc hand dclivl,rcd 10 Ihe Board omcc, Thc completed routing slip and original docllmcnts arc to bc forwarded to the Board Officc onl) ..fte.' the Board has takcn act ""I on thc itCIll,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chainnan's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routinl! order) 1. - --~-- -- 2, - ------,~_.- -- 3. --- . ---------_.~--- ->-- -----'------- -- 4. -- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation, All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Margo Castorena Phone Number 530-7387 Contact Agenda Date Item was 10/25/05 Agenda Item Number I~"J' Approved by the BCC Type of Document Ordinance Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ An in the Not Applicable column, whichever is a ro ri ate , Original document has been signed/initialed for legal sufficienc (All documents to be signed by the Chairman, with the exception of most letters, must reviewed and signed by the Office of the County Attorney, This includes signature page rom ordinances, resolutions, etc, signed by the County Attorney's Office and signatur ages from contracts, agreements, etc. that have been fully executed by all parties cept the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the Co Office and all other arties exce t the BCC Chairman and the Clerk to the The Chairman's signature line date has been entered as the date of BCC app document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the Bee on i(jH/ö'J- (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. )(;'fÎ e. Yes (Initial NIA (Not A licable) r. ~:f¡fi I~'¡ II.. 2. tIj,'¡1(1 rf¡'II" Attorney's ard val of the rJmL 3, 4, ~..' ..1,4 .'1 t..jf/l 5, K}lí ( I 6, I: Forms/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05 ",."...',....._..;"...';~,.'......""",....,.._.<. ~."',."',~......"'_""'""',."_,.>',',','"_.."_..,._..,,.___.._..,__.....,_.,"_.,,,.....;_..~.,.T,"".'<.._'""'"'_.___,~_.__"'_..._'~_..__u~..... 17J ORDINANCE 2005.. 5 7~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE CODE OF LA WS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 93-56, AS AMENDED; AMENDING SECTION 14-26, PERT AINING TO DEFINITIONS; AMENDING SECTION 14-27, PERTAINING TO PENAL TIES; AMENDING SECTION 14- 31, PERT AINING TO ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations and ordinances for the protection of the public; and WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has adopted Ordinance 04-46, known as the Collier County Code Enforcement Special Master Ordinance, which establishes a process by which violations of codes and ordinances may be enforced before a special master; and WHEREAS, the Board has detennined that the existing special master , enforcement process will enhance the County's ability to enforce its local animal regulations in the most expeditious, effective and inexpensive manner; and WHEREAS, the Board has detennined that it is necessary to amend Collier County's local animal regulations to be consistent with the Special Master Ordinance and all other applicable regulations so that local animal regulations may be enforced before the Special Master. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 14-26, Definitions, of the Code of Laws and Ordinances of Collier County, Florida, is amended to include a definition of aggravated vžolatžon as follows: Sec. 14-26. Definitions. Words struck through are deleted, words underlined are added. 1 17J * * * * * * * * * * * * ARRravated violation means a violation which results in the unprovoked biting, attacking, or wounding of a domestic animal; results in the destruction or loss of personal property; is a second or subsequent violation of local animal cruelty laws; or results in the issuance of a third or subsequent citation to a person. * * * * * * * * * * * * SECTION TWO: Article II, Section 14-27, Penalties, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 14-27. Penalties. (a) Notwithstanding penalties set forth in section 2-1141, the maximum civil penalty for a violation of this article is not to exceed $500,00, A violation of this article is a civil infraction as provided in F.S. § 828.27. (b) If any person, whether public or private, shall fail or refuse to obey or comply with or violates any provision of this article, such person, upon conviction of any such civil infraction, shall be punished by a fine not to exceed $500,00 in the discretion of the court or Special Master, as applicable, plus a $2,00 surcharge to pay the costs of the 40-hour minimum standards training course for animal control officers. Each day of the violation or noncompliance as to each animal shall be considered as a separate and distinct offense, In addition, any person convicted under any provisions of this article shall pay all costs and expenses involved in the case, (c) Each violator shall be required to pay a surcharge of $5,00 for each cited violation, Each person or entity that commits a one or more civil infraction(s) under this article, but does not contest the citation, shall pay a fine for each such separate offense as follows: (1) Non-aggravated violations. Fines for an uncontested citation of violation of any provision of this article, except any aggravated violation described in paragraph (2) below and as defined above, are as follows: a. First citation: $100 for each first offense. b. Second citation: $200 for each second offense. c. Third (or more) citation: $300,00 for each such offense if a mandatory ææt appearance is not required by the animal control enforcement officer named on the citation. If a mandatory ææt appearance is required by the animal Words struck through are deleted, words underlined are added, 2 17J control enforcement officer named on the citation, the recommended fine should be more than $350,00 but not more than $500.00. The amount of the fine(s) shall be as detennined by the Special Master or other trier of fact. A mandatory eeoo appearance shall be required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations, (2) Aggravated violations, For each uncontested aggravated violation, beiBg a violation of section 11 33(b), (animal testing or sacrifice), or of section 14 36(a)(9) or (10), or aB)' violation of any paragraph (1) through (9) of subsection (a) of section 11 11 (all related to animal cruelty), the fines and eeoo appearance obligations are as follows: a. First citation: $250 for each first aggravated violation, b. Second citation: $350,00 for each second aggravated violation and a mandatory eeoo appearance before the Special Master. in county court, c, Third (or more) citation(s): A mandatory eeoo appearance and a recommended fine of more than $400.00 but not more than $500,00 for each such aggravated violation. The amount of such fines shall be determined by the jHàge designee Special Master or other trier of fact. (3) A person who is required to appear in court does not have the option of paying the fine instead of appearing in court before the Special Master. (4) A citation that is dismissed by the county, or by the eeoo Special Master or by other trier of fact shall not count as a prior citation for the purpose of determining the number of prior citations issued to that violator. (5) The Violator's failure to pay the fine, and/or to timely request a hearing before the Special Master may result in an admission of guilt. The Code Enforcement Department shall give notice to the violator that a hearing will be conducted concemin:! the alleged violation(s) and/or unpaid fines. The Notice shall be in similar form to that described in the Collier County Code Enforcement Special Master Ordinance of this section and state the time and µlace of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine amount, if applicable. The Special Master's findings shall be reduced to writing and recorded in the Official Records, Words struck through are deleted, words underlined are added. 3 17J (6) Notwithstanding anything in this article, the individual who issues the citation or other pleading may require a mandatory eemt appearance if a mandatory eemt appearance is in that instance authorized by law. (d) If the named violator is properly noticed of the hearin~ and fails to appear, the Special Master may hear the citation and impose anv penalties allowed by this article. (e) The named violator or the County may seek to overturn a final order of the Special Master by making application to the county court for a trial de novo on the merits. Such application must be filed within (30) calendar days from the rendition of the order sought to be overturned. A violator will have the right to a de novo proceeding provided that all administrative remedies have been exhausted. Failure to make such application within the required time period will render the findings and order of the Special Master conclusive. binding, and final. All findings of the Special Master will be evidence at any de novo proceeding held pursuant to this paragraph. fàt-ill If any person the named violator. or the animal control enforcement officer fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court for any mandatory court appearance, the court may issue an order to show cause upon the request of the board of county commissioners animal control enforcement officer, Such order shall require such persons to appear before the court to explain why action on the citation has not been taken or the court may render a civil judgment up to $500.00, If any person who is issued ffi:iefl an order to show cause fails to appear in response to the court's directive, that person may be held in contempt of court. -fejigl If any penalty provision specified by F.S, § 828,8+Q is amended, such amended penalty provisions shall apply to this article without further action by the Board of County Commissioners, œ ili2 Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court æf.competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. SECTION THREE: Article II, Section 14-31, Enforcement, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Words struck through are deleted, words underlined are added, 4 17J Sec. 14-31. Enforcement. * * * * * * * * * * * * (c) By agents, employees of animal control department, * * * * * * * * * * * * ( 4 ) Form of citation, A citation issued by an animal control enforcement officer under the provisions of this subsection shall be in a fonn prescribed by the Board, Such citation shall contain all known infonnation required by F,S, § 828.27, including the date and time of issuance of the citation, name and address of the person in violation, the date of the violation, description of the animal involved, the section or sections of this article, or subsequent amendments, violated, the facts constituting probable cause, name and authority of the citing enforcement officer, also the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court before the Special Master when a mandatory eettfÈ appearance is required as specified in the citation or when scheduled by the Code Enforcement Department, in which case there is no option but to appear in court before the Special Master, the applicable ci viI penalty if the person elects not to contest the citation and the applicable civil penalty if the person elects to contest the citation; also a conspicuous statement of the effect of failure to promptly pay the fine or appear before the Special Master or in court. Subject to the limitations now or hereafter specified in F.S. § 828.27, a mandatory Special Master or court appearance may be required by the issuing officer, Mandatory eettfÈ appearances before a Special Master may also be ordered by a judge the Special Master as specified in section 14-27, belo'.'.', or as otherwise within the judge's Special Master's authority. SECTION FOUR: 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 section, phrase, sentence or portion of this Ordinance is for any reason 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 FIVE: Inclusion in the Code of Laws and Ordinances. Words struck through are deleted, words underlined are added. 5 l?J 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 relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION SIX: Effective Date. This Ordinance shall become effective upon filing with the Florida Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, Chairma By:,.~ ,\ \;';. 11'1 , .;¡.'..............'. .,':~<..:j\...j ivi';" ~ I' D CI k ,~~ ~ .....,...... '-., -'. ." , eputy er :~ ~>.... .....~~·~to·· "'-'---' . ". 0"1 ."~ .;-<:~?~~-:~~..~ ~ ~ WRI 'f-.cII1 , , . j : ,;~(1"9~Urt On 11 - " 'J ':' \:.') . ;:;~ i ',> , , ./ ..... , , ' , '"'_',V" /-:).'" ~. ' .' : ,_ ~ ~.... '". ;:r r:} "') _'" ~ " '.~ f" ,'- .' -t\þptcW:Ø $, t()~ form and legal sufficiency: ~0JlJ< ~A~""$' JENNIFER A. BEl EDIO Assistant County Attorney Words struck through are deleted, words underlined are added, 6 STATE OF FLORIDA) COUNTY OF COLLIER) Ir DWIGHT E. BROCKr Clerk of Courts in and for the Twentieth Judicial Circuitr Collier CountYr Floridar do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-57 Which was adopted by the Board of County Commissioners on the 1st day of November, 2005r during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier CountYr Floridar this 3rd day of Novemberr 2005. , -:;, .~" .;..... .. ",- '- DWIGHT E BROCK' 1" '.';)!\- . .... . ^ ' ~'" , , "'1c' /(11'0 Clerk of Courts '3.~èr<, le'1:.:"~~ " Ex - of f i c io to ?9~i:d:.¡pf " .,:,,;':.:~ ';:,' .~ . ( ..' "-( ",\" \ 1¡ , '"" .. '.4. # County Commissipriers ' J, '.;-; ~ . ~~~ :, S:).:' ~} ),; ~ Cluu. n··' .-' ,~/,...; :,,~ ' ~ ~...- . ~ .. .' ....' j " By: Ann nej ohn r' : >'~':-' ",/,/ Deputy Clerk llJ / +e, '0( " Pùc--Ic /¡ of q <Ç è (~ , ¿cJ ¡¡".:-.,-- r )- -j, // COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 171 ~~ To: Clerk to the Board: Please place the following as a: D Normal legal Advertisement (Display Adv" location, etc,) D Other: ********************************************************************************************************** Originating DeptJ Div: 0Y'18 Person: ¡',.¡t(Ú::: ~;'tf.'7lt..owJlè( Date: Jù! 13/0...)--- Petition No, (Ifnone, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hooring bofore B BZA Oth" Requested Hearing date: (Based on advertisement appearin~ays before hearing, ::;-5 Newspaper(s) to be used: (Complete only if important): lo/z Sf! °t'--, _1 \ 101 Z2¡(J)Cut ) IfI Naples Daily News Proposed Text: (Include legal description & common location & Size: D Other D Legally Required Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged for advertising costs: ð 0/-/ DI:5-¿ RevieW~1bY: 0 J ~ 1/1/.1~ Division Administrator or Designee . //3/0 .J/ Date .. List Attachments: 00/- 10/S2..0 DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, *********************************************************************************************************** FOR CLERK'S OFFICE USEI~~t~:1 ~ ,(\I?C::-: ^.:- 11\/"':), I - Date Received: ~ Date of Public hearing: ~ Date Advertised: ~~__-- -- 171 ."". k~ - October 14, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: NOTICE OF PUBLIC HEARING - FY 2004-05 ADOPTED BUDGET Dear Legals: Please advertise the above referenced notice on Saturday, October 22, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./Account # 001-101520-649100 COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2004-05 ADOPTED BUDGET 171 All interested parties are invited to attend a public hearing on this matter to be held on October 25, 2005, at 9:00 a,m, or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida, A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m, and 5:00 p,m, at the Office of Management and Budget, 2nd Floor, W. Hannon Turner Building. A final decision on the amendments will be made at this meeting, Listed below are the amendments to be considered and their purpose, Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Fred W, Coyle, Chainnan Budget Amend. No. Fund No. 05-281 001 Fund Title Change Amount Fund Total 05-324 001 05-337 001 05-496 001 05-519 001 General Fund $1,969 $250,251,160 PURPOSE: To appropriate additional Emergency Grant Preparedness funds for salaries, General Fund $18,035 $250,269,195 PURPOSE: To purchase kennel equipment with proceeds from the sale of impounded cattle, General Fund $65,300 $250,334,495 PURPOSE: To transfer residual cash in Special Obligation Revenue bond fund to the General Fund. General Fund $1,687,556 $252,022,051 PURPOSE: To appropriate carryforward funds to Sheriff operations, General Fund $103,000 $252,125,051 PURPOSE: To reimburse for special services expenses incurred for Building Maintenance and Security, 17 I Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 05-560 001 General Fund $35,000 $252,160,051 PURPOSE: To reinvest concession fees to ensure a continuous supply of merchandise for sale at Caxambas Park. 05-497 040 Sheriff $1,687,556 $118,254,456 PURPOSE: To appropriate transfer for overtime. 05-499 040 Sheriff $2,468,178 $120,722,634 PURPOSE: To recognize FEMA proceeds and additional transfer to resolve FY 05 budget appeal. 05-121 101 Transportation $78,739 $19,647,679 PURPOSE: To appropriate funds from insurance settlements for damaged signals/lights. 05-110 111 MSTD General Fund $ 9,100 $40,196,801 PURPOSE: To appropriate funds for two part-time associates to staff East Naples Skate Park. 05-423 111 MSTD General Fund $2,000 $40,198,801 PURPOSE: To appropriate transfer to survey, record and mark aquaculture leases, 05-089 112 MSTD Road and Bridge Landscaping $110,000 $10,159,480 PURPOSE: To appropriate contributions to upgrade plantings and to bury distribution power feeder. 05-608 112 MSTD Road and Bridge $20,992 $10,180,472 PURPOSE: To appropriate transfer for installation of landscaping on Davis Blvd. 05-630 112 MSTD Road and Bridge $12,000 $10,192,472 PURPOSE: To appropriate funds for Davis Blvd, Phase II refurbishment project. 17 I Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 05-164 114 Water Pollution Control $85,500 $2,730,225 PURPOSE: To appropriate carryforward to complete office renovations, 05-200 118 Misc. Grants $250,000 $729,598 PURPOSE: To appropriate grant and required matching funds to purchase a rescue engine (Isles of Capri Fire). 05-381 118 Misc, Grants $15,878 $745,476 PURPOSE: To appropriate funds to purchase portable VHF radios for Ochopee, 05-383 118 Misc, Grants $9,990 $755,466 PURPOSE: To appropriate funds to pur- chase portable 800 MHZ radios for Ochopee, 05-216 126 Metro Planning MPO $4,200 $7,972,297 PURPOSE: To appropriate funds for the county match of the MPO 04/05 budget. 05-515 128 Metropolitan Planning Organization $5,000 $1,656,918 PURPOSE: To appropriate funds for meeting and travel expenses connected with Collier County participation on the Metropolitan Planning Council. 05-282 133 Uninsured Assets $302,788 $1,541,188 PURPOSE: To appropriate funds for Hurricane Charlie cleanup in Pelican Bay, 05-162 144 Isle of Capri Fire $12,000 $854,300 PURPOSE: To appropriate inspection revenue to purchase protective inspection equipment. 05-460 144 Isle of Capri Fire $4,500 $858,800 PURPOSE: To appropriate funds for purchase current editions of national fire codes, testing equipment and computer. 05-057 152 Lely Golf Estates Beautification MSTU $88,349 $302,114 PURPOSE: To appropriate carryforward for future improvements, 17 ,""" Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 05-203 152 Lely Golf Estates Beautification MSTU $69,800 $371,914 PURPOSE: To appropriate MSTD General Fund advance for improvements 05-114 161 Livingston Road Beautification MSTU $3,500 $3,500 PURPOSE: To appropriate residual cash prior to closing fund, 05-074 172 Conservation Collier $13,620,050 $32,796,550 PURPOSE: To appropriate bond proceeds to purchase real property, 05-494 173 Driver Education $122,897 $248,297 PURPOSE: To appropriate carryforward to fund driver education program by inter- local agreement with the School Board, 05-297 195 TDC Beach Renourishment $8,000,000 $39,708,124 PURPOSE: To appropriate loan proceeds for Vanderbilt parking garage construction. 05-401 198 Museum $366,683 $2,199,183 PURPOSE: To appropriate transfer for repairs and improvements at Naples Depot. 05-520 198 Museum $356,758 $2,555,941 PURPOSE: To appropriate funds for operationslimprovements at Naples Depot. 05-178 216 CIP Refunding Bond-Series 2005 $18,785,350 $18,785,350 PURPOSE: To appropriate funds for the payment and posting of expenditures relating to the bond issuance, 05-340 216 CIP Refunding Bond-Series 2005 $1,257,950 $20,043,300 PURPOSE: To appropriate transfers for FY 05 debt service on Series 2005 revenue bond, "----- 17 I .. Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 05-175 272 Conservation Collier Gen, Oblig, Bond $285,850 $285,850 PURPOSE: To appropriate funds for the payment and posting expenditures related to Series 2005 bonds, 05-341 272 Conservation Collier Gen, Oblig. Bond $597,150 $883,000 PURPOSE: To appropriate funds for the interest payment on Series 2005 bonds, 05-186 290 Special Obligation Revenue Bonds $2,400 $2,400 PURPOSE: To appropriate funds to allow for the rebate of arbitrage on the 1997 Special Obligations Bonds. 05-342 290 Special Obligation Revenue Bonds $119,900 $122,300 PURPOSE: To appropriate residual funds to close Special Obligation Revenue Bonds Fund, 05-176 299 Commercial Paper Fund $39,863,558 $46,279,316 PURPOSE: To appropriate bond proceeds refinancing Commercial Paper loans. 05-300 299 Commercial Paper Fund $100,000 $46,379,316 PURPOSE: To appropriate funds to pay FY05 interest on Vanderbilt Beach Parking Garage construction. 05-343 299 Commercial Paper Fund $391,484 $46,770,800 PURPOSE: To appropriate funds to pay FY 05 debt service on Series 2005 bonds, 05-106 301 County- Wide Capital Fund $55,817 $27,954,676 PURPOSE: To appropriate funds to renovate office space for State Representatives, 05-122 301 County- Wide Capital Fund $120,000 $28,074,676 PURPOSE: To appropriate SFWMD funds for Australian Pine removal proj ect. 17 1- Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 05-406 301 County- Wide Capital Fund $1,600,000 $29,674,676 PURPOSE: To appropriate transfer for approved proj ects from the unfinanced requirements (UFR) list. 05-031 313 Surplus Gas Tax Road Construction $5,252 $275,571,799 PURPOSE: To accept funds from Johnson Engineering for administrative costs for Goodlette- Frank Road proj ect. 05-088 313 Surplus Gas Tax Road Construction $45,000 $275,616,799 PURPOSE: To accept a donation from FPL for greenway construction, 05-115 313 Surplus Gas Tax Road Construction $2,250 $275,619,049 PURPOSE: To appropriate residual cash balance from the Livingston Road MSTD. 05-345 313 Surplus Gas Tax Road Construction $40,500 $275,659,549 PURPOSE: To appropriate funds to close out residual money in Special Obligation Rev Bonds Fund 290, 05-486 313 Surplus Gas Tax Road Construction $1,500,000 $277,159,549 PURPOSE: To appropriate the allocation of 2005 UFR money to CAT transit facility, 05-075 346 Parks Impact Fee $1,905,000 $73,081,897 PURPOSE: To appropriate funds for the purchase of the Mar Good property on Goodland for use as a future park, 05-346 346 Parks Impact Fee $14,100 $73,095,997 PURPOSE: To appropriate funds to close out residual money in Special Obligation Rev Bonds Fund 290, 05-405 355 Library Impact Fee $465,000 $3,714,331 PURPOSE: To appropriate the allocation of 2005 UFR money to capital. 171· Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 05-284 373 Isle of Capri Fire Control $55,300 $164,774 PURPOSE: To appropriate impact fees to purchase fire-fighting equipment for use in new construction high-rise buildings, 05-111 390 Government Facilities Impact Fees $4,500,000 $75,990,032 PURPOSE: To appropriate bond proceeds for the Courthouse Annex Parking Garage, 05-179 390 Government Facilities Impact Fees $732,000 $76,722,032 PURPOSE: To recognize bond proceeds for the increase in parking deck project. 05-180 390 Government Facilities Impact Fees $7,394,000 $84,116,032 PURPOSE: To recognize bond proceeds for in the courthouse annex proj ect. 05-181 390 Government Facilities Impact Fees $11,556,000 $95,672,032 PURPOSE: To recognize bond proceeds for the EOC building, 05-182 390 Government Facilities Impact Fees $1,327,000 $96,999,032 PURPOSE: To recognize bond proceeds for the Fleet facility, 05-480 412 County- Wide Capital Projects $1,219,685 $47,491,641 PURPOSE: To appropriate funds to allow for the transfer of proceeds of commercial paper loan, 05-105 413 Sewer Impact Fee $1,452 $86,292,137 PURPOSE: To appropriate funds from the sale of surplus underground utility parts at the South County Water Reclamation Facility site, 171 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 05-447 414 Sewer Capital Projects $278,000 $44,580,438 PURPOSE: To appropriate funds for costs associated with the Lely High School Force Main, 05-165 470 Solid Waste Capital $53,500 $33,340,038 PURPOSE: To appropriate funds to complete office renovations, 05-578 472 Solid Waste Grants $7,500 $70,500 PURPOSE: Grant matching funds will be appropriated in the Solid Waste grant fund, 05-332 495 Airport Authority $161,000 $2,923,119 PURPOSE: To appropriate jet fuel revenue to purchase additional fuel for resale at Marco Island, 05-402 495 Airport Authority Immokalee $22,100 $2,945,219 PURPOSE: To appropriate jet fuel revenue to purchase additional fuel for resale at Immokalee Airport, 05-112 496 Airport Authority Grants $115,000 $1,569,100 PURPOSE: To appropriate transfer to complete the Environmental Resource Permit for the Immokalee Regional Airport, 05-189 496 Airport Authority Grants $40,000 $1,609,100 PURPOSE: To appropriate funds to complete the Environmental Resource Permit for the Immokalee Airport, 05-421 496 Airport Authority Grants $2,000 $1,611,100 PURPOSE: To appropriate transfer to complete the security system for the Federal Inspection Station at the Immokalee Airport, Budget Amend. No. 171' Fund No. Fund Title Change Amount Fund Total 05-416 518 Risk Management $37,108 $6,041,593 PURPOSE: Appropriate transfer for the purchase of a gas monitoring system. 05-470 521 Fleet Management $60,000 $5,484,900 PURPOSE: To appropriate parts revenue to restock parts inventory, 05-619 652 Legal Aid Society $81,607 $308,707 PURPOSE: To appropriate carryforward to fund the Legal Aid Society operations through the end of the fiscal year 2005. 171 Heidi R. Rockhold Attachments: Heidi R. Rockhold Friday, October 14, 2005 10:32 AM 'Iegals@naplesnews,com' BCC NOTICE FY 2004-05 Adopted Budget BCC NOTICE-FY2004-05 Adopted Budget.doc; BCC Notice FY 2004-05 Adopted Budget.doc From: Sent: To: Subject: Legals, Please advertise the above mentioned notice on Saturday, October 22, 2005. Bee Bee Notice FY :E-FY2004-0S Adopt2004-0S Adopted .., If you have any questions, please call. Thank vou, " Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi, rockhold([~clerk. collier jl, us) Heidi Rockhold 17' · Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Friday, October 14, 2005 10:32 AM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT3443932,txt; BCC NOTICE FY 2004-05 Adopted Budget 11';':1.·...·...· t;:J LJ ATT3443932,txt (231 B) BCC NOTICE FY 2004-05 Adopted "'T.". ' , ,., II I D I' S" /I. r Of' " filS IS an auwmatlca y generate(. e 1l'{;'/)1 < latu.)' ivotpcatlOn. Your message has been succes.~fltlly relayed to the./bllowing recipients, but the requested delivery status not(jìcatiol1s may not be generated by the destination, I egals(~/)napl esnews. com Heidi Rockhold 17 r· Heidi R. Rockhold Attachments: System Administrator [postmaster@naplesnews.com] Friday, October 14, 2005 10:32 AM Heidi R. Rockhold Delivered: BCC NOTICE FY 2004-05 Adopted Budget BCC NOTICE FY 2004-05 Adopted Budget From: Sent: To: Subject: f:~-:l,,--·' U Bee NOTICE FY 2004-05 Adopted ... 'B('(" 1\ '()T1("E F}7 2()()4 () - A I I B I v «" . IV." ...:' ,,-.) / (, optec .' U{ ,?:et» Jour l1¡es,s'age To: legals(jt¿naplesnelvs, com Subject: BCC NOTICE FY 2004-05 Adopted Budget Sent: Fri. 14 Oc't 2005 10:31:50 -0400 was delivered to thefollrnvillg recipient(s): legals on Fri, 14 Oct 2005 10:32: 13 -04()() Heidi Rockhold 171 ... Heidi R. Rockhold From: Sent: To: Subject: Heidi R. Rockhold Friday. October 14, 200511 :12 AM 'Iegals@naplesnews,com' FW: PUDZ-A-2004-AR-6084, Bristol Pines PUD Attachments: PU DZ -A-2004-AR-6084(2 ),doc; PUDZ -A-2004-AR-6084(2) ,doc Pam, I still need the paper ok...... Thanks Heidi From: Sent: To: Subject: Heidi R, Rockhold Friday, October 14, 2005 10:36 AM 'Iegals@naplesnews,com' PUDZ-A-2004-AR-6084, Bristol Pines PUD Legals, Please advertise the above mentioned notice on Sunday, October 30, 2005, PUDZ-A-2004-AR-6 PUDZ-A-2004-AR-6 084(2),doc (29... 084(2),doc (32.., ~ryou have any question';, please call, Heidi R. Rockhold. Jvlinutes and Records Department 239-774-8411 (heidi. rockhold@clerk. collier}l. u.sj Heidi Rockhold .--- -_..__..~-_.._.~._--