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Agenda 05/09/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 9, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 A T 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL 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 IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 9 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. April 12, 2006 - BCCICollier County School Board Joint Workshop C. April 13, 2006 - BCCllmmokalee Initiative Workshop D. April 17, 2006 - BCCNanderbilt Beach Road Extension Special Meeting E. April 18, 2006 - BCC/EAR Special Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards Five Year Award 1. N. Rex Ashley, CPA for services on the Health Facilities Authority 4. PROCLAMATIONS A. Proclamation recognizing the Marco Island Historical Society and The Founding Ladies of that Society for their accomplishments and continuing efforts in the preservation of the history of the Marco Island Area. To be accepted by: Cindy Anderson, Marco Island Historical Society President, Joyce Martindell and Jackie Roseboom, daughter and granddaughter of the late Carol Campbell, Founder and President, who are co-chairing the Founders Tea, and Mary Lou Jankowski, daughter of the late Jane Hittler, Founder and Community Leader of Marco. Jane Hittler gave the first $1000 to start the museum drive. B. Proclamation recognizing May, 2006 as Mental Health Awareness Month to be accepted by Petra Jones, Exec. Dir., The Mental Health Assoc. of Collier County, Don Williams, Program Director and Roger Munz, President. C. Proclamation designating May 15-19,2006 as National Salvation Army Week. To be accepted by Captain Alejandro Castillo, Major Timothy Roberts and Dr. Don Thomsen. 5. PRESENTATIONS A. Recommendation to recognize Isles of Capri fire Control and Rescue District for the improved Insurance Services Office (ISO) rating within the District. 6. PUBLIC PETITIONS A. Public Petition request by Tony Ferro to discuss Old 41T Recycling FaCility-temporary conditional use permit request. B. Public Petition request by Charles Lam to discuss median openings allowing access to 70th Street SW. C. Public Petition request by Mr. Jim Rice to discuss waiving address ordinance to rename neighborhood park "Oakes Neighborhood Park". Page 2 of 9 ~.".._----..- Item 7 and 8 to be heard no sooner than 1:00 /J.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners adopt a Resolution to apply the annual indexing adjustment, which equals a 4% increase per land use category, to the Correctional Facilities Impact Fee rates thereby amending the Correctional Facilities Impact Fee rate schedule, which is Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances the same being the Collier County Consolidated Impact Fee Ordinance, as amended, and provide for a delayed effective date of June 12, 2006. B. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Six of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study; providing for the incorporation by reference of the impact fee study entitled Collier County School Impact Fee Update StUdy, establishing the methodology for the annual indexing adjustment to the Educational Facilities Impact Fee Rates, and providing for a delayed effective date of June 30, 2006. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Golden Gate Beautification Advisory Committee. B. Appointment of member to the Affordable Housing Commission. C. Appointment of member to the Utility Authority. D. Appointment of members to the Hispanic Affairs Advisory Board. E. Discussion regarding waiving the $10 per hour fees for the Immokalee Community Park meeting rooms for both the Immokalee Coordinating Council and the Immokalee Civic Association as a valid public purpose (Commissioner Coletta). 10. COUNTY MANAGER'S REPORT A. Recommendation for the Board of County Commissioners to formally adopt a Strategic Plan. (Winona Stone, Assistant to the County Manager) B. Recommendation to award Bid Number 06-3957 for underground utility supplies to Mainline Supply Co Ferguson Enterprises, Inc, Corcel Co, A&L Plumbing & Septic Supplies, Inc and Hughes Supply Co in the anticipated amount of $2,500,000. (Jim DeLony, Administrator, Public Utilities) C. Receive and approve the Progress Report for the Year 2005, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) D. Recommendation that the Board of County Commissioners consider the alternatives for conducting hearings on, and making final decisions for, variances and specified administrative review matters, and holding hearings and making recommendations on conditional uses. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Page 3 of 9 ---.----.".,-^.".,.---'_._.~.."..._,_.,_._w_..___ E. Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the programs past activities, for soliciting proposals and applications, and to approve the 4th Cycle Target Protection Areas (TPA) mailing strategy (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) F. Recommendation to adopt a resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012) (Norman Feder, Administrator, Transportation Services) G. Recommendation to approve selection of Consul-Tech Construction Management, Inc. a Qualified Firm, and award a Contract under ITN 06-3583 CEI Services for Collier County Road Projects, for Project No. 62081 Santa Barbara Boulevard from Davis Boulevard to Copper Leaf Lane in the amount of $2,405,006. (Norman Feder, Administrator, Transportation Services) H. Recommendation to award a construction contract in the amount of $1,975,530.87 to Energy Resources, Inc. and allocate $197,553.09 (10% of the construction cost) for contingency purposes to dredge Haldeman Creek, Project Number 510111, Bid No. 06-3960 and approve the necessary Budget Amendment and approve a change order to Contract Number 01-3216 Haldeman Creek Restoration Project to Woods Hole Group, Inc. in the amount of $264,074.00. (Norman Feder, Administrator, Transportation Services) I. This item to be heard immediately following Item 14A. Recommendation for the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) to authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the execution of the real estate contract, authorize a Phase I survey, and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore/Gateway CRA) (Companion to Item 14A) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 2:00 p.m. Recommendation for the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) to authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the execution of the real estate contract, authorize a Phase I survey, and authorize all necessary budget amendments. (Companion to Item 101) Page 4 of 9 .",-"' -,.,_.."'.._",_..'"--,--_,~'''_~_'u 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS --------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. --------------------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve an Interlocal Agreement identifying responsibilities in a management partnership between Collier County and the City of Marco Island for the Otter Mound Preserve. 2. Recommendation to approve for recording the final plat of Valencia Golf and Country Club Phase 2A, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payments received. 4. Recommendation to approve for recording the final plat of Cabreo at Mediterra, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5. Recommendation to approve final acceptance of the water utility facility for Quail Creek County Club Golf Course Maintenance Facility. 6. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Delasol Phase One. The roadway and drainage improvements will be privately maintained. 7. Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk Model Center. 8. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 2E, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk Phase 1A. The roadway and drainage improvements will be privately maintained. 10. Recommendation to approve three budget amendments to create and recognize a new Fund 111 cost center for the current budget year named Operations Support and Housing (OSH) Grants. 11. Recommendation to approve for recording the final plat of Verona walk Phase 4A, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12. Approve an Amendment No.2 of the FEMA Floodplain Mapping Study Interlocal Agreement with the City of Naples to provide funding for additional services requested by the Federal Emergency Management Agency. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) 13. Recommendation to approve an Access Request and Release form allowing Roy DeLotelle of DeLotelle and Guthrie, Inc. to access Conservation Collier lands, to approve the donation of in-kind consulting services for conducting red-cockaded woodpecker studies and to authorize the Chairman to sign the attached Access Request and Release form. Page 5 of 9 ~..., ~'~-' ._~"."-_."-- 14. Recommendation that the Board of County Commissioners approve the application by Advanced Medical Center, LLC for the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program and approve a reimbursement of $126,742.68 of Transportation Impact Fees paid related to the Site Development Plan (SDP) for the specified project, in accordance with the provisions of Section 10.02.07 of the Land Development Code (LDC), which will instead be paid with budgeted Fee Payment Assistance Program funds upon the execution of a binding Fee Payment Assistance Program Agreement. B. TRANSPORTATION SERVICES 1. Recommends Board's approval of Adopt-A-Road Agreements (5) for the following: Christopher Realty, Laura Faustino Century 21, Stoney's Citrus Farms, Anchor Health Centers and Valle Professional Services 2. Recommendation to approve a declaration setting aside county-owned lands for road right- of-way, drainage and utility facilities. (Fiscal impact: $18.50) 3. Recommendation to award Bid #06.3967 Davis Boulevard (SR 84) Phase I (US 41 East to Airport Pulling) landscape installation to Vila and Son Landscaping Corporation with a base amount of $136,684.10 and 10% contingency of $13,668.41 for a total of $150,352.51. 4. Recommendation to approve a Budget Amendment for a Work Order to PH&A, Inc. to provide Professional Services for the West Eustis Ave. Stormwater Improvements in Immokalee in the amount of $80,000. C. PUBLIC UTILITIES 1. Recommendation to approve Change Order 3 to Contract 05.3766R with Douglas N. Higgins, Inc. for the construction of a Pigging Station for Immokalee Road 30-inch Force Main in the amount of $12,142.71. Project 73943. 2. Recommendation to authorize a Budget Amendment in the amount of $60,000 for the construction and systems programming relating to the South Collier Water Reclamation Facility SCADA Reliability Improvements, Project 72514. 3. Recommendation to award Bid Number 06-3921 for the purchase of anhydrous ammonia for use by the Water Department in the estimated annual amount of $100,000 to Tanner Industries, Incorporated. 4. Recommendation to approve the sole source purchase of cartridge filters from the George S. Edwards Company in the estimated amount of $900,000. 5. Recommendation to award Work Order BE-FT -3785-06-04 with Boyle Engineering Corporation, for professional services for the Henderson Creek Potable Water System Rehabilitation in the amount of $180,280 - Project Number 71010. 6. Recommendation to approve a contract amendment with the South Florida Water Management District to participate in the surface water monitoring for the Picayune Strand Hydrologic Restoration in the amount of $40,000. 7. Recommendation to approve an amendment to the external auditing contract, 03-3497 Auditing Services for Collier County between KPMG, LLP and Collier County, in an amount not to exceed $87,453 for the purpose of performing an Internal Control Review and Risk Assessment of the Public Utilities Divisions core processes for bi/Jing, receipting, recording and safeguarding revenue generated from the utility enterprise activities conducted within the Division. 8. Recommendation to execute a potable water bulk services agreement between the Collier County Water-Sewer District and the City of Marco Island in order to provide long term potable water services to the Hammock Bay water service area. Page 6 of 9 D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners authorize the use of $71,943 from the Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. 2. Agreement Between COl/ier County and the Collier County Sheriffs Office to Designate COl/ier County Domestic Animal Services in Charge of Managing the Sale and Disposition of Impounded Animals and Animals Found in Distress Pursuant to Chapter 588 and Chapter 828, Florida Statutes, and 14, Article II, Code of Laws and Ordinances of COl/ier County, Florida Statutes. 3. Recommendation to approve the creation of a Program Leader Sports Coordinator position to be split funded by the Tourism and Parks and Recreation Departments. 4. This item continued from the April 25, 2006 BCC Meeting. Recommendation that the Board of County Commissioners Approve a Memorandum of Understanding with the School District of COl/ier County to Provide for Employee Screening in Compliance with the Jessica Lundsford Act. 5. Recommendation to approve purchase of furnishings for the Senior Center addition to East Naples Community Center in the amount of $48,516.33 from Office Furniture and Design Concepts. 6. Recommendation to approve a Letter of Understanding and Fee Schedule with Muller- Thompson and Naples Funeral Homes for indigent burial services. E. ADMINISTRATIVE SERVICES 1. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 2. Recommendation to approve Amendment No.6, for the Design of Annex fourth floor, update Complex Master Plan, specify furniture & furnishings for Annex and provide a sprinkler design for the parking garage to Contract # 00-3173 with Spil/is Candela DMJM in the amount of $280,560.00. 3. Recommendation to approve Amendment No. 01 to the Agreement with COl/ier County District School Board for the Driver Education Grant Program. 4. Recommendation to approve change order number one (1) to work order number SCD-FT-05- 01, under Contract 05-3850, Architectural Engineering Services for the COl/ier County Government Center, for the design and construction services for the chiller plant expansion with Spillis Candela DMJM in the amount of $339,920.00, and to approve Amendment #1 to Contract 05-3850, which will increase the annual total initial compensation for Work Orders issued to Spil/is Candella, from $500,000 to $2,000,000. F. COUNTY MANAGER 1. Award RFP 06-3902, Fixed Term Professional Engineering Services for Coastal Zone Management Projects to Humiston & Moore Engineers and Coastal Planning & Engineering, Inc. in an estimated annual amount of $1,000,000. 2. Recommendation to recognize the increase in Consultant Fees for the Medical Director of Emergency Medical Services in the amount of $25,000 due to added scope of responsibilities as well as the annual five percent (5%) increases as described in the Emergency Medical Services Medical Consultant Contract, which were approved by the Board through the annual budget process. Page 7 of 9 3. Recommendation to approve the renewal of a one-year contract with HealthStream, Inc. to provide Distance Learning Software for Collier County Emergency Medical Services at a cost of $28,080 and to approve a Budget Amendment to transfer funds in Fund 490, budgeted as a capital expense, to an operating account. 4. Recommendation to approve the hiring of twenty-eight (28) new paramedics in the Emergency Medical Services Department and to approve a Budget Amendment to fund those hires at a cost of $469,756. 5. Recommendation to award Bid # 06-3974 for the purchase of emergency medications to Alliance Medical, Boundtree Medical, Sun Belt Medical and Tri-Anim Health Services for the Emergency Medical Services Department for an estimated cost for FY 06 of $60,700. 6. Approve budget amendments. 7. Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $128,300 for personal services, operating expenses and capital outlay to provide startup funds for the North Collier Government Services Center. 8. Recommendation to adopt a joint resolution with Charlotte, Collier, Hendry and Lee Counties in support of a Sister Region partnership with the City of Yantai, Shandong Province, China to promote economic development, friendship and cooperation. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Forida Association of Counties 77th Annual Conference and Educational Exposition in Marco Island, Florida. $407.00 to be paid from Commissioner Halas' travel budget for hotel accommodations for 3 nights. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Lt. General Garner Luncheon on March 30, 2006 and is requesting reimbursement in the amount of $25.00, to be paid from his travel budget. 3. Commissioner Fiala requests Board approval for reimbursement for attending The Greater Naples Chamber of Commerce 3rd Annual Distinguished Public Service Awards serving a valid pubic purpose. Attended The Greater Naples Chamber of Commerce 3rd Annual Distinguished Public Service Award on Wednesday, April 19th, 2006 at the Hilton Hotel in Naples, Florida; $20.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for payment for attending an upcoming function serving a valid public purpose. Scheduled to attend The 2006 Tourism Week Celebration Sand Dollar Awards Luncheon at Naples Grand Resort & Club, Naples, Florida on May 19th, 2006 at 12:00p.m.; $25.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1. Recommendation to Approve an Agreed Order for Expert Fees and Costs Relating to the Acquisition of Parcels 106 and 806 in Collier County v. Tree Plateau Co., Inc., et aI., Case No. 03-0519-CA, Immokalee Road Project #60018. (Fiscal Impact: $12,487.50). 2. Recommendation to Approve an Agreed Order for Attorneys Fees Relating to the Acquisition of Parcel 150 in Collier County v. April Circle, Ltd., et aI., Case No. 04-3679-CA, Immokalee Road Project #66042. (Fiscal Impact: $3,510.00) Page 8 of 9 3. Recommendation to approve the Offer of Judgment in the amount of $17,700.00 as to Parcel 144 in the lawsuit styled Collier County v. Thomas A. Torrella, et aI., Case No. 04-393-CA (Vanderbilt Beach Road Project No. 63051). (Fiscal Impact $3,900.00) 4. Recommendation that the Board of County Commissioners Authorize the County Attorneys Office to Make a Business Damage Counter-offer to Settle a Claim for Business Damages by J.S. Roath Corp. Resulting from the Acquisition of Parcels 860 and 960 in the Case Styled Board of County Commissioners v. J.S. Roath Corp., et aI., Case No. 05-1093-CA (SCRWTP RO Wellfield Expansion Project No. 70892) (Fiscal Impact, if accepted, is $16,500.00) 5. Recommendation to approve settlement prior to completion of discovery in the lawsuit entitled Salkiewicz v. Howe, et aI., filed in the Twentieth Judicial Circuit In and for Collier County, Florida, Case No. 05-1606-CA, for $2,000.00. 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. A. Recommendation to approve Petition A VESMT -2005-AR-7656 to disclaim, renounce and vacate the Countys and the Publics interest in a 10 foot utility easement located in the Meadows at Quail Creek Village, Section 20, Township 48 South, Range 26 East and recorded in O.R. Book 1457 Page 1492, Public Records of Collier County, Florida and accept a 10 foot wide utility easement over the existing force main. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2005-AR-8745 Curtis Gunther of II Regalo, LLC, requesting a PUD Amendment for Carlisle Regency PUD. The PUD Amendment proposes to allow for a two-story single-family or two-family home as a replacement for the current one- story single-family or two-family home. The amendment is also requesting to revise the ownership of the PUD. The subject property consists of 11.7 acres and is located on the south side of Orange Blossom Drive, immediately east of Yarberry Lane, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2005-AR-8081 (CV) La Playa Golf Club LLC, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, is requesting a conditional use allowed per LDC Section 2.04.03 of the RSF-3 (Residential Single Family) zoning district for a Golf Course Maintenance Facility. This proposed conditional use will permit a reconfiguration of the site and construction of a new maintenance structure. The subject property, consisting of 2.5 acres, is located at 220 Cypress Way East, in Section 24, 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 9 of 9 ~_.._-"-~--"._---"._'~"'-_._.,,-~~- ""'------.._-~~~^,...,.__.~- AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 9. 2006 Add On Item 14B: Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of up to $65,088.50 of Bayshore Gateway Triangle Trust Funds from FY-06 Fund 187 budget, and to waive the competitive process to permit and pave lime rock residential streets within the Bayshore Gateway Triangle boundary. (Staff's request.) Move Item 16A13 to 10J: Recommendation to approve an Access Request and Release form allowing Roy DeLotelle of DeLotelle and Guthrie, Inc. to access Conservation Collier lands, to approve the donation of in-kind consulting services for conducting red-cockaded woodpecker studies and to authorize the Chairman to sign the attached Access Request and Release form. (Commissioner Henning's request.) Item 16D2: The following line is to be added to the Fiscal Impact section of the Executive Summary: "Cost to the County should not increase over past practices." (Commissioner Henning's request.) Move Item 16E4 to 10K: Recommendation to approve change order number one (1) to work order number SCD-FT-05-01, under Contract 05-3850, Architectural Engineering Services for the Collier County Government Center, for the design and construction services for the chiller plant expansion with Spillis Candela DMJM in the amount of $339,920.00 and to approve Amendment #1 to Contract 05-3850, which will increase the annual total initial compensation for Work Orders issued to Spillis Candela, from $500,000 to $2,000,000. (Commissioner Henning's request.) Item 16E1: Following is clarification of #10 under the "Administrative Change Order Report": This change order alters the contract reimbursement methodology to a total annual budget. Identifiable, eligible costs as specified in the cost proposal as attachment 3 of the agreement dated 9/27/05 will continue to be provided. (Staff's request.) NOTE: Item 10F: It is noted that Exhibit "D" the Condemnation Resolution for LASIP Phase 1 memorandum contains several grammatical scrivener errors. (Staff's request.) Item 8B: The date on the front page of the Final Report should be April 26, 2006 (rather than April 26, 2005. (Staff's request.) Time Certain Items: Item 14A to be heard at 2:00 p.m. Recommendation for the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) to authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the execution of the real estate contract, authorize a Phase I survey, and authorize all necessary budget amendments. ,.- ,- ,-- Board of County Commissioners Advisory Committee Service Awards Recipients Tuesday, May 9, 2006 # of Years Adviso Board 5 Health Facilities Authorit _._-"-.........'..,-"-.,,---~'"... .-.,-...'-...-- Agenda Item No. 3A May 9, 2006 Page 1 of 2 Agenda Item No. 3A May g, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 3A Item Summary: Meeting Date: 5-year Award: N. Rex Ashley, CPA for services on the Health Facilities Authority 5/9/2006 9:00:00 AM Prepared By Paula Springs Executive Aide to the BCC Date Board of County Commissioners BCC Office 5/1/200612:43:12 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 5/1/2006 1 :06 PM Approved By Leo E. OChs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/1/20064:47 PM PROCLAMA TION Agenda Item No. 4A May 9,2006 Page 1 of 2 WHEREAS, the Marco Island Historical Society would like to honor the vision of thirty-three women who met in May of 1994 to establish a historical society for the collection, preservation and documentation of the Marco and Collier County unique historical and archaeological artifacts and information; and, WHEREAS, the vision of these women has led to contributions to the County and Southwest Florida of a magnitude worthy of special recognition by the County; and, WHEREAS, in 1995 the Marco Island Historical Society took the lead in co-sponsoring an archaeological dig in Old Marco adjacent to the site of the Pepper-Hearst Excavation SCR-4S, and whose efforts were of such a magnitude that the County recognized them by proclamation; and, WHEREAS, the Marco Island Historical Society has successfully secured the loan of the Smithsonian Institutions panther /ion god, America's national treasure otherwise knows as the Key Marco Cat, for display at the Collier County Museum of Naples in 1995 and again at the Citizens Community Bank of Marco Island in the year 2000; and, WHEREAS, the Marco Island Historical Society was instrumental in helping preserve two historic sites in Collier County: the Church of God, which was the first church on Marco Island, and the Otter Mound Park property, one of the few remaining archaeologically and anthropologically significant sites which is owned by Collier County; and, WHEREAS, the VISIon of these women has progressed to the point that the Marco Island Historical Society is leading a community effort to build a county museum and cultural center on Marco Island to preserve the history and heritage of Collier County recognizing its unique place in history. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the Marco Island Historical Society and The Founding Ladies of that Society be recognized for the accomplishments and continuing efforts in the preservation of the history of the Marco Island Area. DONE AND ORDERED THIS 9th Day of May, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ,..."-... ATTEST: DWIGHT E. BROCK, CLERK Agenda Item No. 4A May 9, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4A Meeting Date: Proclamation recognizing the Marco Island Historical Society and The Founding Ladies of that Society for their accomplishments and continuing efforts in the preservation of the history of the Marco Island Area. To be accepted by: Cindy Anderson, Marco Island Historical Society President, Joyce Martindell and Jackie Roseboom, daughter and granddaughter of the late Carol Campbell, Founder and President, who are co-chairing the Founders Tea, and Mary Lou Jankowski, daughter of the late Jane Hittler, Founder and Community Leader of Marco. Jane Hittler gave the first $1000 to start the museum drive. 5/9/20069:00:00 AM Prepared By Paula Springs Board of County Commissioners Executive Aide to the BCC Date BCC Office 4/27/2006 1 :58:54 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/27/20063:21 PM Approved By Leo E. OChs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/2006 5:34 PM '~---''''''''--''''-'---" PROCLAMATION Agenda Item No. 48 May 9, 2006 Page 1 of 2 ~,~...." WHEREAS, mental health is essential to everyone's overall physical health and emotional well-being; and, WHEREAS, mental illness will strike one in five adults and children in a given year, regardless of age, gender, race, ethnicity, religion or economic status; and, WHEREAS, people who have mental illnesses can recover and lead full, productive lives; and, WHEREAS, an estimated two-thirds of adults and young people who have mental health disorders are not receiving the help they need; and, WHEREAS, the cost of untreated and mistreated mental illnesses and addictive disorders to American businesses, governments and families has grown to $113 billion annually; and, WHEREAS, community-based services that respond to individual and family needs are cost-effective and beneficial to consumers and the community; and, WHEREAS, the National Mental Health Association, the Mental Health Association of Southwest Florida and its national partners observe Mental Health Awareness Month every May to raise awareness and understanding of mental health and illness. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that May, 2006 be proclaimed as Mental Health Awareness Month and that we call upon the citizens, government agencies, public and private institutions, businesses and schools in Collier County, Florida to recommit our community to increasing awareness and understanding of mental health, and the need for appropriate and accessible services for all people who have mental illnesses. DONE AND ORDERED THIS 9th Day of May, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN .-- A TTI:ST: t:>WIGI-IT 1:. BROCK, CLI:RK Agenda Item No. 48 May 9,2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 48 Item Summary: Proclamation recognizing May, 2006 as Mental Health Awareness Month to be accepted by Petra Jones. Exec. Dir., The Mental Health Assoc. of Collier County. Don Williams. Program Director and Roger Munz. President. Meeting Date: 5/9/2006 9:00:00 AM Prepared By Paula Springs Board of County Commissioners Executive Aide to the BCC Date BCC Office 4/27/20063:16:09 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/27/2006 3:20 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/2006 5:31 PM Agenda Item No. 4C May 9, 2006 Page 1 of 2 PROCLAMATION ...-..... WHEREAS, The Salvation Army is motivated by a love of God and a love for mankind: and, WHEREAS, The Salvation Army serves as a symbol of compassion, and an active participant in the provision of services to thousands of men, women, and children in Collier County: and, WHEREAS, The Salvation Army Naples Corps provides spiritual counseling and basic human necessities to the needy and hurting on a daily basis: and, WHEREAS, The Salvation Army has touched the lives of so many by providing programs and services to residents for more than 20 years: and, WHEREAS, The Salvation Army was a vital partner in emergency disaster service after Hurricanes Katrina, Dennis, Rita and Wilma: and, WHEREAS, The Salvation Army provides its services with compassion to all people in need without discrimination. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 15-19, 2006, be designated as National Salvation Army Week and urge all citizens to join us in honoring the dedicated officers, employees, volunteers and supporters of The Salvation Army. DONE AND ORDERED THIS 9th Day of May, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK /'-. "~I;",'_"""",;,,,,; _,.'_"'.--..._._..._"'''..''''''''''''''.'''.;;.'''.....,.. ",.'..,.".,.,....""..............,.....,. - Agenda Item No. 4C May 9, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4C Item Summary: Proclamation designating May 15-19, 2006 as National Salvation Army Week. To be accepted by Captain Alejandro Castillo, Major Timothy Roberts and Dr. Don Thomsen. 5/9/2006 9:00:00 AM Meeting Date: Prepared By Paula Springs Executive Aide to the BCC Date Board of County Commissioners BCC Office 5/3/200612:11:36 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 5/3/2006 1 :06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/3/2006 3:50 PM Agenda Item No. 5A May 9, 2006 Page 1 of 2 .........'" Executive Summary Recommendation to recognize Isles of Capri Fire Control and Rescue District for the improved Insurance Services Office (ISO) rating within the District. OBJECTIVE: To recognize Isles of Capri Fire Control and Rescue District for the improved Insurance Services Office (ISO) rating within the District. CONSIDERATION: The Isles of Capri Fire Control and Rescue District is proud to announce the results of its most recent Public Protection Classification (PPC) survey by the Insurance Services Office (ISO). Residential, commercial, and industrial properties within the Isles of Capri Fire District will be rated as ISO classification 4, to take effect August 1, 2006. This is a significant improvement from the previous ISO classification of 6 for the District. Only 10.3% of communities countrywide have an ISO classification of 4 or better. Insurance companies use ISO - PPC classification and information to establish fair premiums for fire insurance - typically offering lower rates in communities with better protection. ,- ISO evaluated the Isles of Capri Fire Control and Rescue District according to uniform criteria defined in the Fire Suppression Rating Schedule, and awarded the improved rating due to excellence in fire operations and improved fire apparatus and water supply. The National Fire Protection Association and the American Water Works Association developed this nationally recognized set of criteria. ISO ratings range from 1 - 10, with 1 being exemplary fire protection and 10 being a fire program that does not meet minimum recognition criteria. FISCAL IMP ACT: There is no fiscal impact associated with this action. RECCOMENDATION: Isles of Capri Fire Control and Rescue District be recognized by the Board of County Commissioners for exemplary fire operations and improved ISO rating. Request the Chairman of the Board present Isles of Capri Fire Control and Rescue District with a plaque to recognize their achievements. PREP ARED BY: Jaime Sarbaugh, Public Information Coordinator Bureau of Emergency Services. ......_.,.'''~''.....,.._._-,''',_....'---_...'''.__.".'...,..,' Agenda Item No. 5A May 9, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 5A Meeting Date: Recommendation to recognize Isles of Capri fire Control and Rescue District for the improved Insurance Services Office (ISO) rating within the District. 5/9/2006 9:00:00 AM Prepared By Jaime Sarbaugh Public Information Officer Date County Manager's Office Bureau of Emergency Services 4/25/2006 6: 15:32 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 4/26/20069:12 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/20069:57 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/27/200611:27 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/20065:34 PM ""'"''''-'--~'''-''''''~~'''''~----'''.''--'-<~-'- .-' _. --- i ". Agenda Item No. 6A May 9, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Rorida 34112 · (239) 774-8383 . Fax (239) 774-4010 e April 25, 2006 Mr. Tony Ferro c/o David E. Weston Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104-6137 Re: Public Petition Request to Discuss Old 41T Recycling Facility Temporary Conditional Use Permit Request Dear Mr. Ferro: ~ Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 9, 2006, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. . The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building -F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance. please do not hesitate to contact this office. Sincerely, 2es~~~ County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, C.D.&E.S. Administrator --'*,... '"'"""-'''~'''''''''-'''-'''''''_"'''_'''''"'''''_'Uf~,~ '''I~""."''t,.,,, ." ".,.. .... , Agenda Ifern No. 6A May 9. 2006 Page 2 of 2 - . COASTAL ~ ENGINEERING . . ~ CONSULTANTS .... INC CECI Group Services Civil Engineering Plonnlng Services Survey & Mopping Coastal Engineering Real Estate Services Webs/Ie: www.coaslalenglneering.com A CECI GROUP COMPANY April 21, 2006 Mr. Jim Mudd Collier County Manager 3301 E. Tamiami Trail Naples, FL 34112 RE: Old 41T Recycling Facility Temporary Conditional Use Permit Request Dear Mr. Mudd: Our client, Mr. Tony Ferro, has been working to develop a recycling facility just east of Old US 41. Mr. Ferro began this project in 200 I with another consulting firm and b'ansferred the work to Coastal Engineering Consultants when that fum was acquired by Wilson Miller. Since then, we have been working with Mr. Ferro to develop a site plan that would accommodate his objective to recycle C&D material. -~ SDP # 4620 was approved with a few stipulations which most, if not all have been addressed. We are currently under contract to process an application for a conditional use permit for recycling C&D materials, with the pre-application meeting scheduled for next Wednesday, April 26, 2006. By some estimates, the process for applying for and being granted a conditional use permit can take six to nine months. The extremely protracted time-frame for securing the SDP has created a tremendous financial hardship for Mr. Ferro. The parcel sits on industrially zoned property. The Collier County Commission has reaffinned their policy of seeking to increase the amount of business waste that is re-directed away from our landfill and into recycling channels to extend the landfills useful life. Considering Mr. Ferro's dire need to begin processing recycled C&D material sooner rather than later, the industrial zoning, and Collier County's stated policy to encourage more recycling, Mr. Ferro has asked me to request the right to petition the Collier County Board of Commissioner's directly for a temporary conditional use permit to begin recycling while he pursues his conditional use pencit We understand that the Collier County Board of Commissioners has the authority to grant such an allowance and Mr. Ferro is requesting this consideration from the Board. Sincerely, Coastal Engineering Consultants, IDe. ~~ David E. Weston .. C- Tony Ferro Clayton R. Miller, P.E. Reber-t-Andrea 1 3106 S. Horseshoe Drive. Naples. Florida 34104-6137 . Phone (239) 643-2324 Fax (239) 643-1143 . E-Mall: engcollier@cecifl.com SERVING FLORIDA SINCE 1977 ,,..- Agenda Item No. 68 May 9, 2006 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 Apri/27,2006 Mr. Charles Lam 13490 Old Livingston Road Naples, FL 34109 Re: Public Petition Request to Discuss Median Openings Allowing Access to 70th Street S.W. Dear Mr. Lam: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 9, 2006 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ~eIY, ~~. Leo E. Ochs, Jr. Deputy County Man JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator '--...-...,<.".,,,..., -'_.~_.._..._. ,."..._-".....,.."~>.."-_..,..."....+"."',.".,.......<<o"..,,;,,~....~".,".,... ~ Request to Speak under Public Petition Agenda Item No. 68 May 9, 2006 Page 2 of 3 Please print Name: Charles Lam Address: 13490 Old Livingston Rd, Naples, FL 34109 Phone: eM 239-5144484 eC) 720-339-7729 Date of the Board Meetinq YOU wish to speak: May 9. 2006 Please explain in detail the reason YOU are requestinq to speak (attach additional pace if necessary): Please see attached draft Petition lsianatures to be oresented at oresentation with final CODY). Thank YOU Please explain in detail the action YOU are askinq the Commission to take (attach additional paqe if necessary): Please see attached draft Pettition lsianatures to be oresented at Dresentation with final CODY). Thank YOU C:\Documents and Settings\bodinejudi\Local Settings\Temporary Internet Files\0U<5\Public Petition Request Form.doc Agenda Item No. 68 May 9, 2006 Page 3 of 3 April 25, 2006 Collier County Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 -3969 PETITION Dear Commissioners: We, the undersigned, hereby petition the Collier County Board 0 f County Commissioners to prevent the elimination of the median openings allowing access to our homes on 70th Street S.W. as part of planned improvements to the Golden Gate ParkwaylLivingston Road intersection by the Transportation Engineering & Construction Management (TECM) Department of the Collier County Transportation Division. Should the elimination of the median openings continue as planned, we, the undersigned, petition the Collier County Board of County Commissioners to effect the installation of traffic lights at the intersection of Golden Gate Parkway and 68th Street S.W. to allow for protected U-turns for eastbound traffic along Golden Gate Parkway before any change in the median is allowed. Elimination of the median openings without the installation of a traffic light would result in the creation of a dangerous situation. Completing an unprotected V-turn and merging across three lanes of what will be one of the busiest arterial roads in Collier County will be significantly more difficult than simply crossing. There has already been one fatal car crash where we would have to complete this unprotected V-turn. The median openings are to be eliminated as part of the planned extension of the outer southbound left turn lane onto Livingston Road in anticipation of increased traffic volume. In a letter dated April 12, 2006 the director of the TECM Department recognizes that the existing left turn lanes are not currently being fully utilized. Please wait to see if there will be an issue before making a change that would so significantly affect not only our convenience but also our safety. The most basic function of government is to protect public health and safety. We have been unsuccessful in our communications with the Transportation Division. We turn to you, our publicly elected officials, to act. The Board of County Commissioners has the specific authority to change county roads and structures by resolution, granted by Florida Statute and referenced under Chapter 110 of the Collier County Ordinances. We urge you to expeditiously grant our petition. Sincerely, Concerned Residents of 70th Street S. W. (please see attached signatory sheets) Volunteer Contact: Dan Carter 2670 70th Street S.W. (239) 514-4484 _.,_,___~,"",~"""_;"_"",_,""",..,.,,,_",;<,;c..,,.,;"-.;;i\""'-;'.,,,.- "".......... Agenda Item No. 6C May 9,2006 . Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 April 27, 2006 Mr. Jim Rice 1990 Oakes Boulevard Naples, FL 34999 Re: Public Petition Request to Discuss Waiving Address Ordinance to Rename Neighborhood Park "Oakes Neighborhood Park" Dear Mr. Rice: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 9, 2006 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of ,- your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. $:~. Leo E. Ochs, Jr. qeputy County JVMljb cc: David Weigel, County Attorney Joseph Schmitt, C.D.&E.S. Administrator "~"",_.",-,_",.""---""-",,,,,,,.,.',"".~'~_"".'__4~ ,_,", ^"""'''' . ". ~"""".., .,.,..,,-.'" ,...,..",......"~","..,"....,".H''''H,,''"''',....,,.,.~'.~.., , , i . i ~ oap'~ ~ ~ lIICN\I)nO\lllLl JIIWIJII A.IuIcbt.L\tIfkv I j I I !~~ jP~, ~~ ~~, I I I "PIma} .)flq OJ uOfn,~woo 813 &Jpt88 818 nOA UOfIC . , I I I 1 i : J I j ! CLAY PLACE/BEACH WHEELS Fax: 941-775-1078 Apr 27 '06 17~rRO.t.ltem No. 6C May 9, 2006 Paae 2 of 2 , "~~~I ~l __ ,__ ~ -:~~i , i . . ~ ~ S~(J ~ ~ '~~ " ~C . ,~c:L ; !'J.. "Jhz. ~ .$55 . ,::>~n<ltflV! (U) 1 ~ ~~>t\l~ I I :1)' I i u6~fJ8d OIlQnd Jepun )f8aoS ~ II , p' :)fveas OII..lSflt\ nc I :eu04d o b bl :neJPPV ' . \N I f' :eWBN 1U.,ud ""lei Agenda Item No. SA May 9,2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt a Resolution to apply the annual indexing adjustment, which equals a 4% increase per land use category, to the Correctional Facilities Impact Fee rates, thereby amending the Correctional Facilities Impact Fee Rate Schedule, which is Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, and provide for a delayed effective date of June 12,2006. OBJECTIVE: That the Board of County Commissioners adopt a Resolution to apply the annual indexing adjustment, which equals a 4% increase per land use category, to the Correctional Facilities Impact Fee rates, thereby amending the Correctional Facilities Impact Fee Rate Schedule, which is Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, and provide for a delayed effective date of June 12, 2006. ",.-- CONSIDERA TIONS: Collier County has used impact fees as a funding source for growth-related capital improvements related to Correctional Facilities since June of 1999. On September 27,2005, the Board of County Commissioners (Board) adopted Ordinance No. 2005-47, thereby updating the Correctional Facilities Impact Fee, establishing the current Correctional Facilities Impact Fee rates and adopting the indexing methodology to be utilized for fee adjustments in the two years between formal update studies. The annual indexing was scheduled to be implemented on or about November I, 2006. Since the adoption of the revised Correctional Impact Fee and study, legislation has been proposed for the 2006 Legislative Session which provides statutory authority with respect to impact fees and the administration of such funds. Enactment of this proposed legislation will have a direct effect on Collier County, possibly as soon as July I, 2006. Current draft legislation does provide a limited "grandfather clause" for those impact fees adopted prior to July 1,2006, allowing such fees to remain effective until July 1,2008, at which time all impact fees must fully comply with the new law. On April 11, 2006, the Board adopted Ordinance No. 2006-15 to allow for the annual indexing adjustments to the Correctional Facilities Impact Fee rates "on or about May 1, 2006" in order to meet the terms of provisions in proposed legislation. The Correctional Facilities Impact Fee rate indexing was calculated based on the change in the Building Cost Index, provided by the Engineering News-Record for the most recent period available and in accordance with the adopted indexing methodology, and results in a 4 percent (4%) increase to each of the land use categories on the Correctional Facilities Impact Fee rate schedule. ...- Correctional Facilities Indexing Page 3 Agenda Item No. 8A May 9, 2006 Page 2 of 8 FISCAL IMPACT: The Correctional Facilities Impact Fee provides financial resources for the construction and/or expansion of public correctional facilities and related capital equipment required to accommodate growth. It is anticipated that approval of this rate indexing will generate an additional $91,000 per fiscal year. The following chart shows side-by-side comparison examples of the current and the proposed impact fee rates: Land Use Current Fee Proposed Fee Dollar Change Single-Family $123 $128 $5 1,200 square feet Single-Family $205 $213 $8 2,000 square feet Single-Family $257 $267 $10 2,500 square feet Multi-Family $101 $105 $4 1,800 square feet Office $2,132 $2,217 $85 10,000 square feet Retail $5,426 $5,643 $217 10,000 square feet General Industrial $296 $308 $12 ] 0,000 square feet GROWTH MANAGEMENT IMPACT: The application of this annual indexing is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate cost of facility improvements necessitated by growth. " Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. This rate indexing provides additional funding for capital projects related to Correctional Facilities, promotes predictability of the annual revenues, reduces costs for services of rate consultants, allows the development and construction industries to plan more accurately for scheduled increases and helps to avoid large rate escalations caused by time lapses between formal studies. LEGAL CONSIDERATIONS: The proposed Resolution and rate schedule are legally sufficient for Board consideration and approval. ,.-.." Correctional Facilities Indexing Page 3 Agenda Item No. SA May 9, 2006 Page 3 of S RECOMMENDATION: That the Board of County Commissioners adopt a Resolution to apply the annual indexing adjustment, which equals a 4% increase per land use category, to the Correctional Facilities Impact Fee rates, thereby amending the Correctional Facilities Impact Fee Rate Schedule, which is Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, and provide for a delayed effective date of June 12,2006. Prepared by: Amy Patterson, Impact Fee/Economic Development Manager Operations Support and Housing, CDES Item Number: Item Summary: Meeting Date: Agenda Item No. 8A May 9,2006 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A Recommendation that the Board of County Commissioners adopt a Resolution to apply the annual indexing adjustment, which equals a 4% increase per land use category, to the Correctional Facilities Impact Fee rates thereby amending the Correctional Facilities Impact Fee rate schedule, which is Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances the same being the Collier County Consolidated Impact Fee Ordinance, as amended, and provide for a delayed effective date of June 12, 2006. 519/2006 9:00:00 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 4/24/200612:28:27 PM Approved By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 4/24/20062:13 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/25/2006 8:33 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 4/26/20068:13 AM Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Date Financial Admin. & Housing 4/26/200612:22 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/26/2006 5:21 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/27/200610:12 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 4/28/20065:30 PM Approved By Michael Smykowski Management & Budget Director Date Agenda Item No. 8A May 9, 2006 Page 5 of 8 County Manager's Office Office of Management & Budget 4129120062:55 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/1120066:55 PM Agenda Item No. SA May 9, 2006 Page 6 of S RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, THEREBY INCREASING THE CORRECTIONAL FACILITIES IMPACT FEE RATES BY 4 PERCENT PER LAND USE CATEGORY IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE FOUR OF APPENDIX Aj PROVIDING FOR A DELAYED EFFECI'IVE DATE OF JUNE 12,2006. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, on September 27, 2005, the Board of County Commissioners adopted Ordinance No. 2005-47, thereby updating the Correctional Facilities Impact Fee and amending Schedule Four of Appendix A of Chapter 74 of the Code, thereby establishing the current Correctional Facilities Impact Fee rates and adopting the indexing methodology to be utilized for fee adjustments in the two years between formal update studies; and WHEREAS, on April II, 2006, the Board of County Commissioners adopted Ordinance No. 2006-15 to allow for the annual indexing adjustments to the Correctional Facilities Impact Fee rates "on or about May I, 2006" in order to meet the terms of provisions in proposed legislation that will allow for impact fees adopted prior to July I, 2006 to remain in effect until July 1, 2008, at which time they must fully comply with all new provisions of law; and WHEREAS, the Correctional Facilities Impact Fee rate indexing was calculated based on the change in the Building Cost Index, provided by the Engineering News-Record for the most recent period available and in accordance with the adopted indexing methodology; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, this action will allow Collier County to continue to provide for capital improvements to the Correctional Facilities system necessitated by growth; and ~ texl i. added; s.....I' lllr.vlk text is deleted Page 1 oD Agenda Item No. SA May 9,2006 Page 7 of S WHEREAS, this application of indexing adjus1ments provides for a 4 percent increase in the Correctional Facilities Impact Fee rates; and WHEREAS, staff has thoroughly reviewed the calculations and findings and staff concurs with the recommended increase to the Correctional Facilities Impact Fee rate schedule, and staff recommends that the Board of County Commissioners adopt this Resolution to implement these recommended changes; and WHEREAS, the Board of County Commissioners accepts the recommendations from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the Correctional Facilities Impact Fee rates set forth in the revised Schedule Four of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated by reference herein as Exhibit "A," are fair and reasonable and are to be assessed to those who receive or will receive benefits from correctional facilities, which are necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised Correctional Facility Impact Fee rates will take effect as of Monday, June 12, 2006. This Resolution is adopted after motion; second and majority vote favoring adoption this day of May, 2006. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY CO:M:MISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRANK. HALAS, Chairman ~ 1<:>1 i. added; SlIuoklb...p. teXI is deleted Page 2 00 APPENDIX A SCHEDULE FOUR: CORREcnONAL FACILITIES IMPACf FEE RATE SCHEDULE Land Use CorrectioaaI Facilities Impact Fee Per SquInl Foot SiDgle.Family Detacbed ~pcr square foot"' ~perllquan: foot"'- Other RcaideatiallNuniug HOI!ll:l Non-ResIdential: Lodgtng Botell Motel ~peraquare foot MedK:al Hospilal ~per square foot Commercial Office ~persquare foot ~persquare foot ~persquare foot ~pcrsquare foot ~per square foot R.etail/ColJJlDllfCial.lRccreation RcataurBntlBar /Lounge 1Ddu81ria11Mauufacturins LciBureIOutdoor Institutio1l8 ChlD'Ch ~persquan: foot ~perequare foot ~pcr square foot SchooL/Conege Govcmmcntlpublic buildings - The Com:ctional Facilities Impact Fee b capped hued upon the fce applicable to a 4,000 square foot (liviDg area) Single-Family Detached dWlllliDg UDit. -. The Com:ctional Facilities Impact Fcc b capped bued upon the fee applicable to a 4,000 8qu1nl foot (living area) Other R.esideutia1 d_lliDg UDit. The cap does Jl()t apply to the squatC footage ofNUISiDg Homes. l1Dllsr.IlDollllllll ill 1Iddccl; ll_k ...... Illlll ia dolCll:cl Paae 3 of3 Agenda Item No. 8A May 9, 2006 Page 8 of 8 Agenda Item No. 88 May 9,2006 Page 1 of 46 ..-.... EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Six of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study providing for the incorporation by reference of the impact fee study entitled "Collier County School Impact Fee Update Study", establishing the methodology for the annual indexing adjustment to the Educational Facilities Impact Fee Rates, and providing for a delayed effective date of June 30,2006. - OBJECTIVE: That the Board of County Commissioners (BCC) adopt an Ordinance amending Schedule Six of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Code) which is the Collier County Consolidated Impact Fee Ordinance (CIFO) to reflect the amended impact fee rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled "Collier County School Impact Fee Update," and establishing the methodology for the annual indexing adjustment to the Educational Facilities Impact Fee rates in order to continue to provide financial resources to the District School Board of Collier County (District) for the construction and/or expansion of educational facilities necessitated by growth. CONSIDERATIONS: Collier County has collected impact fees on behalf of the District School Board of Collier County since 1992 with the impact fees being used as a funding source for growth-related capital improvements related to educational facilities. The BCC established the current impact fee rates in May of 1992 with the requirement to review the study "from time-to-time" in connection with the "Collier County School Board 5- Y ear Capital Outlay Summary." During the time period of 1992 through 2001, no reviews of the study/rates were conducted. The requirement for the update of impact fees "at least every three years" is set forth by Section 74-502 of the Collier County Consolidated Impact Fee Ordinance (CIFO) which was adopted in March of 2001, making the Educational Facilities Impact Fee immediately out of compliance with the said provision. In keeping with the formal update requirement, the County executed a consultant contract with Henderson, Young and Company in 2002 to complete the update study; however, that contract was terminated by the BCC in January of2005, with further direction given, through the County Manager, for staff to retain a new consultant to complete the study. Tindale-Oliver and Associates, Incorporated (Consultant) was selected as the new consultant on March 29, 2005. Also working on this project is Mr. Greg Stewart of Nabors, Giblin and Nickerson, P.A., as the County's outside counsel, and Dr. James C. Nicholas, who is the consultant to the District. -,,-..- Since the execution of the contract with the new Consultant in March of 2005, staff from both the District and the County have been working to collect and provide the requisite information to the Consultant. On February 13, 2006, a joint meeting of the District staff, Dr. Nicholas, County staff and Tindale-Oliver was held to discuss the status of the Educational Facilities Impact Fee Update Page 2 Agenda Item No. SB May 9,2006 Page 2 of 46 study, questions on data collection, timelines for submission of data and upcoming meeting schedules. At this meeting, March 31, 2006 was established as the date that the first draft of the update study would be released for staff review, requiring all remaining data to be submitted reasonably in advance of the specified date. On March 31, 2006, the first draft of the update study was distributed for staff (District and County) review, with direction that all data within the study be reviewed for accuracy and applicability. The draft was also then provided to Mr. Stewart and Dr. Nicholas. The impact fee rates in the first draft ranged from $12,000 to over $14,000 per unit, depending on the land use and size of the dwelling unit. Upon review, Dr. Nicholas offered his opinion and suggestions on the update study, data used and other relevant issues. District staff also provided additional data and clarifications relative to comments and follow-on questions by Tindale-Oliver, Dr. Nicholas and Mr. Stewart. This additional information resulted in several downward adjustments to the draft rates. On April 6, 2006, the Productivity Committee Sub-Committee for the Educational Facilities Impact Fee Update held their first meeting to discuss the update study. County and District staff were in attendance. The sub-committee provided recommendations and had several follow-up questions on the Capital Improvement Plan, costs and revenue credits, for follow-up by Tindale-Oliver and the District staff, before presentation of the study to the full Productivity Committee on April 19, 2006. District and County staff continued to work with Tinda1e-Oliver, Dr. Nicholas and Mr. Stewart on all of the remaining issues in order to reach a consensus prior to the Productivity Committee meeting and the April 20th School Board meeting. At the April 19th Productivity Committee meeting, also attended by District and County staff, a status report on the study was provided and the Committee suggested that they delay making their final recommendation to the BCC until after the final report was issued and the School Board provided their official recommendations. The impact fee update was discussed by the School Board at their regular meeting on April 20, 2006. Steve Tindale, of Tindale-Oliver and Associates, Inc. made a presentation to the School Board which included an overview of the relevant issues, differences in calculations, types of data used and the resulting fees, as well as recommended credit calculations. Based on each type of analysis, the impact related to a 2,000 square foot home equaled approximately $1 1,000 prior to the inclusion of additional revenue credits, which could serve as a significant reduction. Dr. Nicholas also reported to the School Board and stated that he believed that the study was headed in the right direction and that the School Board should be prepared to make an informed recommendation after the workshop on May 2, 2006, where the impact fees study is scheduled to be discussed in detail. Therefore, the School Board did not make a formal recommendation at the April 20th meeting but rather deferred to the May 2nd workshop. Educational Facilities Impact Fee Update Page 3 Agenda Item No. 8B May 9,2006 Page 3 of 46 The revised draft of the update study, based on the sequence of events above, all finalized data and the recommendations of Mr. Stewart and Dr. Nicholas, was provided to staff on April 26, 2006. Dr. Nicholas, in a memo dated April 29, 2006, compared the Tindale- Oliver calculations to his own and stated that "The two sets of calculations are remarkably close. The two methods used to make the calculations are d[fferent but still consistent. " However, Dr. Nicholas also had one remaining concern related to the mobile home and multi-family rates as they seemed disproportionately high in comparison to the other single-family rates, but Dr. Nicholas did not "have the data to offer an alternative." With respect to the remaining concern expressed by Dr. Nicholas, Tindale-Oliver contacted the Census Bureau and were able to obtain data that separated Collier data from the larger group, including Highlands, DeSoto, Hardee, Glades and Hendry counties that was used in the previous calculation. The utilization of this local data did not change any of the agreed upon methodology, but did change the distribution of the student generation rate among the land uses, resulting in higher rates in the single- family categories and lower rates in the multi-family and mobile homes categories. This change not only addresses Dr. Nicholas's concerns with respect to the mobile home and multi-family rates but also is consistent with the current legislative trend to require the use of localized data. The revised rate schedule, as represented in the table below, provides rates that are reduced from the first draft. This change is due in part to very conservative revenue credits, additional updated data provided by the District, and recommended modifications in approach. The attached report describes the technical and legal framework and methodology used to complete this update study and incorporates the recommendations of the parties above. At the BCC Public Hearing for the Adoption of this impact fee update, Steve Tindale will present his findings and provide the Board of County Commissioners an opportunity to ask questions and discuss the process leading to the development of this fee. As previously stated, the School Board is holding a workshop on this matter on May 2, 2006, and also have a regular meeting on May 4, 2006. The School Board had previously committed to finalizing their recommendations on the impact fee study and rates at the workshop. County staff will present the School Board recommendations, for BCC consideration, at the Public Hearing for the adoption of the impact fee study and rates on May 9, 2006. County staff firmly believes that Tindale- Oliver has gone above and beyond to address the concerns and recommendations of the District and their Consultant, as well as the advice of outside counsel, and are presenting an impact fee study that is extremely conservative and legally defensible. Educational Facilities Impact Fees are collected by Collier County through the provisions of Chapter 74 of the Code and are transmitted to the District for the purpose of funding growth-related capital improvements and in accordance with the "lnterlocal Agreement for Collier County Educational Facilities Impact Fee Ordinance" between the County and the District. The Code provides a uniform procedure for the imposition, calculation, collection, expenditure and administration of all of the adopted development impact fees; however, because the Educational Facilities Impact Fees are transmitted to the District, provisions of the above InterIocal Agreement specifY that the Educational Facilities Educational Facilities Impact Fee Update Page 4 Agenda Item No. 88 May 9. 2006 Page 4 of 46 Impact Fees may only be used for the purpose of "providing growth-necessitated construction improvements..." The combination of the uniform use procedures contained within the Code as well as the requirements of the Interlocal Agreement will ensure that Educational Facilities Impact Fees are "earmarked" and expended for the public facilities for which they were imposed and collected. The fee schedule proposed in this update utilizes the same rate structure being used for several of the County's other residential impact fees and provides expanded categories, by square footage, from the current rate schedule. The proposed fee schedule is considered by the Consultant to be the most accurate and legally defensible option for the imposition of these impact fees and also provides a user friendly schedule that can be easily understood and applied by both staff and customers. Below is a side-by-side comparison of current and proposed Educational Facilities Impact Fee rates per land use: LAND USE CURRENT PROPOSED DOLLAR PERCENT RATE RATE CHANGE INCREASE Single-Family $],778 $8,228 $6,450 363% Less than 1,500 sq ft Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit (living area) Single -Family $],778 $9,206 $7,428 418% 1,500 -2,499 sq ft Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit (living area) Single-Family $1,778 $10,0]7 $8,239 463% 2,500 sq. ft. or larger Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit (living area) Multi-Family $827 $2,862 $2,035 246% Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Mobile Home $1,234 $5,724 $4,490 364% Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit As discussed above, the proposed Educational Facilities Impact Fee rate schedule and study are being reviewed by the Productivity Committee's Sub-Committee for the Educational Facilities Impact Fee Update and the report and rate schedule will be presented to the Productivity Committee for the final time on May 8, 2006. Due to the timing requirements for the submittal of this Executive Summary as well as the dates of a workshop and regular meeting of the School Board, at which the impact fees will be discussed, the Productivity Committee has scheduled a special meeting of the committee Educational Facilities Impact Fee Update Page 5 Agenda Item No. 88 May 9, 2006 Page 5 of 46 for May 8, 2006 which will allow the members to review all pertinent information before making a final recommendation. The findings and recommendations of the Productivity Committee will be presented, for the record, at the public hearing for this item on May 9, 2006. Furthermore, the proposed Educational Facilities Impact Fee rate schedule and the updated study will be presented to the Development Services Advisory Committee (DSAC) for review and consideration on May 3, 2006 at the regular meeting. The findings and recommendations of the DSAC will also be presented, for the record, at the public hearing for this item. GROWTH MANAGEMENT IMP ACT: The proposed impact fee rates are designed to provide adequate funding for the acquisition of land and the construction of educational facilities and capital improvements necessitated by growth. While educational facilities are not currently incorporated as part of the Collier County Growth Management Plan (GMP), the adoption of the proposed Educational Facilities Impact Fee update is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the GMP, which states: "Future development will bear a proportionate cost of facility improvements necessitated by growth. " Additionally, the updated impact fees will provide critical funding related to school construction which will directly support the new mandate for School Concurrency. In regard to the effects of impact fees on new housing development, a 2,000 square foot (living area) single-family home would have an associated Educational Facilities Impact Fee of$9,206, an increase of$7,428, which is a 34% increase in the total impact fees for a single-family home (on Collier County Water and Sewer and including the new Parks and Road fees). However, on July 27,2005, the Board of County Commissioners adopted an amendment to the CIFO establishing the County-wide Impact Fee Deferral Program for affordable housing. Therefore, this impact fee increase will be included in the total deferred amount for qualifying dwelling units and will not create a financial burden to those qualifying individuals. FISCAL IMPACT: Based upon assumptions from actual past collections of Educational Facilities Impact Fees, which generate approximately $8 million in annual revenue, and current permitting activity and forecasts, the projected change in Educational Facilities Impact Fee revenue, associated to the study and corresponding fee schedule changes, is anticipated to be approximately an additional $23 million in annual collections; however, changes in the trends associated with the types and sizes of new homes being constructed in Collier County will directly affect this incoming impact fee revenue stream. Educational Facilities Impact Fee Update Page 6 Agenda Item No. 88 May 9, 2006 Page 6 of 46 Additionally, all penn its that are currently "in progress" via a complete building permit application are not subject to imposition of the revised impact fee. The revised Educational Facilities Impact Fee rate will apply to all residential pennits applied for on or after June 30, 2006. Upon adoption of this Ordinance, the County will commence with the three-year Educational Facilities Impact Fee update cycle pursuant to Subsections 74-201.b. and 74- 502.a of the Code as well as the requirement for annual indexing of the Educational Facilities Impact Fee. The Ordinance amendment sets forth methodology to be used to index the Educational Facilities Impact Fee rates in the two years between the formal three-year updates. The annual indexing adjustments utilize infonnation from just property values published by the Collier County Property Appraiser's Office, building cost index published by the Engineering-News Record, and the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics in order to incorporate changes in the relevant costs of providing Educational facilities, related capital equipment and fleet in the years between formal updates of the impact fee. Based on direction given by the Board of County Commissioners on February 28, 2006, staff will be developing a Request for Proposal for a study to generate a localized building cost index to be used as a component in the annual indexing formulas for County impact fees. Upon the completion of the study and approval by the Board, the indexing methodology for each impact fee would then be amended. In the interim period, the consultant has provided a reliable indexing methodology for this impact fee. LEGAL CONSIDERATIONS: The proposed Ordinance is legally sufficient for Board of County Commissioners consideration and approval. RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance amending Schedule Six of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to reflect the amended impact fee rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, "Collier County School Impact Fee Update" and establishing the methodology for the annual indexing adjustment to the Educational Facilities Impact Fee rates in order to continue to provide financial resources to the District School Board of Collier County for the construction and/or expansion of educational facilities necessitated by growth, with a delayed effective date of June 30, 2006. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, Operations Support and Housing, CDES Agenda Item No. 88 May 9,2006 Page 7 of 46 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 88 Meeting Date: Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Six of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance). to reflect the amended rates set forth in the impact fee study; providing for the incorporation by reference of the impact fee study entitled Collier County School Impact Fee Update Study, establishing the methodology for the annual indexing adjustment to the Educational Facilities Impact Fee Rates. and providing for a delayed effective date of June 30, 2006. 519/2006 9:00:00 AM Prepared By Amy Patterson Impact Fee Manager Date Community Development & Environmental Services Financial Admin. & Housing 4/27/2006 4:55:50 PM Approved By Constance A. Johnson Operations Analyst Community Development & Environmental Services Admin. Date Community Development & Environmental Services 5/1/20061 :54 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 5/1/20062:02 PM Approved By Garrett Mullee Financial Operations Manager Date Community Development & Environmental Services Financial Admin. & Housing 5/1/20063:05 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 5/1/20064:39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/2/2006 1 :31 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/2/2006 6:02 PM ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SIX OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY SCHOOL IMPACT FEE UPDATE STUDY"; AMENDING THE EDUCATIONAL FACD.,ITlES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE EDUCATIONAL FACILITIES IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF JUNE 30, 2006. WHEREAS, on May 13, 1992, the Board of County Commissioners adopted Ordinance No. 92-33, the Collier County Educational Facilities System hnpact Fee Ordinance, thereby establishing the County's then applicable Educational Facilities hnpact Fee rates, and, as such, those rates have been in effect for more than fourteen (14) years; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001.13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code''), and incorporating the aforementioned Educational Facilities hnpact Fee rates that had been established by the adoption of Ordinance No. 92-33; and WHEREAS, development and population growth has brought and will continue to bring increasing demands for additional educational facilities; and WHEREAS, adequate educational facilities are essential to the preservation and improvement of quality of life and are necessary in the interest of public health, safety and welfare; and WHEREAS, Educational Facilities Impact Fees are collected by Collier County (the "County") and transmitted to the District School Board of Collier County (the "District") for the purpose of funding growth-related capital improvements and in accordance with the "Interlocal Agreement for Collier County Educational Facilities Impact Fee Ordinance" between the County and the District; and WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Tindale-Oliver and Associates, Incorporated (the "Consultant''), to review the existing Educational Facilities Impact Fees and recommend changes to the fees where appropriate; and ~ _ iJ odded; _h 1hN... _ iJ delcto:d Agenda Item No. 8B May 9, 2006 Page 8 of 46 WHEREAS, the Consultant has relied upon the District for information related to the current land and building inventory, vehicle inventory, planned school facilities and associated historical and projected financial information, current and projected school enrollment figures, and all other information relevant to past and future capital improvements necessitated by growth; and WHEREAS, the District uses impact fees to supplement the fimding of necessary capital construction and/or improvements to facilities required to provide public educational facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has reviewed the existing demand for public schools and education related support buildings and equipment, the method of financing the existing public school system and the existing level of service standards; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County School Impact Fee Update," dated April 26, 2006 (hereinafter the "Study''); and WHEREAS, the Study recommends changes to the Educational Facilities Impact Fee Rate Schedule, as set forth in Schedule Six of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to more equitably distribute the costs of acquiring and constructing public educational facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by residential land uses; and WHEREAS, the Consultants have developed fee calculation and indexing methodologies that will be imposed in an equitable and non-discriminatory manner, and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Educational Facilities lmpact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows; Section 74-106. Adoption of Impact Fee Studies. *** ~ text i. lidded; glN.II lIlf<Iysft text ill deleted Page 2 of 5 Agenda Item No. 8B May 9, 2006 Page 9 of 46 (6) Educational facilities: "lmJlaet Fees fer Bd1:leatiaBed Faeilities iB Callier Ca\i:ftfy, Flarida," Jlleparea 13)' IIeaaelBElfl, YelHlg & Ca~BllY (M~' 13, 1992), !Ill 8mBBSea lIBa tae "Callier CalHlty SeResl Beard S Year Cllflitel. Outl&y Summar:t "Collier County School lmDact Fee Update." preoared by Tindale-Oliver and Associates. Incorporated (April 26. 2006) and the District School Board of Collier County Canital Improvement Plan for Fiscal Year 2006/07 - Fiscal Year 2010/11 *** SECTION TWO. Article ill, Special Requirements for Specific Types of Impact Fees, Section 74-307, Same--Educational facilities impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-307. Same - Educational facilities impact fee. *** (l!:) Annual mid-cYcle educational facilities impact fee rate indexin2'. Becinnim~ on May 9. 2006. the County shall commence a three-year Educational Facilities Impact Fee uooate cycle pursuant to Subsections 74-20l(b) and 74-502(a) of this chaoter. On or about May 1 of each of the two mid-years between updates. the County shall implement adiustments to building costs based upon the building cost index provided by the Emrineering News-Record and weighted as 79 percent of the index. Dlus the eauipment and vehicle costs. based on the Consumer Price Index for the Miami-Ft. Lauderdale area provided by the Bureau of Labor Statistics. weighted as 9 percent of the index. plus the ten-year historical trend in total iust values for all countywide nropertv (including buildings and structures) published bv the Collier County Property Appraiser's Office, weighted as 12 nercent of the index. Mid-cycle indexed rate change adiustments shall be adopted by a resolution of the Board pursuant to subsection 74-20Hb) of this chapter. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 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 and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section." "article," or any other appropriate word. ~ tex.t is added; 8t1=uQll[ tPPUl:Igh text is deleted Page 3 of5 Agenda Item No. 88 May 9, 2006 Page 10 of 46 SEC'l'ION FIVE, :un:ctn'JI: DATB. Tbia 0IdiaaDce IbIIl be.efl'ectiye .J\IDID. 30, 2006.lUbject to fUiD& with the P10rida Daplll'lmellt ofStlda. PASSED AJ!U) DULY ADOFl'BDb>' the Boad of County ro-.u...... ofCODia Ccnmt.y,PIod4aeu.:...-.. dayof~. 2006. ATl'BST Dwipt B. Broc:k, Ciedr: BOAID OPOOUNTY COMMISSlONBR8 OF cor.r.TRlt COUNIY,:FLORIDA By. By: P.IlANI:HA.LAS;~ . Depatya.t Ap l'lmld... to imn and lepl tufIi~ 1IIIIdIIIlI....1I1IIII; .....4........... ..... ......",5 Agenda Item No. 8B May 9,2006 Page 11 of 46 APPENDIX A SCHEDULE SIX: EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Housing Type Impact Fee& RIm Sl,71i,oo 58,228 Del' dwellin~ unit 59.206 Del' dWl'lllimr unit 510.017 De!' dwellin~unit 827.00 52.862 per dwellinl! unit 1,2~ 1.00 55.7241'<< dwel1in2 unit Single-Family Less thm 1.500 SQuare feet 1.500 - 2.499 sauare feet 2.500 square feet or lar2cr Multi-Family Mobile Home 1bIIIadiIIlII- II eddlod; 1lWoIo....... _ II cIdeCDS Pqe~of5 Agenda Item No. 8B May 9, 2006 Page 12 of 46 COLLIER COUNTY SCHOOL IMPACT FEE UPDATE FINAL REPORT -a'''\- L I ~/.. '-'.'. . ....'......... ',J ,.'J/'::~ I . --. (il(,\: ,'\..:... Prepared for: COLLIER COUNTY and DISTRICT SCHOOL BOARD OF COLLIER COUNTY April 26, 2005 Prepared by: Tindale-Oliver & Associates, Inc. 1000 North Ashley Drive, Suite 100 Tampa, Florida, 33602 ph (813) 224-8862, fax (813) 226-2106 Agenda Item No, 8B May 9, 2006 Page 13 of 46 Agenda Item No. 8B May 9, 2006 Page 14 of 46 TABLE OF CONTENTS In trod u ctio 0..... ........ ........ .......... ....................... .......... ...... ..... .......... ........ ....... .......... ...... 1 Legal Bas is .......... ...... ............ ........ .......... ............. .......... ........ .......... ... ........ .... ............. ... 1 Dual Rational N exus Test .................................... .................... ................. .............. 2 School Impact Fees in Florida - the Case Law....................................................... 2 Inv eo to ry ...... ............. .................. .......... .......... .......... ........... ....... ............. ........ .......... ..... 4 Pop ula tio 0 . ........... ...... ......... .......... ........... ........... ........... ........ .......... ........ .......... ............. 5 Level 0 f Servi ce ..... ....... ........ ............ .......... ............. .......... ....... ............. ....... .......... ........ 5 Cos t Com po n en t...... ....... ............. ......... ......... .......... .......... ........ ............. ..... .......... ......... 6 Facility Cost per Student Station ............................................................................ 6 Facility Planning, Construction, and FF&E Costs......................................... 6 Land Costs................................................... ........................... ....................... 7 Net Interest Carrying Costs............... ............................................................. 8 Weighted Facility Impact Cost per Student............................................................ 8 Total Facility Impact Cost per Student ................................................................... 9 Transportation Costs ............................................................................. ......... 9 Ancillary/Administrative Facility Costs ........................................................ 10 Credit Com po 0 en t ...... .......... ........... ............ .......... ...... .......... .......... ........ ............. ......... 11 State Revenue Credit............................................................................................... 12 Capital Improvement Revenue Tax...... ............................. ............... ..... ................. 13 Net 1m pact Cost per Student ........................................................................................ 16 Student Geoeratio n Ra tes ............................................................................................. 16 Proposed School Impact Fee Schedule......................................................................... 17 In dex in g . ........ .......... .......... ............. .......... ........... ..... ..... ........ ............ ........ ..... .......... ...... 18 Building Cost............ .............................................................................................. 18 Land Cost ....... ................ .................................................................. ....................... 19 Equipment Cost....................................................................................................... 20 Application.............................................................................................................. 20 Tindale-Oliver & Associates, Inc. April 2006 Collier County School Impact Fee Update Study Agenda Item No. 88 May 9, 2006 Page 15 of 46 LIST OF TABLES: Table 1: Level of Service ................................................................................................. 6 Table 2: School Facility Cost per Student Station ........................................................... 7 Table 3: Weighted Facility Impact Cost per Student....................................................... 9 Table 4: Facility Impact Cost per Study.......................................................................... 11 Table 5: State Revenue Credit ......................................................................................... 13 Table 6: Annual CIT Available per Student .................................................................... 14 Table 7: Annual CIT Credit per Student.......................................................................... 15 Table 8: Net Impact Cost per Student.............................................................................. 16 Table 9: Student Generation Rates .................................................................................. 17 Table 10: Proposed School Impact Fee Schedule............................................................ 18 Table 11: Building Cost Index......................................................................................... 19 Table 12: Collier County Property Market Values .......................................................... 19 Table 13: Equipment Cost Index ..................................................................................... 20 Table 14: Distribution of Capital Cost............... ..... ..................... ........ ........... .......... ....... 21 Appendices Appendix A - District School Board of Collier County Facility Inventory Tindale-Oliver & Associates, Inc. April 2006 11 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9, 2006 Page 16 of 46 Collier County School Impact Fee Update Study Introduction Tindale-Oliver & Associates, Inc. (TOA) was retained by Collier County to conduct an update of the County's existing school impact fee program. School impact fees are used to fund the capital construction and expansion of public education facilities, land, and equipment required to support the additional demand for new school facilities created by new growth. This report presents the results of the School Impact Fee Study prepared for the County and will serve as the technical support document for the updated school impact fee. There are several major elements associated with the update of the school impact fee. These include: . Legal Basis . Inventory . Population . Level of Service . Cost Component . Credit Component . Net Impact Cost per Student . Student Generation Rate . Proposed School Impact Fee Schedule . Indexing These ten elements are summarized in the remainder of this report, with the result being the net impact cost for new residential development in Collier County. It should be noted that school impact fees are charged only to residential land uses, as reflected in the proposed impact fee schedule. Legal Basis In order to perform the necessary functions of government, local governments must constantly expand the inventory of government facilities and lands needed to provide essential governmental services, including schools. As local governments grow, so too does the demand and cumulative costs of new capital facilities. The authority for Florida Tindale-Oliver & Associates, Inc. April 2006 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9,2006 Page 17 of 46 counties to adopt and collect impact fees in order to address these "growth-necessitated" costs is well-established. St. Johns County v. Northeast Florida Builders Association, 583 So. 2d 635,638 (Fla. 1991) ("The use of impact fees has become an accepted method of paying for public improvements that must be constructed to serve new growth.") (citing Home Builders & Contractors Ass'n. v. Palm Beach Cty., 446 So.2d 140 (Fla. 4th DCA 1984); Hollywood, Inc. v. Broward County, 431 So.2d 606 (Fla. 4th DCA 1983)). The Local Government Comprehensive Planning and Land Development Regulations Act specifically "encourage[s] the use of innovative land development regulations which include provisions such as ... impact fees..". See S 163.3202(3), Fla. Stat.; see also Home Builders & Contractors Ass 'n., 446 So.2d 140. Furthermore, in the 1991 case of St. Johns County v. Northeast Florida Builders Ass'n, the Florida Supreme Court upheld the authority of Florida counties to impose impact fees for school facilities. 583 So. 2d at 642. Dual Rational Nexus Test Although the fees at issue were described as "user fees," the case of Contractors & Builders Ass'n of Pine lias County v. Dunedin provided the initial guidance as to what constitutes a defensible "impact fee" under Florida law. 329 So.2d 314 (Fla. 1976). In Dunedin, the Florida Supreme Court found, first, that "the cost of new facilities should be borne by new users to the extent new use requires new facilities, but only to that extent." Id. at 321. Fifteen years later, the Florida Supreme Court once again took up the issue of impact fees in the first of two major school impact fee cases it has decided, and expressly set forth the "dual rational nexus test" as the constitutional standard against which impact fees would be imposed in Florida. 583 So.2d at 637. The Court stated the test as follows: "... the local government must demonstrate a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth in population generated by the subdivision. In addition, the government must show a reasonable connection, or rational nexus, between the expenditures of the funds collected and the benefits accruing to the subdivision," Id. at 637 (emphasis added) (quoting Hollywood, Inc. 431 So. 2d at 611-12). St. Johns County and the subsequent case of V olusia County v. Aberdeen at Ormond Beach, 760 So. 2d ] 26 (Fla. 2000) have resolved many questions related to how school impact fee programs, specifically, should be structured so as to ensure compliance with the dual rational nexus test. School Impact Fees in Florida - the Case Law In St. Johns County, upon the school board's request, the county had prepared a methodology report recommending a school impact fee, based on adopted level of service Tindale-Oliver & Associates, Inc. April 2006 2 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9. 2006 Page 18 of 46 standards and cost factors, which assigned to new residential development its fairshare of the costs of new capital school facilities. 583 So. 2d at 637. Payment of the fees was a condition of building permit issuance and all school impact fee revenues were to be earmarked by the school board "solely to 'acquire, construct, expand, and equip the educational sites and educational capital facilities necessitated by new development. m Id. Impact fee revenues not spent within six years of their collection would be returned and developers who dedicated or constructed school facilities would receive a "developer credit" against impact fees owed. However, the county's impact fee ordinance provided that it would be applicable in both the unincorporated and incorporated areas of the county, except that it would not be effective within the municipalities until the municipality had entered into an interlocal agreement with the county to collect the fees. The Court first addressed the "needs" prong of the dual rational test. The county's fees assumed .44 students would be generated per household. Id. at 638. The builders pointed out that some new households would not have children and would not impact the public school system at all. Therefore, since there was no sufficient "need" being created by every unit being assessed the fee, the county's impact fee amounted to an unauthorized tax. Id. The Court rejected this argument, pointing out that since the county and school board were required "to provide additional facilities so as to be in a position to serve each dwelling unit" the county had sufficiently demonstrated that new development created a "need" for new schools. Id. 639. The Court found the second prong of the dual rational nexus test "more troublesome." Id. at 639. First, the Court recognized that the law did not require that every unit of development benefit from impact fee expenditures, but that it was enough that new schools were available to serve that unit. However, the county's impact fees were not being collected within municipalities that had not agreed to participate and yet the impact fee ordinance did not prohibit the expenditure of impact fee revenues to accommodate the impacts of development within the municipalities, which were not required to pay the fee. Id. Since there were no restrictions that would ensure that the fees were spent to benefit those who paid them (i.e., new residents of only the unincorporated areas), the Court held that the county's fee failed the second benefit prong of the dual rational nexus test and enjoined the collection of school impact fees until "substantially all of the population of St. Johns County is subject to the ordinance." Id. However, the Court rejected the argument that imposition of an impact fee violated the constitutional "uniformity" requirement simply because St. Johns County used impact fees and other school districts or counties did not. Id. 641. The court found that the "Florida Constitution only requires that a system be provided that gives every student an Tindale-Oliver & Associates, Inc. April 2006 '"I .:) Collier County School Impact Fee Update Study Agenda Item No. 8B May 9. 2006 Page 19 of 46 equal chance to achieve basic educational goals prescribed by the legislature. The constitutional mandate is not that every school district in the state must receive equal funding nor that each educational program must be equivalent." Id. In Volusia County, the Florida Supreme Court once again took up the issue of school impact fees, this time addressing the appropriateness of imposing impact fees against land uses that neither impacted nor benefited from public schools. 760 So. 2d 126. The challenger owned a mobile home park in Ormond Beach that was subject to the county's school impact fee ordinance. The mobile park, however, was deed restricted to residents over the age of 18. Id. at 128 (also noting that the park's minimum age requirements complied with the "housing for older persons" exemption of the Federal Fair Housing Act). The Court found that, due to the 3D-year deed restrictions against school age children, the essential character of this land use was one that necessarily would not generate any students. Id. at 136. The county argued the need for new schools created by and benefiting new development countywide was sufficient to meet the dual rational test regardless of whether this particular land use created a significant demand on schools. The Court disagreed, however, and concluded that since the mobile home park would not generate students it would not benefit from the construction of new schools and therefore it could not be required to pay a school impact fee. Id. at 137. In order to demonstrate compliance with the dual rational nexus test, Collier County has had prepared this methodological study, which recommends a fee schedule by proposed residential land use. That schedule will be implemented countywide through the County's existing Consolidated Impact Fee Ordinance, which provides for the collection, accounting, and expenditure of impact fees so as to ensure a "substantial benefit" to new residential development that pays the school impact fees. Inventory There are 44 public schools that currently serve the students and residents of Collier County and its municipalities, including 27 elementary schools, nine middle schools, and eight high schools that are operated by the District School Board of Collier County (DSBCC). It should be noted that the DSBCC also operates three workforce education facilities, 11 alternative schools/programs, as well as five administrative and support facilities. In addition, during the CIP Period, the District will build 11 new traditional schools. Tindale-Oliver & Associates, Inc. April 2006 4 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9, 2006 Page 20 of 46 To ensure that the impact fee initially reflects only classroom space for grades pre- kindergarten through twelve, adult and alternative learning facilities are not included in the cost calculations. Should new growth result in a pressing need for more non- traditional school facilities, such facilities could be included in subsequent updates of the school impact fee. It should be noted that the District owns 5 I 5 acres of vacant land. To provide a more conservative estimate, the value of vacant land is not included in the inventory and impact fee calculations either. Population Collier County's public schools provide services to the entire county. Attendance boundaries for individual schools can be redrawn in order to balance school enrollment where students live with where there is available school capacity. Further, school capacity that is added in one location can serve new development in another part of the county. Therefore, the appropriate impact fee district for public education facilities is countywide. Level of Service Based on the information provided by the DSBCC, the level of service (LOS) for public schools is 13 7.5 square feet per student station for elementary schools, 150.8 square feet for middle schools, and 160.7 square feet for high schools. The weighted average LOS for all public schools is 146.9 square feet per student station. The DSBCC's current inventory of school facilities includes permanent square feet and permanent student stations for both existing schools, as well as schools planned to be built in the next five years, according to the DSBCC's adopted Capital Improvement Program (CIP) for FY 2007-2026. As a result, the LOS is based on the DSBCC's inventory of permanent school facilities planned through the 2010/11 school year. Since the future five-year inventory is used based on planned facilities included in the CIP, subsequent calculations include the projected student enrollment for the 2010/11 school year. Table 1 presents the LOS calculations for each school type, as well as for the weighted average LOS for all schools. A detailed list of schools included in the inventory is presented in Appendix A. Tindale-Oliver & Associates, Inc. April 2006 5 Collier County School Impact Fee Update Study Agenda Item No. 88 May 9,2006 Page 21 of 46 Table 1 level of Service(1) (l) Source: DSBCC (2) LOS based on permanent square footage and student stations that will be available for the future five-year period (2010/11 school year). Cost Component Facility Cost per Student Station In determining the cost of providing public schools to Collier County residents, the first step is to calculate the facility cost per student station. Several cost components must be considered when calculating the total cost of constructing a school. These cost components include planning costs, construction costs, furniture, fixtures, and equipment (FF&E) costs, the cost ofland, and net interest carrying costs. The weighted average facility cost for each of type of school is developed based on these cost components, which are described in more detail in the following sections. Facilitv Planning, Construction. and FF&E Costs In order to determine the costs associated with the planning, construction, and FF&E for each school type, cost information contained in the DSBCC's current CIP is used. Cost information in the current CIP is escalated each year, based on the construction schedule outlined in the CIP. In order to ensure that cost information used to calculate the facility planning, construction, and FF &E costs per student station from the CIP are in current dollars, only the costs for schools for which construction is planned to begin in 2006 are used. As shown in Table 2, the facility planning, construction, and FF &E costs are $18, $253, and $25 per square foot, respectively. These costs are constant and are not dependent on the type of school being constructed. Tindale-Oliver & Associates, Inc. April 2006 6 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9, 2006 Page 22 of 46 Table 2 School Facility Cost per Student Station Square Feet per Student Station (LOS)(\) School Facility Cost Components: Facility Planning. Cost per Square Foot(2) Construction Cost per Square F oot(2) FF&E Cost per Square Foot(2) Land Cost er Square Foot(3) Net Interest Carrying. Cost per Facility(4) Total Facility Cost per Square Foot) Facilitv Cost er Student Station(6) (1) Source: Table 1 (2) DSBCC Capital Improvement Plan FY 2007-2026. Costs are in 2006 dollars. (3) Based on the total land replacement value of $202,051 per acre, divided by the average (typical) square footage for each school type. Land value is derived from programmed land purchases in the CIP in 2006 dollars. (4) The net interest carrying cost per facility is the bond interest costs during the construction period that the DSBCC incurs in order to construct a new school facility. (5) The total construction cost per facility is the sum of the school facility cost components (Items 2-4). (6) The facility cost per student station is the total facility cost per square foot (Item 5) multiplied by the square feet per student station for each respective school type and the weighted average (Item I). ]46.9 $253.00 $25.00 $42.43 $] 3.42 $352.27 $25.00 $ I 8.42 $253.00 $25.00 $34.75 $19.87 $35104 $56.412 $ 18.42 $253.00 $25.00 $4086 $18.57 $355.85 $52,274 $] 8.42 $]8.42 $253.00 $48,437 $43.24 $21.12 $360.78 $54,406 Land Costs The cost of land for each school facility also must be added to the total facility cost. To determine the cost of land for school facilities, a weighted average cost per acre of $202,051 is used. This figure is based on land to be purchased over the next five years by DSBCC, as programmed in the current CIP. This cost per acre figure is in 2006 dollars and includes the cost to purchase the land, as well as other associated costs, including appraisals, boundary surveys, feasibility studies, consistency review with County, Phase II Environmental Studies, and species mitigation, when applicable. It should be noted that it is the DSBCC's practice to purchase large quantities of vacant land when available and to have a "land bank" available for future school sites. In order to be conservative, the land costs included in the analysis do not include excess vacant land the DSBCC currently owns. The land cost for each school type is determined by multiplying the number of acres per 1,000 square feet for each school type by the cost per acre of $202,051. The acreage per Tindale-Oliver & Associates, Inc. April 2006 7 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9, 2006 Page 23 of 46 1,000 square feet is calculated dividing the average number of acres to be purchased for new schools, 25 acres per elementary school, 35 acres per middle school, and 50 acres per high school, by the square footage of new schools programmed in the CIP. As shown in Table 2, the land cost per square foot of building ranges from $35 to $43 per square foot, with an overall weighted average cost of $41 per square foot. Net Interest Carrying Cost In addition to the costs identified above, the interest expense or lost opportunity on funds that the DSBCC uses during construction of a new school facility must be considered. According to the DSBCC staff, it takes two years from start to finish to construct an elementary school, two and one-half years to construct a middle school, and three years to construct a high school. These life cycle time frames include the planning and bidding process, construction, and the acquisition ofFF&E. As previously mentioned, it is DSBCC's practice to purchase additional land when possible. As a result, land is typically acquired prior to the construction of a new school facility and therefore is not included in the planning and construction timeframes mentioned above. Based on historical and current financing trends, the DSBCC bonds the majority of new school construction. Therefore, it is appropriate to charge new development for the carrying cost per facility (which is the bond interest rate during the construction period) that the DSBCC incurs in order to construct new school facilities. This net interest carrying cost is added to the total cost per facility in Table 2, which includes all cost components previously discussed. The total cost per square foot for each school type is then multiplied by the LOS to determine the cost per student station for each school type, as well as the weighted average cost per student station of $ $19. Wei2hted Facilitv Impact Cost per Student The calculation ofthe total impact cost per student is based on the facility cost per student station figures derived in Table 2 and is calculated using the distribution of projected student enrollment to available capacity for the 2010/11 school year. This calculation also adjusts the cost per student based on the available capacity in five years. As previously mentioned, the future five-year projected enrollment is used because the LOS is calculated based on the future five-year inventory of public schools. As previously mentioned, the weighted average total facility impact cost per student station is adjusted by dividing the facility cost per student station by the ratio of projected students to projected capacity for each school type. This calculation adjusts the cost per Tindale-Oliver & Associates, Inc. April 2006 8 Collier County School Impact Fee Update Study Agenda Item No. 88 May 9, 2006 Page 24 of 46 student station to a cost per student, and also adjusts the cost based on the amount of available capacity. If there is expected to be excess capacity (e.g., more student stations than expected students in five years), then the cost per student increases. Similarly, if there is expected to be more students enrolled than available capacity, the cost per student station is adjusted down. In the case of Collier County elementary schools, there is projected to be more students than available capacity, based on the projected student enrollment and number of student stations expected to be available in the next five years. For middle and high schools, the opposite is true, as there is projected to be excess capacity. As shown in Table 3, the result is the weighted facility impact cost of$52,148 per student. Table 3 Weighted Facility Impact Cost per Student . Elementary. .. .. Schoof>: . Weighted '. . Avera et Total Facility 1m act Cost er Student Facility Cost per Student Station(1) Projected Student Capacity for 2010/11 School Year(2) Projected Students for 20]0111 School YearlJJ J-Veighted Average Total Facility Impact Cost per Studeltt!") $48.437 26,110 27.723 $45,619 $54,406 11.032 10,558 S56,849 $56,412 ]4.590 ] 3,576 560,625 $52,274 51.732 51.857 $52,148 ( 1) Source: (2) Source: (3) Source: Table 2 Table 1 DSBCC Capital Improvement Plan FY 2007-2026 Total Facility Impact Cost per Student Station The total facility cost per student includes two additional cost components that are used to determine the total impact cost per student for public schools in Collier County. These cost components include the cost of providing transportation and the cost of ancillary support facilities. Both of these additional cost components are discussed in further detail below. Transportation Costs The first additional cost component is the cost of providing transportation to students. According to information provided by the DSBCC staff, the current capital cost of all vehicles used to provide transportation for students and support the District's operations is $42.9 million. This is based on a replacement cost of $94,233 for each of the 405 school buses and $21,109 for each of the 224 support vehicles owned by DSBCC. The Tindale-Oliver & Associates, Inc. April 2006 9 Collier County School Impact Fee Update Study Agenda Item No. 88 May 9, 2006 Page 25 of 46 total capital cost is then divided by the current enrollment, resulting in a cost of $988 per student. Ancillary/Administrative Facilitv Costs The second additional cost component is the capital cost of ancillary and administrative facilities that are necessary for the DSBCC to provide support services for students, schools, transportation services, and administrative personnel. The DSBCC currently has 76,000 square feet of ancillary facilities for maintenance and operations and 125,000 square feet for administrative and office space. The estimated replacement cost of $180 per square foot for maintenance/operations was originally provided by DSBCC staff. However, based on costs for similar buildings contained in recent impact fee studies and the advice of legal counsel, a replacement cost of $150 per square foot for maintenance/operations space is used. In addition, a cost of $233 per square foot for administrative/office space is used, based on the cost to build the Dr. MLK Jr. Administration Center inflated to 2006 dollars. The resulting cost for ancillary and administrative facilities is $931 per student. These two cost components are added to the weighted facility impact cost per student from Table 3, resulting in a total impact cost of $54,067 per student, as presented in Table 4. Tindale-Oliver & Associates, Inc. April 2006 10 Collier County School Impact Fee Update Study Agenda Item No. 8S May 9, 2006 Page 26 of 46 Table 4 Facility Impact Cost per Student ..... ,'''.' ..... ............ Calculation Step ./.,...... ......../..............,... .......:. Figure:;.'." . . ......"; .. Weighted Average Total Facility Impact Cost per Student(l) $52,148 Transportation Services Cost per Student Total Capital Cost of Transportation Services(2) $42,892,865 Current Enrollment(3) 43,414 Cost ~fTransportation Services per Student $988 Ancillary Facilities Cost per Student Total Square Feet of Maintenance!Operati ons Anci I lary F aci I iti es(3) 75,596 Cost per Square Foot for Maintenance/Operations Ancillary Facilities(3) $150.00 Total Cost ~f Ancillary Facilities Maintenance/Operations Facilities $11,339,400 Total Square Feet of Office/Admin Ancillary Facilities(3) 124,881 Cost per Square Foot for Office! Admin Ancillary Facilities(4) $233.00 Total Cost ~f Ancillmy Facilities Office/Admin Facilities $29,097,273 Total Cost ~f All Ancillmy Facilities $40,436,673 Current Student Enro]]ment(3) 43,414 Cost of Ancillmy Facilities per Student $931 Total Impact Cost per Student (5) $54,067 (1) Source: Table 3 (2) Source: Student Transportation Services, DSBCC (3) Source: The estimate of $180 per square foot provided by DSBCC is reduced to $150 per square foot based on ancillary facility cost in other jurisdictions. (4) Based on the cost per square foot to construct the MLK Jr. Administration Center, which is inflated to 2006 dollars using the Engineering News Record Building Cost Index. (5) The sum of the weighted total facility impact cost per student (Item 1), the cost of transportation services per student, and the cost of ancillary facilities per student. Credit Component In addition to the school impact fee program, other revenues that new development generates that are used towards capital expansion of school facilities must be considered in the credit component of the school impact fee. In order to ensure that new residential development is not being overcharged for the capital cost of new public schools, a credit is given for any additional revenue, other than impact fees, that new development generates and that is used for the capital expansion of school facilities. This ensures that each new residential development pays the appropriately calculated impact fee, less any additional revenue included as part ofthe impact fee credit. A credit for school impact Tindale-Oliver & Associates, Inc. April 2006 II Collier County School Impact Fee Update Study Agenda Item No. 8B May 9,2006 Page 27 of 46 fees is not given for revenue generated by new development that is used for capital maintenance of existing education facilities or for maintenance or operation costs. The following state and local sources of revenues will be considered in developing impact fee credits. · Public Education Capital Outlay · State Class Size Reduction · Local Capital Improvement Tax State Revenue Credit The Florida State Constitution authorizes sources of revenue for school districts, including Public Education Capital Outlay (PECO) and Class Size Reduction revenue. Revenues from PECO are generated through a 2.5-percent tax imposed on the gross receipts of sellers of electricity, natural or manufactured gas, and telecommunication services in the State. Revenue generated from this tax is used to fund capital renovation and expansion projects for public education facilities. Class Size Reduction revenue is provided by the State to build additional student stations in accordance with the Class Size Amendment. The total available state revenue is listed in Table 5. The calculation for determining the state revenue credit per student is threefold. First, the total projected state revenue available over the next five years for the expansion of student stations is $19.1 million, based on a review of the DSBCC's five-year budget. The five-year total state revenue available for capital projects is divided by the average student enrollment over the same five-year period to determine the state revenue amount of $403 per student, or an annual amount of $81 per student. Second, the present value of this amount is calculated using an interest rate of 5 percent over a 25-year time period, the average life expectancy of a school facility. This results in a present value credit of $1,142 per student. The final step includes a review of the amount of available revenue that will be used for capacity expansion of school facilities. According to a review of the DSBCC's five-year budget, this percentage is approximately 43 percent. Therefore, the present value of annual state revenue per student is reduced by this percentage to determine the amount of state revenue that is expected to be applied to capital expansion, resulting in a net state revenue credit of $491 per student. Tindale-Oliver & Associates, Inc. April 2006 12 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9. 2006 Page 28 of 46 Table 5 State Revenue Credit Calculation Step . ... .. .....<..., : . ... .. Fhzure PECO - New Construction(1) $7,309,094 Class Size Reduction(l) $11.803.933 Total State Revenues $19,]13,027 Average Enrollment(2) 47,435 State Revenue Per Student(3) $403 Average Annual Revenue per Student(4) $81 Capitalization Rate 5.00% Capitalization Period, Years 25 Present Value of Annual State Revenue Credit(5) $1,142 Percent of Capital Funding Available for Capacity Expansion(6) 43% Net State Revenue Credit per Student(7) $491 (I) Source: DSBCC Capital Improvement Plan FY 2007-2026 (2) Source: DSBCC Capital Improvement Plan FY 2007-2026 (3) Total state revenue divided by average enrollment for five-year period (Item 2). (4) State revenue per student (Item 3) divided by five years. (5) Present value of average annual revenue per student (Item 4) at 5 percent interest over a 25- year capitalization period. (6) Source: DSBCC Five-Year Budget (7) Present value of annual state revenue credit (Item 5) multiplied by the percent of capital funding available for capacity expansion (Item 6). Capital Improvement Tax Revenue Credit The School District has the authority to levy up to 2-mills of the countywide ad valorem tax to generate revenue for education. This revenue, referred to as Capital Improvement Tax (CIT), is used for both capital renovation and capital expansion. The calculation to determine the CIT revenue to be used for capital expansion, as well as the resulting revenue credit per student is a four step process. The first three steps are presented in Table 6. First, the total 2006 taxable value for all residential land uses is determined, based on information provided by the Collier County Property Appraiser. This total is then divided by the 2006 enrollment to determine the average taxable value per student. Second, the annual tax payment per student is calculated. The average taxable value per student is divided by 1,000 and then multiplied by $2 (the amount taxed for 2-mills per $1,000 of taxable value). This amount is then increased by 57 percent, which is the increase in the taxable value of a new home over the average taxable value for existing Tindale-Oliver & Associates, Inc. April 2006 13 Collier County School Impact Fee Update Study Agenda Item No. 88 May 9, 2006 Page 29 of 46 homes in Collier County. This step ensures that new homes receive the proper credit since they will be assessed at a higher value over existing homes. Similar to the state revenue credit, the third step apportions the annual CIT per student by the percent of capital funding available for capacity expansion to determine the annual CIT revenue available for capacity per student. Table 6 Annual CIT Available for Capacity '" 0' .. ,0' , ...". " "'/C';,',..,,' ,}''',:< ":/,' ;'T'""I:;:?"" "":,,,/S,:,"": '. Total Collier County Residential Taxable Value - 2006(1) $52,837,892,696 Collier County School Enrollment - 2006(2) 43,414 Average Taxable Value per Student(3) $1,217,070 Capital Millage Rate (per $1,000)(4) $2 Annual Tax Payments per Student(5) $3,822 Percent of Capital Funding Available for Capacity Expansion(6) 43% Annual CIT Payments for Capacity per Student(7) $1,643 (1) Source: Collier County Property Appraiser (2) Source: Table 4 (3) Total Residential Taxable Value (Item 1) divided by the 2006 enrollment (Item 2). (4) The DSBCC is entitled to levy 2-mills at a rate of I-mill per $1,000 of taxable value. (5) The average taxable value per student (Item 3) divided by 1,000 to determine the taxable value per student per $1,000. This amount is then multiplied by the capital millage rate for 2-mills (Item 4) and then increased by 57 percent, which is the difference between the taxable value of an existing home versus a new home in Collier County. (6) Source: Table 5 (7) Annual tax payment per student (Item 5) multiplied by the percent of capital funding available for capacity expansion (Item 6). The fourth step in calculating the CIT revenue credit per student is presented in Table 7, which determines the present value of the current annual CIT per student. The annual increase in home values is estimated at 2.5 percent due to homestead exemption law. According to State law, the increase in taxable value of homes is capped at 3 percent or at the Consumer Price Index (CPI), whichever is lower. Although the average CPI over the past ten years has been 2.1 percent (see Table 13), a 2.5-percent annual increase is applied to provide a conservative approach. The resulting figures are brought back to present value using a 5 percent discount rate and a 25-year capitalization period. The result is a compounded total present value credit of $29,726 per student. Tindale-Oliver & Associates, Inc. April 2006 14 Collier County School Impact Fee Update Study Table 7 Annual CIT Credit per Student "... ".,,'. " '" . . . ,',,', " ,.", ""', " I. '. .... "'. ". " "., 'T":" ,',' ~'" I ear .' (I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Total(2) Annual increase(3) Interest rate Capitalization Period $1,643 $1,684 $1. 726 $1,769 $1.813 $1.858 $1,904 $1,952 $2,001 $2.051 $2,102 $2,155 $2209 $2264 $2,321 $2,379 $2,438 $2,499 $2,561 $2.625 $2,691 $2.758 $2.827 $2,898 $2.970 $56,098 i.:,gr~,~~pt..' ';::X~l~~&f , Credit.' $1,565 $1,527 $1,491 $1,455 $1,421 $1,386 $1,353 $1,321 $1 ,290 $1,259 $1,229 $1,200 $1,171 $1,143 $1,116 $1,090 $1,064 $1,038 $1,013 $989 $966 $943 $920 $899 $877 $29,726 2.5% 5% 25 (1) Source: Table 6 for Year 1 (2006) CIT per Student (2) Total of annual present value credits (Item 1) at 5 percent interest over a 25-year capitalization period. (3) A verage annual increase in taxable value. Agenda Item No. 8B May 9, 2006 Page 30 of 46 Tindale-Oliver & Associates, Inc. April 2006 15 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9, 2006 Page 31 of 46 Net Impact Cost per Student Table 8 provides a summary of the three revenue credits discussed previously, with the result being the net impact cost per student of$23,850. Table 8 Net Impact Cost per Student Calcula.tiori.Step;'\c'c .. ''';',' t" Fieure0': Total Impact Cost per Student(l) $54,067 State Revenue Credi{2) $491 CIT Revenue Credit(3) $29,726 Total Revenue Credit(4) $30,217 Net Impact Cost per Student(5) $23,850 (4) Source: Table 4 (5) Source: Table 5 (6) Source: Table 7 (7) Sum of state revenue credit (Item 2) and CIT revenue credit (Item 3). (8) Total impact cost per student (Item I) less the total revenue credit per student (Item 4). Student Generation Rates The number of students living in a household varies depending on the type of residential housing. Therefore, school impact fees are often assessed based on the student generation rates of specific residential use types. For Collier County, the student generation rate per residential unit is based on three types of residential uses: single family, multi-family, and mobile home. In addition, the single family land use is broken out into three tiers based on the square footage. The student generates rates are derived using Public Use Microdata Sample (PUMS) and Census 2000 data. The student generation rate for the single family land use is tiered using persons per housing unit data from the 2003 American Housing Survey and is adjusted based on the ratio of the national persons per household to Collier County. Finally, the number of students obtained from the 2000 Census was compared with the number of students enrolled in 2000. It was found that the actual enrollment was approximately 2 percent lower than estimates obtained using PUMS. Therefore, the student generation rates were adjusted downward by 2 percent. Tindale-Oliver & Associates, Inc. April 2006 16 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9, 2006 Page 32 of 46 The student generation rate, or number of students per unit figure, is developed by dividing the number of students within a particular residential use type by the total number of units of that land use in Collier County. The student generation rates by residential use type are provided in Table 9. Table 9 Student Generation Rates . : Adju,st~d Students . ",. ',' ':"~(2) er VOlt. Single Family < 1,500 square feet 1,500 - 2,499 square feet >2,500 square feet Multi-Family Mobile Home 0.352 0.394 0.428 0.122 0.245 0.345 0.386 0.420 0.120 0.240 (I) Students per unit derived using data from Census 2000 and Public Use Microdata Sample (PUMS). The student generation rate for a single family unit is tiered using data from Census 2000 and the 2003 American Housing Survey (AHS). (2) The ratio of total enrolled students to total students estimated from PUMS 2000 is 0.98. This ratio is applied to the students per unit to calculate the adjusted students per unit. Proposed School Impact Fee Schedule To determine the proposed school impact fee for each residential land use, the net impact cost per student, from Table 8, is multiplied by the student generation rate for each residential use, from Table 9. The resulting net impact fees are presented in the proposed impact fee schedule in Table 10. Tindale-Oliver & Associates, Inc. April 2006 17 Collier County School Impact Fee Update Study Agenda Item No. 88 May 9,2006 Page 33 of 46 Table 10 Proposed School Impact Fee Schedule ;J~'::':::ff;;; an Single Family < 1,500 s uare feet 1,500 - 2,499 square feet >2,500 square feet Multi-Family Mobile Home (1) Source: Table 8 (2) Source: Table 9 (3) Net impact cost per unit is the product of the net impact cost per student (Item 1) and the number of students per unit (Item 2) for each residential land use category. du du du du du $23,850 $23,850 $23,850 $23,850 $23,850 0.345 0.386 0.420 0.120 0.240 $8,228 $9,206 $10,017 $2,862 $5,724 Indexing In many cases, impact fees are reviewed periodically (every three to five years, etc.) as opposed to an annual basis. Ifno adjustment to the impact fee schedule is made during this period, a situation can be created where major adjustments to the impact fee schedule become likely to be required due to the time between the adjustments. The need for significant adjustments also creates major concerns in the development community. To address this issue, it is recommended that the Collier County School Impact Fee be indexed for construction and land cost increases on an annual basis. Buildin!! Cost The cost of school buildings should be indexed in a fixed amount each year based on the building cost index provided by the Engineering News-Record (ENR). As presented in Table 11, over the past five years, the average increase in building cost has been 4.2 percent. Given the recent construction cost increases, utilization of a 5-year average is recommended. In addition, the ENR index does not appear to capture local construction cost increases. The County may consider conducting a separate study to determine the changes in the local construction cost to be used for indexing purposes for the next few years. In the absence of such a study, the above index provides a conservative estimate. Tindale-Oliver & Associates, Inc. April 2006 18 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9,2006 Page 34 of 46 Table 11 Building Cost Index(1) .c..... .i..i....:: ./i:{" .'. "'i"."i.."t;e~~;~:~;:i.:'." l'erceJ:lt ;". "\',:,:- >,: 'Ch~ri'g~< 200 1 3574 2002 3623 1 .4% 2003 3693 1 .9% 2004 3984 7.9% 2005 4205 5 .5% Average 4.2% (1) Source: Engineering News-Record, Building Cost Index Land Cost A ten-year trend for market values of countywide land (including buildings and structures) is evaluated to determine the historical change in land values. This analysis suggests an average annual growth rate of 15.4 percent be used, as presented in Table 12. A ten-year average is used to reduce the effects of temporary fluctuations in the market. Table 12 Collier County Property Market Values Collier County Percent Just Land' Year ." Values(l) . Change 1996 $21,751.280.540 N/A 1997 $23,436,330,545 7.7% 1998 $25,777,151,4 70 10.0% 1999 $29.830,939,079 15.7% 2000 $33.902,799,963 13.6% 2001 $41,333,321,441 21.9% 2002 $49,671,844,946 20.2% 2003 $57,761,717,617 16.3% 2004 $64.236,986.518 11.2% 2005 $78.260.241.235 21.8% Average 15.4% (I) Source: Property Appraiser, Collier County Tindale-Oliver & Associates, Inc. April 2006 19 Collier County School Impact Fee Update Study Agenda Item No. 88 May 9,2006 Page 35 of 46 Equipment Cost The cost of furniture, equipment, school buses, and other support vehicles should be indexed in a fixed amount each year based on the consumer price index provided by the Bureau of Labor Economics. As presented in Table 13, over the past ten years, the average increase in building cost has been 2.1 percent. Table 13 Equipment Cost Index 1 1996 100.0 1997 101.2 1.2% 1998 102.3 1.1% 1999 104.2 1.9% 2000 107.4 3.1 % 2001 109.6 2.0% 2002 110.8 1.1% 2003 113.1 2.1% 2004 116.2 2.7% 2005 120.0 3.3% Average 2.1 % (l) Source: US Department of Labor, Bureau of Labor Statistics, CPI Application It may be useful to illustrate how these indices can be applied. As presented in Table 14, of the $2.6 billion total school capital value, approximately 79 percent is for the buildings, 12 percent for the land, and 9 percent is for equipment (FF &E, buses, and vehicles ). Tindale-Oliver & Associates, Inc. April 2006 20 Collier County School Impact Fee Update Study Agenda Item No. 8B May 9. 2006 Page 36 of 46 Table 14 Distribution of Capital Cost Planning! Construction Land FF&E $189,967,725 Buses/ Vehicles $42,892,865 Subtotal- All Equipment $232,860,590 8.9% Total Replacement Value of Inventory $2,605,785,437 100.0% (1) Total square feet of inventory (from Table 1) multiplied by the weighted average cost per square foot for planning and construction, land, and FF&E. Total cost of buses/vehicles from Table 4. (2) Percentage of each component out of the total value. $2,062,441,597 $310,483,250 ~ Perc~Iltof; :1' otal(2) '.,.. 79.1% 11.9% Applying these percentages to the average cost increases presented previously would provide a combined index of 5.3 percent [(4.2 x 0.791) + (15.4 x 0.119) + (2.1 x 0.089) = 5.3], which then can be applied to all fees presented previously in Table 10. For example, using this index, the fee for the single family residential land use with 1,500 to 2,499 square feet would increase from $9,206 to $9,694 [($9,206) * (1 +0.053) = $9,694] at the end of the first year. Tindale-Oliver & Associates, Inc. April 2006 21 Collier County School Impact Fee Update Study Appendix A District School Board of Collier County Facility Inventory Agenda Item No. 88 May 9, 2006 Page 37 of 46 Table A-1 DSBCC Facility Inventory ::..,: .... :., i.'.........: ..,.,i XL .. .i'ix,iiX'..........,,' w..,........,...""... <Ui". ..... '~,.,'., " ., .../, r\ ,i:' :...,\,i..',,,,,/, Ye~~BiIiltJ ,.', 'j'llet(Periiq ......."........'.......,'.:.. .,........... -\i" Pla~ned Square'Feet Elementary Schools 1 Avalon 1968 77,622 1a Avalon - Addition 2009 14,816 2 Big Cypress 1986 100,555 2a Big Cypress - Addition 2007 27,643 3 Calusa Park 2002 85,785 3a Calusa Park - Addition 2008 11,116 4 Corkscrew 1998 113.207 4a Corkscrew - Addition 2010 10,851 5 Estates 2003 85,660 5a Estates - Addition 2008 11,116 6 Golden Gate 1973 79,542 7 Golden Terrace 1988 96,895 8 Highlands 1965 73.219 8a Hiiiliiands - Addition 2007 26,048 9 Lake Park 1989 79,475 10 Lake Trafford 1989 125.279 lOa Lake Trafford - Addition 2007 3.472 11 Laurel Oak 1992 104.288 12 Lely 1989 127,284 13 Manatee 1993 93,074 14 Naples Park 1973 90,727 15 Osceola 2002 86,880 16 Pelican Marsh 1962 125,973 17 Pinecrest 1973 73,172 17a Pinecrest - Addition 2007 34,780 18 Poinciana 1973 93,998 19 Sabal Palm 2003 86,040 19a Sabal Palm - Addition 2010 1 J,J16 20 Sea Gate 1964 69,150 20a Sea Gate - Addition 2007 33.436 21 Shadowlav,u 1959 81.475 21a Shadowlavm - Addition 2008 8,055 22 Tommie Barfield 1972 94,359 22a Tommie Barfield - Addition 2008 19,98] 23 Village Oaks 1986 93.288 23a Village Oaks - Addition 2007 10,764 24 Vineyards 1989 123,763 25 The Learning Center 1948 43,019 26 Golden Gate Intermediate 2003 63,932 27 Golden Terrace Intermediate 2003 7J,994 New Elementary G 2007 118,797 New Elementary H 201 I 1 ]8,797 New Elementary 1(2) 2006 110,000 New Elementary J 2007 118,797 New Elementary K 2007 104,565 New Elementary L 2008 118,797 New Elementary M 2007 118,797 New Elementarv 0 2011 118,797 Total - Elementary School 3.590.196 Agenda Item No. 88 May 9, 2006 Page 38 of 46 Tindale-Oliver & Associates, Inc. April 2006 A-I Collier County School Impact Fee Update Study Table A-1 (continued) DSBCC Facility Inventory Agenda Item No. 8B May 9, 2006 Page 39 of 46 Middle Schools 1 Corkscrew 2 East Naples 3 Golden Gate 3a Golden Gate - Addition 4 Gulfview 5 Immokalee 6 Manatee 7 North Naples 8 Oakridge 9 Pine Ridge New Middle EE New Middle GG Total - Middle School Vacant Land Total 1999 1989 1980 2007 1994 1990 1993 2003 1992 2002 2007 2011 High Schools 1 Barron Collier 2 Golden Gate 3 Everglades City 4 Gulf Coast 5 Immokalee 5a Immokalee - Addition 6 Lely 7 Naples 8 Palmetto Ridge New High School EEE New High School III (L WIT) Total- High School 1977 2003 1956 1996 1973 2008 1973 1960 2003 2011 2008 154,039 142,183 103,180 28,926 105,231 164,246 170,090 149,997 169,587 149,224 163,344 163,344 1,663,391 263,782 297,704 76,728 274,512 263,236 1,560 284,386 249,046 297,796 290,085 46,287 2,345,122 Total -- All Schools 7,598,709 (1) Sources: Collier County School District Property Schedule 2005-2006, DSBCC Capital Improvement Plan FY 2007-25, and discussions with DSBCC staff (2) Construction of Elementary School I completed in FY 2005/06 and thus is not included in the DSBCC Property Schedule 2005-2006 or FY 2007-25 CIP. 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Cl on ~ ... ! ~ N _ II) .. c::o ... ..: cvi .... ... ... tJ')~~;!= COCllllNM if S!i:;:: ~ ~ U')M~""'CD tri r-- ri;f ... ...: 2 .:s::: I- ~ c: U, o ci. g ~ ~ i~-g ~CI)::::EO~ ..,~oo~ 1380~~ o ~Q.o CI> - .. o .~ . ..e l: ~ .c .s .. . - 11III tn ii j "ii ::=I 15 fn I- r-a ,,~'" ,.~. ~~ I\, COLLIER COUNTY IMPACT FEES p~g~16~?~~ 2,400 SQUARE FOOT SINGLE FAMILY HOME (2,000 LIVING AREA) ~~ 1"1 Updated April 27, 2006 COMMUNITY PARKS ~ $1,027 Effective 5/15/06 REGIONAL PARKS ~ $2,272 Effective 5/15/06 LIBRARY ~ $505 Effective 6/12/06 ROAD ~ $8.884 Effective 6/30/06 EMS ~I $112 I SCHOOL ~I $9,206 I CORRECTIONAL ~I $205 I FACILITIES I GENERAL GOVERNMENT I ~I $282 I WATER ~I $2,760 I SEWER ~I $3,125 I FIRE ~I $600 I LAW ENFORCEMENT I ~I $93 I TOTAL ~I $29,071 I (with proposed School) TOTAL ~I $21,643 I (Current) DOLLAR CHANGE ~I $7,428 I (from updated fee) EXECUTIVE SUMMARY Agenda Item No. 9A May 9,2006 Page 1 of 12 ,. . ..,. ., APPOINTMENT OF MEMsER(S} TO THE GOLDEN GATEBEAUTlFICATlON MSTU ADVISORY COMMITTEE. OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 6, 2009, to the Golden Gate Beautification MSTU Advisory Committee. CONSIDERATIONS: The Golden Gate Beautification Advisory Committee has 1 vacancy due to a resignation, with the term expiring on October 6, 2009, representing Precinct #326. This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. Ms. Cheryle L. Newman resigned her position on January 31, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. I Margaret Peggy Harris I Precinct No. 323 I~ None COMMITTEE RECOMMENDATION: Margaret Peggy Harris FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 9, 2006 - Agenda Item No. 9A May 9,2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9A Item Summary: Meeting Date: Appointment of member to the Golden Gate Beautification Advisory Committee. 5/9/2006 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/27/20064:55:50 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/2006 5:24 PM Agenda Item No. 9A May 9, 2006 Page 3 of 12 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator 1)1\11E: J\priI19,2007 SUBJECT: Golden Gate Beautification MSTU Recommendation to the Board for filling vacant position due to a resignation. The Golden Gate Beautification MSTU has received and reviewed one application by the prescribed deadline for its vacancy due to a resignation. Applicant was evaluated based on the potential contribution to the Committee. The applicant meets the criteria required to be eligible for the committee and resides within the MSTU's district boundary. The Committee recommends the following applicant for appointment to the vacant term as indicated below: TYPE OF TERM NAME APPOINTMENT EXPIRES Margaret Peggy Harris New - Appointment October 5.2009 FIELD OF EXPERTISEICATEGORY Born in Fort Myers, Fla.. Lifetime Resident of Naples, Graduated- Bachelor in Science of Legal Studies, International College Background - Legal Assistant, Senior Paralegal, Office Manager, Chiropmctic Physicians Assistant, Office Manager Community Activities - Golden Gate Civic Committee - 2004- Present, Teen Court - 2994 - Present. . Teaching Assistant in Legal Studies - 2002 - Present, CLSP member -2001 - Present, Notary Public State of F1a. 1993 - Present, American Red Cross Volunteer. 1995- Present, Sbadowlawn Elementary Bayshore Cleanup Project Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A May 9,2006 Page 4 of 12 Please let me know you need any other information Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A May 9, 2006 Page5of12 ,-- Golden Gate Beautification Advisory Committee ( Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Ginger Martin 455-1654 12/14/04 10/06/07 3 Years 5040 31st Avenue, S.W. 455-1654 Naples, FL 34116 E-Mail: XTRMOM@aoLcom District: 3 Category: Precinct 326 Ms. Barbara Segura 821-3601 12/17/02 10/06/06 4 Years 2343 41st Terrace, S.W. 348-8863 Naples, FL 34116 E-Mail: District: 3 Category: Precinct 325 Mr. Richard Sims 597-4675 03/22/05 10/06/06 1.6 Years 5391 19th Place, S.W. 455-7062 ( Naples, FL 34116 E-Mail: johnsonsaircondinc@earthlink.net District: 3 Category: Precinct 323 Ms. Patricia Spencer 03/11/03 10/06/05 2 1/2 Year 5401 25th Place, S.W. 304-6886 09/27/05 10/06/09 4 Years Naples, FL 34116 E-Mail: District: 3 Category: Precinct 326 U. Ms. Cheryle L. Newman " ~ \,1) 11/07/95 10/06/97 2 Years 5101 31st Avenue, S.W. \o.)q \/~ 353-7969 09/27/05 10/06/09 4 Years Naples, FL 34116 ~~ ~re E-M ail: ~t-' I District: 3 .e Category: Precinct 326 c r:':=i::::~:::;~'~':-'::::::'::;~':,~~~~::_~":":"~;:::-;"~'~"'::'~_T.:~=:~',::.::_::"~.~=-;-:-::~;:=::-C~'~.-::::::::-.._v=-~..........~~:.~__----....'Z""I'7.:;:::...~........,,__._..~_._. Wednesday. September 28. 2005 Page 1 of 2 Agenda Item No. 9A May 9,2006 Page 6 of 12 ( Golden Gate Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home PIrone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3,1996, by Ord. No. 96-50 and 96-51. Precincts are 323, 324, 325, 326, 327, and part of 322. Terms are 4 years. FL STAT 125.01 Staff: Liz Deleon, Transportation Operations Coordinator: 417-6081 .,'...,..':....,~"".."',.,..1J'.,':ll.__ ---.~..............,.,--".,,""......:,._ .~...\..:J.--.~....~"---'""""...~..!llr~~~~.,r~~.....'....\,,-.r,,!r.:"<1~~.,~:...~~-i~..-'O':."".~.'I>;.~.".~~'Lti~~~ Wednesday, September 28, 2005 Page 2 of 2 Agenda Item No. 9A May 9, 2006 Page 7 of 12 MEMORANDUM TO: March 24, 2006 Elections Office & Sue Filson, Executive Manag r Board of County Commissioner DATE: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG BEAUTIFICATION ADV COMMITTEE 1-?-D7---"" Margaret Peggy Harris Q~--;) '" 2309 Hunter Boulevard Naples, FL 3411~J ~ LV C (\ \ ~ ~IJ : ~ . '3 "}1 -- I 10;;' 91P(;;;/07 COMMISSION DISTRICT fIt:3 tK Thank you for your help. MEMORANDUM Agenda Item No. 9A May 9, 2006 Page 8 of 12 DATE: March 24, 2006 TO: Tessie Sillery, Transportation Operations FROM: Sue Filson, Executive Manager Board of County Conunissioners RE: Golden Gate Beautification Advisory Committee As you know, we currently have 1 vacancy on the above-referenced advisory connnittee. A press release was issued requesting citizens interested in serving on this connnittee to submit an application for consideration. I have attached the applications received for your review as follows: Margaret Peggy Harris 2309 Hunter Boulevard Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments - Agenda Item No. 9A May 9, 2006 Page 9 of 12 - March 15, 2006 Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Re: Golden Gate Beautification Advisory Committee Dear Ms. Filson, . I am very interested in a position that is open or opening in the beautification committee. I e-mailed the attached application and enclosed a copy of my resume for your review. I did not see where it could be attached on the application on line, therefore sending via mail. II your consideration and time. ?'/t -- I enc . ''';''i'~"~ 11.1 filllllnlllilliUl~_,,,,",,,,",;,;,,,",,,;,;,,,,,",,;",;,,,,,<,,_,";',;'".".,I,"L,".".... Page 1 of2 Agenda Item No. 9A May 9,2006 Page10of12 1lson_s em: advisoryboards@colliergov.net Sent: Wednesday, March 15,2006 3:40 PM To: tilson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 .Lt~"..1 ", ."'.. ~ 's . .., - .' . . ," f( .,j " March 15, 2006 Application for Advisory Committees I Boards Name: Margaret (Peggy) Harris Home Phone: 239-732-7349 Home Address: 2309 Hunter Blvd 41 City: Naples Zip Code: 34116 Fax Number: 239-262-5219 Business Phone: 239-262-1202 Email Address:scrapironlaw@yahoo.com Place of Employment: David McElrath, P.A., Attorney at Law How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? Yes If yes, explain: Misdemeanors, sister used my name many years ago on several charges and a OUI in Are you a registered voter In Collier County? No ~ Board I Committee Applied for: Golden Gate Beautification Advisory Comm ittee 3/15/2006 Page 2 of2 Agenda Item No. 9A May 9, 2006 Page 11 of 12 Category: (if applicab/e) No information provided. . Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: Teen Court Volunteer, Collier County Teaching Assistant in Legal Studies, Intemational College Paralegal in Criminal Trials Volunteer, Sparkman & Quinn President of Legal Studies/Paralegal Club of International College CLSP (Collier Legal Support Professionals) Member/President Notary Public State of Florida American Red Cross Volunteer Sac (School Advisory Council) Head Start Program, Collier County Sac (School Advisory Council) Shadowlawn Elementary Bayshore Cleanup Project Education: See resume e Experience / Background: I was bom in Fort Myers and am a lifetime resident of Naples. I have many contacts in the business and professional community as well as residential. I know the needs of the area and with my personal knowledge of this along with it's growth, I feel will be a great asset to the community as a volunteer. I have always been a good listener and feel am a "Community Oreinted Activist". I have been known on many occasions to step in where others are unwilling or afraid to, ie. the cleanup of Bayshore Road. . 3/15/2006 . . .I Agenda Item No. 9A May 9, 2006 Page 12 of 12 MARGARET (PEGGY) HARRIS 2309 Hunter Blvd Naples, FL 34116 239-248-9574 Cell, 732-7349 Home scraoironlaw@vahoo.com OBJECTIVE Seeking full-time position to enhance my educational and professional background EDUCATION Baccalaureate in Science of Legal Studies, International College, June 2003 SKILLS Legal: Criminal, Tort - Business, Health, Personal Injury, PIP, Workers Compensation & Wrongful Death, Liens, Contracts, Family, Clemency, Wills Medical: Physical Therapy, Medical Terminology, Ward Secretary Administrative: Office Management, Accounting-AlP & NR, Payroll, Taxes, Project Analysis, Purchasing, Receiving, Extensive Computer Hardware & Software WORK HISTORY Legal Assistant, David L. McElrath, Naples, FL, 2005-Present Senior Paralegal, Breiden & Associates, Naples, FL, 2001-2004 Office Manager, Forbis Electrical Contractors, Naples, FL, 1996-2001 Chiropractic Physicians Assist, Dr William K Nevius, Naples, FL, 1995 Office Manager, Forbis Electrical Contractors, Naples, FL, 1992-1994 PERSONAL & PROFESSIONAL AFFILIATIONS & ACTIVITES Golden Gate Civic Committee, Member, 2004 - Present Teen Court Volunteer, Collier County, 2004 - Present Teaching Assistant in Legal Studies, International College, 2003 - Present Paralegal in Criminal Trials Volunteer, Sparkman & Quinn, 2004 - 2004 President of Legal Studies/Paralegal Club ofIntemational College, 2000- 2003 CLSP (Collier Legal Support Professionals) Member, 2001 - Present Notary Public State of Florida, 1993-Present American Red Cross Volunteer, 1995-Present Sac (School Advisory Council) Head Start Program, Collier County, 1997-1998 Sac (School Advisory Council) Shadowlawn Elementary, 1997-2003 Certified Ward Secretary, Certified 1980 Certified Chiropractic Physicians Assistant, 1995 Certified Ward Secretary, 1980 REFERENCES: Available upon request . EXECUTIVE SUMMARY.. Agenda Item No. 9B May 9, 2006 Page10f 10 ",,,.-.. '-",' -.....:.-'. ""'-' :....::.-.......:.,......"...::...,:'.:...'.<....:..-,,'-. <-, ,',' "".. .. .':'.,. ".... .. - .." ...... -, .., .... '-- .... -' .. .,.:>:.;:_.,',,' ':','-.. .:'~ ',.: ".." .. " ..:: -- " .... .:,.: ,":.- ',' ,'.,.......... .. .. -:. .. : _: '-,' ,,'.. '.,',. '-",.. ',' -. .... .. '. .,", .. ...... ,..'....... '-- .. -"", ',--_:,' ....':_'-'.'-":,:-.-'_:<:.\;,:,:. '--';"-- ....,... " .. -..:. -,", ..,....' :<::--:.>,.:,'-'--/',,::,:.::~'::;,::-,-,-'-;..:':>::,:,::',--'< ; -- .. ,- .,'.. ',:.. .. ',.... n':: '::'" '::.-:'.;. .<.. ',.:,',.. ': .. '_ .." .-. -,.. - ': ... ,:.:: .:: :.:_.... ,,':':. ',:<: ,"::':~.:._' :::-:'_'::.::.':" -:'i " .... ':. -',','.,"'.".;"c,' :'.;' ..<c. __<','., ':, ....: .;'. ,.'''::' ',' _, '_,-'::-: ">,::,' .;::~ APPOINTMENT OFMEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To confirm the appointment of 1 member representing the City of Naples on the Affordable Housing Commission. CONSIDERA TIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91-65 as amended to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies ofthe Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. The Board of County Commissioners will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident ofImmokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county-at-Iarge, the City of Naples- at- .-. large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. Terms are 3 years. A list of the current membership is included in the backup. The term for Mr. John F. Houton, representing the City of Naples, expired on March 18, 2006. On May 19,2006 the City of Naples appointed Larry Fleming to a 3-year term, expiring on April 18,2009, to the Affordable Housing Commission CITY OF NAPLES APPOINTMENT: Confirmation of Larry Fleming FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners confirm the appointment made by the City of Naples, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 9, 2006 - Agenda Item No, 98 May 9,2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 98 Appointment of member to the Affordable Housing Commission, 5/9/20069:00:00 AM Prepared By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 4/27/20064:55:50 PM Approved By Leo E, Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/3/2006 12:23 PM 04/26/200& 13:5& 2392131625 CITY CLERK PAGE 61 Agenda Item No. 98 May 9, 2006 Page 3 of 10 OFFICE OF CITY CLERK April 20, 2006 Transmitted Via Fax to 774-8865 - 6 pages Ms. Sue Filson Executive Manager Board of County Commissioners Collier County Govermnent Center 3301 East Tamiamj Trail Naples, FL 34112-4917 Dear Sue: At yesterday's meeting the City Council voted to recommend Larry Fleming for the vacancy in the Affordable Housing Commission. Attached is Mr. Fleming's application and an unsigned copy of the resolution. We will forward you a copy of the signed Council resolution when it is finalized. I am also including an executed copy of the resolution recommending Eric Guite to the Contractors Licensing Board. I think I had previously given you an unsigned version. Sincerely, fACSIMIlJ: [~;11.'026 TELEPHONE (23t) 21.,0'$ SUNCOM 717-101$ 73$ 6Gt1TH STAEET. SOUTH . NN'LES, FLORIDA 34102-6711I Visit U$ Oft 1M w6b at www.NApI6Sg0V.C(Jrtl 04/28/2806 13:56 2392131825 CITY CLERK PAGE 02 Agenda Item No. 98 May 9, 2006 Page 4 of 10 Aganda It.. 12-d ..atin, of 4/1'/0' azSOLUTIOR D'-1120J A USOL1ft'101r UPODITDlG 011II CI'l'Y usmD'l' TO TJm C:I'l'Y/COUH'l'Y UrORDABLR HOUSI.C: ~I8.:r01l "oa A TBR..-YDa T:IaII C~C:I.G APlttL U, 200', AI1D BXPJ:RJ:HG APRIL 11, 200', AIIJ) PROVIDING .ur DrK"TIVII PAT.. NIl....... , a vacancy exists for a city resident on the City/County Affordable Housing Commission; and WIl.R....S, pursuant to Section 2-268 of the Code of ordinances, the City of Naples has conducted a recruitment and interview process to ..cereain qualified candidates: JrO", THBJUrJPO.R, .. I'l' U80LYKP BY THB COtJIJCrL or THB C:In OJ' lfAPLJ:.. n.ol.:Z::DA. SaClti.oa. 1. That Larry Fleming, a city resident, is hereby appointed to the City/County Affordable Housing Commission for a three-year term commencing April 19, 2006, and expiring April 18. 200'. S.cti.on 2. This resolution ahall take effect immediately upon adoption. PU8ZD III OPU AJID UGlJLI.It. 81:..10. or TIll: CI'l'Y COUlICJ:L or '1'B. CITY OJ' .ULI:8, FLORIDA. 'l'B:8 l'th DAY OJ' APRZL. 2006. Bill Barnett. Mayor Attest: Approved aa to torm and leg.lity~ Tara A. Norman, City Clerk K,\alr\CO~X~\"'\3001\D'.11aol RobertD. Pri~t, City Attorney Date filed with City Clerk: 04/26/2006 13:56 ~.~ 31 06 01:1Sp DATE: TO: FROM: RE: 2392131625 L H Fl.~inc . Co CITY CLERK PAGE 0G 239 659 6429 Agenda Item l'pJ. llB May 9,2006 Page 5 of 10 L H Fleming & CO""""),, Real Eslilte B2B A"chor Rode Drive Nilpln, FL 34103 OJJlce: 2J9-659-6464 FfVC.: 239-.659-64Z9 FAX MEMORANDUM Marth 31 ~ 2006 Ms. Jessica Rosenberg Deputy City Clerk City Clerk's Office LlUTY Fleming Application Cor Volunteer Sc:o"icclAffordablc: Housin.,. Commi!iiSion Total number of pages including cover ~ is 3. 04/20/2006 13:56 2392131025 CITY CLERK M.r 31 0601:15p L ~ Fl..inC . Co PAGE t'l5 239 669 6429 Agenda Item N".~ May 9, 2006 Page 6 of 10 L.B. Fleming & Co., Real Estate 828 Anc.:t1or Rtxt. Drive Naples. FL, 34 1 03 Office: 239~ Fa.: 239-659-8429 March 31, 2006 Ms. Jessica Rosenbers Deputy City Clerk City C'erk's Office 733 glh Street, South Naples, FL 34102-6769 Re: Application for Volunteer Service/Affordable Housing Commission Dear Ms. Rosenberg: As instructed, accompanying this communique is the above referenced application executed by me. The following is a synopsis of my resume: I've been continuously licensed as Real Estate Broker in Ohjot Texas and/or Florida since 1968. Other positions include Vice PresidentiConsultant level assignments with several financial institutions. L. H. Fleming & Company, Real Estate. was established in Naples in June of 1999. A local Naples resident that can be used for reference is Byron Vogel. Byron lives at 4047 Crayton Road. Naples. FL. 34103. Mr. Vogel can be reached via phone at: 239-436-3734. I look forward to hearing from you and welcome an opportWlity to serve our wonderful community as a member of the Affordable Housing Commission. (RC~ LMn Ii. Fl.min~~ 64/26/2666 13:56 Ma~ 31 06 OI:lSp 23'32131625 L H Fl..ine ~ Co CITY CLERK PAGE 64 239 659 6"~9 Agenda Item (oJ~33B May 9, 2006 Page 7 of 10 RECeiVED NAR3f2111 CITY OF NAPLES crTY CU!RK City of Naples Application for Volunteer Service Name~ t\. _~_____HomcPhoned.~~-~~~\'JO E1maiJ oM.. Fax a~q -~S<i -~~9 HomcAddress.s~~ ~~ ~~.t~~~.~ ~~\D.3 Business~~. REA' ~ ~~~C Business Phone ~~kt.S<? __~ 4 ~ '-.( Business Address-.e~ ~~~ ~~~~<), A- 541Q3 Board or Committee Applied for c=..~=---_. Affordable Housin~ c.(lnlmi~Sion -=~~~=] Member Category (if applicable) What other \'olunteeT positions are you interested in? Are you a City resident7~ Jf so. how 10nB?_-Y.~A5- Reiistered vote.r? '1(:;$ Do you now hold public ~ If so, what is thlll office? Are you employed by the City of Naples Of an)' otht."f governmental bod}? .__~ --- Are )'OU related to anyone employed by the City of Naples? ~C)__~__ Please IiSl8J1Y Cily ofNllpks boards or commiuees on which you have weviousl.t served: Please indicate any City of Naples board or committee on which you currently serve: Dv you serve on a board or committee of Collier COLmty goverrunenl? J f so. what is that board or committee? PleaS(' iiSt your corp.tn~ity 8C~jvitics.(c~'c~i~~n~iihborhoodassoeiAtio_n~elc. ) ~ia) .~~< - \~(...~l-\) ~~..,- A-l\)S t...."e\'~ -.--- ~--c\\.\'\\~'"Rl.l.~~ ~~W ro~f\J.\"m€~f" 'r't1c ~ ~\)DP . l-:.l . Pkuu attlJclt J'Jllr resuMe mil prfflWk rll~ MINe lIIIi tuldt05 Please Note: These apJXlinted 10 City ~(\ards. i of II ItH:illlltdMdllfll who c." confirm ~", Nek"",,1II4 Mil commlltCtS or authorities mlllY nM represent '.JCtMrilltce. Th/$ ."pIkfltlttlt IlItntlll III! fO""lJrd~d IS II" ell)' entities before City government proceedings ()r Clerk'.r Office, 7jJ Cigh,,, Strut SO.t/l, NapleJ. FlorUJf1 may not do business with the Cily, either directly 34101-6796. If ytHl .., pleau fax YOfU appllalflOJr '(J rIr" or indircaly. A copy of the City's Code of .."tl(ln of dr~ Chy CI,ri lit 2J9-2/J-/()25- (lllnfiDffs Ethics (Article JX of the Code of Ordina.nce!!) tllOllld H dirtcmJ ft} 219-2/J.101.f.. TII.IU you /Dr YOllr will be provided by the City Clerk'$ Office upon Jl .:IlUntndS to be (II senke kJ YfHIr cq""""lIlfy.. J request. !'lease call 239-113-10 I~. ...:\R.EF\B(1,A.IU>.S\l\1KMS.....PPLCTN.[)()(' ! ~FV 61(\$ --.--. --.---------...---------.--... Agenda Item No. 9B May 9, 2006 Page 8 of 10 , .-- Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Dr. Samuel J. Durso 775-0036 10/26/04 10/01/07 3 Years 891 Partridge Ct. 642-5750 Marco Island, FL 34145 E-Mail: sdurso@hfucollier.com District: 1 Category: Habitat for Humanity Mr. William R. Cadwallader 11/13/01 1 % 1/04 3 Years 1090 Egrets Walk Circle 514-4062 10/26/04 10/01/07 3 Years Naples, FL 34108 E-Mail: District: 2 Category: Attomey/Business Administration Mr. Robert Guididas 649-1500 04/13/04 1 % 1/06 2+ Years 1550 13th Avenue, N. 643-6311 \. Naples, FL 34102 E-Mail: rguididas@cbnaples.com District: 4 Category: Banker Mr. W. Jeffrey Cecil 593-2950 10/14/97 10/01/00 3 Years 3073 Windsong Ct. #604 04/13/04 10/01/06 3 Years Naples, FL 34109 E-Mail: District: 2 Category: Countyl Atty-Affordable Housing Dev. Ms. Esmeralda Serrata 657-3649 OS/24/05 10/01/08 3 Years 603 Nassau Street, Apt. 4 657-5636 Immokalee, FL 34142 E-Mail: cchaf1@aol.com District: 5 Category: Collier County Housing Authority ~~ Wednesday, March 19, 2006 ~,:..;:;IIDil .~'I.:z::;:.~__.~, ';~~~J Page 1013 Agenda Item No. 98 May 9, 2006 Page 9 of 10 ( Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Laureen Mary Owens 530-5316 03/28/06 1 % 1/09 3 Years 2308 Elizabeth Court 775-6067 Naples, FL 34112 E-Mail: LaurieLLL@aol.com District: 1 Category: Nonprofit Organization Mr. John F. Houton 03/19/03 03/18/06 3 Years / 275 Yucca Road 643-5051 Naples, FL 34102 E-Mail: District: 4 Category: City Ms. Mary Strutz 11/19/03 11/18/06 3 Years 271 Aqua Court, P.O. Box 1646 263-0697 (~ Naples, FL 34102 E-Mail: District: 4 Category: City Mr. Kenneth Kelly 435-0014 03/28/06 1 % 1/07 1 + Year 4260 16th Street, N.E. 354-2021 Naples, FL 34120 E-Mail: ken@kellyroofing.com District: 5 Category: Roofing Contractor - Resides East of951 Ms. Christine D. Straton OS/24/05 1 % 1/07 2 + Years 4260 Montalvo Court 597-8849 Naples, FL 34109 E-Mail: chrisstraton@yahoo.com District: 3 Caugory:COUNTY-ALTERNATE ( '-. .._"""'........ _-...~:"2Z:' . .~..4-_..-.:<w.:~~':><....:,..:......~_-...:;.~ .,:..t._.~.. -,..,~.. ....._'..~'...o::~'"""'_~.. ,...,IOilJ Wednesday, March 29, 2fJfJ6 Page:2 of 3 Agenda Item No. 9B May 9,2006 Page 10 of 10 ( Affordable Housing Commission Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals. objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by Ordinance No. 2005-69: the BCC will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county-at-Iarge, the City of Naples-at-Iarge, the development community, affordable housing providers, financial institutions. the legal profession and realtors. On 12/14/04 the BCC adopted Ordinance 2004-77 to add 1 Alternate member to be appointed by the BCC. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13. 2005, the BCC approved Ord. No. 2005-69 changing the composition of the committee, 9 members and 1 alternate. The BCC will appoint 8 members, including the alternate (2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee) and the City of Naples will appoint 2 members. \. Tara A. Norman, City Clerk 434-4701 FL STAT none Staff: Denny Baker, HUI Director: 403-2330 ~::.:z:-..:;;:~~ ~"...,.;.,;~.,"",,-,-;:."'7f"r--.""~~~......~,,"-,<~_,,~-'~?'"'~..:Z:;:.-~ WednesdQ}'. March 29. 2006 Page 3 of 3 EXECUTIVE SUMMARY Agenda Item No. 9C May 9, 2006 Page 1. of 1 0 ,........ .. . ... ,. .... .... ... . OF MEMBER(S) TO THE COLLIER COUNTY UTILITY AUTHORITY. OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on May 21, 2010, to the Utilities Authority. CONSIDERATIONS: The Collier County Utility Authority has 1 term expiring on May 21, 2006. This 5 member council was established on February 27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 2 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. After initial staggered terms, the terms will be 4 years. A list of the current membership is included in the backup. The term for Mr. Robert C. Bennett will expire on May 21, 2006. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY D1ST ELECTOR ADV. COMM. _. Kenneth R. Rech Technical 5 Yes None Robert C. Bennett-reappt Technical 3 Yes County Productivity Committee Utility Authority ATTENDANCE: Mr. Robert C. Bennett has attended all regularly scheduled, special and advertised public hearing meetings as a member of the Utility Authority. NOTE: NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Robert C. Bennett has served two and one-half consecutive terms on the Utility Authority. Should the Board wish to re-appoint Mr. Bennett, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: Quasi-ludicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. _. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 9, 2006 Agenda Item No. 9C May 9, 2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item Summary: Meeting Date: Appointment of member to the Utility Authority. 5/9/2006 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/27/20064:55:50 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/2006 5:23 PM Agenda Item No. 9C May 9, 2006 Page 3 of 10 Memorandum To: Sue Filson, Executive Manager From: James C. French, Manger, Regulations and Operations, CDES Date: April 24, 2006 Utility Authority Applications - Bennett I Rech Subject: Both applicants, Robert Bennett and Kenneth Rech, meet the qualifications of a "technical member" as defined in Collier County Ordinance 96-6, as amended. Since the beginning of my association with this Advisory Board, January 2004, in addition to the records I have been able to locate from Bleu Wallace; it appears that Bob Bennett has attended all regularly scheduled, special and advertised public hearing meetihgs while serving on this Authority. Agenda Item No. 9C May 9, 2006 Page 4 of 10 Utility Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Robert C. Bennett 07/16/96 OS/21/98 2 Years ./ 285 - 1 West Naomi Drive 352-0219 06/11/02 OS/21/06 4 Years Naples. FL 34104 E-Mail: District: 3 Category: Technical-Executive Management Dr. Fay R. Biles 05/12/98 OS/21/99 1.5 Years 1588 Heights Court 394-3089 04/22/03 OS/21/07 4 Years Marco Island. FL 34145 E-Mail: District: 1 Category: Lay Member Mr. Lowell Lam 07/30/02 OS/21/05 3 years 5 Gray Wing Pt. 774-5464 05/1 0/05 OS/21/09 4 Years Naples, FL 34113 E-Mail: lmlam@comcast.net District: 1 Category: Civic Pride Mr. W.J. "Jack" Markel 07/30/02 OS/21/03 1 Year 334 Henderson Ct. 389-8997 04/22/03 OS/21/07 4 Years Marco Island, FL 34145 E-Mail: Distrid: 1 Category: Technical Mr. Jerry P. Morgan 07/30/02 OS/21/04 2 Years 7350 Mont Claire Drive, #201 594-8204 05/11/04 OS/21/08 4 Years Naples, FL 34109 E-Mail: District: 2 Category: Technical ".,...~.....~~~....-...~ . .~......___.."-~",,..,.........'..,.,..c...:..4_"__~""~~-"_'''''''' ".. ...~....~,~.,..........::-_..{'..~~~~'9.~~;;-.:-.=!: .L. Wednesday, May 11, 2005 Page 1 of 2 Agenda Item No. 9C May 9, 2006 Page 5 of 10 ( Utility Authority Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 5 member authority was established on February 27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature. with expertise in engineering. finance and/or business administration. The remaining 2 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 4 years. ( FL STAT 125.01(t) Staff: Bltiu. . '-II......... CDES Operations Director: 659-5717 ~es FYr!'AC'h c_ ::...~....._~~::.'~.7.!:'-~~___...:.-_~~'"":"~-=:::-'':'_'''~__'.,__._~_,==:%:'r~~~.-~~.....__"'Q:l"""--=:""'_,~;l,Uo~,~~=.~_:. ..". Wednestlay, May 11,2005 Page 2 0{2 Agenda Item No. 9C May 9, 2006 Page 6 of 10 MEMORANDUM DATE: April 14, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioner RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. UTILITY AUTIlORITY COMMISSION DISTRICT Kenneth R. Rech 1491 25th Street, S.W. Naples, FL 34117 5 3 Robert C. Bennett 285 - 1 W. Naomi Drive Naples, FL 34104 Thank you for your help. MEMORANDUM Agenda Item No. 9C May 9, 2006 Page 7 of 10 DATE: April 14, 2006 TO: James French, CDES operat~'on ector Sue Filson, Executive Manager . Board of County Commissione FROM: RE: Utility Authority As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Kenneth R. Rech 1491 25th Street, S.W. Naples, FL 34117 Robert C. Bennett 285 - 1 W. Naomi Drive Naples, FL 34104 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments . . ~ filson_s Page 1 of2 Agenda Item No. 9C May 9,2006 Page 8 of 10 From: advlsoryboards@colliergov.net Sent: Monday, April 10, 2006 10:12 PM To: filson_s Subject: New On-Hne Advisory Board Application Subnitted. ~~K~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~t~I'\.I. , . ........ .:'} . '1"'- f("l / Fax Number: No information provided. Business Phone: 239-403-2499 Place of Employment: Department of Health - Collier County Health Department Have you ever been convicted of any offense against the law? No Board I Committee Applied for: The Collier County Utility Authority April 10,2006 Application for Advisory Committees I Boards Name: Kenneth R. Rech Home Phone: 239-455-1119 Home Address: 1491 25TH ST SW City: Naples Zip Code: 34117 Email Address:kenrech@swfla.rr.com How long have you lived in Collier County? 3-4 years Are you a registered voter in Collier County? Yes Category: (if applicable) Professional Engineer Do you currently hold public office? No Do you now serve, or have you served on a Yes 4/11/2006 . - - Collier County board or committee? If yes, please list the boards I committees: Board of Building Adjustments and Appeals Page 2 of2 Agenda Item No. 9C May 9, 2006 Page 9 of 10 Please list your community activities: No information provided. Education: BSCE Civil Engineering, Florida P.E. #34712 Environmental Health Professional certified in Food Protection and Onsite Sewage Treatment & Disposal Experience I Background: I have been licensed as a Professional Engineer in Florida since 1984. I have extensive regulatory experience in public health and environmental health. During the last 24 years I have directed two approved county health departments in the regulation of Department of Environmental Protection water treatment and distribution systems. Duties included General Pennits, Construction Penn its, sanitary inspections and routine inspection of water system operation and water quality. As an Environmental Health Director in 3 Florida counties with The Department of Health I have supervised the permitting of water treatment systems, public swimming pool construction and operation, and food hygiene services. I am currently the Division Director for Environmental Health and Engineering for the Collier County Health Department. I have been employed in this position since October 2002. My Florida Professional Engineer License number is # 34712. 4/11/2006 It ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C May 9, 2006 Page 10 of 10 Application for Advisory Committees/Boards Name: ~~ 'l)lr"'l C .~ c.v~(l.Cj\' Home Address: 2.-h-- \ W' \v t,,""': \)nvL Home Phone: ~~.. 1 . 6 2. \ (,' ? Zip Code: ':l '-11 t "1 t-.;..mU'))- ~~ . '). ~II- e-mail address: r~\<.' r.-.c..,,,.ef'{ ~& ~~~ l\,d- Fax No.Z,';3 -l'1 \~ Business Phone: 1,,, CJ . 1.. '1 S I --.lIKe of.Employ.mmt; \-;e I"\or-,~'\\ <;cc:;....<.J.. .1 t(.. h..~ \ \'~ C....rnr,..~.~( . Board or Committee Applied for: \/-1., \?..- )vv I.,)t-t- ~",h.;' A~ \-k....l'" t) -c~ - - --. Category (ifapplicable): (', ",_.A \,...:.,..." Example: Commission District, Developer, environmentalist, lay person, de. How long have you lived in Collier County: Years ~ Are you a registered voter in Collier County: Y es ~/ Months No Do you currently hold public office? Yes If so, what is that office? ~ No Have you ever been convicted of any offense against the Law? If yes, explain: Do you now serve, or have you ever served, on a Cotner County board or committee? Yes V No If yes, please list the committees/boards: ~\",L.~ k'~t;. \0 ~j,,'>r(f' J"'''\~t-l.,J(-t-(.... ~~~"'I~- ~ l \,~V 0I'I"""\,1- \,<'~~~+I""t-' v Yes No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: ---. Gc. ....~t:'- L-~-",~'-:' -L:-Z, -c."~""'l'r:,: - B. ....:......;. '0..;;:- "\,,';:""; \-.::::,,,,-, ;-...n t,v~"'''''''<':''':''\\H... "~\.-\t.~Ii... L\...';... Education: "If \ ~ \.A ,<,-, ~... V''- r\ ') .~ ~ k~A- J:.'>tN-~lll ('v\\-~t. ~ :r'r'tr\(~l Fwritl Experience: E""t'(~~,vt 'v\' J.. :V.oct d-z.... ~.i.:.\I'..I\ ~\h'\t'. \?("<A..~ (....~\' ('~u \v~{...\\t.-,), \:.\,<.-~" \?....v"'-.h U,1:' ~\' Vi' \;t::\\ .3::"'\1..."'....."',.."',1..1 C"-'<~ .:. ICV {:; ~""'l.'Tl - \k,\I .i. ;r"'~i.-(.....lrll \ -p.1 ~ PletlSe IIitIlcll tiny IUIditiolUJl infomuttion you feel pertinellt. This IIpplictltion should be 10l'Wtlrded UI Sue FUson, Executive MtI""Ier UI the BotIrd of County Co_issioners. 3301 Eat TamUunI TrtUl, Nllples, FL 34111. If you wish, pI_efax your IIppllciltWn UI (239) 774-3602 or e-mtlll UI suefilsonfiiJetJllief'Pov.neL Thtlllk you lor vollUltllering UI Servll the dthellS ofCollJer County. Agenda Item No. 90 May 9,2006 Page 1 of 19 ".,.......... EXECUTIVE SUMMARY . .,...... .....'.-........:-..'........'..........'''...... .... .......... -"'." '::.,' /-;, ...... ./,-'< ,'., . ", >...".. .....'.... ..,'".,', APPOINTMENT OFMEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 4 members; 2 members reappointed to 4 year terms and 2 members to fulfill the remainder of vacant terms to the Hispanic Affairs Advisory Board. CONSIDERATIONS: The Hispanic Affairs Advisory Committee has 2 terms expiring on June 25,2006 and 2 vacancies due to resignations. This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. The terms for Dr. James Alward Van Fleet and David Correa will expire on June 25, 2006 and resignations were received from Ms. Anna 1. Rodriguez and Ms. Maria C. Herrera-Rodriguez. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY .Q.lli! ELECTOR ADV. COMM. _. David Correa-reappt n/a 3 Yes HAAB Mario A. Ortiz n/a 3 Yes None James A. Van Fleet-reappt n/a 3 Yes HAAB Lily DeBliex n/a 3 Yes None Gary D, Holloway n/a 5 Yes None COMMITTEE RECOMMENDATION: David Correa - commencing June 25, 2006 and expiring on June 25, 2010 lames A. Van Fleet - commencing June 25, 2006 and expiring on lune 25, 2010 Lily DeBliex - new appointment expiring on lune 25, 2009 Gary D. Holloway - new appointment expiring on June 25, 2009 ATTENDANCE: David Correa - 1 excused and 2 unexcused (January 2005 - April 2006) James Alward Van Fleet - 2 excused absences (January 2005 - April 2006) NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, David Correa has serves 3 terms. Should the Board wish to re-appoint Mr. Correa, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE - GROWTH MANAGEMENT IMPACT: NONE Agenda Item No. 9D May 9,2006 Page 2 of 19 RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 9, 2006 - Agenda Item No. 90 May 9, 2006 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9D Item Summary: Meeting Date: Appointment of members to the Hispanic Affairs Advisory Board. 5/9/20069:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/27/20064:55:50 PM Approved By Leo E. Ochs. Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/2/20068:30 AM Agenda Item No. 9D May 9, 2006 Page 4 of 19 OFFICE OF THE COUNfY ATIORNEY MEMORANDUM DAlE: April 28, 2006 TO: Sue Filson, Executive Manager ec: HAAB Advisory Board Members FROM: Colleen M Greene, AssistaDl County Attorney SUBJECT: Recommended Appointments for the HAAB There are currently two vacancies on the Hispanic Affairs Advisory Board ("HAAB"). At the regularly scheduled monthly meeting. the Board voted unanimously to recommend appointment for the following two applicants: Dr. Lily DeBliex 1115 Augusta Falls Way Naples, FL 34119 Gary D. Holloway P.O. Box 2162 Immokalee, FL 34142 Further, two current HAAB members' teI1D5 will expire in June 2006; they are Dr. James Van Fleet and Mr. David Correa. The HAAB voted unanimously to recommend their reappointment to the Board of County Commissioners. In Mr. Correa's case, the BCC must waive the two-term restriction found in Ordinance No. 01-55. The Ordinance provides, <'by unanimous vote of the commission, the limitations set forth in subsection (b) above may be waived." The HAAB carefully considered this Ordinance and voted unanimously to recommend that the Bee waive the limitation. The attendance records were reviewed from January 2005 to April 2006 (14 meetings, no meeting in July). Dr. Van Fleet bad two excused absences (11/10/05 and 3/1106). Mr. Correa had one excused absence and two unexcused absences (8/25/05, lIllO/OS and 3/1106 respectively). The HAAB discussed whether the other applicant, Mario Ortiz, met the basic requirements to be a HAAB member. The HAAB agreed that his application was not clear. Mr. Ortiz indicated that he has lived in Collier County between 5-10 years (maybe originally a snow bird?). The HAAB discussed that although Mr. Ortiz was a Spanish teacher, his application was not clear as to whether he has ever served on another community board. or whether he has dedicated any volunteer time to the Hispanic Community. The other applicants indicated their interest and commitment to the Hispanic Community as part of their applications. Thank you for your kind attention to this matter. Please contact me directly if you have any questions or concerns. c:c: Michael W. Pettit, Chief Assistant County Attorney Lillian Amador, Staff Liaison O4-COA-01136I3O Agenda Item No. 9D May 9, 2006 Page 5 of 19 f Hispanic Affairs Advisory Board <- Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Anna I. Rodriguez .Ifr 774-4300 07/26/05 06/25/09 4 Years 7771 Scarlet Ct. {' ~~~r ~OV 434-1975 Naples, FL 34104 ~..\ -:; E-Mail: air787@earthlink.net District: 3 Category: Dr. James Alward VanFleet 348-8162 11/30/04 06/25/06 2 Years ./' 184 Spring Lake Circle 348-8162 Naples, FL 34119 E-Mail: javanfleet@msn.com District: 3 Category: Mr. Ernest A. Labrador 353-7220 09/1 0/03 06/25/07 4 Years 14960 Collier Boulevard #2112 353-7220 Naples, FL 34119 "- E-Mail: District: 5 Category: Mr. David Correa 417-6340 06/06/95 9726 V i1ud...1 hilt Drive ~7S Hq~4. Rl~ ~ ~d. €' 06/11/02 Naples, FL ~ 3'(11' E-Mail: District: 2 Category: 06/25/98 06/25/06 3 Years ./' 4 Years v Mr. ManuaI Gonzalez 850-7097 11/30/04 1622 Tarpon Bay Drive, South #202 591-3934 Naples, FL 34119 E-Mail: District: 3 Category: 06/25/07 3 Years r.:--.~:-,,:-".':.~..~.~~-:r':':':.::-."::':-~;:~.~;~~~.:&~r.'::~.~.~,,~..~::=.:::~~~~.-..7.n!":_-::'~:":7"7,~~..~~....",-. .._,o.._~=-C-~---:; Wednesday. July 27. 2005 Page I of 3 Agenda Item No. 9D May 9,2006 Page 6 of 19 (-. Hispanic Affairs Advisory Board Name Work Phone Appt'd E>.p. Date Term Home Phone DateRe-appt 2ndExpDaJe 2nd Term Mr. Raymond Cabral 643-9482 11/30/04 06/25/05 7 Months 14767 Indigo Lakes Circle 348-7759 07/26/05 06/25/09 4 Years Naples, FL 34119 E-Mail: wynns827@msn.com District: 3 Category: Mr. Renato F. Fernandez 353-6719 07/26/05 06/25/07 2 Years 7901 Liecester Court 353-6719 Naples, FL 34104 E-Mail: FaustoRe@aol.com District: 3 Category: C' Mr. Cosme E. Perez 354-2700 11/30/04 160 12th Avenue, N.E. 455-7100 07/26/05 Naples, FL 34120 E-Mail: cosmeperez45@hotmail.com District: 5 Category: 06/25/05 06/25/09 7 months 4 Years Ms. Maria C. Herrera-Rodriguez 377-1276 07/26/05 4510 Coral Palms Lane, #1 353-9146 Naples, FL 34116 re~lfj,..~tf 0(" E-Mail: chava2_1999@yahoo.coml.. q" District: 3 Category: 06/25/09 4 Years ~..::;:; :~.: ::':..:':-:rz.:::;.~. ."7.~-';:Z :_~~~,w~,,;;:J.O.:;;:~::,:::'.,=c:-::::~,~-=::,~::::::'~:-:~:_':~-cr:7:7_ '~: ~::7'-~~T::-:-,-::-=:':':"::~:~"'.c:-:'.:-, :7~;..::::;'i:C~~:::.::n:7lll:"_:~.::-,'~:::-:;::; ":::c:;: -.-::Y:'::-:.::'J: Wednesday.. July 27. 2005 Page 2 of 3 Agenda Item No. 90 May 9, 2006 Page 7 of 19 Hispanic Affairs Advisory Board Name Work Phone Home PIrone Appt'd Exp. Date DateRe-appt 2ndExpDaJe Term 2nd Term This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78} to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners. Terms are 4 years. FL STAT Staff: Lillian Amador, H.R. Tech for Road and Bridge: 774-8924 ~".r.~-~::~'::":":::":::~:.--=:~~'iJ:!IZ~~~..x==:-,;:';7::,:'__~:,.~,::::::::--::':;;1."~~.7,~::,,:,,"-..:~~-::::e=az::=~;::'::=;::'~'J";:::'~~......",,-~d:...;.,..,""";;'-_~_-:'~_:____":.-.;:1 Wednesday. July 17, 1005 Page 3 of 3 ......... Agenda Item No. 9D May 9,2006 Page 8 of 19 MEMORANDUM DATE: April 14, 2006 TO: Elections Office ... FROM: Sue Filson, Executive Manager Board of County Commissioner RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the countYs advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. mSPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT David Correa 275 Napa Ridge Road, E. Naples, FL 34119 3 3 3 Mario A. Ortiz 4699 Navassa Lane Naples, FL 34119 James A. Van Fleet 184 Spring Lake Circle Naples, FL 34119 Thank you for your help. ". Agenda Item No. 90 May 9, 2006 Page 9 of 19 MEMORANDUM FROM: March 10, 2006 Elections Office :i ~ Sue Filson, Executive Manager Board of County Commissioners I DATE: TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. liSP ANIC AFFAIRS ADV BD COMMISSION DISTRICT Gary D. Holloway P.O. Box 2162 Immokalee, FL 34142 3 j Dr. Lily DeBliex 1115 Augusta FaIls Way Naples, FL 34119 Thank you for your help. MEMORANDUM Agenda Item No. 9D May 9, 2006 Page 10 of 19 DATE: April 14, 2006 TO: Lillian Amador, H.R Tech for&Oad d B~dge Sue Filson, Executive Manager Board of County Commissioners ~ FROM: RE: Hispanic Affairs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: David Correa 275 Napa Ridge Road, E. Naples, FL 34119 Mario A Ortiz 4699 Navassa Lane Naples, FL 34119 James A. Van Fleet 184 Spring Lake Circle Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments .. ~ -, ~ ( Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9D May 9,2006 Page 11 of 19 r: C"'"': lVE- D .'" ."./ ....11 1 'j 2006 :y C;ommissioner .. Application for Advisory Committees/Boards Q AJLlJ) to A. f<f.f/ Home Address: J. 7 S IV'A PR R lrr ME, Fax No. Business Phone: Place ofEmPIOyment:~ A e c:J . Board or Committee Applied for: HIS P ~ n J C- n Fi=~ S; Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Name: Home Phone: ~39 dI3-DDfol-1 Zip Code: :3 tf / I '1 e-mail address: flDVl80 A.-v BOArc:/ (,. How long have you lived in Collier County: Years~ Months Are you a registered voter in Collier County: Yes~NO No V- Do you currently hold public office? Yes If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: NO~ Yes No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Jll~;r-cbA~~~bn ~~~61r1C.A~ Ct,~ Education: ~ t\Ch 1.~~O Experience:~1i W N.y .L\si. eR 1ec.h ~ Y 5 Sv p ~e.tr1e. Coo if" aU V/eiTbu7 L:I JJ.;" C6Urr ~ c.J~ ~S'1('S (.J~ $c c. PlellSe fl1Ureh IZny tuJditiolUll informlldon you feel perrinenL This application should be fO/'WlZrded to Sue Filson, Executive Mlilnlilger to the BIHU'd of County Commissioners, 3301 &1st TtullilZmi Tntll, Nlilples, FL 34112. If you wish, pl-ffIX your IZpplic1ztion to (239)774-3602 ore-mllil to suefilson{ij)~olliel'2ov.neL ThtUlkyollfDr vDlunteering to serve the citizens of Collier CDunty. . . . filson_s Page 1 of2 Agenda Item No. 90 May 9, 2006 Page 12 of 19 From: advisoryboards@colliergov.net Sent: Monday, April 10, 2006 6.:12 PM To: filson_s Subject: New On-Une Advisory Board Application SubrTitted. ~~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 f(~ ~t~.'\1 } . . ., '. '. . ';. 'I .' , . ,,: I : Fax Number: No information provided. Business Phone: No information provided. Have you ever been convicted of any offense against the law? No Board I Committee Applied for: The Hispanic Affairs Advisory Committee April 10, 2006 Application for Advisory Committees I Boards Name: Mario A. Ortiz Home Phone: 239-596-7710 Home Address: 4699 Navassa Lane City: Naples Zip Code: 34119 Email Address:mortizmao@gmail.com Place of Employment: retired How long have you lived in Collier County? 5-10 years Are you a registered voter in Collier County? ~ le.s Category: (if applicable) citizen at large Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or committee? No 4/11/2006 . . .I Please list your community activities: Island Walk Board Of Directors, 2003- present. Board of Directors Secretary, first term. *Island Walk is a Homeowners Association. Page 2 of2 Agenda Item No. 90 May 9,2006 Page 13 of 19 Education: College: Monmouth Univeritiy, West Long Branch, New Jersey. 1964- Bachelors Degree 1976- Masters Degree Experience I Background: Educator: Teacher of Spanish. Evenig School Director. Supervisor, District, World languages Department. · A more specific curriculum vitae will be provided upon request. My current address is: 4699 Navassa Lane Naples, FL 34119 Tel. 239-596-7710 4/11/2006 . . . Page 2 of2 Agenda Item No. 90 May 9,2006 Page 14 of 19 Please list your community activities: This is an amended application. Yes, I am a Collier County registered voter Education: No information provided. Experience I Background: No information provided. 4/11/2006 e Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards J)y, \j~\TVH~ f\,V A\\l FLfS\ Home Phone: 3~~-'b\bL. Home Ad"""': \~'\ 'S~r.~ Lbll.. C, f J" Zip Code:~ \ \O\-4b'l~ Fax No. S~\'YI\.. Business Phone:(\ I ~ e-mailaddress:JJ.J\ Vf\tJ 1= LEfT Q MS\\I. (.0,'-\ Name: Place of Employment: Y\ I A Board or Committee Applied for: \-\ 1\~t1...\\<_... f-\ ~~)'\tS Category (if applicable): n I A Eumple: Commissioa District, Developer. enviroameatalist, Illy persoa. de. How long have you lived in ColJier County: Years 5 Months--1 Are you a registered voter in Collier County: Yes \/ No Do you currently hold public office? Yes No V- If so, what is that office? Have you ever been convicted of any offense against the Law? Yes If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes 1/ If yes, please list the committeeslboards: Currently I serve as Chairman of the Collier County Government Productivity Comz:nittee. and I am a current ~~_ber of the Hispanic_ Affairs Advisory_ Board (~). Please list your community activities (civic clubs. neighborhood associations, etc. and positions held: CURRENTL Y: Secretary. Naples Chapter Sons of the American Revolution (SAR); Class of 2006 Leadership Collier; Chairman, Council for International Visitors in Collier (CIVIC); Vice President, Homeowners Association; Board Member, Collier County Genealogical Society; Memberships: Diversity Committee. Collier School District; Education:~ Council on Foreign Relations (Miami Roundtable); Naples World Affairs Council, et ai. ._~ B.A., economics and political science; M.A.. economics and public administration; Ph.D. E. development and urban economics, minor in public administration and graduate l:penence: "fi" - certl_ cate m LatIn American studies; J.D. general law. ___ ._____.. FIRST PROFESSiONAL- CAREER (20 years): United States State DePartment. Agency for International Development (USAID). fIrst position. urban economist. last po~ition, CounfY Mission Director (retired). SECOND PROFESSIONAL CAREER (15 years): Academic administration, retiring 2001 as Professor Emeritus. Assistant Provost and Dean for International Affairs, the University of North Carolina. OTHER: U.S. Air Force Reserve. No / . No w n- fItIIu:A .." tlddititnull UVOl'lll1llUHt J'OIl ful pertilfe"L This IIpplictlJio" should be fo""",,,," to SIIe FIIstM. Executive MtIJJ4gel'tD tlte Botlrrl ofColUIty C_",issio"en, 3301 EIlst TiUffill",; TrrIil. NGpks. FL 34112. IfYOII wish. plell$l! ftIX YfIIII' IIpp/ktllioll 10 (239) 774-360201' -.u tD $ue!i/solt((kolliel'1!ov.ller. ThallI! yoll lor 1OO11I"teerilll t8 Sl/1'I1e lhe citi:eflS ofCollit!I' COII"ty. MEMORANDUM Agenda Item No. 9D May 9, 2006 Page 16 of 19 DATE: March 10, 2006 TO: Lillian Amador, H.R. Tech for~o and Bridge Sue Filson, Executive Manage ~ Board of County Commissioners FROM: RE: Hispanic Affairs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Dr. Lily DeBliex 1115 Augusta Falls Way Naples, FL 34119 Gary D. Holloway P.O. Box 2162 Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments -- 4t -) Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239)774-3602 Agenda Item No. 9D May 9, 2006 Pa e 17 of 19 r o I Application for Advisory Committees/Boards Name: Dr. Lilv DeBliex Home PhoDe: 239-354-2682 Home Address: 1115 Aueusta Falls Way. Naples. FL Zip Code: 34119 Fax No. 239-254-4454 BusiDess PhoDe: 239-254-4444 e-mail address:liIv~eolorisereat.com Place of EmploymeDt: Widespread TechDoloeies-Xerox Board or Committee Applied for: HISPANIC AFFAIRS BOARD Cateeorv (if applicable): Lay PersoD EUlllpIe: Commissio. Distrkt, Developer. ellViro..e....ist. lay peno.. etr. How IoDI!: have YOU lived iD Collier COUDty: Years_8 MODths Are YOU a reeistered voter in Collier COUDtv: Yes_X_No Do vou currently hold Pllblic otlke? Yes Ifso, what is that ofliee? No x Have vou ever been convicted of anv offense ae:ainst the Law? If yes, esplaia: Yes No_X Do y_ aow serve, or have y_ ever served, OD a Collier CO.Dty beard or committee? Yes If yes, pInse list the commiUeeslboards: No_X Please list your commuDity activities (civic dubs. Deie:hborhood associations. etc. aDd positioDs held: a)AmericaD BusiDess WomeD's Association-Member, Scholarship & FUDd RaisiDg Committees; b) BODita Leads Group-Social Chair, Past President; c) Catbolic Charities-Board Member; d) EcoDomic DevelopmeDt Council-Member; e) PACE CeDter for Girls-MeDtor; f) PRACC-Board Member; g) ZONT A-Member EducatioD: BSBA in BusiDess Administration; BA in ElemeDtary EducatioD; and Masters aDd Ph.D. iD EducatioDal Leadership Experieuce: Elemeutary School Teacher: ElemeDtary School PriDcipal: Business Owner PleflSe dam turyaddititHIfll ilf/o""lIdolf 1011 f<<l pnDlfe"t rills tlppliCllliOll .11",,14 be fot'W",tIeIJ to SlIe FiIHII, ExeclUWe Ma"ager w the Botud of County Commissioners. 3301 East T_i_i Trail, Naples, FL 34112. Ifyo14 wish,pkllUfuyo14r lIfIpliclUion to (239) 774-3602 or e-maU to suefilson(ikolJiereov.nd. Thank you for ,.obtnt<<ring to sene the citizens of Co Iller County. Page lof2 Agenda Item No. 90 May 9, 2006 Page 18 of 19 filson_s em: advisoryboards@colliergov.net Sent: Monday, February 20, 2006 9:58 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 "A.-t~1 .~.I .A ~ ,~ . ....... ..". ~.I " . t .:.. . i ..' ~ / February 20, 2006 Application for Advisory Committees' Boards Name: Gary D. Holloway Home Phone: 239~33-4069 Home Address: P. 0 Box 2162 . City: Immokalee, FI. Zip Code: 34142 Fax Number: 239-334-8712 Business Phone: 239-334-1000 Email Address:gary44mcanes@yahoo.com Place of Employment: Wallace International Trucks How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Hispanic Affairs Advisory Board Category: (if applicable) No information provided. e Do you currently hold public office? No 2/2112006 Pa~e 2 of2 Agenda Item No. 9D May 9, 2006 Page 19 of 19 . Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: Immokalee Master Plan Immokalee CRA Yes Please list your community activities: Immokalee Pop Warner Program -President Immokalee Rotary Club Immokalee Weed and Seed Program Member of Friendship Baptist Chrurch Education: Immokalee High Grad 1995 Edison College Florida Gulf Coast Experience I Background: I'm a Hispanic Bi-lingual that has been part of the Collier Community my entire life, I've been involved in many community programs and see this as a new oppurtunity to help and impact the Hispanic community of Collier County. . .-) 2/21/2006 Agenda Item r\Jo. 9E May 9, 2006 Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9E Item Summary: Discussion regarding waiving the $10 per hour fees for the Immokalee Community Park meeting rooms for both the Immokalee Coordinating Council and the Immokalee Civic Association as a valid public purpose (Commissioner Coletta). Meeting Date: 5/9/20069:00:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCC Date BCC Office 4/27/20064:55:50 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 5/2/2006 1 :46 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/2/2006 5:50 PM - - Agenda Item NO.1 OA May 9, 2006 Page 1 of 25 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to fonnally adopt a Strategic Plan OBJECTIVE: To adopt a Strategic Plan. CONSIDERATIONS: For the past five years the Board of County Commissioners primary emphasis has been to rebuild and maintain public trust. Citizen surveys over the past five years have shown increasing approval ratings of the Commissioners and County officials and the perception that things in Collier County are moving in the right direction. During the Board's Strategic Planning Workshop of February 4, 2005 the Board directed the County Manager to update the Agency's Strategic Plan during Fiscal Year 2005, to be introduced in Fiscal Year 2006 and applied during Fiscal Year 2007. The focus of the new plan is to identify present long-range priorities for the community. The Proposed Strategic Plan was presented to the Board during the February 6, 2006 Workshop. New vision and mission statements, new guiding principles (values) and a first-ever motto were presented. The Plan delineates six (6) major strategic focus areas with associated strategic goals, community outcomes, and objectives. The major strategic focus areas include: Neighborhood Preservation and Enhancement, Growth Management, Community Health and Human Services, Mobility, Economic Development, and Local Governance. Through a SWOT (Strengths, Weaknesses, Opportunities and Threats) Analysis staff identified three major types of issues facing the County: Strategic Issues which will take I to 10 years to overcome, Operational Issues which will take 1 to 5 years to fix, and Tactical Issues which can be addressed in 1 to 2 years. The Commissioners unanimously agreed that the plan is on the right track and directed the County Manager to solicit comments. feed back and "buy in" from the community. Staff identified 29 Stakeholder Groups that have a major impact on the County. Of the 29 groups from which comments were solicited, responses were received from 22. Overall comments were very positive and complimentary of the plan. There were several requests to add items to the plan; however, most were not incorporated in the attached condensed version of the plan because they are already included in the much lengthier macro or "drill-down" version of the plan as tasks or action items. Staff did incorporate the following Stakeholder recommendations into the plan: II.B. 7. Create a countywide integrated critical facility needs map inclusive of all emergency services facilities future needs. III.CA. In collaboration with the local Homeless Coalition begin the process of development, implementation, and adoption of a county-wide 10 year plan to end chronic homelessness. III.C.5. Create a proactive community health coalition to address long range health care Issues. Agenda Item NO.1 OA May 9,2006 Page 2 of 25 V.CA. Support and develop the Florida Tradeport as an international airport and prime industrial location. V.C.%. Through public/private sector collaboration support the creation of a life science research park. Several of the Stakeholders responses contained questions on the Plan. These questions are addressed in Attachment 5. Additionally, a few respondents provided suggestions for operational improvements in specific departments. These recommendations have been provided to the appropriate staff for information and comment. Assuming the Boards adoption of the Plan as proposed, the next step will be for staff to further identify and incorporate specific tasks to fully align Agency efforts and resources with the vision, mission, values, strategic goals, community outcomes and objectives identified by the Board. The task or action items will include the who, what, when, and costs associated with each task. The Plan is scheduled for initial implementation in Fiscal Year 2007. The Strategic Plan will serve as the guiding framework for supporting intermediate range business plans, annual work programs and individual employee performance plans. It will lead to additional interrelated and interdependent initiatives undertaken within the next three to five years focusing on program performance measurement, business operations, metrics, multi-year budgeting and capital projects management. Ultimately, the Plan will serve as a "Scorecard" against which the Agency and the community can measure progress toward accomplishing our strategic goals and objectives. FISCAL IMP ACT: There is no direct fiscal impact associated with the adoption of the Strategic Plan. GROWTH MANAGEMENT IMP ACT: There is no direct impact on the growth management plan related to adoption of the Strategic Plan. However, many items included in the Growth Management Plan and the Annual Update & Inventory Report (on public facilities) are addressed in the Strategic Plan. RECOMMENDATION: That the Board of County Commissioners adopt the proposed Long-Range Strategic Plan. ATTACHMENTS: 1. Proposed Strategic Plan as of May 1, 2006 2. County Manager's letter to Stakeholders Soliciting Comments 3. Listing of Stakeholder Groups 4. Stakeholder Responses 5. Staff Answers to Stakeholder Questions PREPARED BY: Winona Stone, Assistant to the County Manager ..- Agenda Item NO.1 OA May 9, 2006 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10A Item Summary: Recommendation for the Board of County Commissioners to formally adopt a Strategic Plan. (Winona Stone, Assistant to the County Manager) 5/9/2006 9:00:00 AM Meeting Date: Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/3/2006 12:24 PM <(c'oL() OON .,...0,,- ,N 0 o --.:t ZOl (!) E~Ol (!) '" ro :::0::::0... ro "0 c (!) OJ <( d 8 .S.S 0 ._ ~ '"C ::: ;;~~~ ATTACHMENT #1. 1ii 8 .. f 5 - .;:; "E ....g .~ -ll .; 'ti,j .. Jl '7 !f 'Ii.. ~ -. c.. 6 -.:;I ti tt .- f I) DO :I 6.s .. c ~il!~ t J~ifJi_it !~'~~~1 ~~i~ ~&.. ~ ~!-~_-=~ - -=_ot~Muo~o=1 ~:~!~ ] j~~ ~lll~ Jl~=!~i~Ji~. .w c~ Do- &oJ tZI.&.~ .&:l"'g 1). 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I) <U c.. ~I' i ~ ~ ~ (.) .. - l::t g = 1::1 ~ 8 u S rn "'0 m 1::1 o 'So ~ ~ 3 o u 3 o .... o '" i::I o E2l .- ~ ~~ .9 _ "'0 <': mE ~ ~ '" I) ~ ~ 9 ,- '", "5 .E <': " 0 '" - c '" o I) 'a u ~ 3 .~ ~ 01).... !5 ~ D 'n ;SI) o;;::l .... 0 o u ~ 3 I) 0 U I) U1;j ;:l U ~.Q ;sea c 0 0- =.2 I) U "'01::1 C I) 1)00 fr<': "'01) a> ~ .......g .; ..g .;;; .~ ~~ U I) ~L:: :e ;:l I) Oc.. _ 0 <': 0 ..g U <I.l~ .::3 0 - ~ i'3 0 ........ cu _ ~ ~ ..s i: e .~ ] ~..... .. - ~~ .c::. cu .!; '" ..... I) a~ 8 .... ..: ! " :l l'l I .!l Q il ~ .a .; .., o '" on .f ::; u U III .e .3 .. .~ ~ ., -G > ." .2 :s f 'tl 6> ~ ~ '" :2 - 15~ c'" ~~ ::i::' (j,f Agenda Item NO.1 OA May 9,2006 Page 7 of 25 ATTACHMENT 12. COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FlOlida 34112 . 239-774-8383 · FAX 239-774-4010 March 8, 2006 via email Original letter mailed on March 3, 2006 to distribution list of 29 Stakeholder group leads Subj ect: Board of Collier County Commissioners Proposed Long Range Strategic Plan Recently, the Collier County Board of County Commissioners and its senior staffbegan the process of updating and redeveloping the Agency's long-range Strategic Plan. Our preliminary strategic planning process resulted in new vision and mission statements, new guiding principles (values), and a first-ever motto. The proposed plan delineates six (6) major strategic focus areas with their associated strategic goals, community outcomes, and objectives. The next step in the process involves review and feedback from key external stakeholders and customers. The Collier Regional Medical Center has been recognized as a key stakeholder in the Agency's plan. I am soliciting your organization's review and, if desired, comments on our proposed long-range Strategic Plan. We want to insure that our plan includes any major issues or concerns that you as a major stakeholder have identified. To assist you in your response, this correspondence will be followed by an email enclosing the proposed plan in word document format for distribution as you deem appropriate. Once input from all identified key stakeholder groups has been received, the updated plan will be presented to the Board of County Commissioners for final adoption in May. In order to meet this schedule, I would ask for your input no later than April 3, 2006. Your comments may be mailed to the address listed above or transmitted via email toMs.WinonaStone.AssistanttotheCountyManager.atWinonaStone@colliergov.net. Additionally, if you would like further clarification on our request, or desire a briefing or formal presentation on our proposed plan, please contact Ms. Stone at the phone number listed above to make the appropriate arrangements. I would like to express my appreciation in advance for your valued assistance in the redevelopment of the Board of County Commissioners long-range Strategic Plan. Sincerely, James V. Mudd, County Manager /wws Enclosure: Proposed Long-Range Strategic Plan <{CDL!? OON ...-0_ .N 0 o 'ex) ZO'l ,...>.~ cecCO ~2n... ec "D C QJ en <{ ATTACHMENT 13. I ! II I I i ~ ~!~ ~ ~:]> > >1 i~'~I~' I~I~ ~I I I~I~, , i i I I I I I I I I I ' I J Ij-,--f-r rjTTI~;1 I ; I ~I :~, L~ I II , I 'I I" ~ISI I I I I ~ I i,~ ~ ~I :~ I 'I I :1 I I I I I I I il ~ I ~I iJ ~ i' 'I'~~ ~IJI I~I 111 ,~:~ I I Ii I' I Ii olUI _1 '010 E E O:"~ '0: O)(/) ~.?;ol Q51 EI'Gi;:I'~ .?;o '... 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Improve Collier County's tax base by implementing public policies that encourage retention of existing businesses, recruitment of new businesses and entrepreneurship. 1. Ensure a sufficient amount of land is entitled throughout Collier County for business parks, research parks and industrial development to support Collier County's workforce population. 2. Develop competitive tax policies that encourage and support business growth. 3. Provide a fair and efficient regulatory process (permits, zoning, regulations, LDC, etc.), which streamlines the steps necessary for businesses to establish or expand in Collier County. 4. Operate an efficient, effective and professional county government with reasonable taxes, assessments and fees. B. Develop the necessary public infrastructure to support the existing businesses, and attract new businesses and entrepreneurs to Collier County. 1. Ensure an adequate supply of housing stock for Collier County's workforce at reasonable prices equal to support a variety of wage levels. 2. Provide for an adequate transportation and transit system that enables the workforce easily accessible and reasonable routes to employment centers. 3. Ensure water/sewer facilities are available to support business development. 4. Develop telecommunications infrastructure that supports high tech firms though enhanced fiber optics and wireless technology. 5. Fully develop Collier County's air transportation system to encourage and support tourism, business expansion and recruitment opportunities and international trade. 6. Provide appropriate economic incentives to ensure Collier County's competitiveness compared to regional, state, national and international markets. 7. Encourage development ofspecialized economic development zones, which promote targeted business recruitment and expansion locations throughout Collier County. 8. Partner with the EDC, Chamber of Commerce and education community to build and retain a qualified workforce that meets the needs of the businesses. 9. Possess desirable community recreational, environmental and cultural amenities to support a high quality of life. C. Through the PubliclPrivate Partnership create opportunities to support the creation of additional jobs at or above the national average wage. 1. Target specific export producer industries that bring new wealth into the local economy from sales outside the community. 2. Support programs that encourage expansion of the existing businesses. 3. Support a comprehensive marketing plan to attract new industry to Collier County. 4. Fully support and develop the Florida Tradeport as an international airport and prime industrial location. 5. Create a life science research park, partnering together the private sector, university and public sector to ensure for a comprehensive approach. Page 1 of 16 Agenda Item NO.1 OA May 9, 2006 Page 10 of 25 # 2. Greater Naples Chamber of Commerce~ Mike Reagen, President The Proposed Strategic Plan reflects considerable thought and effort. Obviously, The Chamber welcomes the opportunity to partner with Collier County Government on specific projects and to generally try to be helpful. We especially are encouraged by the tone and promise of potential partnerships. We assume these mean potential invitations to work together from the conception through resolution of efforts, not merely being asked for reactions. We believe primary among the many challenges and opportunities County Government faces is the matter of reasonably priced employee housing. The paucity of reasonably priced, differentiated housing is a daunting issue that directly undergirds and impacts each of your areas of strategic focus. To "exceed expectations" in Neighborhood Enhancement, Growth Management, Community Health & Human Services [especially for child and matemal care] Economic Development and Local Governance, the County Government must truly partner with [balancing collaboration and facilitation with regulation] the private and civic sectors. This will require different attitudes, approaches and actions. For the rest of this decade, County government will be on the precipice of opportunity. Its aggregate behavior will partially determine the tact and character of our growing, unique metropolitan area. It is vitally important that County Government work in balance with the other sectors of Collier County society. Several questions: . What is the time period the Plan is proposed to cover? What increments and proposed accomplishments are posited? . Does the County have clear, exact defmitions ofterms used in the plan? What are they? Who knows? How are you sharing this information? . With what analogous jurisdictions are we benchmarked? Who and how are we doing due diligence and benchmarking? If not, why not? . What are the data baselines against which progress will be measured? . What are the metrics for monitoring and achievement? Bottom-line: a thoughtful first draft. Thank you for the opportunity to comment. Pagel of 16 Agenda Item No. 10A May 9, 2006 Page 11 of 25 # 4. Marco Island Chamber of Commerce, Sandi Reidman, Executive Director My name is Sandi Riedemann and I am the Executive Director of the Marco Island Area Chamber of Commerce. We have distributed a copies of the Board of Collier County Commissioners Proposed Long Range Strategic Plan to our Board of Directors. I have received one comment on the V. Economic Development under C number 3. Work with community stakeholders to promote the construction of affordable housing, change affordable housing to workforce housing. The Marco Island Area Chamber of Commerce would like to be informed of any other changes to the long range plan and a copy of the final adoption of the plan. If you have any further questions, please feel free to contact me at 394-7549. Thank you # 5. East Naples Civic Association, Bob Murrav.. President Thank you for the opportunity to comment on your proposed plan, I hope what I say here is helpful to you in your quest to serve the residents of Collier. I hope, too, that you will accept my attempt at candor suggestive of an effort to help you to see and evaluate what may sometimes elude you, as you are responsible for so many activities, one could not possibly be aware of the impact of many daily events. Guidinl!: Princioles Good words; those who adhere to them are willing messengers for a state of mind that shouts, "We care!" These guiding principles can do no less than inspire those who accept the thesis of good government. Considering the problems extant as to housing and the inability to attract replacement employees, the responsibility is management's to be doubly alert to fictitious responsiveness from within the ranks, those who perceive themselves as drones in service without pride will require continued surveillance if you are to be effective. Both whispers and angry cries heard of less than satisfactory responsiveness by employees who meet the public daily can often be discounted as grumblings of the irritated, but on the telling of the "encounter story," one often sees the germ of the truth within the event. There can be no complete avoidance of behavioral misalignment to solid precepts by those who will not conform, but should there be a growing "cultural divide," it is often an outgrowth of preoccupation with "more important matters" by managers struggling with exacting details within tasks, and little time to see and to understand what their statfis actually doing. All of the good words in the world cannot reverse the hann done in those cases, and the words then are not believed by anyone. Page3 of 16 Agenda Item No. 10A May 9,2006 Page 12 of 25 Lon!! Ran!!e Strate2ic Plan Planning for Collier County's long-term is an interesting chore. Issues currently seen as at crisis level may be seen in 20 years as irrelevant at that time; yet, what is determined today for tomorrow would be seen then as failure or success by happenstance, if planning were to remain static. A review of the various intended "Community Outcomes" suggests "Objectives" are sufficiently general for long-term planning, and are within range of probability, as they appear as essentially the planning initiatives we see today as short-term. If this is intended as a restatement of goals, fine, but where are the selected initiatives that require commitment in the face of political winds that blow this way and that? All of the objectives are of merit. Some more than others deserve attention and commitment in the face of changing economic trends. Do they all have equal weight? When tackling issues such as "affordable," how does that qualify, inasmuch as that is a constantly moving target? How about the concept of abundant? If those in affordable housing have to travel 15, 20 or more miles, can they realize those recreational benefits because of the manner of allocation of recreational types? Will there be sufficient public transportation and from where to where? Will there be population centers with affordable housing density to warrant bus routes that can realistically gather those in need? Wouldn't that be against the intent of our GMP? I full-well realize that you must do all of these things, but, by analogy, the engine that drives a ship, while providing power to all stations, is nevertheless destined to focus its power in making way, and as necessary, power will be cut to ancillary use to assure the central objective. Can our county realize all of these objectives as though they are all equal? Is the tax base that large and income sufficient to achieve all of these things, every year, year after year without waver? It would seem appropriate to assign weight to them, thereby enabling the county to more effectively enlist the aid of citizen groups, the Chamber, and others in working toward the truly determined qualified goals - both for today and tomorrow. Someone in your organization once told me in a very strong way that "government sets the standards, decides where we will go and how we will get there." It would appear there is little need of advisory groups, civic associations' review or representatives of other organizations looking at the intent if that be the case. No question, your staff are the experts in their particular fields, however, in my opinion they are often over- challenged and catching-up rather than having the opportunity to be proactive. That being the case, and likely to remain that due to the way government operates, it would seem far more important to assure "outside" sources, such as advisory groups, have the chance to catch those little errors that have a way of becoming more. Maybe you sought terse comment; not my style. Hopefully, though, some of what I have said here has meaning and applicability as you seek response. Thank you, once again, for this opportunity. Page 4 of 16 Agenda Item No. 10A May 9, 2006 Page 13 of 25 # 6. Presidents Council of Greater Naples Property Owners Association, Paul Feuer. Member The Long Range Strategic Plan for the county is extremely well done and thought out. I certainly applaud Jim Mudd and his team for their effort. I only have a couple of thoughts or suggestions; 1. Column V, Economic Development, Bl-recommend that they change to "Provide a fair, efficient, and responsive regulatory process........ " Currently the process is fair and possibly efficient, however, I've been told by a number of individuals who are involved with the county that they have a major backlog in the approval permitting process that has put them months behind. Wilma hasn't helped and growth continues although not at the same rate. They need to consider cutting some of the red tape, applying logic and common sense in the approval process, as well as beefing up their staff so that they can also be "responsive" to the needs of their constituents. Actually, in some cases these delays will impede their efforts to meet some of the objectives of their strategic plan. I believe Jim Mudd is focused towards this undertaking, however, it needs to be more clearly spelled out. 2. Column V, Economic Development, B2- It seems to me that each of the infrastructures should stand alone with an independent objective. They (highways, airports,water/sewer, schools, housing) are far too important to be embraced by parenthesis. I also believe that they need to have a specific objective that talks directly to "affordable housing" rather then simply stating "work with community stakeholders to promote the construction of affordable housing." Could they consider "aggressively review and Identify County property that can be designated and zoned for the exclusive construction of affordable housing"? 3. Column N, Mobility, Should they also include an objective to encourage increased developer participation in funding and/or construction of new roads? Again these are some of my thoughts, however, overall the plan is outstanding. # 7. Golden Gate Estates Area Civic Association, Mark Teaters, President We appreciate the opportunity to participate in this process. This is definitely part of our civic responsibility. The questions/comments that have come forward are these: 1. What type of benchmarking procedures will be put in place? 2. Who will determine the baseline for each of these focus areas? 3. Is the time line for this I-year, 5, 10? 4. How are the objectives prioritized? The example used was Bike Paths or beautification vs. necessary roads. 5. Diversified tax base. Many questions about Homestead Exemption and portability of Save Our Homes 6. Work with the Community stakeholders to promote the construction of affordable! workforce housing. This is a maior issue for all of us. Also the issue if apartments being converted to Page 5 of 16 Agenda Item NO.1 OA May 9,2006 Page 14 of 25 condominiums needs to be addressed as part of this. 7. East of951 study. Would like more information on this. 8. Improve access to health care services - Concerns are growing in the community about providing these services to illegals and the cost to taxpayers. 9. The values embodied in our Civic Association mirror those in your Guiding Principles. Well done! We polled many people in the area as well as our Board of Directors on this. The above were suggestions/comments we received. We sincerely hope to be an integral part of this process as you move it forward. Thanks again for the opportunity, # 8. Collier Building Industry Association, Brenda Talbert, Executive Officer Thank you for keeping CBIA up to date on the County's plans for the future of Collier County. I will certainly be interested in any future meetings and will keep the members informed of these developments. We have been internally focused on the business of CBIA; however we are keenly interested in maintaininj!; our relationship with the County Commissioners and staff. # 9. Collier County Hotel & Lodging Association, Michael R. McMahon, Member As a member of the Board of Directors of the Collier County Hotel and Lodging Association, I would like to respond to your letter of March 3 with feedback on the Proposed Long Range Strategic Plan. Under Section V. Economic Development, the strategic goal is to help create a business climate that promotes a diversified, growing economy. The Tourism Industry also supports diversification and a strong growing economy because it helps us balance our mix of visitors between vacation and business travel and provides additional year-round demand for our facilities and services. What is missing from the objectives is any specific mention of having a healthy and prosperous tourism industry and I would like to make a few specific points in support of this proposal: 1. Tourism generates over $1 Billon in economic impact per year in Collier County. In addition to over $1 OM in bed tax to support beach renourishment and tourism marketing, the impact on sales tax and real estate taxes is significant. The Ritz-Carlton Resorts of Naples employ over 1400 people and generate an annual payroll in excess of$30M per year. Many of our employees own homes, pay property taxes and vote in Collier County. 2. Tourism is often mislabeled and misunderstood as an industry of low wage jobs. The Ritz-Carlton employs over 140 managers with wages and benefits equal to or greater than the national average. Hundreds of our non-managerial ladies and gentlemen earn in excess of $50K per year in wages. Our benefit programs add an additional 40% to each wage dollar. Our health benefits help to support the county's hospitals and medical professionals. 3. Tourism is often blamed for the area's traffic congestion and other strain on our Page 6 of 16 Agenda Item NO.1 OA May 9,2006 Page 15 of 25 infrastructure. The reality is that the supply of hotel rooms in Collier County has declined slightly in recent years. 4. The large hotels support this community and the charities of this community in many ways. As the host venue of the Naples Winter Wine Festival, our Golf Resort's contribution to the success of the event is valued in the range of $250K per year and over $IM since the inception of the event. Our investment as a sponsor of the PGA Tour's Shark Shootout exceeds $1 SOK per year. Our Beach Resort is the host venue for dozens of charity galas and balls on an annual basis. 5. While the diversification of the economy is a worthy goal, the cost of living in Collier County and the imbalance between real estate growth and infrastructure growth will make it difficult, if not impossible, to attract any new large employers to our county for the next several years. Economic growth will need to come from a healthier and more productive existing business community, which includes the Tourism industry. 6. Weare at a severe disadvantage in our tourism marketing efforts compared to our direct competitors in Lee, Palm Beach, Broward and Monroe Counties. These counties have better human and financial resources deployed to insure the long term success and prosperity of their tourism infrastructure. Thank you for allowing me the opportunity to provide feedback on your long range plan. I certainly hope the feedback proves helpful in guiding our Board of County Commissioners with the Long Range Strategic Plan. Please let me know if I can provide additional information to assist with your plan. Thank you for your letter to Mr. Michael Richardson of March 3, 2006 with regard to the Board of County Commissioner Proposed Long Range Strategic Plan. We appreciate the opportunity to be involved as this process unfolds. The draft, which was provided to us, is comprehensive in scope and laudable in content. There are three issues that we would like to bring to your attention at this time. First, under Section V. Economic Development. Subsection A. "Develop a diversified tax base that equitably distributes the property tax burden throughout the County," we wish to strongly caution the county about the dangers of some currently proposed legislation on the portability of Save Our Homes. Equitably distributing the tax base will require diligence in monitoring this issue, which could further widen a growing tax inequity. The Florida Association of REAL TORS has commissioned studies of the fiscal impacts of various scenarios and we would be happy to share this information with you. Second, in the same section Subsection C.3. "Work with community stakeholders to promote the construction of affordable housing," we are concerned that this list might imply a relative ranking. Clearly affordable housing, especially for our workforce, is critical. Finally, we would like to understand how this process will proceed. For optimal success measurable standards and timelines need to be developed for each objective. We trust that this will be art of the rocess and look forward to assistin in an wa ou ma find hel ful. Page 7 of 16 Agenda Item NO.1 OA May 9, 2006 Page 16 of 25 # 11. Physician Led Access Network of Volunteer HeaIthcare Providers, Lauren Leifer~ Executive Director Thank you for the opportunity to participate in the Board of Collier County Commissioners Proposed Long Range Strategic Plan. As I reviewed Focus Area III, relating to Community Health and Human Services, I was heartened by the identification and implementation that is necessary moving forward. PLAN, the Physician Led Access Network of Collier County believes that public/private collaboration is the overarching structure necessary and that PLAN, as the primary resource for coordinating quality healthcare for the underserved, is the core non profit agency poised to most effectively interface with county services. We continue to gather the data necessary to provide justification of fiscal economies enabling this vision and mission for our Board of County Commissioners. # 12. Collier County Medical Society, Margaret Eadington, Executive Director Thank you for sending me your Strategic Plan proposal. The Medical Society is pleased to see that the county is moving towards promoting and providing health services for the uninsured low income residents. Physicians are becoming overwhelmed with the large numbers of indigent patients and this becomes a burden to the running of their practice. If at any time the Medical Society can be of assistance to vou, please don't hesitate to contact us. # 13. NeH Healthcare System~ Allen Weiss, President I appreciate your allowing NCH Healthcare System to have input on the long range Strategic Plan for Collier County. I will focus primarily on health related issues but have also included some general observations. We do understand these suggestions need to be considered as you assess other needs along with your limited resources. Also, I will try to include some thoughts supported by examples which might not be covered by others or not "fit" neatly into anyone category. Overall suggestions: Focus on quality in whatever your organization undertakes. This requires operational efficiency (doing thing better and doing the right things) and results in fiscal responsibility. Process redesign and operations management are skills which all of your Commissioners, Directors and Supervisors should be familiar with and capable of implementing. This will require education at the college or masters degree level. In a few words, "embrace operations management." An example of operations management is the following. Having participated as a juror, I was struck by the number of people wasting either part of a day or a full day waiting in the courthouse building to be called. The number of jurors needed can be predicted with either 95% or 99.9% accuracy (two or three standard deviations) using historical data. By knowing the number of cases being tried and the mean number of jurors needed in the past with the standard deviation per case, the number of jurors being physically called in would be way less than currently and still be adequate either nineteen of twenty times (two standard deviations) or 999 times out of 1000 (three standard deviations). I did share this friendly suggestion at the time in writing but it was not pursued by the Clerk of Courts. Perhaps I did not explain the process well. Develop a list of things not to do. Review all of your organizations current activities and activity traps in order to remove those items which do not add value, are not core competencies, or are Page 8 of 16 Agenda Item No. 10A May 9, 2006 Page 17 of 25 currently being done by others in a manner better than your organization is capable of doing. Use "best practices" whenever possible along with "benchmarking." Two parking garages have been built recently in Collier County---one at the courthouse complex and the other at the North Collier Campus ofNCH Healthcare System. They are both equally functional but the courthouse complex was significantly more expensive per parking space. This is not copying a "best practice." Also in terms of best practices, encourage your employees and sheriffs vehicles to park in the upper floors allowing your customers, the taxpayers, to use the lower floors. NCH does that currently in the main campus-parking garage. Specific suggestions: Share your underutilized resources with other organizations. An example would be using your EMS helicopter for the approximately twenty transports per year out of the county for critically ill patients. Develop a cooperative plan to work with patient transportation from home to hospital, hospital to hospital, and from hospital to out of county receiving facility. Similarly assist, not resist, input from the receiving emergency rooms. Commonly during high "season" one of the three emergency roomslhospitals will be disproportionable over crowded. Assist with alacrity the level loading of the other two facilities until demand is equalized. Quite commonly, the EMS coordinator will engage in malicious obedience stating they may be guilty of EMTALA violation by driving past an over crowded ER. We all need to communicate better, particularly when stressed. Obviously, there are three sides to these stories but we are all caring for the same community. Recently, NCH has been working closely with Collier County solid waste department. Mr. Dan Rodriguez, Mr. Ken Rech and members of their staffs physically visited the waste site with members of the NCH environmental staff and me in an effort to solve the problem. This is an excellent example of everyone understanding the problem, developing a solution, and truing to be efficient with limited resources. Transiently, fines were being considered. Fines are punitive, ultimately hurt the community by wasting resources and polarize well intentioned people. This is still a work in progress as I type this letter. Develop a Federally Qualified Health Center (FQHC) to provide care for the uninsured and Medicaid populations. This is a cooperative venture with the Federal Government and can have a positive profit margin. CHSI (Collier Health Services, Inc.) is a fine example in our area that has developed without County support. Expand the enrollment for Medicaid and Healthy Kids programs. These health care insurance programs change the uninsured to the insured thus decreasing the cost of care for the "paying" or insured patient. There are estimates that ten thousand people in the Country are eligible for Medicaid but not enrolled due to artificial barriers such as language, lack of computer facility, transportation, illiteracy, etc. The same may be true for the Healthy Kids programs. Please consider developing registration assistance all over the County that is consumer friendly. Workforce hosing needs, if not solve, may permanently and irrevocable change the character of our area. I am not an expert on solutions but your tern is aware and working on this common concern. Thank you again for encouraging input from the community we all serve. You have serious challenges that you have handled well in the past. Good luck in your current planning. If I can be of further assistance, please call upon me. Page 9 of ] 6 Agenda Item No. 10A May 9, 2006 Page 18 of 25 # 15. Collier County Hungry and Homeless Coalition, Fred Richards, Executive Director Attached is my input, on behalf of the Collier Homeless Coalition, to the development of the Board of County Commissioners Long-Range Strategic Plan. Section I: Neighborhood Preservation Add to section C.2. Collaborate with local homeless service providers in adopting written plans for responding to the needs of homeless persons during emergencies, including cold weather, heat waves, tropical storms and hurricanes. Section III. Community Health Human Services Section B Increase availability of Shelter Plus Care or Supportive Housing Facilities to address needs of those with physical, mental, co-occurring and/or substance abuse disorders to fully address the recovery needs of this population. Section C / Add: 4. In collaboration with the local Homeless Coalition begin the process of development, implementation and adoption of a county-wide 10 year plan to end chronic homelessness. IN ADDITION: If possible, this input was derived from agencies that address homelessness in Immokalee, as follows: 1. Neighborhoods to encourage the development of workforce housing for a wide variety of incomes, etc. In III. Community Health under A. 3 they suggested adding language to include mental health and substance abuse. In III. Community Health C they requested clarification on the targeted income group. Page 10 of 16 Agenda Item No. 10A May 9,2006 Page 19 of 25 # 17. United Way of Collier County, Ernie Bretzmann, Executive Director Thank you so much for sharing with the United Way of Collier County, and our Agency Alliance, the Board of Collier County Commissioners Proposed Long Range Strategic Plan. While the entire plan is very important and interesting, our groups were drawn to Strategic Focus Area III, Community Health and Human Services. The Agency Alliance, which met on March 14th, had a very lively and protracted discussion regarding Strategic Focus Area III, and asked me to forward to you their unanimous endorsement of it. Especially, Community Outcome C. "Participate in community alliances and partnerships to coordinate the provision of human services." and, Objective 3. "Encourage and participate in the development of funding strategies for non-profit agencies." On March 21 st, the Board of Directors of the United Way of Collier County met and also reviewed the Proposed Plan. Our Board also voted unanimously to endorse this plan and directed me to share this endorsement with you. The United Way recently adopted a new Strategic Plan which includes the objective: "Strengthen our relationships with other community organizations which share our mission of improving collaborations and partnerships." Weare honored to have been given the opportunity to review the plan and offer comments on it. I would be happy to share our comments with members of the Board of County Commissioners or any other interested or pertinent parties. # 18. Conservancy of Southwest Florida, Nicole Ryan, Governmental Relations Mana2er Thank you for the opportunity to comment on the draft long range strategic plan for Collier County. Below are the Conservancy's thoughts. Under II. Growth Management, A. "Plan and direct desirable community growth & redevelopment through professional land use planning & comprehensive property development standards," the Conservancy suggests inclusion of another subsection under 2., to reference the efforts that Collier County will be making to design and implement Watershed Management Plans in order to protect essential resources that will factor into the planning process. Under II. Growth Management, B. "Provide adequate, timely, cost-feasible public facilities supported with reliable revenue sources," the Conservancy suggests adding a line to emphasize the need for Collier County to look not only at infrastructure and planning on a county-wide scale, but to also work closely with adjacent counties, as their growth and development will likely have an impact on Collier County. Under II. Growth Management, C. "Protect and preserve the area's natural resources, native plant and animal habitats and unique ecosystems," the Conservancy would like to again see some mention of watershed planning efforts and the interconnections between these Watershed Management Plans and protection of water resources. Page 11 of 16 Agenda Item NO.1 OA May 9, 2006 Page 20 of 25 # 19. Florida Wildlife Federation, Nanc Pa ton, Field Re resentative Thank you for the opportunity to comment on the draft Long Range Strategic Plan. 1. Where appropriate, the Long Range Strategic Plan's goals and objectives should reference Collier County's Growth Management Plan's goals and objectives. 2. Where are the definitions? For example, how long is long range, what is open space, who is a customer, what are best practices, what is a natural feature, how are stray and dangerous animals "removed," and how many is abundant? 3. Regarding II(C)5, what does "increasing the quantity and quality of conservation and environmental mitigation lands and open space" mean? Is the goal to require all mitigation, public and private, be done in Collier County? Is it reauthorizing Conservation Collier? 4. Regarding II(C)5, please consider "Protect and recover state and federally listed species." We would appreciate the opportunity to continue to be involved in the development of this document. # 21. Rookery Bay National Estuarine Research Reserve, Gary Lytton, Director On behalf of Gary Lytton, Director of Rookery Bay National Estuarine Research Reserve, thank you for the opportunity to comment on the Board of Collier County Commissioners' Proposed Long Range Strategic Plan. Attached are comments from some of our management team for your review. We look forward to being involved in the continuing development of the Strategic Management Plan. II. Growth Management B. (3) "Provide adequate, reliable potable & non-potable water supply to meet regional needs" Long-term water conservation should be the cornerstone of any water supply planning. Southwest Florida naturally experiences very wet and dry periods which may have an impact on water supplies. However, the ecology and environment of southwest Florida is well adapted to these dry and wet cycles. In the past 100 years, human development has drastically changed how natural watersheds function by altering the quality, quantity, and duration of freshwater flows to estuaries like Rookery Bay National Estuarine Research Reserve. In a rapidly growing area, diligent growth management and watershed planning is necessary so that regional water supply needs do not further impact natural systems. C. (6) "Protect & enhance the quality of beaches and coastal zones" Proper coastal zone management should consider social, economic, and ecological factors. Some coastal management actions may result in conflicting results for those factors. Care should be taken to make a distinction between different areas of the coast that may have differing management objectives, often dictated by City, County, State, or Federal regulations. For example, Rookery Bay National Estuarine Research Reserve manages 110,000 acres and approximately 40% of Collier County's coast. A management action that may be appropriate in another part of the county may not be appropriate at the Reserve. Furthennore, management actions on adjacent coastal areas may have an impact on the Reserve and its substantial natural resources. We encourage the county to take appropriate management actions that would contribute to the Page 12 of 16 Agenda Item No. 10A May 9, 2006 Page 21 of 25 economy while protecting natural resources within and outside the Reserve. 1. "Continually assess policies and governance documents to match recommended "best practices" in terms of environmental protection." This came to mind because there is a "best practices" comment under Governance on the matrix related to government structures and functions. This language, for instance, could help how we look at the current Irrigation Ordinance allowing watering 3 days per week, but turf grass research and other landscape science shows two times a week is adequate and actually creates healthy and more drought tolerant plant growth. It could also help align Mobility, Neighborhood Enhancement, Growth Management, etc. to possibly consider minimizing impervious surfaces since there are over 30 studies showing that it is a major threat to water quality. 2. Something about ecosystem-wide or watershed-wide commitment would be important. It could potentially be added to anyone of the several references to natural systems, resources, etc - could be added to several of them. For instance, 1.7. "Conservation of natural resources using strategies aligned with an ecosystem-wide approach." OR II.C. "Protect and preserve the area's natural resources, native plant and animal habitats and unique ecosystems with a commitment to a watershed-wide approach to protections." I think I need help on this one. Suggest that an ecos stem-wide a roach is a "best ractice" and commonl acce ted. Coordinate with the Collier County School Board to iointlv develop a School Concurrency program throu~h the development of a Public Schools Facilities Element consistent with state requirements and implemented bv interlocal afP'eement bv March 2008. Also, an additional suggestion is to modify the Guiding Principles statement on Collaboration as follows: ....We seek, therefore, to work cooperatively with these agencies to allocate (replace the word leverage with the word allocate) our collective resources to achieve mutual goals. Please express our thanks for the opportunity to contribute. If you have any questions please let me know. # 23. Na les Ci Council Dr. Robert Lee, Ci Mana er The draft of the Strategic Plan that you provided to us has been reviewed by City staff and members of the City Council and they believe that the strategic focus areas and related goals are very good. One suggestion was made that perhaps the objectives could be quantified more in terms of specific projects and specific timeframes. Thank you for the opportunity to comment on your draft document. Page 13 of16 Agenda Item NO.1 OA May 9,2006 Page 22 of 25 # 26. Collier County Fire Chiefs Association, Chief Rita Greenberg, Chair Attached is the CCFCA Submittal regarding the Strategic Plan - many items were incorporated into the formatted plan itself - they are underlined. Other items - submitted for questions, thought etc are noted at the bottom of the plan. This is a general consensus of the group and does not represent any 1 department in itself. These items and changes are on a Chief level and have not been authorized by the respective Board of Fire Commissioners - there may be additional comments that the Steering Committee or Individual Boards of Fire Commissioners would like to have addressed. If you have any additional questions, I will be happy to go over our thoughts with you. I. Neighborhood Preservation & Enhancement C. Develop safe & secure neighborhoods & well informed citizenry and visitors l.Provide a seamless I-integrated emergency services and Incident Management System that encompasses appropriate funding mechanisms for delivery of a safe: fire, rescue, emergency medical services, hazardous materials. BNICE. technical and confined space rescue teams. wildland frre teams. air. marine fire and medical services. fire prevention & emergency management for natural and manmade disasters that bring the latest in lifesaving techniques, reduced property loss and accountable disaster recovery 2. Continually assess community fire. medical. natural and manmade disaster prevention, preparedness and response capabilities. critical infrastructure. protection & programs to ensure that situational awareness and reasonable vulnerabilities are protected and mitigated 3.Timely identification & abatement of code violations and abatement of life safety hazards 5. Enforcement of fire safety building construction codes II. Growth Management B. Provide adequate, timely, cost-feasible public facilities supported with reliable revenue sources 7. Create a countYWide integrated critical facility needs map inclusive of all emer~encv services facilities future needs 8. Integrate into a fastrack approval of all critical facilities inclusive of all emergency services III. Community Health and Human Services C. Participate in community alliances and partnerships to coordinate the provision of human sefVIces 4. Create a proactive community health coalition to address long range health care issues 5. Develop a long range Pre-hospital medical care plan with alternate methods of care to reduce emergency services impact In addition to the notations incorporated in the document that are underlined, there are a few other questions that we would like clarified, identified etc., they are as follows: Section I - neighborhood preservation and enhancement - The statements underneath elude to 1 entity - there are currently several different fire districts in the County - is this plan on the premise of those districts consolidating or is it designed as we exist today. Also under item 4 in the same section - the opticom light system (to assist in traffic flow and emergency vehicles (or another brand) might be incorporated into this item. Page 14 of16 Agenda Item NO.1 OA May 9,2006 Page 23 of 25 Section II - Growth Management - In this section we would like to see some commitment to the LDC and essential services fast tracking options. As the County continues to grow and needs arise for service - it is ineffective to plan for new facilities in long range planning when rezoning for essential services takes up to 18 months and pemitting as well. We understand this issue is currently being addressed, but would like to see it as part of the Strategic Plan Section III - Community Health and Human Services - we feel there needs to be an educational segment in this section to infonn the public as to when to utilize the ER, 9-1-1, etc. Again as the growth continues we are having difficulty providing timely service in the ER and patients who could utilize a GP are utilizing ER physicians. This also exacerbates the demand on Ambulance service. Section IV - Mobility - again we would like to see some mention of traffic flow systems (such as Opticom) for emergency responders to allow a safer path oftraveI. Section V - Economic Development - concerns regarding cost of living, affordable housing and competitive wages and budgets supporting them were addressed - it seems to be covered within the items listed Section VI - Local Governance - the question arose as to "who" would be responsible for item 7 - all entities affected or strictly County Government? # 28. Bayshore/Gateway community Redevelopment Agency, David Jackson, Executive Director The Collier CRA Local Advisory Board appreciates the opportunity to review and comment on the County's Long-Range Strategic Plan. After thorough review we are extremely happy that essential components detailed in the CRA Master Plan are addressed as Collier County objectives in five of the six Strategic Focus Areas. We plan to refer to the Collier County Strategic Plan as we establish CRA objectives and priorities to accomplish the Master Plan goals. # 29. Immokalee Local Redevelopment Advisory Board, Fred Thomas, Jr.~ Chairman The lmmokalee Master Plan & Visioning Committee and the Immokalee Community Redevelopment Agency Advisory Committee recommend the following revisions be made to the county's long-range Strategic Plan: 1. Create a new item LA.l.: "Insure high quality and dependable education, law enforcement and emergency response services by increasing the levels of trust, understanding and knowledge between service providers and the citizenry by integrating the providers of these services into the fabric of the citizenry in a localized way by insuring the availability of affordable housing for members of the workforce in all areas of the countv." Page 15 of 16 Agenda Item No. 10A May 9, 2006 Page 25 of 25 ATTACHMENT #5. Strategic Plan Staff Answen to Stakeholden Questions Q.1. What is the time period the Plan is proposed to cover? Is this I-year, 5, 1O? A.l. Tbe Plan covers a 10 year time frame. Staff bas ideDtified three major types of issues facing tbe COUDty: Strategic Issues which will take 1 to 10 years to overeome, OperatioDal Issues which will take 1 to 5 years to fax, and Tactical Issues which can be addressed iD 1 to 2 years. Q.2. What increments and proposed accomplishments are posited? A.2. These have not been fuUy developed as yet. Staff will contiDue workiDg on assigDing time liDes aDd measures over the Dext year. Q.3. Does the County have clear, exact definitions of terms used in the plan (long range, open space, who is a customer, what are best practices, what is a natural feature) What are they? Who knows? How are you sharing this information? A.3. Staff'is working OD definiDg tbe tenos refereoeed iD tbe plaD. ODce fiDaIized aDd approved by the Board, they wiD be shared witb the previously ideDtified Stakebolder Groups aDd tbe public. Q.4. With what analogous jurisdictions are we benchmarked? Who and how are we doing due diligence and benchmarking? If not, why not? What type of benchmarking procedures will be put in place? A.4. For badget comparisoD purposes we currently beDchmark with Cbarlotte, Lee, MaDatee, MarioD aDd Sarasota COUDties. For operational aDd performance comparisons, we participate iD the International City/County Management AssociatioDs' CeDter for Performance MeasuremeDt (lCMA CPM), as well as the recently created Florida BeDcbmarkiDg Consortium, wbicb curreDtIy has a membership of over 30 Florida city and COUDty jurisdictions. Staff is also iD tbe process of creatiDg aD OperatioDs ManagemeDt Tracking System, which will ultimately be linked with our other automated systems. Q.5. What are the data baselines against which progress will be measured? Who will detennine the baseline for each of the focus areas? What are the metrics for monitoring and achievement? A.s. Staff'is iD tbe process of establishing baselines and metries for monitoring and reporting progress in accomplisbing our goals. Q.6. How are the objectives prioritized (I.e. bike paths or beautification vs. necessary roads)? Objectives, do they have equal weight? Can our County realize all of these objectives as though they are all equal? A.6. Tbe community outcomes aud objectives listed in the PIaD are not listed in auy specific order. As yet tbe objectives have not beeD rauked or prioritized. StaffwiU be workiDg on prioritization after tbe Board has approved the Plan. It should be noted that this is tbe Board of COUDty CommissioDers aDd Agency's PIaD. While every effort was made to iDcorporate objectives that affect the whole community, iDcluding Dumerous Stakebolder Groups, it is duly Doted that tbe Board has no actual jurisdictioD over such eDtities. It is the Boards desire to govern in a coUaborative enviroument. Agenda Item No. 10S May 9, 2006 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to award Bid Number 06-3957 for underground utility supplies to Mainline Supply Company, Ferguson Enterprises, Incorporated, Corcel Corporation, A & L Plumbing & Septic Supplies, Incorporated and Hughes Supply Company in the anticipated amount of $2,500,000. OBJECTIVE: To obtain Board approval of the award of the annual bid for underground utility supplies. CONSIDERA TIONS: A. Public Purpose: The parts to be purchased through Bid No. 06-3957 will be utilized in the operation and maintenance of both the Water and Wastewater Department infrastructure and facilities. B. Scope: The scope of this bid includes parts used in the maintenance and operation of the water distribution and wastewater collection systems. The bid also includes parts used in the two Regional Water Treatment Plants, two Water Reclamation Plants, and the Irrigation Quality Water system. C. Legal. Purchasing. and/or Finance Department Guidance: The Purchasing Department has been involved in the development of the bid package and approves of the award to the lowest responsive bidder as noted below. - D. Procurement: Bid #06-3957 was posted on February 16, 2006 and five bid packages were received. The requirement to provide National Sanitation Foundation (NSF) Standard 61 certification for all parts that will be used in the public water supply system, as required by Florida Administrative Code (FAC) 62-555.320 (3) b, was defined in the bid package. NSF Standard 6] certification ensures that parts that come into contact with water for human consumption meet certain requirements, including content for lead. Several vendors quoted parts that were not NSF Standard 61 certified, and therefore their bids were rejected. Attachment A outlines the different categories of parts to be procured through this bid and the lowest responsive bidder for each category. Every effort was made to bid all underground supplies necessary for the day-to-day operation of the Water-Sewer District. Bid 06-3957 included approximately 500 separate underground utility parts as individual line items. However, due to the dynamic nature of the work done by the Water and Wastewater Departments, it is occasionally necessary to purchase items not specifically priced under this bid. Staff is requesting approval by the Board of County Commissioners for each Department to purchase up to $25,000 per cost center annually from Ferguson Enterprises, Hughes Supply Company, and Mainline Corporation for generically related underground utility supplies under this bid. Item costing more than $2,000 individually will be quoted. This authority was previously granted as part of the underground supplies Annual Contract 02-3402, approved by the Board of County Commissioners in 2002. - Executive Summary Approve Contract 05-3756 Page 2 Agenda Item NO.1 OB May 9, 2006 Page 2 of 22 FISCAL IMPACT: Funds in the estimated amount of $2,500,000.00 are available in the individual Water and Wastewater cost centers in the County Water/Sewer Operating Fund (408). Actual expenditures will vary depending on the amount of parts required to maintain the District- operated facilities. The source of funds is Water and Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. RECOMMENDA TIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, award Bid Number 06-3957 to Mainline Supply Company, Ferguson Underground Supplies, Corcel Corporation, A & L Plumbing & Septic Supplies, Incorporated and Hughes Supply Company. PREPARED BY: Pamela Libby, Water Operations Manager .- Agenda Item NO.1 08 May 9, 2006 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10B Meeting Date: Recommendation to award Bid Number 06-3957 for underground utility supplies to Mainline Supply Co Ferguson Enterprises, Inc, Corcel Co. A&L Plumbing & Septic Supplies, Inc and Hughes Supply Co in the anticipated amount of $2,500,000. (Jim DeLony, Administrator, Public Utilities) 5/9/2006 9:00:00 AM Prepared By Pamela Libby Water Operations Manager Date Public Utilities Water 4/12/2006 11: 30: 18 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4/12/2006 11 :30 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4/12/20064:29 PM Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 4/13/2006 10:46 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/13/20064:44 PM Approved By G. George Yilmaz Interim WasteWater Director Date Public Utilities WasteWater 4/14/20061 :59 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/18/2006 2:28 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/18/20064:22 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/24/2006 11 :35 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/2006 6:47 AM Approved By Agenda Item No. 108 May 9,2006 Page 4 of 22 Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/2612006 2:54 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 412712006 8:27 AM Approved By Leo E. OChs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/2812006 3:51 PM ..;t:},CD N ~g~ "0 .r3l ~ ~ i a.l OJ <( CD >-0 .00 .oN ::JcD E~ ~ ~ 0 .... r--. 0 OJ Lt) .... Lt) OJ 0 en r--. M .... OJ N (0 'it 'it 'it 00 00 0 .... 00 00 OJ Lt) r--. (0 00 Lt) (0 'it 00 'it M Lt) 0 0 0 OJ I'-: N M r--. (0 0 ~ (0 <.C! II) M M M Lt) .... OJ 0 OJ OJ 0 Lt) N .... Lt) M ~ 'it . N Lt) ~ M r--. 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N C") en ...... ... - ... !- ~ o Q: o I- " o Co) ... ~ e ~ OJ ~~~ ~ 'Qj 0 != :rl U ~'l ~ Q., '" 11 Q. 2 .~ s.g-::> ~~~ L() ~ '0 L() ~ QJ OJ co a.. c: o .~ E ] c: :5 .~ ~ > =:; ~ ~] '" ~ tr. on "~ ~~ Agenda Item ~ 1m3 May\r,6~O()6 Page 20 of 22 Underground Utilities Supplies Bid # Manufacturer Mfr. Part # Distributor's # DESCRIPTION UNIT COST GROUP 'A' .... .............. .,.. . ... .i.. . >... Adapter 2" Brass Thread to Pack Joint ..,. Adapter 1-/12" Brass Thread to Pack Joint Adapter 1" Brass Thread to Pack Joint Adapter 3/4" Brass Thread to Pack Joint Adapter #24 1" x 3/4" Adapter #23 3/4" x 3/4" Adapter 3/4" Ford C87-33 MIP-PJ for PVC Adapter 1" Ford C87-44 MIP-PJ for PVC Adapter 1-1/2" Ford C87-66 MIP-PJ for PVC Adapter 2" Ford C87-77 MIP-PJ for PVC iTOTAL COST- GROUP 'A' I GROUP 'A1. Ball Valve Curbstop 3/4" PJ x 3/4" Meter Nut Ball Brass Ball Valve curbstop 1" PJ x 3/4" Meter Nut Ball Brass ! , Ball Valve Curbstop 1" PJ x 1" Meter Nut Ball Brass Ball Valve Curbstop 1-1/2" PJ x 1-1/2" Female IPT Brass I Ball Valve Curbstop 2" PJ x 2" Female IPT Brass Ball Valve Curbstop 2" IPT x 2" Female IPT Brass i Ball Valve Curbstop 3/4" (Re-use Water) , Ball Valve Curbstop 1" (Re-use Water) Ball Valve Curbstop 1-1/2" (Re-use Water) Ball Valve Curbstop 2" (Re-use Water) I I jCorporation Stop (Ball Corp) 1" Brass Corporation Stop (Ball Corp) 3/4" I TOTAL COST - GROUP 'A1' Fl8arbara/SpreadsheetslUnderground Util Sup - Addnl. B,dSheet - Page 16 Under!!round Utilities Supplies Bid # Agenda Item NO.1 DB May 9, 2006 Page 21 of 22 GROUP DESCRIPTION GROUP A Brass Adapters GROUP Al Brass Adapters, Corporation Stop, Repair Couplings GROUP B Brass Bushings, fittings and nipples GROUP C Check Valves - single, dual GROUP D Full Circle Clamps GROUP Dl Couplings (Muller or Smith-Blair only) GROUP E Elbows with accessory kits GROUP El Reducers with accessory kits GROUPF Gaskets, inserts, T -Bolts GROUP G Gate Valves with accessory kits GROUP G 1 Air Release Valves & Butterfly Valves GROUP H Mega Lugs C900 and D.L GROUP I Meter and Valve Boxes and Lids GROUPJ C900 DR 14 & 18, C905 DR 25, D.L Class 51 Pipe GROUP J 1 Pipe Grade 316, Rod Couplings GROUP J2 Plugs Sewer Pipe Wing Nut and Plug Valve (Dezurik only) GROUP J3 Test Balls, Air Hoses, Cleanouts GROUP J4 Rubber Couplings (Fernco or equal) GROUP K All Schedule 40 PVC Pipe & Fittings 3" and above GROUP Kl All Schedule 80 PVC Pipe & Fittings 3" and above GROUP K2 All Schedule SDR35 PVC Pipe & Fittings 3" and above GROUP L Saddles GROUP M Sleeve with accessory kits GROUP N Poly Tubing GROUP 0 Glands, Uniflanges, Flange GROUP P Wyes & Tees with accessory kits GROUP Q Accessory kits & Rods GROUP R Hooks, Probes, Flags, Tape & Markers GROUPS Kamlocks GROUP T Air Release Housing GROUP Tl Eclipse Sample Station F:lBarbaralSpreadsheelsl UnderUtilSup - Tally Sheet 17 LoWeSt Kesponslve It lOW oloaer not selectea reason Group Description Bidder for alternate selection Mainline Corporation was low bidder but could not supply NSF 61 certified Group A Adapters Hughes Supply parts. Mainline Corporation was low bidder but could not supply NSF 61 certified Group A 1 Ball valves, corporation stops, couplings Hughes Supply parts. Group B Copper fittings, bushings, elbows, nipples, plugs Ferguson Enterprises Corcel was low bidder but could not Group C Check valves Ferguson Enterprises supply NSF certified parts. Group D Redi-clamps, clamps Ferguson Enterprises Group D1 Hy Max Couplings Ferguson Enterprises Group E Elbows Ferguson Enterprises Group E1 Reducers Ferguson Enterprises Group F Gaskets and t-bolts Ferguson Enterprises Group G Gate Valves Ferguson Enterprises Group G1 Butterfly valves and air release valves Ferguson Enterprises Group H Mega lugs Mainline Corporation Group I Meter boxes and valves boxes Ferguson Enterprises Group J PVC pipe Ferguson Enterprises Group J1 Pipe Grade 316, rod couplings Ferguson Enterprises Group J2 Sewer pipe and plug valves Ferguson Enterprises Group J3 Test balls, air hose, cleanouts Ferguson Enterprises Group J4 Rubber couplings Mainline Corporation Hughes Supply and Ferguson Enterprises - Group K Schedule 40 pvc pipe and fittings 3" and above tied Group K1 Schedule 80 pvc pipe and fittings 3" and above Ferguson Enterprises Group K2 SDR-26 PVC pipe and fittings 3" and above Ferguson Enterprises Group K3 CPVC pipe - 1/2" and above Ferguson Enterprises Group L Saddles Ferguson Enterprises Group M Sleeves Ferguson Enterprises A & L Plumbing & Septic Group N Tubing Supplies, Inc. Group 0 Uniflanges Mainline Corporation Group P Wyes and tees Ferguson Enterprises Group Q Accessory kits Mainline Corporation Group R Underground tools, flags, and markers Ferguson Enterprises Group S Kamlocks Ferguson Enterprises Group T Air release housings and eclipse sample stations Ferguson Enterprises Group T1 Stainless steel parts Ferguson Enterprises ATTACHMENT A UNDERGROUND UTILITIES SUPPLIES BID 06-3957 Agenda Item No. 10B May 9, 2006 Page 22 of 22 Agenda Item No.1 OC May 9, 2006 Page 1 of 14 EXECUTIVE SUMMARY Receive and approve the Progress Report for the Year 2005, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan. OBJECTIVE: To provide the Board of County Commissioners with the first annual progress report on the Collier County Floodplain Management Plan which was developed as a requirement of the County's participation in the Community Rating System of the National Flood Insurance Program. CONSIDERATIONS: Collier County is a voluntary participant in the Community Rating System (CRS) of the National Flood Insurance Program. Because there are more than ten (10) properties in the County that have filed multiple flood insurance claims within any ten-year period, thus establishing them as Repetitive Loss Properties, the County is required to develop and maintain a Floodplain Management Plan. The purpose of a Floodplain Management Plan is to promote awareness of floodplain and flooding issues, identify known flood hazards, discuss past flooding events, assess the current floodplain/flooding problems, and set goals along with a strategy to make the community more resistant to flooding. One key component is to address ways to mitigate the Repetitive Loss Properties so they no longer are susceptible to flooding from the I-percent annual chance storm event. .""..- Collier County is currently rated as a Class 7 community in the CRS program. This rating provides up to 15% discount on the premium rates charged to flood insurance policy holders. As a Class 7 community, the County is required to annually provide a progress report on the accomplishments of goals in the Floodplain Management Plan. At least every five (5) years, the Floodplain Management Plan must be updated. For Collier County, the Floodplain Management plan was developed as a portion of the adopted Hazard Mitigation Plan. Therefore, the attached "Progress Report for the Year 2005, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan" (hereafter referenced as REPORT) includes all of the goals of the Hazard Mitigation Plan, but only addresses the goals related to the Floodplain Management Plan. The REPORT contains six (6) recommendations for action to be accomplished in 2006. 1. Repetitive Loss Properties 2. Floodplain Management Compared to Stormwater Management 3. Establishment ofa Floodplain Management Planning Committee 4. Evacuation Planning 5. Reduce the Vulnerability of Critical and Public Facilities 6. Protect Fresh/Saltwater Wetlands and Coastal Dune Systems Staff is seeking direction from the Board of County Commissioners for each of these recommendations, noting that during a workshop on March 20, 2006, the Board provided direction for recommendation number five (5) and staff is working on the ordinance changes __ necessary to complete it. Based upon the direction provided to staff, documents to establish proposed program changes, regulations, resolutions, or other methods to make Collier County Executive Summary Agenda Item NO.1 OC May 9,2006 Page 2 of 14 Page 2 more resistant to flooding will be developed by staff and brought back to the Board of County Commissioners for approval. FISCAL IMPACT: None, to receive and approve the REPORT. Should future fiscal impact be proposed based upon any new program changes, regulations, resolutions or other methods, that fiscal impact information will be provided at the time the Board receives the follow-up documentation. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners 1. Receive and approve the "Progress Report for the Year 2005, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan"; and 2. Provide the County Manager, or his designee, with direction on accomplishing the six (6) recommendations for 2006. Prepared by: Robert C. Wiley, P.E., C.F.M., Principal Project Manager Engineering Services Department, CDES Division .- Agenda Item NO.1 OC May 9,2006 Page 3 of 14 PROGRESS REPORT FOR THE YEAR 2005 COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN SECTION 7 OF THE COLLIER COUNTY HAZARD MITIGATION PLAN APRIL 2006 INTRODUCTION The Collier County Hazard Mitigation Plan was prepared in late 2004 and adopted by the Board of County Commissioners on December 14,2004. A copy of the adopting resolution (No. 04- 390) is included as Attachment A to this report. Included within the Hazard Mitigation Plan was the County's Floodplain Management Plan which was developed to comply with requirements of the Community Rating System of the National Flood Insurance Program. The Community Rating System (CRS) requires the County to annually develop and present a status report on the progress made to goals and objectives of the Floodplain Management Plan. This status report is then submitted as a part of the subsequent year's CRS annual recertification documentation. The many goals and objectives of the Hazard Mitigation Plan are listed below from Section 3 of the document, but this status report will only address those goals and objectives that deal with floodplain management issues. GOALS AND THEIR PROGRESS STATUS GOAL 1 -- Collier County shall make every reasonable effort to reduce the vulnerability and exposure of its residents and guests by protecting lives and property from the effects of natural, man made and technological disasters. Objective 1.1: Maximize the protection of the public's health, safety and welfare from natural, man made and technological disasters. [Collier County is currently working with the City of Naples and the Federal Emergency Management Agency to complete the detailed hydrologic/hydraulic engineering and mapping necessary to develop new flood maps that incorporate rising water (rainfall induced) flooding as well as the coastal surge flooding. Additionally, the County is an active participant in the Community Rating System of the National Flood Insurance Program to make the community more flood resistant.] Objective 1.2: Reduce the potential loss of personal and public property caused by natural, man made and technological disasters. [County staff continues to work with the Federal Emergency Management Agency, the South Florida Water Management District, and the City of Naples to develop new and improved Flood Insurance Rate Maps and the accompanying Flood Insurance Study as part of a Community Technical Partners partnership agreement.] Objective 1.2.1: Collier County shall make every effort to reduce the number of repetitive loss properties within its boundary. [County staff is currently working with one repetitive loss property owner to demolish the Agenda Item NO.1 OC May 9, 2006 Page 4 of 14 structure and rebuild, thus removing it from the repetitive loss listing. ) Objective 1.2.1.1: Acquire the repetitive loss properties through funding structured for such purposes. [No progress.) Objective 1.2.1.2: Elevate the repetitive loss properties through financial incentive programs that are developed for such purposes. [County staff has provided information to several repetitive loss property owners on what they need to do to apply for inclusion on the approved Hazard Mitigation Projects listing, thus making them eligible for possible federal funding assistance for elevating their houses above the base flood elevation.) Objective 1.3: Protect natural resources (such as environmentally sensitive lands and aquifers) in order to maximize their survivability and to safeguard them from damages caused by natural, man made or technological disasters. [Not applicable to floodplain management issues.) Objective 1.4: Ensure that Collier County's Land Development Code and Ordinances are sufficient to protect public safety and property. [County staff is working on developing additional higher regulatory criteria to the Flood Damage Prevention Ordinance to make development in Collier County more resistant to flood damage.) Objective 1.5: Develop and maintain evacuation plans for the safe evacuation of residents from coastal storm surges, inland flooding, terrorist acts, hazardous material incidents and wild land fires. [The proposed study to update the County's evacuation plan was delayed in 2005 due to a very active hurricane season. It is anticipated that the update will be performed beginning in the spring of 2006 and completed in the winter of 2006. Representatives from the Emergency Management Department and the Transportation Division will be participating in the review of this update.) Objective 1.6: Protect dune systems and coastal/marine resources from the adverse effects of coastal development. [The County applies the criteria within the Land Development Code (LDC) that addresses proposed development along the beach and dune system. Beachfront development is regulated by the provision of the LDC and Growth Management Plan that restricts activities along the County's Coastal Construction Setback Line.) Objective 1.7: Ensure that mitigation measures are adequately addressed in the comprehensive system of coordinated planning, management and land acquisition. [The Community Development and Environmental Services Division is responsible for development and updating the County's Growth Management Plan, reviewing development applications for compliance with Agenda Item NO.1 OC May 9, 2006 Page 5 of 14 the Land Development Code, issuance and inspection of building permits, oversight of the protection of natural resources, and other areas of development and natural resources management. Coordination among the various departments helps ensure that there is a comprehensive effort to incorporate floodplain management mitigation measures into development requests and County environmentally sensitive land acquisition efforts. Additionally, the County's requirement that all state and federal agency permits be obtained prior to any site improvements helps to ensure compliance with state and federal regulations.] Objective 1.8: Encourage land and water uses which are compatible with the protection of environmentally sensitive lands and coastal resources. [The Growth Management Plan specifies a priority of development within the Coastal Area setting a priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses. This is codified in the Land Development Code Section 3.03.00 Coastal Zone Management Section. Additionally, for all coastal permits, site plans and variances, there are requirements for replanting any portion of the dune which is void of native vegetation.] Objective 1.9: Prohibit development and other activities which disturb coastal dune systems, and promote the restoration of dune systems that have been damaged. [The County applies the criteria within the Land Development Code (LDC) that addresses proposed development along the beach and dune system. Beachfront development is regulated by the provision of the LDC and Growth Management Plan that restricts activities along the County's Coastal Construction Setback Line and is further addressed in the Section 3.03.06, Native Vegetation Retention on Coastal Barriers in the LDC.] GOAL 2 - The Collier County Emergency Management Department will take a pro-active role in ensuring intra-governmental coordination within Collier County Government and inter-governmental coordination with other government agencies in order to enhance hazard mitigation planning activities. [This goal and objectives do not need to be addressed by the Floodplain Management Plan progress report.] Objective 2.1: Coordinate state and federal disaster training programs with all government agencies in Collier County. Objective 2.2: Coordinate the essential flow of information before, during and after a disaster. Objective 2.3: Encourage cooperation and participation of all public and private agencies in mitigation planning. Agenda Item No.1 OC May 9,2006 Page 6 of 14 Objective 2.4: Ensure that the Collier County Hazard Mitigation Annex to the Comprehensive Emergency Management Plan incorporates appropriate mitigation measures as reflected in each agency's Emergency Support Function Annex or Standard Operating Procedures. Objective 2.5: Adopt and use the National Incident Management System (NIMS) of Incident Command and the Florida Incident Command System for disaster management. GOAL 3 - Reduce the vulnerability of critical and public facilities from the effects of terrorism, natural, man made and technological disasters. Objective 3.1: Consider designing and installing wind and/or water proofing components and target hardening for all proposed government owned critical facilities. [The plans being developed for the new County Emergency Operations Center and the South County Regional Library both include elevation of the facilities for increased flood protection. Additionally, the Vanderbilt Beach Parking Facility includes flood protection measures for the operator's building. ) Objective 3.2: Develop and maintain energy, communications and preparedness plans that will be both practical and effective during periods of disrupted energy and communication events. [Not applicable to floodplain management issues.) Objective 3.3: Incorporate hazard mitigation measures such as wind/flood proofing and target hardening during any rehabilitation of existing public facilities. [The County's "on annual contract" architectural firm is looking at adding flood proofing and other possible flood protection measures to the County's Vertical Construction Standards for public buildings.) GOAL 4 - Strengthen Post-Disaster, Recovery and Mitigation Plans. This goal and objectives do not need to be addressed by the Floodplain Management Plan progress report. Objective 4.1: Analyze, review and update Collier County Post-Disaster, Recovery, and Mitigation Plans and Ordinances. Objective 4.2: Work with other federal, state and local government agencies to strengthen post-disaster, recovery, mitigation plans and ordinances. Objective 4.3: Work with other federal, state and local government agencies in post disaster recovery establishing contracts to facilitate timely restoration of public and private infrastructure. GOAL 5 - Improve coordination of disaster preparedness information through the broadcast and print media to increase public awareness and participation in preparedness, response, recovery and mitigation activities. [The ""Flood Protection News" is a newsletter Agenda Item No. 10C May 9, 2006 Page 7 of 14 publication that has been developed by the County to periodically present useful information on floodplain and flood insurance issues.] Objective 5.1: Develop and maintain a comprehensive multi-media, multi-lingual public education program of disaster preparedness, response, recovery and mitigation. Objective 5.2: Conduct educational programs and research to meet local, state, regional planning, growth management and hazard mitigation needs or concerns. Objective 5.3: Work with media representatives to establish a standardized format for use in dissemination of information to the media during all phases of a disaster. Objective 5.4: Develop and maintain intergovernmental/coordinated information and uniform procedures for public information offices during periods of potential disaster situations. GOAL 6 - Collier County shall make every reasonable effort to protect water resources, unique natural habitats and ecologically sensitive areas such as wetlands and hardwood hammocks, and restore, to the maximum extent possible, degraded natural systems to their original state. [The County requires that 25% of native vegetation shall be set aside for preservation for Residential and Mixed Use developments greater than 2.5 acres within the Coastal Zone. This provides a level of protection for the higher more rare coastal vegetative communities as well as storm protection. The County's Conservation Collier Land Acquisition program is actively pursuing the acquisition of environmentally sensitive lands. To date, the program has spent $37.2 million to acquire 400 acres of environmentally sensitive lands.] Objective 6.1: Conserve and protect wetlands and coastal natural features to maintain their economic, aesthetic and recreational values. Objective 6.2: Acquire, retain, manage and inventory public lands to provide conservation and related public benefits. Objective 6.3: Promote the use of agricultural and horticultural practices which are compatible with the protection of natural systems. Objective 6.4: Protect and restore the ecological functions of wetland systems to ensure their long-term environmental, economic and recreational values. Objective 6.5: Protect and enhance water sources, public utilities, wetlands, and natural habitats from potential natural, man made and terrorist acts. RECOMMENDATIONS Agenda Item No. 10C May 9, 2006 Page 8 of 14 Repetitive Loss Properties - Floodplain management involves actions to make a community more resistant to flood damage. Objectives 1.2.1, 1.2.1.1, and 1.2.1.2 address repetitive loss properties within the National Flood Insurance Program. In 2005 there were twenty-eight (28) properties in unincorporated Collier County identified as repetitive loss properties. The County needs to develop a sufficiently funded program to either purchase repetitive loss properties or provide financial assistance and guidance to owners who are willing to elevate their buildings. Should the County choose to purchase repetitive loss properties, the future uses for County purposes will vary. Some lots are situated to be able to provide needed temporary storm water storage and treatment. Some lots are waterfront on saltwater canals. Some lots would be better utilized for rebuilding at the appropriate base flood elevation. The current total value of the repetitive Joss properties, as obtained from the files of the County Property Appraiser's web site, is $28,138,588. Of that listed value, $20.6 million of it comes from one property that is located within Enchanting Shores, an owner co-operative of 365 owners. In lieu of purchasing all the repetitive loss properties, the County may be better served by establishing a program (e.g. zero interest or very low interest loan) of funding assistance for those OVvTlers desiring to elevate their homes, but lacking the financial capability to qualify for federal funding assistance (typically a 25% owner/75% federal funding grant). Floodplain Mana~ement Compared to Stormwater Management - The County is currently working with FEMA to develop new and improved floodplain mapping. This floodplain mapping is used extensively in regulating new development and redevelopment. However, there continues to be a separation in the County's effort to manage the floodplain by having various departments, divisions, and agencies responsible for different segments of the stormwater/floodplain issue. While each entity is working diligently to meet their identified objectives, there is a lack of cohesion in the implementation of a total program that seamlessly merges the private development and public storm water facilities. This matter is noticeably evident when problems arise. Serious consideration should be given to establishing a central organization that can provide uniform, focused direction on the planning, mapping, permitting, design, construction, and maintenance of storm water and floodplain management issues for the County. Establishment of a Floodplain Management Planning Committee - The original Floodplain Management Plan was developed by planning and engineering staff within the Community Development and Environmental Services Division. The Plan was then reviewed and approved by the Local Mitigation Strategy (LMS) Workgroup as a part of the development of the Collier County Hazard Mitigation Plan. Membership in the LMS Workgroup is voluntary and consists of staff from various County departments, local fire districts, state agencies and citizens. To achieve maximum effectiveness in the development of mandatory updates to the Floodplain Management Plan, the Community Rating System program recommends that an official planning committee be established by formal resolution of the local governing body. Membership should include representatives from: · Building Review and Permitting Department · Department of Zoning and Land Use · Comprehensive Planning Department · Emergency Management/Public Safety Agenda Item NO.1 DC May 9,2006 Page 9 of 14 . Environmental Services Department . Engineering Services Department . Public Utilities Division . Public Information . Stormwater Management Department . Transportation Division Since the City of Naples relies upon the County's Floodplain Management Plan to fulfill their community's requirement, it is suggested that they also be offered a seat on this committee. It may also be appropriate to include a seat or two for members of the general public, provided that they are not connected in any way to the local building and development industry. Evacuation Planning - During the meetings of the Coastal High Hazard Study Committee, appointed by Gov. Bush in 2005, the Florida ~ivision of Emergency Management (FDEM) identified many coastal counties with high evacuation times. Collier County was identified as having an evacuation time of greater than eighteen (18) hours for a Category 3 hurricane SLOSH zone. SLOSH is the acronym for the Sea, Lake, and Overland Surges from Hurricanes computer storm analysis model that is used to map the maximum surge impact zones for various categories of hurricanes using a "maximum of maximums" approach. The goal of the FOEM is to achieve an evacuation time of twelve (12) hours or less for coastal counties. According to the Collier County Emergency Management Department, , In Collier County the current planning base and reference in the Comprehensive Emergency Management Plan and the approved Mitigation Plan is the 2001 Hurricane Evacuation Studv by the Southwest Florida Regional Planning Council. That is the official document of record and is referenced accordingly. Those evacuation studies have been typically funded by the State, FEMA and sometimes by the US Army Corps of Engineers. However, FEMA and the State have not funded any re- study or update since 2001. Currently there are no plans for any federal or state re-study that we are aware of, hence the Emergency Management Department made the request for an updated study funded with Collier County General Funds. The project/ update study was delayed last year because of the storms, and a delay in FEMA's report on behavior studies (a key component within the study) that was also neededfor us to conduct the re- study without the commitment of a HUGE budget for soft data. With that background, the Emergency Management Department has engaged the firm of Dewberry, Inc. who will kick-off an updated re-study efforts in mid April. It is expected that the re-study will be completed by December 2006. We have members Transportation and other key players scheduled to participate in the kick-off meeting where issues will be finely tuned based on the current but limited, scope of work. This small study project is not a restudy of the Gulf basin and revised SLOSH models (Sea, Lake and Overland Surges from Hurricanes). That will or should be a state or federal study effort which will be significant to Collier County when our new LIDAR data is Agenda Item No. 10C May 9, 2006 Page 10 of 14 added.. That is a big project and down the road. The Emergency Management Department expects it will affect some of the County's evacuation modeling in about 4-6 years. This Collier County Hurricane Evacuation Re-study will not include any significant traffic modeling due to budgetmy constraints, but it will help us gain some general knowledge on traffic patterns, signage, and evacuation decision timing and possibly refinement of evacuation zones. These are items that are within the County's control, and sufficient for local laws and ordinances, codes, etc., as well as the County's National Flood Insurance Program participation and Community Rating System efforts. This Collier County Hurricane Evacuation Re-study effort, primarily drivenfor hurricanes, will give us enough information for the technology available. All County senior staff should know and understand that evacuation planning methodology is going through some changes. Not all of Collier County has to evacuate as has been the previous mindset if you read benveen the lines in other land use documents, Protective action strategies, as we now refer to them, will be the base of our planning by placing citizens and residents out of the danger of rising and moving water and shelter us in-place for wind. Other hazards, such as fire or hazardous materials spills, etc. will have short range, short-lived evacuations 1vith associated shelter-in-place methodologies. Reduce the Vulnerability of Critical and Public Facilities - When a major flooding event occurs, a major effort of focus, by the local government, is the continued provision of emergency services for law enforcement, fire, medical, shelter, potable water, and treatment of wastewater. As such, these services, and their related physical facilities are identified as critical facilities. It is important that the facilities for these services be protected from flooding by elevating them above the anticipated flood level, or providing competent floodproofing techniques and materials for existing facilities that are already constructed below the anticipated flood level. Goal 3 and its objectives identified the County's position on providing adequate flood protection to critical public facilities. The County should complete the proposed revisions to the County's Vertical Construction Standards for public buildings to incorporate elevation, flood proofing, and other flood damage prevention/reduction standards with the stated goal of providing these standards to at least the 0.2 percent annual chance storm event (500-year) for all critical facilities. Protect Fresh/Saltwater Wetlands and Coastal Dune Systems - The saltwater wetlands and coastal dune systems form the initial protection against the destructive forces of storm surge and violent wave action. The beaches fronting the dunes provide nesting areas for sea turtles along with dissipation of wave energy. To ensure that the saltwater wetlands and coastal dune systems are able to provide a continual storm buffering capacity, the County may want to consider developing regulations to prohibit new development seaward of the Coastal Construction Setback Line (CCSL), defining allowable re-development activities when existing development incurs substantial damage or is proposed for substantial improvement (as these terms are defined by Collier County ordinance), and proactively establishing criteria for allowable types of Agenda Item No, 10C May 9, 2006 Page 11 of 14 emergency protection for existing developed properties along the coastline should there be an occurrence of severe beach and dune erosion from a storm event that threatens the safety of the existing development. There is discussion, at the state level, for establishing similar regulations based upon the Coastal Construction Control Line (CCCL), a line far more restrictive than the County's CCSL. As such, the County may want to also consider that criteria. Freshwater wetlands provide a significant portion of the floodplain storage volume. The County should consider various alternatives to protect the floodplain storage volume, including the continuity of flow through sloughs and flowway areas. The alternatives could address both regulations for limiting development and public acquisition and/or management. Agenda Item NO.1 OC May 9, 2006 Page 12of14 ATTACHMENT A Collier County Hazard Mitigation Plan Adoption Resolution RESOLUTlOI'i NO. 04 - ~Cln A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING AND ADOPTING A UNIFIED HAZARD MmGATION PLAN. WHEREAS. the Federal Emergency Management Agency and the Florida Department of Community Affairs have made funds available for a statewide Mitigation Sttateg}'; and WHEREAS, Collier County entered into an Agreement with the State of Florida Depanmcnt of Community Affairs on July 29, 2003, to develop a county-wide Mitigation Plan; and WHEREAS, the Collier County Comprehensive Plan in Policy 12.2.1., provides for routine the review and update of the County's Hazard Mitigation procedures; and WHEREAS, post-disaster funding will be received more quickly by pre- identifying mitigation projects; and WHEREAS, communities with an approved hazard mitigation plan will be entitled to receive Hazard Mitigation Grant Program, Pre-Disaster Mitigation Grant Program, &. Flood Mitigation Assistance Grant Program funding; and WHEREAS, substantial savings will be realized because the costs of mitigation are less than the costs ofrecovc::ry and rebuilding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUJ'll'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Hazard Mitigation Plan attached as Exhibit "A," is hereby approved and adopted by reference. This Resolutivn adopted after motion, second, and majority vote in favor of adoption this ]4l1l day of December, 2004. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUl'fIT, FLORIDA By: L e:I~ DONNA FIALA, CHAIRMAN Assistant County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No.1 OC May 9, 2006 Page 13 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C Receive and approve the Progress Report for the Year 2005, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 5/9/2006 9:00:00 AM Prepared By Robert C. Wiley. P.E. Community Development & Environmental Services Prinicipal Project Manager Date Approved By CDES Engineering Services 4117120061 :32:36 PM Thomas E. Kuck. P ,E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering Services 4117/20062:54 PM Approved By Eugene Calvert Transportations Services Principal Project Manager Transportation Engineering and Construction Management Date Approved By 4124/20064:31 PM Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 4/25/200610:37 AM Bill Hammond Community Development & Environmental Services Director Date Building Review and Permitting 4/25/200610:42 AM Approved By Robert C. Wiley, P.E. Community Development & Environmental Services Prinicipal Project Manager Date Approved By CDES Engineering Services 41251200612:49 PM Dan E. Summers County Manager's Office Bureau of Emergency Services Director Date Bureau of Emergency Services 4125120064:36 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4126/2006 5:05 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/2712006 9:53 AM Agenda Item No.1 DC May 9.2006 Page 14 of 14 Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/2006 3:00 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/20062:51 PM Agenda Item NO.1 00 May 9, 2006 Page 1 of 19 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners consider the alternatives for conducting hearings on, and making final decisions for, variances and specified administrative review matters, and holding hearings and making recommendations on conditional uses. OBJECTIVE: To inform the Board of County Commissioners (Board or BCC) of the options for protecting the community through enforcement of the Land Development Code (LDC) and the enhancement of public participation in land use petition-related hearings on, and making final decisions for, variances and specified administrative review matters, and if deemed acceptable by the Board, holding hearings and making recommendations on conditional uses. CONSIDERATIONS: During the regular meeting of the Board of County Commissioners held on March 28, 2006, at the conclusion ofItem 7B, a petition requesting a variance from the required lO-foot rear setback for a pool screen enclosure, the Board, after discussing various options for dealing with the growing number of hearings dealing with variances and conditional uses, directed staff along with the County Attorney, to report back to the Board with a recommendation as to how to proceed with implementing the Hearing Examiner (HEX) concept in Collier County. Specifically, as summarized by the County Manager, "... what I plan to do is come back to the Board with what kind of things you want the hearing examiner to do, so I can define that before we go out for an advertisement and selection committee and come back to the Board and see what the Board wants to do with the selection committee. And with that, then I'll march on to do the Board's desire on the Hearing Examiner and try to get that done." Subsequently, at the April ]], 2006 BCC meeting, during Item 15, Staff and Commission General Communications, the Board asked the County Manager to bring back options for using the Collier County Planning Commission to hear cases involving petitions for variances and/or conditional uses. In order to provide the Board with a comprehensive review of all applicable options, below is a brief analysis of three options. I. Hearing Examiner Background on the Development and Approval of the Hearing Examiner Position. On October 24,2000, the concept of the Hearing Examiner program for quasi-judicial Land Use Hearings was first introduced to the Board of County Commissioners during its scheduled meeting under the County Manager's Report. The objective of the discussion was to consider the pros and cons of implementing a hearing examiner program within Collier County. The Hearing Examiner process, if implemented, would provide greater opportunities for the Board and various advisory committees, particularly the Collier County Planning Commission (CCPC) and the Environmental Advisory Council (EAC), to devote more time to policy matters as they relate to growth management, land use, development standards and environmental protection Page 2 Agenda Item No.1 00 May 9, 2006 Page 2 of 19 measures. Staff identified an initial operating cost of approximately $212,000 and a one-time start up cost of approximately $42,000 for rent and the necessary office equipment for the program. Staff recommended and by unanimous vote the Board directed staff to: a. Draft the necessary amendments to the Collier County Special Act and to coordinate with Collier County Legislative Delegation to initiate legislative action to amend that Act as necessary to provide for implementation of the hearing examiner process. b. Prepare an ordinance creating the Collier County Hearing Examiner Program, to be timed as necessary with the amendments to the Special Act, the Collier County Growth Management Plan and Land Development Code. c. Include within the enabling hearing examiner ordinance, a prohibition on ex-parte communication for quasi-judicial hearing matters with the hearing examiner. d. Include within the enabling hearing examiner ordinance, a prohibition on ex-parte communication for quasi-judicial hearing matters with the Board. e. Establish a procedure that designates the Board of Zoning Appeals (BZA) as the final approval authority for all rezoning requests (including PUD rezones) and all conditional uses, with an initial recommendation being prepared by the hearing examiner. f. Establish the Hearing Examiner as the final authority on all other less broad-reaching quasi-judicial land use petitions, such as variances, with appeals from those decisions going directly to the circuit court, or BZA. g. Review and revise the roles of the EAC and CCPC, specifically expanding their respective roles to proactively review and advise the BCC on legislative and policy matters related to natural resource protection policies and gro\\1h management goals, policies, and objectives, and land development regulations. h. Target the implementation of the Hearing Examiner Program for June 200 I. At the May 30, 2001 Spring Cycle 2001 Land Development Code Hearings, the Collier County Planning Commission approved, by unanimous vote, the recommendation to amend the Land Development Code, thereby adopting the concept of the Hearing Examiner with the one stipulation that in variance petitions or other petitions where the HEX makes the final decision, the Board of County Commissioners, with the approval of two commissioners, may chose to "take jurisdiction" of a case in an appeal and review the Hearing Examiner's decision rather than sending the case to Circuit Court. On June 26, 2001, during the Spring Cycle 200 I Land Development Code (LDC) adoption hearing, the Board of County Commissioners, as recommended by the Collier County Planning Commission, approved Ordinance No. 01-34 to adopt the position of the Hearing Examiner (HEX) and to amend the portions of the LDC establishing the position of the Hearing Examiner and codifYing the provisions of the LDC empowering the Hearing Examiner to rule on land-use issues such as variances and formulate recommendations to the Board of County Commissioners on conditional use applications. In addition, the ordinance re-assigned existing responsibilities and duties of the Collier County Planning Commission, the Environmental Advisory Council, the Board of Zoning Appeals and the Board of County Commissioners and established duties for the Page 3 Agenda Item No. 10D May 9,2006 Page 3 of 19 Hearing Examiner and the Board of County Commissioners. These amendments have since been rescinded and removed from the LDC during the recodification of the Land Development Code in 2004. (See attached extract noting Division 5.5 HEARING EXAMINER from the previous version of the Collier County Land Development Code) As an adjunct to that amendment, the Board further supported that decision by funding a full- time position for the Hearing Examiner during its meeting of November 13,2001. Two options were presented to the Board. Option one was to contract for the services using a private sector land-use attorney who would work on a part-time basis. The second option was to hire a full time Hearing Examiner employed as a County employee. In a vote of 4/0 the Board of County Commissioners approved the concept of creating the position of the Hearing Examiner. It was deemed to be in the community's benefit to establish a full-time hearing examiner who would be able to better understand the County's regulations and assist the community as the program grew. The Hearing Examiner's duties, as outlined in the LDC, were subsequently developed to primarily include holding hearings on, and making final decisions for, variances and specified administrative review matters, and holding hearings and making recommendations on conditional uses. The Board indicated that prior to adding zoning cases (PUD's etc.) to the Examiner's authority for review, it wanted to familiarize the community with the new system and wanted the opportunity to have a comprehensive review of zoning-based issues in the Land Development Code. As indicated at the BCC's June 26, 2001 LDC Hearing, the Hearing Examiner would report directly to the Board under a contract approved by the Board. At the January 22, 2002 Board of County Commissioners Meeting, the Board approved in a 5/0 vote, Resolution No. 2002-51 establishing the Hearing Examiner Advisory Committee to assist with the hiring of the Hearing Examiner for Collier County. The Hearing Examiner position was identified to be a full time position whose duties would include final review of variances and recommendations on conditional uses. The principle purpose of the Hearing Examiner Advisory Committee was to assist the Board and the County Manager in determining an appropriate candidate for the position. The committee was empowered to establish candidate review criteria, interview qualified applicants and rank the recommended candidates to the County Commission for final interview and appointment. The membership of the Committee was comprised of the following: One member of the Collier County Planning Commission One member of the Development Services Advisory Committee One member of the Environmental Advisory Committee One staff member appointed by the County Manager Three "At Large" members with one member having personnel recruiting experience. At the conclusion of this agenda item, the Board again confirmed that the Hearing Examiner's duties as outlined in the approved, but not yet effective LDC provisions, would include final review of variances and recommendations on conditional uses. Then Assistant County Manager, Jim Mudd, was appointed by the County Manager as the staff member responsible for initiating the selection process and finalizing the advertising for the position. It was anticipated at the time that the hiring process would take approximately six months. Page 4 Agenda Item No. 10D May 9,2006 Page 4 of 19 On June 17, 2002, during the LDC Workshop with the Board of County Commissioners, the Board discussed the "Role of the Hearing Examiner." Staff again reviewed the purpose and intent of the Hearing Examiner and reaffirmed that the HEX would initially make the final decision with respect to the variance process, most of the lesser land use petitions, and several administrative matters. In matters involving conditional uses, non-conforming uses and rezonings, the hearing examiner's role would be one of a recommending body in lieu of the Planning Commission, with the BCC having the final decision. Lastly, at the December, 3, 2002 BCC meeting, as Item lOB, County Manager Jim Mudd presented a proposal for the BCC to select and appoint from the list of the three finalists, the Collier County Hearing Examiner, to serve a valid public purpose in providing for the administration of zoning, land use and code enforcement. It was at this meeting that the BCC by a vote of 4 to 0 terminated the search and directed staff not to proceed with the concept of using a Hearing Examiner in Collier County. 2. Board of Adjustments Through amendment of the LDC, the Board could establish a Board of Adjustments to serve in the same capacity as the Hearing Examiner. Formation and staffing of this Board would be governed by the existing ordinances; duties, responsibilities, powers and authority would be codified by amendment to the Land Development Code. 3. Empowering the Collier County Planning Commission (CCPC) with the respective authority Through amendment of the LDC, the Board .could empower the Collier County Planning Commission to serve in the capacity of the Board of Adjustments in order to render final decision on the same type of issues being considered to be delegated to a Hearing Examiner. The CCPC currently acts as the final order authority for all boat dock extensions and boat house petitions, and for all insubstantial changes to master plans for a PUD. The Special Act, Chapter 67-1246, codified as Chapter 250 of the Collier Code of Laws and Ordinances. In general, the Special Act (which was adopted before the home rule provisions of the 1968 Florida Constitution) has pertained to zoning and planning in Collier County and historically defined certain duties, powers and responsibilities of certain boards that regulate that zoning. Regardless of which option the Board chooses, if the Board directs the power to render final decisions for variances to a Hearing Examiner or to some form of a Board of Adjustments, staff recommends amending the Special Act to clarify procedures, powers and authorities of the respective boards or entities. Appeals. Staff recommends that any appeal of the final decision of anyone of the bodies listed above or the hearing examiner, be taken directly to the Circuit Court. Page 5 Agenda Item No. 10D May 9, 2006 Page 5 of 19 As background to aid in the Board's deliberation, staff conducted a brief analysis of the most common public hearing processes (including variances and conditional uses) the hearing of variances and conditional uses in 10 counties across the state of Florida. County Procedure Zoning Board of Zoning Planning Hearing Board of Board of Director Adjustments Board or Commission Examiner or County Zoning Zoning Officer Commissioners Appeals Commission Alachua " ? c- , .. ... ..... .... , .. '. Admin Decision Appeal Variance Variance Report Decision Conditional Report Decisi on Use GMP Amend Report Recommend Decision LDC Amend Report Recommend Decision Rezoning Report Recommend Decision ColJier .'.h...., .... ... ,. I,.;. \,h'< h' ,.' ". h,', .'. .........' ... .. .,"'. :.... .. .... " Admin Decision Appeal Variance Variance Report Recommend Decision Conditional Report Recommend Decision ..- Use GMP Amend Report Recommend Decision LDC Amend Report Recommend Decision Rezoning Report Recommend Decision Escambia ...... '..' .. .... , .. Admin Decision Appeal Variance Variance Report Decision Conditional Report Decision Use GMP Amend Report Decision Recommend Appeal LDC Amend Report Decision Recommend Rezoning Report Decision Recommend Lake ... .,. ...... ... . ... , .... ... . ...... Admin Decision Appeal Variance Variance Report Decision Conditional Report Recommend Decision Use GMP Amend Report Recommend Decision LDC Amend Report Recommend Decision Rezoning Report Recommend Decision Agenda Item NO.1 00 May 9, 2006 Page 6 of 19 Page 6 Procedure Zoning Board of Zoning Planning Hearing Board of Board of Director Adjustments Board or Commission Examiner or County Zoning Zoning Offi cer Commissioners Appeals Commission Lee Admin Decision Appeal Variance Variance Report Decision Conditional Report Decision Use GMP Amend Decision Recommend LDC Amend Decision Recommend Rezoning Decision Recommend Manatee Admin Decision Appeal Variance Variance Report Decision Conditional Report Decision Use GMP Amend Report Recommend Decision LDC Amend Report Recommend Decision Rezoning Report Recommend Decision Marion Admin Decision Appeal Variance Variance Report Decision Conditional Report Recommend Decision Use GMP Amend Report Recommend Decision LDC Amend Report Recommend Decision (LDR) Rezoning Report Recommend Decision Osceola Admin Decision Appeal Variance Variance Report Decision Conditional Report Decision Use GMP Amend Report Recommend Decision LDC Amend Report Recommend Decision Rezoning Report Recommend Decision Sarasota Admin Decision Appeal Variance Variance Report Decision Conditional Report Recommend Decision Use GMP Amend Report Recommend Decision Page 7 Agenda Item No. 10D May 9, 2006 Page 7 of 19 Procedure Zoning Board of Zoning Planning Hearing Board of Board of Director Adjustments Board or Commission Examiner or County Zoning Zoning Officer Commissioners Appeals Commission Sarasota LDC Amend Report Recommend Decision continued Rezoning Report Recommend Decision Seminole Admin Decision Appeal Variance Variance Report Decision Conditional Report Decision Use GMP Amend Report Recommend Decision LDC Amend Report Recommend Decision Rezoning Report Recommend Decision Eight of the ten surveyed use some form of a Board of Adjustment for final approval authority on variances; five of the ten use a BONBZA for final approval authority on conditional uses and three of the ten use a BZAlBOA for final approval on GMP amendments, LDC amendments and rezomngs. Two of the ten use a HEX for final approval on variances and conditional uses and three of the ten use the BOCC for final approval of conditional uses. None of the municipalities except for Collier have the BOCC sitting also as the BZA. They are all separate organizations with defined roles and responsibilities and are appointed by the BOCC (see total number of Counties who use various boards or hearing examiners for recommendations or final approvals). Procedure # Counties where PC BZA/BOA BZA/BOA HEX HEX BOCC Other the Plan. Comm. Approves Recommends Approves Recommends Approves Approves (Notes) (PC) Recommends Variance I (Collier) 0 0 8 0 2 0 Conditional 2 0 1 5 0 2 3 1 (Zoning Use Comm. Recomm) GMP Amend 10 0 0 3 0 0 7 LDC Amend 9 0 0 3 0 0 7 1 (Zoning Comm. Recomm) Rezoning 6 0 0 3 2 0 7 2 (Zoning Comm. Recomm. Agenda Item NO.1 00 May 9,2006 Page 8 of 19 Page 8 GROWTH MANAGEMENT IMP ACT: This request is consistent with enforcement of all elements ofthe Growth Management Plan. FISCAL IMP ACT: Land use petition and development services application fees could fund all activities associated with the review of variances, conditional uses, and specified administrative matters, including staff time and all hearing costs. Hearing Examiner. It is estimated that a part time hearing examiner would cost at least $30,000.00 ($250/hour times 8 hours/day times approximately 10 to 15 variance cases per year (an additional 15 to 20 cases if the HEX is the final decision authority for conditional uses as well)) based upon the anticipated workload. It is estimated that with a full time hearing examiner, with an assistant, total burden for salary, leave, benefits, etc. would cost approximately $185,000 annually. However, all costs would be deemed a considerable savings in cost of staff time alone associated with continuing to hear such petitions before the BCC. As such, staff does not anticipate any need to raise fees to fund the hearing examiner position considering the associated savings in staff and processing time related to the current process for staffing petitions for public hearing before both the BCC and CCPC. Board of Adjustment. fiscal impacts associated with the formation of the Board of Adjustments are deemed minimal having only to do v.~th the costs of the administrative actions associated with advertisement, recruitment, and selection of board members. Staff would budget an initial start up cost of approximately $20,000.00 to cover recommended training and certification and associated travel expenses of the appointees. Collier County Planning Commission. Fiscal costs associated with deferring associated duties to the now existing CCPC are negligible in relation to the existing budget in that the duties are now being performed by the CCPC in its capacity as the local planning authority making recommendations to the BCC on land use issues. Savings in staff time and associated costs would be realized with not having to bring such petitions to the Board for final decision. LEGAL CONSIDERATIONS: consideration and approval. The proposed action is legally sufficient for Board RECOMMENDATION: That the Board of County Commissioners (Board) direct the County Manager to proceed with the recruitment and hiring, either by contract or by offer of employment, a Hearing Examiner for Collier County. If this is deemed not the preferred option by the Board, that the Board provide direction on how to proceed v.~th developing a process for ho lding public hearings on, and making final decisions related to, public petitions for variances, and making recommendations on conditional uses. Prepared By: Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division Item Number: Item Summary: Meeting Date: Agenda Item NO.1 OD May 9, 2006 Page 9 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 100 Recommendation that the Board of County Commissioners consider the alternatives for conducting hearings on. and making final decisions for, variances and specified administrative review matters, and holding hearings and making recommendations on conditional uses. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 5/9/2006 9:00:00 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 5/1/200612:33 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/1/2006 1 :48 PM Approved By Marjorie M. Student-Stirling County Attorney Assistant County Attorney Date County Attorney Office 5/1/20064:02 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 5/2/2006 1 :43 PM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/2/20066:13 PM . : ~.- Agenda Item NO.1 00 May 9, 2006 Page 10 of 19 ..--"'- ~ Code: COLLIER COUNTY, FLORIDA CLASSIFICA TION SPECIFICATION CLASSIFICATION TITLE: CIllEF HEARING EXAMINER PURPOSE OF CLASSIFICA nON The purpose of this classification is to provide for the administration of a ZoninglLand Use and Code Enforcement Chief Hearing Examiner position. POLICYIPROCEDURE The Chief Hearing Examiner shall have those powers and duties enumerated in the Collier County Land Development Code and other applicable County ordinances. The Chief Hearing Examiner shall be hired solely and exclusively by the Board in the same manner as the County Manager is hired, and shall serve at the pleasure of the Board. The Chief Hearing Examiner may be removed at any time. with or without cause. by an absolute majority of the Board. Because of the judicial nature of the position. the Chief Hearing Examiner shall report directly to the Board and shall not be subject to the administration or supervision of the County Manager. The Chief Hearing Examiner and members of the department are hereby specifically exempted from the supervisory and employment provisions of Collier County. ESSENTIAL FUNCI'lONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classif'acation. Other duties may be required and assigned. The senior Hearing Examiner shall be designated the Chief Hearing Examiner. The Chief Hearing Examiner shall be responsible for the day-to-day administration of the Hearing Examiner Department, and shall have all rights. benefits. privileges. and authority held by the County Manager with respect to internal administration of the Hearing Examiner Department. The Chief Hearing Examiner shall consult, as necessary. with the Board and shall represent and act for the Hearing Examiner Department in connection with any County activities and functions. The authority of the Chief Hearing Examiner is specifically limited to administration of the Hearing Examiner Department, liaison and coordination with other Collier County Government departments, divisions. and agencies. and creating and operating a random scheduling system. It is the specific intent of the Board that, following an initial training and familiarization period not to exceed 180 days, the Chief Hearing Examiner shall be capable of hearing, and shall hear. all types of cases which the Hearing Examiner Department is authorized to hear. The Chief Hearing Examiner Department shall be adequately staffed to carry out any duties assigned or designated by the Board. The Chief Hearing Examiner. following consultation with and the advice of the Collier County Employee Services Department, shall have the right to create, reclassify. and fill. for the Hearing Examiner Department, positions which are the equivalent of any position found in the Collier County Classification and Pay Plan, subject to the constraints of the budget of the Hearing Examiner Department. C DMG-MAXIMUS, INe. Pqe 1 Last Revised: July, 2001 .. ,-.;,;:-., .... ~ " - Agenda Item No.1 00 May 9, 2006 Page 11 of 19 , Collier County, Florida · Executive Secretary 90007 MINIMUM QUALIFICATIONS The Chief Hearing Examiner shall possess sufficient experience and expertise to carry out the duties of the position. The Chief Hearing Examiner shall exhibit demonstrated ability in the areas of local land use law and zoning, comprehensive planning, code enforcement, judicial and administrative procedures, and knowledge of the rules of evidence. The Chief Hearing Examiner shall be licensed to practice law in either a state or a branch of the federal court licensed to practice law in either a state or a branch of the federal court system and shall hold a law degree from an A.B.A. accredited law school. PERFORMANCE APTITUDES Data Utillzatioq: Requires the ability to review, classify, categorize, prioritize. and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project, program, or designated area of responsibility. Eouioment. Machine". Tools. and Materials Utfll7.Atio9: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aotitude: verb Mathematical Aotitude: Requires the ability to perform addition. subtraction, multiplication. and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasonin2: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written. oral. diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasonin2: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of infonnation against sensory. judgmental. or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE PhvsicaJ AbUitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensorv Reouirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. EuvirolllDeotal Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an EqUiJI OpportUnity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qUiJlified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. <0 DMG-MAXlMuS.INC. Page 2 Last Revised: July. 2001 ...~Cl.No..~3i> . AN O,,~~QRDJIl1j;NcsNIJM8IQC. 91..102. . AS >A.....,'IDJ~>..TIIB COWEitOOmrrY ..liAND p~~>COD&" WHlt.lI . INCLUDIS. TIlE COMPuHENSlVit > zONING ...REGULATlONS, FOR THE UNINCO~~RA~A~Or. COl.UU COUNTY, PLORIDA, BY PROVIDINqT01t: SECTION ()N.'I, RECITALS: SECTION TWO,J'lNDIHGSOF FACT: SEC1'I()NTBREE. AOOFl'ION OF AMENDMENTS TO. 'l1$ LAND DJM:LOPMENT CODE, MOllE SPEClIl1CALLYAMENDlNG THB JIOLLOWlNG: ARTICLE J.... GENERAL " ~1l0VlSIONS, DIVJSlQN 1Jl. NONCONFORMJTIES; DIV1S1ON 1.1,. AMENDMltNTS TO . THIS CODE; Altl1CL& 2,. ZONING, DMSJON 1.2.. ZONING DISTRICI'S, PERMlT',l'EDUSES, CONDmONAL, USES, DIMENSIONAL STANDARDs, DIVISlON 2.3. OFF-sTREET PARKING AND U)ADING; DIVISISON 1.4 LANDSCAPING AND BUFFERING. DIVISION 1.5. SlGNS; DMSION 14. SUPPLEMENTAL DJSTR1C1'llEGULA nONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDVRES; DIVISION us. ARCRITECT11ItAL AND SITE DESIGN STANDARDS AND GUlDEI.dNES PORa(>MMEltCIAt BlJILDINGS AND PROJECTS; ARTICI.E J; DIVISION :u. SUBD1V1SIONSi DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.S EXCAVATION; DIVlSION 3.8 ENVIItONM1tMTAL IMPAcr STATEMENTS (EIS); DIVISION :u VEGEI'ATlON REMOVAl., PROTECTION AND pUSERVATlON; DIVISION 3.13- COASTALCONSTiwCl10N SE'l'BACK LINE VARIANCE; DIVISION 3.14. VEHItt.E ON TIlE BRACH lUtGULATlONS; ARTICLE!, DIVISION 5.1 BOARD OF COUNTY coMMISSIONERS; DIVISION !.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD nlVISION' 5.5 IlEARING EXAMINER; DIVISION 5.13 I!:NVIRONMENTAL ADVISORY <':OUNCIL; ARTlf,:LE " . DIVISION u.. DEFINITIONS, INClAJDING, BUT'" HOT ~. i1 UMITED 1'0 TIlE DEIi'INlTIONS OJ! DESTINATION RESORT f'" - 'sO'1"ELS, PARTICIPANT, JISI (POlJNDS PER SQlJAB JNCIl). ~~ ~. " RlGHT-oF.WAY. STRuC'l'UllE. UNAt1l'BOIUZED ~~ N - COMM1JNlCATION AND YARDS; ADDING APPENDIX G. ~= ..., r- . STANDAIW BEACH EVENT PEIlMIT CONDlTlONS; SItC1'lON ~~ !;. m FOUR. CONFLICT AND SEVEBABILlTY; SECTION 'FIVE" btn "!1 0 INCLUSION IN THE COILI1tIl COUNTY .LA.ND ~ <<::) DEveLOPMENT CODE; AND SECI10N SIX, EFlI'ECTIVE~'" ..... DATKS. WHBREAS, OIl Qc:tober 30. 1991, the Collier Couaty BaIrd of Colm1y CommiasioDea lIdopted ()rdiIIalIce No. 91-102. the Collier County Lend DeYelopaMW Code (hereInafter LDC).. which..bas been subseqUeOll)' ammdedi and WHEREAS, the we may DOt tJe.lII1eIIded men tb8n two dmcI in eIlCb calendar year panuant'to Soction 1.19.1., L.DC; and WHEREAS. thllll theil_amendment to tbcJ..DC. Ordinarlce91-102. for the &:a1eIIdar)'Clll' 2001; and WHBRBAS, on Marob 18, 1997,tbeBoard ofCow1ty Commiaioum adopted Rcaotution 97.177 establishing local ECqUiremmus and procedun:a for ameading the LDC; aDd WHEREAS. all rcqu~ of ResoIutiOIl97-177bavc bocln met; aDd Words ~ek tRraug\l are deleted, words underlined are added. 1 Agenda Item NO.1 00 May 9,2006 Page 13 of 19 5.3.3.2. Appointment. The board of county commissioners may appoint a board or boards of zoning appeals for its planning area or areas, or may act as such board or boards of zoning appeals itself. Boards of zoning appeals shall have not less than five nor more than ten members. Not more than two members of a board of zoning appeals may be members of a planning commission. Sec. 5.3.7. Stalt The eeRlHu:tfti15' ae'leleJlHleat olanning services division shall be the professional staff of the board of adjustment. Sec. 5.3.8. Quorum and voting. No meeting of the board of zoning appeals shall be called to order, nor may any business be transacted by the board of zoning appeals without a quorum consisting of at least three members of the board of zoning appeals being present. All actions shall require a simple majority of the members of the board of zoning appeals then present and voting e1leeflt fer eeasitieaal wes, "Naish FetJl:lire feHF afJifMBti"/8 "/stes. Sec. 5.3.10. Operating procedures. 5.3.10.1. The board of zoning appeals may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. 5.3.10.2. All meetings and hearings of the board of atijliStRleHt zonimz aooeals shall be open to the public. 5.3.10.3. Public hearings shall be set for a time certain. DIVISION 5.5. HEARING EXAMlNF.~ Sec. 5.5.1. Office established. Sec. 5.5.2. Appointment: Qualifications. Sec. 5.5.3. Fund in!!. The board of county commissioners shall establish the office of the hearine: examiner and aopropriatelv budlZet such office annuallv. Sec. 5.5.4 Conduct of meetinl!S: reports and records. 5.5.4.1. Rules 0 rocedure. The board ofcoun commiss'on rs shall ado t rules or transaction ofhearin!! examiner business and the hearin!! examiner shall conduct all reauired hearin!!s or meetin!!s oursUant to the orovisions of apolicable regulations and administrative codes of the board of co un tv commissioners. Words BINole t!-.f9l1g1l are deleted, words underlined are added, 54 ___0,"_"'__"" 5.5.4.2. 5.5.4.3. 5.5.4.4. 5.5.4.5. 5.5.4.6. Sec. 5.5.5. 5.5.5.1. 5.5.5.1.1. 5.5.5.1.2. 5.5.5.1.3. 5.5.5.2. Agenda Item No, 100 May 9, 2006 Page 14 of 19 Particioation before hearinf! examiner. At a public hearing before the hearing examiner. all oersons will be heard as participants. However. the hearing examiner has the right to refuse to hear testimony which is irrelevant. repetitive. defamatory. or sourious. and to establish reasonable time limits on testimony. Reoorts of decisions, After a public hearinl!: is held. the hearing examiner shall make a written reoort of his decision in accordance with the rulcs and procedures set forth in this Code and any apolicable administrative code. and orovide a coov of the reoort of decision to all parties of record. including oarticipants. appropriate county staff. including the county attorney and the county manal!:er. and the Board of County Commissioners. Records. ill The hearin!! examiner shall provide for a court reoorter at all proceedincs. At a minimum. a summary of testimonies shall be provided in the reoort of decision itself or as a seoarate document in addition thereto. Complete transcriots of the entire record shall be provided on Iv at an apoellant's reauest. and the aooellant shall bear the costs thereof. ill The hearinl!: examiner shall keeo indexed records of all meetings. 8!!endas. findings. determinations. and reoorts of decision. Such records shall be public records. Attendance at hearinf!s, The hearin!! examiner mav reauest staff members with personal knowledge of relevant facts to attend hearinl!:s and produce relevant documents. and shall advise the county man8!!er of any failure to complv with his req uests. Functions and authority. Action on administrative matters: Administrative recommendations. hearinf! examiner decisions, After staff review and written recommendation on an administrative application directed bv a specific provision of this Code to be decided bv the hearinl!: examiner. a written final decision wiII be rendered bv the hearin\! examiner within thirtY (30) dayS of such meeting. In reachinl!: his or her decision. the hearing examiner must consider: 1. the criteria for the type of aoplication bein!! reauested. in particular. those factors set forth in the recommendation of staff: 2. testimonv from the aoplicant: and 3. testimony from any members of the public. Administrative aovea/s. hearinf! examiner decisions, After staff or the planning services director's review and determination on those administrative aoolications which do not otherwise require a public hearing. but bv soecific provision of this Code mav proceed directly to the hearing examiner for review on apoeal. will result in final decision bv the hearimz examiner within thirtY (0) days. Judicial review. Judicial review of final decisions of the hearing examiner with resoect to administrative matters are to the circuit court in accordance with sec. 5.5.6. Variances. Words stRIal, threygR are deleted, words underlined are added, 55 5.5.5.2.1 . 5.5.5.2.2. 5.5.5.2.3. 5.5.5.2.4. 5.5.5.2.5. 5.5.5.3. 5.5.5.3.1. 5.5.5.3.2. Agenda Item No. 100 May 9, 2006 Page 15 of 19 Function. The hearin,. examiner will hear and decide ail requests for variances from the terms of the re!!ulations or restrictions of the zoninlZ code and such other codes or ordinances as may be assi2ned to him bv the Board of County ommissioners. exce t that no use variance ma be heard or considered. amin ider' a. the criteria for the tvoe of variance being requested. in particular those set forth in section 2.7.5, .l2. Staff recommendations: ~ Testimonv from the aoolicant: anq .d.. Testimony from the Dublic, Findimzs, Before grantinl! any variance. the hearing examiner must make a findin!! with respect to each of the criteria set forth in sec. 2.7.5.6. Authority. !. The earin examiner has the aUthori to t den or modi an , reauest for a variance from the relZUlations or restrictions of this Code as soecificallv set forth in sec. 2.7.5. I. I.: Drovided. however. that no use variance as defined in this code. or any variance from definitions or procedures set forth in this Code. may be !!ranted. .l2. In reachinll his decision. the hearimz examiner has the authoritv to attach conditions and reauirements necessary for the orotection of the health. safety. comfort. convenience and welfare of the l!:cneraJ DubHc. The conditions or reauirements must be reasonably related to the variance reauested and como"" to the reauirements of sec. 2.7.5.7. ~ Variances may be reviewed bv themselves or as Dart of a conditional use oetition. .d.. AII decisions of the hearinll: examiner concemin!! variances filed as part of a conditional use petition must be in the form of a written recommendation to the board of countv commissioners and folIow the procedures for such oetitions set forth in 5.5.5.3. and 5.5.5.4. below. as apolicable. Judicial review. Judicial review offinaI decisions of the hearinE!: examiner with resDect to variances are to the circuit court in accordance with sec. 5.5.6, Conditional Uses. Function. The hearinl!: examiner will hear and make written recommcndations to the board of county commissioners on alI aoolications for conditional uses which may be oerrnissible by the district use rell:ulations set forth in division 2.2.. subiect to the exemDtion set forth in sec. 2.7.4.9. Considerations, In reachinl!: his or her recommendation. the hearing examiner must consider the factors and criteria set forth in sec. 2.7.4.4.. as well as the folIowine:. whenever aoplicable: !h the relevant matters set forth in an aDplicant's written petition: !1. the testimony of any aDpHcant or a!!ent; !;" the recommendation of staff: and Q, the testimony of the public. Words BINe]( ihrUlIgIl are deleted, words underlined are added. 56 5.5.5.3.3. 5.5.5.3.4. 5.5.5.3.5. 5.5.5.4. 5.5.5.5. 5.5.5.6. 5.5.5.6.1. 5.5.5.6.2. Agenda Item No.1 00 May 9, 2006 Page 16 of 19 Findimls. Before makinlZ any recommendation for a conditional use. the hearing examiner must make the findings reauired bv sec. 2.7.4.4. Authority. Petitions for conditional uses filed as Dart of a re7..0ning will he reviewed and considered as oart of such rezoning oetition accordinl!: to the procedures set forth in this Code. Review. Review ofthe hearing examiner's recommendations with resoect to conditional uses will be as set forth in sec. 2.7.4.8. Authoritv of hearing examiner decisions-recommendations. 1h The hearing examiner serves in an advisorv capacity to the board of county commissioners with respect to those matters set forth in subsection 5.5.5.3. of this section. and in such capacity. may not make final determinations with regard to these matters. !h The hearinl!: examiner may not recommend the apOfoval of a conditional use: and the board of county commissioners may not approve a conditional use. other than the reauest advertised or oublished pursuant to this Code. unless the conditional use orooosed by the hearing examiner is more restrictive and the uses beinlZ approved are less intense and otherwise permitted within the corresoonding land use classification as set forth in the e:rowth manalZement olan. fh In reaching his or her decisions. the hearinlZ examiner has the authority to recommend or imoose aOOTooriate and reasonably related conditions and reauirements to be attached to any reouest for a conditional use or variance. as may be aoolicable. Decisions. All decisions of the hearinl!: examiner conceminl! conditional use matters will be in the form of a written recommendation to the board of county commissioners. Decisions will be delivered or mailed bv the hearinl! examiner to all parties of record. includinl! oarticioants. each individual county commissioner. the county attorney. and the county manager. on the date it is rendered or on the next regular workinl!: day thereafter. Exceot as orovided for in section 5.1.2.. onlv a participant or his reoresentative will be afforded the right to address the board of county commissioners at any subseauent hearinlZ considering such recommendations. Notice of intent to denY based on insufficient information. If the hearing examiner intends to deny or recommend denial ofan application described in this section based on the apoJicant's failure to provide information adeauate in scope and detail to address particular issues. he or she may. in his or her discretion. send a notice of intent to deny based on insufficient information to all participants in lieu of a denial or a recommendation to deny the apolication. Thc notice must state the issues on which additional information is necessary and must direct the apolicant to indicate within ten workin!! days whether he or she intends to orovide the information and the date uoon which the information will be provided (not to exceed 30 working days). If the aoplicant does not resoond affirmatively within ten working days of the date of the notice. the hearinlZ examiner must preoare and submit a recommendation or decision. whichever is aopIicable. denyinlZ the aoolication to the board of county commissioners and all Darticioants. Ifthe aoplicant does respond affirmatively. the hearing examiner must send a copy of the response to all participants of record along with a notice of a new hearing date. at which time the new evidence will be considered. Words sm.al, W9ygil are deleted, words underl ined are added. 57 5.5.5.6.3. 5.5.5.6.4. 5.5.5.6.5. Sec. 5.5.6. 5.5.6.1. 5.5.6.2, 5.5.6.3. 5.5.6.4. Sec. 5.5.7. 5.5.7.1. 5.5.7.2. 5.5.7.2. I. Agenda Item NO.1 00 May 9, 2006 Page 17 of 19 The anoIicant must submit all of the new evidence orovided in accord:ce with this section to the zoning staff. who will review it and oreDare a sUDol mentary staffreoort addressinl!: onlv those issues to which the new evidence is relevant. The hearin!! following the receipt of the new evidence will be limited to those issues to which the new evidence is relevant. No aoolicant will be entitled to more than one notice of intent to deny based on insufficient information. Final decision: iudicial review. Unless otherwise specified. the decision of the hearing examiner will be final only on administrative matters or variances which are not part of a rezoninlZ or other development approval reauest which reauires final decision bv the bo~d of coun co 'ssioners. Judicial review ofa final deci ion of the hearin ex iner concerninlZ such administrative matters or variances will be in circuit court. Jurisdiction for review ofanv final decision of the hearin!! examiner lies exclusivelv in circuit COurt, This review maY only be obtained throu!!h filing a petition for writ of certiorari in accordance with code of laws section 250-60 and pursuant to the Florida Rules of Appellate Procedure. Anv such petition must be filed within 30 calendar dayS after the decision has been rendered. The person makin!! application to the hearin!! examiner for an~ final decision that is entitled to iudicial review. is a necessary and indispensable arty to any action seekinlZ iudicial review. reclude actions ursuant to F.S. 70.51 or Unauthorized communications with hearinl! examiner. De mitions. The folIowin words terms hrases when use n his section will have the meanin!!s ascribed to them in this section. exceot where the context c1earlv indicates a different meaning: Aoplication and QlJoeal mean anv matter IvinlZ within the jurisdiction of the hearin!! examiner and any application for rezoning which will be or is scheduled to be heard bv the Board of County Commissioners. HearinfZ examiner means the county hearinlZ examiner or any member of his or her staff. includinl!: hcarin!! examiners pro tempore. Unauthorized communication means any direct or indirect communication in anx form. whether written. verbal or IZraphic. with the hearinlZ examine~or the hearin!! examiner's staff. bv any nerson outside of a oublic hearinlZ d not on the record. concemin!! substantive issues in any proposed or Dendi"!! matter relating to variances. conditional uses. or any other matter assilZned bv statute. ordinance, or a ministrative code to the hearin examiner for discussion _r r --:;;"mendation exceot as mav otherwise be permitted in the county administrative c de, Unauthorized communications orohibited. No person shall knowinl!:lv have. or attempt to initiate. an unauthorized communication with a hearinl! examiner. includine members of the hearing examiner's staff. concerning substantive issues rclatinl!: to a oendin~ or orooosec;j variance or zoning application. Words otfua]r tt-.:eugh are deleted, words underlined are added. 58 . _..~---,,-,.,'-,.- 5.5.7.2.2. 5.5.7.2.3. 5.5.7.2.4. 5.5.7.2.5. 5.5.7.2.6. 5.5.7.2.7. Agenda Item No.1 00 May 9, 2006 Page 18 of 19 No member of the board of county commissioners shall knowinl!:ly have or attempt to initiate an unauthorized communication with a hearin2 examiner concerninl!: any substantive issue relatin!! to an application which will be or is currentlv before a hearinlZ examiner for consideration. Neither the hearin2 examiners nor any member of their staff shall knowim!.lv have or attempt to initiate unauthorized communication with the board of county commissioners concernin!! substantive issues in an application which will be or is pendinl!: for the hearimr examiner's consideration. However. the hearing examiners may communicate with the board of county commissioners concerning procedural matters and the administration of their office. The hearinl!: examiners shall scrupulouslv avoid improper influences in their deliberations. Thev shall not initiate or consider an unauthorized communication concerning a pendinl!: aoolication. In reachinl!: a decision. a hearing examiner may obtain the written advice of a disinterested exoert other than another county hearing examiner or employee of the county (except a member orthe hearing examiner's staID concerninl!: a matter ofIaw. planninl!:. or zoninl!: apolicable to a proceedinl!: before him. A hearing examiner must l!:ive notice of his or her intention to solicit such advice to all interested participants who appeared at the public hearinl!: personally. by al!:ent or throue:h counsel. or have filed documents or statements in the public record under consideration in the pend in!! matter. Once such advice has been received. the hearinl!: examiner will then forward copies of the written advice received as a result arms reauest to each oarticioant: and afford all interested participants reasonable opportunitv to respond to and rebut the advice on the record prior to rendering his decision. The ooportunitv to resoond mav include a noticed public hearinl!: granted at the hearing examiner's sole discretion when a written reauest for same has been filed with a participant's resoonse demonstratinl!: how a participant may be oreiudiced or irreparably harmed if such hearinl;l: is not afforded. If an unauthorized communication is knowingly made or attempted to be made to a hearing examiner or a member ofthe hearimz examiner's staff. such communication shall be publiclv disclosed. placed in the public record. and reported bv filing a citizen's complaint with the citizen's complaint division ofthe county sheriffs department or bv minI!: a complaint directly with the state attorney's office on forms to be made available bv the hearin!! examiner's office. If. in their opinion. the attempted or completed unauthorized communication has preiudiced a hearing examiner's ability to decide a case based obiectivelv and exclusively on the record of public proceedings. the hearinl!: examiner shall immediatelv recuse himself and abstain from participating in any consideration of the oending matter. Failure to disclose the receipt of an unauthorized communication is a violation ofthis section and shall subiect the hearing examiner or his or her staff to the oenalties described in this section. Anv unauthorized communication received bv a member of the hearinl!: examiner's staff conccrninl!: a pending matter and prior to the hearinl!: on such matter shall be copied or transcribed. ifnecessarv. and entered into the record of the pending proceedings. Copies of any unauthorized communication shall be furnished to all interested parties of record. In establishinl!: rules of procedure for the hearing examiner's office. the hearinl!: examiner and board of county commissioners shall set filimz deadlines prior to each hearin!! after which no further submittals. except those presented at the hearing. will be included in the public record for consideration bv the hearing examiner. Anv materials received after this date will be returned. All items submitted for inclusion in the public record within the adopted timeframes must be forwarded to the hearing examiner's office. Items not included in the public record or presented at the hearing will not be considered by the hearing examiner or the board of county commissioners. Words struok tlwallgll are deleted, words underlined are added. 59 5.5.7.2.8. 5.5.7.3. 5.5.7.3.1. 5.5.7.3.2. 5.5.7.3.3. Nothing set forth in this section shall prohibit the discussion of any pendinl!: or prODOsed cases or appeals bv and between hearine: examiners or between a hearin!! examiner and any emplovee of the office of the hearin!! examiner. Penalties. Anv person who knowin!!lv makes or attempts to initiate an unauthorized communication to or with a hearinl! examiner or a member of the hearinl! examiner's staff. or any hearinl!: examiner or his or her staff who fails to publiclv disclose and report an unauthorized communication or an attemot to initiate an unauthorized communication. shall be subiect to any. or all. of the followin!! oenalties: Criminal venalties. Such person shall be subiect to punishment as provided in section 1.9.6 Civil venalties. Such person shall be subiect to: l!. Revocation. suspension. or amendment of any permit. variance. or conditional use. granted as a result of the hearinl! examiner action which is the subiect of the unauthorized communication. l2: Anv other relief available at law or eouitv. Each unauthorized communication or attempt to initiate an unauthorized communication shall constitute a separate offense under the provisions of this section. DIVISION 5.13. ENVIRONMENTAL ADVISORY COUNCIL Sec. 5.13.2. Authority, functions, powers aDd duties. 5.13.2.1. The EAC obtains its jurisdiction, powers, and limits of authority from the board of county commissioners, hereinafter referred to as the board, and pursuant to this code, shall act in an advisory capacity to the board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the county and the review and evaluation of specific zoning and development petitions and their impact on those resources. 5.13.2.2. The EAC will function to: (I) Advise on the preservation, conservation, protection, management and beneficial use ofthe physical and biological natura! resources (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being ofthe public; (2) Advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. (3) Provide written and oral reports directly to the board regarding recommendations on matters dealing with the protection of natural resources. (4) Review and recommend stipulations addressing the preservation, conservation, protection, management and beneficial use of the county's physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for petitions and/or plans for selected development orders, including but not limited to rezones, developments of regional impact, provisional uses, subdivision master plans and planned unit development amendments that are directed to the EAC by G9I:1Rl'y staff, the beaf:d provisions of this Code. Words slnlell tNeUgR are deleted, words underlined are added. 60 -------- Agenda Item NO.1 00 May 9, 2006 Page 19 of 19 Agenda Item No. 10E May 9, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the program's past activities, for soliciting proposals and applications, and to approve the 4th Cycle Target Protection Areas (TP A) mailing strategy OBJECTIVE: Three (3) objectives included in this request are: 1. Update the Board of County Commissioners (BCC) and the public on the Conservation Collier Program's past, current and planned activities pursuant to Conservation Collier Ordinance requirements, 2. Solicit proposals and aprlications from the public, and 3. Obtain approval for a 41 cycle TPA mailing list. CONSIDERA nON: 1. Past, Current, and Planned Activities Report: A November 2002 County-wide referendum approving the Conservation Collier Program, authorized the County to issue up to $75,000,000 in bonds to acquire environmentally sensitive properties. In December 2002, the Board of County Commissioners approved Ordinance 2002-63 establishing the Conservation Collier Land Acquisition Program, hired a coordinator, and appointed a nine-member Conservation Collier Land Acquisition Advisory Committee (CCLAAC). Section 12 of Ordinance 2002-63 requires an annual public meeting for the purpose of updating the BCC and the public and for soliciting proposals and applications. The County has completed three (3) selection and approval cycles, resulting most recently in a February 14, 2006 Board approval for purchase of a total of approximately 671 acres in II project areas, of which approximately 385 acres have been acquired. (See attached Map 1). Total estimated cost for all approved acreage is estimated at $59.2 million, with $37.5 million of that either spent or currently under contract. Seven (7) Interim Land Management Plans have been prepared and approved. Management activities are ongoing. The proposed objectives of the program's 4th year include: a. Continue to evaluate and select qualified properties and projects; b. Secure grant funding wherever possible; c. Continue management activities for acquired properties; d. Develop an Exceptional Benefits Ordinance to provide a procedure to evaluate requests for sale of Conservation Collier lands or easements to other County Departments seeking to place public infrastructure on portions of Conservation C01lier lands; e. Amend the Conservation Collier Ordinance and Purchase Policy to facilitate more efficient procedures; f. Work with other County Departments to coordinate conservation land purchases with other public needs; and, g. Develop a program manual that defines the Program's processes and procedures. Agenda Item No. 10E May 9, 2006 Page 2 of 10 2. Solicitation of proposals and applications from the public: At the Board meeting, staff will request the BCC to make a public solicitation for nomination proposals and for property owners to submit applications in the 4th selection and ranking cycle, which is currently underway. 3. Cycle 4 TP A mailing strategy: In the past 3 property selection cycles, the BCC adopted Resolutions 2003-196, 2004-175, and 2005-162 that implemented the Conservation Collier Land Acquisition Advisory Committee's (CCLAAC) recommendations for Target Protection Areas (TP A) mailing strategies. Previous recommendations included direction to forward mailing strategies to the Board for approval, ensuring the program is consistent with the ordinance requirement of mailing to all property owners within Target Protection Areas. On April 10, 2006, after recommendation from the Outreach subcommittee, the CCLAAC discussed and made recommendations for a 4th cycle TP A mailing strategy (attached as Table 1 and Map 2) and requested staff to bring these recommendations to the Board of County Commissioners for approval. Staff will point out that some properties included within Area 8 are lands within the Rural Lands Stewardship Overlay (RLSA), Habitat and Flowway areas. However, in light of recent Board direction not to pursue "Sending" lands within the Rural Fringe Mixed Use District except when all development rights are removed, staff notes that Area 8 properties could participate in the RLSA Stewardship Credit Program. Approval by resolution of these recommendations by the Board of County Commissioners will allow staff to move forward with a mailing of interest letters to the property owners within the areas approved by the BCC. FISCAL IMPACT: 1. Past, Current and Planned Activities Report: The fiscal impacts of past and current activities are stated above in the Considerations section. Conservation Collier has approximately $16.5 million remaining in undesignated funding potential for land acquisition. 2. Solicitation of proposals and applications from the public: Fiscal impacts for a public solicitation for proposals and applications will not be known until such proposals or applications have been received and evaluated. 3. Cycle 4 TP A mailing list: There are 158 properties included in the cycle 4 mailing list. The cost for mailing letters would not exceed $60. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: Ordinance 2002-63, in section 12.4, requires staff to conduct an annual public meeting for the purposes of providing a Past and Current Activities Report to the Board and to solicit proposals and applications from the public. Additionally, in section 10.3(1-4), a list of Target Protection Areas (TP A) is identified. Section 13.1 provides for update of a TP A mailing list and mailing of interest letters to owners within these areas. Recommendation of a TP A mailing strategy by the CCLAAC for Board approval and resolution falls within this legal framework. 2 Agenda Item No.1 OE May 9,2006 Page 3 of 10 RECOMMENDATION: That the Board accept the Past, Current, and Planned Activities Report as provided in the Considerations Section as the annual Conservation Collier Report and adopt a Resolution approving the Target Protection Areas mailing strategy for the fourth property selection cycle in the Conservation Collier Program. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program 3 Agenda Item NO.1 OE May 9, 2006 Page 4 of 10 Mapl. Acquired Approved D3b Source'PArcel~ - Collier County Property Appraiser Cf....E1ted By: GISI COES / En..ironmcntal Services I g'~,~~:~=:~::~lg~:::~{~:~:;::~:;:~~~~~~::::~~;::~~:~~::d 0 Date 2/28r')6 2 , 4 , ~ Miles -+, Ccil~kr County .., --------.~-.........--~ 4 Agenda Item No. 10E May 9, 2006 Page 5 of 10 Table 1. Area Objective Criteria for selection TPA 1 (11) Parcels near Polly Ave.-north from Undeveloped Urban Rattlesnake Hammock to Davis Blvd. (6) Parcels on the comer of Old Hwy 41 Undeveloped-Scrub 2 and Hwy 41 Habitat Urban (8) Parcels located along the east side of 3 Livingston Road in between 1mmokalee Undeveloped Urban Road and Vanderbilt Beach Road. (5) Parcels on the comers of Pine Ridge 4 Road and Logan Blvd.- NE, SE and SW Undeveloped Urban and NGGE comers. (29) Parcels-Expansion of School Board Property-Section 24 Expansion of current 5 (Rural Fringe Mixed Used District "Neutral Undeveloped Conservation Collier Lands") Land (17) Properties to the North and East of 6 Lake Trafford Undeveloped Urban (3) Property owners in Horsepen Strand across from Estates Elementary School on 7 62 Ave N. and west of Everglades Blvd. to Undeveloped Urban and NGGE add onto two parcels we have received an application for. (25) Parcels adjacent to Ave Maria conservation land and adjacent to Habitat and Flowway 8 conservation areas south of Ave Maria Undeveloped Stewardship Areas! Parcels selected are not in "Stewardship (Rural Land Sending Areas." Stewardship Area) One parcel just south of US-41 and North 9 and West of Manatee Road Undeveloped Urban (53) Properties adjacent to 1-75 on the east and west sides of Everglades Blvd. between the Test Track on the east and the Rural Undeveloped Urban and NGGE 10 Fringe Mixed Use District "Sending lands" on the west. Total Parcel for Target Mailing = t 58 5 Map 2. Agenda Item NO.1 OE May 9, 2006 Page 6 of 1 0 Conservation Collier Target Mailing Areas -.f..... CiTricr County ~"--~'-"'''''-'----- Legend D Acquired Parcels r.---l State and Federal Conservation Lands _ Potential Target Mailing Parcels c a: w '" ~ o :; ;J 7' ,1'/", RD " 0; co ~ c :l " a: w > GOLDEN GATE BLVD Wl.U 1Iill" 5 , ~) i ~~Cl Ir'~I' 1(,''&.) ~I"~~ j . h (_1 \t '); ~ (">\ \, :(~f~E..~ : --- '\' , ~ N W+E S z IMMOKALEE RD E' ,', ~ a: "' . ,- 176 ::':'" ('r/ ~ \,' '~"~'G/ ~",.,.~>_:,.oat~. S~'urcP,: ParceJS;coaier~ounty_ Properly ApPlaisers N( '-:i Stale and_ Federal Conservation Areas: FL Natural Areas Inventory ,. created'-~.~CD~S/Envjronmenl,al_Seryj~CS: G:COII:S!i'JVCtljOn'2l11ttr/~,H_~)~lCYc(tt4/PU~SilJlel<:JIUl:llJJaro(:lls/Bee _Iiill Utl1atttct fIIJ"d.C:llld jpg. 4/12i06 ,~t;'7: '-;{--~!t~ ,---' i ,"".,.r--~' 6 Agenda Item No, 10E May 9, 2006 Page 7 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: iDE Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the programs past activities, for soliciting proposals and applications, and to approve the 4th Cycle Target Protection Areas (TPA) mailing strategy (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Meeting Date: 5/9/2006 9:00:00 AM Approved By Charles E. Carrington, Jr., SR/WA Real Estate Services Manager Date Administrative Services Facilities Management 4/21/2006 7:59 AM Approved By William D, Lorenz, Jr., P.E. Environmental Services Director Date Community Development & Environmental Services Environmental Services 4/21/200610:09 AM Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, Date Constance A. Johnson 4/26/200610:20 AM Approved By Joseph K, Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/26/20065:10 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 9:56 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20062:53 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/20063:05 PM Agenda Item NO.1 DE May 9,2006 Page 8 of 10 RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNfY OF COIllER, FLORIDA, APPROVING A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COlllER LAND ACQUlSmON PROGRAM'S FOURTII PROPERTY SELECTION CYCLE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has recognized the need to plan for future growth and has initiated a long-term program. known as Conservation Collier, to acquire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WHEREAS, the Conservation Collier Program includes identification and protection of Collier County's natural resources, including upland and wetland communities, native plant communities, endemic species. endangered species habitat, water resources, and aesthetic or other natural features; and WHEREAS, protected lands include those that provide appropriate natural resource-based recreational and educational opportunities, protect local water.resources, provide flood control; and WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as "Ordinance No. 2002-63" has described Target Protection Areas (TPAs); and WHEREAS, Section 13 (1) of Ordinance No. 2002-63 provides that county staff will send letters of inquiry to all property owners within these Target Protection Areas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, that: SEC'fION I. Findings It is found and declared that: (A) The cost of a mailing of letters to all remaining property owners within all Target Protection Areas will be approximately $40,000, as opposed to $60 for a proposed fourth cycle mailing to criteria-based properties from identified Target Protection Areas and other areas that meet program goals and criteria. (B) Many undeveloped properties within Target Protection Areas are small lots within established subdivisions and would not be appropriate for acquisition by Conservation Collier. Agenda Item No. 1 OE: May 9, 2006 Page 9 of 10 (C) Using estimated rates of return of positive interest generated by property owner interest letters in previous selection cycles, it has been determined that mailing approximately 158 interest letters will result in approximately 5 parcels for review and ranking on the Active Acquisition List. Staff anticipates some additional number of owner and public nominations as well. (D) There has been an Outreach Subcommittee recommendation that was unanimously approved by CCLAAC on April 10, 2006, endorsing a strategy for a targeted mailing outreach effort. This strategy is to more specifically target lands that are likely to contain high quality environmental resources and to enlarge lands already purchased. (E) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update to the Target Protection Areas List and selection strategy to the Board of County Commissioners to fulfill the purposes of the Conservation Collier Program. (F) This resolution is adopted pursuant to applicable provisions of law. SECTION II. Be it also resolved that Collier County Board of County Commissioners adOPt the following: fourth-cycle Tar~et Protection Areas mai linJ!: strategy: 1. Staff shall send approximately 158 interest inquiry letters to owners of undeveloped properties within the following areas: Area Objective Criteria for TPA selection 1 (11) Parcels near Polly Ave.-north Undeveloped Urban from Rattlesnake Hammock to Davis Blvd. (6) Parcels on the comer of Old Hwy lJndeveloped-Scrub 41 Urban 2 andHwy41 Habitat (8) Parcels located along the east side 3 of Livingston Road in between Undeveloped Urban Immokalee Road and Vanderbilt Beach Road. (5) Parcels on the corners of Pine 4 Ridge Road and Logan Blvd.- NE, SE lJndeveloped Urban and NGGE and SW comers. (29) Parcels-Expansion of School Expansion of Board Property-Section 24 current 5 (Rural Fringe Mixed Used District Undeveloped Conservation "Neutral Lands") Collier Land (17) Properties to the North and East 6 of Lake Trafford lJndeveloped Urban (3) Property owners in Horsepen 7 Strand Undeveloped Urban and NGGE across from Estates Elementary School on 62 Ave N. and west of Agenaa Item 1\10. I Ut:. May 9,2006 Page 10 of 10 Everglades Blvd. to add onto two parcels we have received an application for. (25) Parcels adjacent to Ave Maria Habitat and conservation land and adjacent to Flowway 8 conservation areas south of Ave Maria Undeveloped Stewardship Parcels selected are not in Areas! (Rural "Stewardship Sending Areas." Land Stewardship Area) One parcel just south of US-4l and 9 North and West of Manatee Road Undeveloped Urban (53) Properties adjacent to 1-75 on the east and west sides of Everglades 10 Blvd. between the Test Track on the Undeveloped Urban and NGGE east and the Rural Fringe Mixed Use District "Sending lands" on the west. Total Parcel for Target Mailing = 158 SECTION HI. Effective Date. This Resolution adopted and made effective this 9th day of May 2006, after motion, second and majority vote favoring same. AITEST: DWIGfIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA By: Deputy Clerk By: Frank Halas, Chairman Approved as to form and ::'"44# I--/~ Michael W. Pettit Chief Assistant County Attorney Agenda Item NO.1 OF May 9,2006 Page 1 of 70 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012) OBJECTIVE: To approve a resolution authorizing the condemnation of fee simple or easement interests as are necessary for the construction of drainage and retention improvements within the area referred to as Phase I of the Lely Area Stonnwater Improvement Project (LASIP). CONSIDERA TIONS: LASlP encompasses an area of approximately seventeen (17) square miles located in East Naples. The land throughout East Naples which is included within the limits of LASIP is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. During a Board meeting on February 4, 1992, Resolution 92-518 was approved to accept a progress report outlining the proposed capital improvements to be made in the Lely Canal and Lely Manor Basins (now inclusive within LASIP). In 2003 the Board approved Resolution 2003-238, accepting the land and easements donated to Collier County specifically within the LASIP area. Again in 2004, Resolution 2004-205 was more comprehensively drafted and approved to accept all donations and parcels acquired by willing sellers for the sole purpose of constructing drainage improvement and retention ponds. The Board of County Commissioners has clearly stated their concern over the extreme flooding issues during the rainy season in the East Naples area. Through the Board's support over the past years, as funding became available, county staff acquired 18 easements and/or parcels within Phases I, III, and IV, by either purchase, gift or donation. Staff continues to work diligently to acquire the additional areas required within all sections of Phase I. Over the years, staff has negotiated with property owners in Phase I to purchase easements and/or parcels necessary for the project. It now appears that some easements and/or parcels may need to be acquired under threat of condemnation. The Board was advised that the funds in the Fiscal Year 2004 and Fiscal Year 2005 budget were for land acquisition, completion of permitting efforts and engineering support. Funds are currently available to purchase and/or condemn these parcels and to begin construction of specific sections of Phase I. This stormwater project has been in the design and permitting phase for 16 years. During this period, a significant amount of time and effort was spent on analyzing dozens of considerations resulting in LASIP's final alignment. This alignment is based on the natural overland flow of stormwater working in concert with existing wetlands as well as existing ditches and canals constructed many years ago. The majority of this final alignment is in the same location as the existing ditches and canals. LASIP will deepen and widen these existing facilities providing the ability to convey storm water in the rainy season and to retain stormwater in the dry season. The natural direction of sheet flow in the LASIP area is in a generally southwest direction toward the coastal zone and the headwaters of Sandhill and Rookery Bays. Nearly all of the existing conveyance ditches and public canals previously constructed within the LASIP area since the Agenda Item NO.1 OF May 9,2006 Page 2 of 70 1950's have been "designed" to convey water to the south and to the west. Sixteen years of analysis has revealed that the most viable approach to construct stormwater improvements within the area is to follow these existing conveyance alignments. Since the entire LASIP area is virtually at "build-out," any alternative alignment would have serious negative and costly real estate impacts. The only practical method for increasing storm water discharge and alleviating flooding was to widen the existing ditches and canals. The choice of real property interest and easement width is driven by cost considerations. The parcels described in Exhibit "A" represent the least costly impacts to affected real estate, without impacting the actual cost of the project's construction. State and Federal permits necessary to begin construction have been issued and a construction phasing plan has been established (see Exhibit "A"). This plan shows six (6) overall construction phases for a total estimated cost of $61.4 million dollars. Phase T construction will begin in 2006 and continue into 2007. Phase I is currently planned as an aggressive effort with construction of various sections of the system located throughout the project area. The Phase T sections are: I. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely Branch Canal from Rattlesnake Hammock Road north to the southeast comer of the Kings Lake Community. Improvements to this section of canal may be completed in two stages contingent on budget constraints and working during the dry season. 2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located immediately north of the Naples Lakes Development, as required mitigation by the South Florida Water Management District and the Army Corps of Engineers following the project's I 6-year long environmental permitting process. 3. Construction of LASIP components associated with the four laning of County Barn Road. This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch. 4. Construction of LASTP components associated with the Rattlesnake Hammock Road Improvement Project. This includes approximately 3,500 feet of box culvert. LASIP sections planned to commence construction in 2007 and 2008 requiring easements which are the subject of this condemnation resolution are: I. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the north side of US 41 to the south side of Rattlesnake Hammock Road. .- 2. Construction of the Treviso Bay (FKA Wentworth Estates) Lely Manor East Outfall Canal, approximately 7,100 feet in length. This includes a seven (7) acre spreader lake located at the dO\\'l1stream (southern) end of the project and a stormwater pumping station located at approximately the canal's midpoint. The pumping station will lift surface water out of the canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge into Rookery Bay National Estuarine Research Reserve. Construction of LASIP components associated with the Santa Barbara Boulevard Extension Project from Davis Boulevard south to Rattlesnake Hammock Road is also currently planed to commence in 2007 and 2008. This includes excavation of a new canal adjacent to the northeast Agenda Item No. 10F May 9, 2006 Page 3 of 70 comer of the Royal Wood Development, swale reconstruction along the north side of Country Road, Whitaker Road and a portion of Cope Lane, construction of approximately 1,900 feet of box culvert along the northwest side of the Royal Wood Development, and construction of several water control structures. Easements necessary for construction of these components will be addressed as part of the Santa Barbara Boulevard Extension Project A total of 36 easements and/or entire parcels remain to be acquired in order to construct these two LASIP elements described above (see Exhibits "B", "B-1" and "B-2"). Ten (10) easements or parcels necessary have been acquired to date. Also, a significant number of drainage easements (five of the 36 remaining parcels) are being donated to Collier County by VK Development Corporation in coordination with review and approval of the Treviso Bay Development. The subject of this Condemnation Resolution is the remaining 31 easements/parcels yet to be acquired. The exhibits identity the location of all the subject parcels required. The ten (10) parcels already acquired are distinguished by additional shading. No additional parcels or easements are required to begin construction on the Lely Branch Canal located north of Rattlesnake Hammock Road. Work is planned to begin here immediately following the 2006 rainy season. All parcels proposed to be acquired will be utilized for construction of canals, lakes, and/or access and maintenance travel-ways. No homes or buildings will be taken by acquiring any of these parcels. All of the subject parcels located in the Naples Gateway Estates area adjacent to the south half of the Treviso Bay East Outfall Canal are vacant, unimproved parcels. Negotiations have continued with the owners of all remaining subject parcels. At least two (2) parcels are expected to be donated. At this time, it is estimated that only six to ten (6-10) of the remaining parcels will require condemnation due to either unwilling sellers or clouds on titles, which would best be acquired by condemnation. Although the resolution addresses all the required parcels, condemnation proceedings can move forward in stages if necessary. Sketches and descriptions of all subject parcels together comprise Exhibit "A" to the Condemnation Resolution. A project memorandum dated April 11, 2006, ITom Daniel W. Brundage, P.E., a principal with the finn of Agnoli, Barber and Brundage, Inc., the consultant engineering finn designing and pennitting the LASIP project, has been attached to this executive summary as Exhibit "c." In addition, a memorandum from Transportation Administrator, Nonnan Feder, to County Manager, James Mudd, is attached as Exhibit "0" to this executive summary. Together these memoranda outline the history of the stormwater problems in the Lely Area Stormwater Improvement Project area, the efforts needed to solve the problems, and the alternate methods considered. FISCAL IMPACT: Should condemnation of all of the parcels described in the Condemnation Resolution become necessary, the total cost could approach $1,838,000. This would include not only the value of the land, but the attorney and expert witness fees for which the county is responsible under Sections 73.091 and 73.092, F.S. Funds in the amount of $1,378,000 are currently available in Funds 301 and 325 under the Lely Area Stonnwater Improvement Project, Project No. 511012. The balance of funds necessary will be programmed into the project as the multi-year condemnation acquisition effort proceeds. Source of funds is Ad Valorem taxes. Agenda Item NO.1 OF May 9, 2006 Page 4 of 70 GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This recommendation IS consistent with the RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1) Adopt the attached Resolution authorizing the condemnation of the parcels described in Exhibit "A" thereto and authorize the Chairman to execute same on behalf of the Board; 2) Direct staff to complete all tasks required to acquire the necessary parcels; and 3) Approve any budget amendments necessary to implement the collective will of the Board. Prepared By: Gerald N. Kurtz, P.E., Principal Project Manager, Stormwater Management Department, Transportation Services Division Attachments: (l) Exhibit "A" - (LASIP Construction Phasing Plan); (2) Exhibit "B", "B-1 ", and "B-2" (Project Location Map and Acquisition Maps); (3) Exhibit "c" (Memorandum dated April 11, 2006 from Daniel W. Brundage to Jerry Kurtz) (4) Exhibit "0" Memorandum dated April 3, 2006 from Norman Feder to James Mudd (with Attachments), (5) Condemnation Resolution (with composite Exhibit "A") Item Number: Item Summary: Meeting Date: Agenda Item No, 10F May 9,2006 Page 5 of 70 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Recommendation to adopt a resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP), Fiscal Impact $1,838,000 (Project 511012) (Norman Feder, Administrator, Transportation Services) 5/9/2006 9:00:00 AM Prepared By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TECM-ROW 4/25/20063:40:31 PM Approved By Gloria Herrera Transportation Services Management/Budget Analyst Date Stormwater Management 4/25/20064:59 PM Approved By Gerald Kurtz Transportation Services Senior Engineer Date Stormwater Management 4/25/2006 5:06 PM Approved By Eugene Calvert Transportations Services Principal Project Manager Date Transportation Engineering and Construction Management 4/25/2006 6:02 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 4/25/2006 6:33 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 4/26/2006 8:26 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 4/26/200610:39 AM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TEeM-ROW 4/27/2006 11 :53 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 4/27/2006 2:07 PM Approved By OMB Coordinator Administrative Assistant Date Agenda Item No.1 OF May 9,2006 Page 6 of 70 County Manager's Office Office of Management & Budget 4/27/20064:31 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20065:07 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/28/20069:54 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28120063:15 PM LElY AREA STORMWATER IMPROVEMENT PROJECT CONSTRUCTION PHASING PLAN I RADIO RD RADIO RD, g ~() Q3 ~ CI) ~ l~ g ~ (;;)"r ~ <:!) fe \I) ~ ~ Ol -l ~ a:: :::! ~ . ."", : U) Q. ^ <: ~ ~ CC ~ ~ ~ ~ 'G:J 0 (.) 1'-' SJ m ''''<<l} ""9 Q : r-'". \):;;. ....:.-.::-, 8D 0_.-, '.. -"'-"'I:'-"-'~-'" 'I ,-' ,,' -. "::, . i ' <::..~~ ...,-',"-"._ ' It. ~ !!":t L.-.:..., -': -r- ". _" ,~,_",,,, 61; '" .. ; ,w.. ( . :~ ~ " C'J 0.. aD ,J;< iJ( '\'. ~ j , If , RATTLE ~NAKE HAMMOCK RD - " ~ "XJ'. -.. i+ +-' t ..- legend ~ '"S7-:;., Phase No. Start Ollte ~A ~ ..--. 1 2006 fD ~....... Sl l' 2 2007 . , /. , , . , 3 2008 1 --:-',- 4 2009 T' + ~ 5 2010 \.. -t-+- 6 20'1 if! ~ m ~, o Project Bound.ry sr 0 0.5 1 ~ EXHIBIT A I I t I I Miles / LASIP Construction Phasing Plan 1. ion Land ReIIIorlltion (PI.mina. PH 2) s 82a 000 1'7 Nortnv.-l ROIf.' Wood S 2 S58 000 Phase Year No. Protect Name Eat. eoat 11 Roya' Woad Lake I ntllfllOlll1eotll $ 1.90"1.000 , Rattle Snake Hammook S 2.900 000 4 2:DOt 111 SlIllClY LaneMllnrrliOUlh Interconnect S 1 428 000 2 CounIv Bem RaMo S 6 000.000 20 Whltaleer Road S 635 000 I 2006 I LeIY Branoh CaI'llIIR.r Ham to Klnaa Lalcel PM I S 1.422000 21 Halde"*"Cl8tlk ICS Rd - Riveri8) $ 1587.000 4 Mil ilJ8llon llInd RfttoriIiiIon ICIetartna) S 378.DlXI 22 Trevlao Ball Wal e.1'II1 (LeIY Manor) PH 1 $ 2,648.000 ZOOI T oral . I 111,700. 2lIOt Total S 11,881.000 I LaIY Branch C8I'11J /Rat Ham to Kinas Lakel PH 2 3 226~ za T_~ EIav Well C81l11 l.elv Manor PH 2. S 1 767 000 . NOI1heu1 Rov.' Wood S 1.224 000 M Trevllo a.v Narth Call1ll $ 5 141 000 7 Craw ROIId $ 136.000 21 NlIllles Manor Outllln No.4 S Il85 520 2 200T 8 c-llIl'11 $ 4ll.Dli:i 211 NBolea Mtlnor OuIfa' f\tl.3 S 514 140 . FlOYBf Wood 1.1I. Interaonneat 1_ onlv\ S <4Q8 000 I 2010 'IT 08v Is Blvd. WIIIr S 5'4 140 10 Lalli Mllln CanallE8lllw.t S of R1It Hem) S 1.360 000 21 Oavls Blvd, $ 514140 11 lalli Main CIInllliSllbll. EIav) PH 1 S 2,410.000 21 11 Aiiiilrt< Well Channel $ 856 900 2 n T otI.1 S tI,lJ1;;1:,llQlI 10 WlnatIDUItl Aimart< f... Chennel S 771.210 12 La Branoll C81l11 (US 4'10 Rat Ham) 2O'l0 T_I 5 1v., _....... S 1 910.lXJ[ 11 La Maln Canal (Sablal 8av\ PH 2 S 5 fl2e 000 11 NaIll.. MlInor Narth Canal $ 3517 000 1 20CMl 14 TrevlmBllv EnI /L.""'-Manorl S 3 1167 000 I 2011 12 NBllla MInor DlIah EnoIoIl.n s 1 ,866 000 11 MllilJ8llon Land Restoration (Plantlno . PH 1) $ "4.000 a u.s. 41 DIloh S 2.717.000 2008 Total , 11.S17.lXlO 2011 Total S 7,_.000 Protac:t Total '$ ",7Jli.0I0 PREPARED BY: COWER COUNTY TRANSPORTATION SERVICES DIVISION STORMWATER MANAGlEMENT DEPARTMlENT .-,.-"._...._-'-__'''._~.__ffi~~'~.,.''"~.____..,,'''',...,.,., COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _._._._ ,_"_.__ . _ .....____._~ ...... __..__..._~w_ PROJECT No. 511012 LEL Y AREA STORMW A TER IMPROVEMENT PROJECT LOCATION MAP 1 TREVISO BAY EAST CANAL EASEMENTS REQUIRED LOCATION seE EXHIBIT B-2 RADIO RD I I I I I I \ I" [ \ , I I I I \ QI :::.\ .,Jl CQI , <(1 Q:! <(I CQI Q:i <(I Q CQl 0:: C{ i .,/ ----_.....,--_.._---~..__..._._.-. 2:! ~ Q:; ~ <(I II) CQ! >-1 I- 2: ::;)! 01 Ui I ! LEL Y BRANCH CANAL (RAT. HAM. TO KINGS LAKE) ALL EASEMENTS ACQUIRED i Lely Canal Basi n I LELY BRANCH CANAL (US 41 TO RAT. HAM.) EASEMENTS REQUIRED LOCATION SEe EXHIBIT B-1 RA TTLESNAKE HAMMOCK D ~ ~ ,<, ~ Lely Manor Canal Basin \ EXHiBIT 8 \ PROPOSED BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSPORTATION SERVICES DIVISION STORM WATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE. 2885 SOUTH HORSESHOE DRIVE )o..,\FLJ' FLORIDA 34104 12:19\ 774.81'12 PROJECT MANAGER: GERALD N. KURTZ DATE: APRIL, 2006 Agenda Item NO.1 OF Page 8 of 7 + 0 0.5 1 , Miles - 1\1''''\ Tl~R 1.I\IPnO'l~1\IE'T PRO,fEeT I>>HASE i LEJ~' i\IAI1\ AND BRA.1\CJlIUG liT OF " A\' A(,()l JSITI01\' l\IAP t~ \ \\ \_1 " .-\ ,-' (1 \ -.-'t.- I' '..----- '..---- '~I- " _---i '< ~____^_..t; .~ i '\ I \ ,-'- -; " ~ \ '1 \ \ _e_-'--". m t---"--'~'r----i, \ 'I i"1 i'l, ' 'I I \ \ ' _I Q L__._l_,,_J --.- ;xl BISCA YNE DR I I : I ,J--LLl_J " '\ I , I ' j 1-" i/" -...~ / / " ,/.rC ,o''' ". " " ",/,F" ......-'~ " '\ \...,.... ,/' /- s~ )'... .J' ~~'" ::), '1;;" ;.. ? .""\ ....~~ \, . o I 150 300 I Feet I EXHIBIT B-1 I PREPARED BY: Collier County sportation Services DIvision water Managemem Department ""', / /,/'" : j i '- /'.../' L. I ! J :"""" ,1/ '-li j-T-!--' ,.,..,of..... '-, -.........,./ i_~_" WARWICK HILLS DR I I ! \ ';"'.'" '--'-'-"'--;'-'__1 L-.: ...., 1 I < f --------._-- ....._,,.,.,/ '~.. / \, :I: \ ~ I" >' -\ -\ tXl '. r- - <: c RATTLESNAKE HAMMOCK RD \ I I L__.. !li' 0, #/ #/ I ( SS7S~ '~d;"- V'JJ .......,,'- .. .. "",,-, us}'... "" "T. .. agOr ~ , .' , /' , '^, '-'" ..' /~~ /;.,~ /'<r:.~"\ /~-<:., /-vC '~~ " l I !._______i I I i . I / ,;"'. ", , '. ~ " 7~ '<'~ . Legend Parcels , I LeN Branch Cana' (US 41 To klnga Lake) Right of Way o ~ Way Acquired ,.._"",_._-_.......~-~,.. '~~'.... '~""'~...... ~--"".....___._.\v., '\ ' .. ,/ ~~.r'- '..,' .. ,.r \,- --...,,'".....,,~.L! I I ;'\\: OAKLAND HILLS DR -.. J )\ n-n- ./ ~\. ! i I ~l--'I--.. i ' ,--"L.-.J___.~v" Agenda Item NO.1 OF Mav 9 2006 LELY AREA STORMWATER IMPROVEMET PROJECT pnA~~7f TREVISO BAY EAST CANAL RIGHT OF WAY ACQUISITION MAP MYRTLE COVE ACRES TREVISO SAY j;("J -, /,' .V;;',.!\',u.,.," __..J~f~O' 30'", '----f'3e',,,,,",,,,, "..",I,-I.I'.J',.J, ---- ---- ]--.---....- 1\ L. --l30' I RAINTREELN .. _ _ _ _ _ _ _ _ _ _ _ .. 30'; i , I. ~ ....-.- I" I I , I ' I 'I." ,,' .t. I ',cc,.O'cc-f 15' ~~7~~~. I , 30'(',,:';;' I ,_::";,;:,:,,,: I ' CYPRESS LN , I , I ,<. I ..,. ..,.. ..:.; I I I I I , ,_ I I 'YJ7;-.;I)'",;:>',j"': I , ;r I I "', : J I II MYRTLE LN ' I I I I SEE I I I EN~~~:'fD '-... I ;/ ~ I I ~ II ~ 'I : ) ~~i;I6G' I I ,"';"'!i)'mJ / I I J / I I I / I I I I I I / I I ~\Cj:~.!:in",'; MAP LE LN , I 1ft o o o co ... ... GO ... o co r-i o o o 'O:l' d o c:o ,..:. d CO' I I I I J I I I I .:c.:"t,"!!i',. ,:'.'-, 1ft o g GO o o GO ... o CD ":.;:Jl,.M.l[lC1 601_L';:-~ I'.~:.<;;r< -'- L~~;;,:,,:'.L:~ \ \ \ ) c;)'\ -s-'V \" o"y ~ ~ ~ ~~ 7A ~ ~ I ( \ \ \ '.. ~"'- "'- \ \ I I / MYRTLE COVE ACRES ( \ \ \ \ \ L___~_______I/ TREVISO SAY ENLARGED DETAIL Legend lS'J Right Way I Parcels Acquired o Trevlso Bay East Canal Right of Way Acquisition D Parcels 44304000 - Parcels 10 ,:.(-;,;.tH;~li':" PREPARED BY: Collier County Transportation Services Division Stormwater Management Department N + o 500 1,000 1 I I Feet \ EXHIBIT B-2 \ ~.L", ,,'I, 0" ~0 6'..., 1-<5' r .;,>;;. 1-<5' ..., Agenda Item NO.1 OF May 9, 2006 Page 11 of 70 ''';; AGNOLI BARBER & BRUNDAGE,lNC EXHIBIT "e" Professional Engineers, Planners & Land Surveyors 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 9990 Coconut Rd., Suite 103, Bonita Springs, FL 34135 Phone (239) 597-3111 Phone: (239) 334-1173 Fax: (239) 566-2203 Fax: (239) 334-1175 MEMORANDUM Date: To: From: Subject: April 11, 2006 Jerry Kurtz, P.E. ~,L Daniel W. Brundage, P.E. ~ Condemnation Resolution for LASIP System On May 9,2006, the Board of County Commissioners will consider the adoption ofa Condemnation Resolution for the property interests necessary to construct portions of the Lely Area Stormwater Improvement Project (LASIP). This memorandum contains vital information that the Board of County Commissioners must consider in adopting this resolution. The LASIP system will provide a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6 which has for years experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LA SIP consists of about 11,135 acres and consists of two sub-basins known as the Lely Canal Basin (LCB) system and the Lely Manor Basin (LMB) system. The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay Due to the lack of a comprehensive drainage outfall system in the LASIP area continued development ofthe area has impacted flood levels as well as water quality. Available data K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc Agenda Item No.1 OF May 9, 2006 Page 12 of 70 indicates that water quality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area described as follows is developed. Lelv Canal Basin The existing Lely "Main" Canal flows from Rattlesnake Hammock Road south then west parallel to Rattlesnake Hammock Road, then south again and through the bridges at U.S. 41 and south until it discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The flow capacity of the canal and structures in the Main upstream of the U.S. 41 bridges will be increased. At the downstream discharge of the Main canal a spreader lake with a control berm elevation of2.5 NGVD will be constructed to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge. South of Rattlesnake Hammock Road a weir will be constructed at Doral Circle to raise the normal stage elevation to 4.0 to eliminate current over drainage. The proposed plan will extend the Main canal system upstream using the stormwater management system of the Royal Wood Development. A network of smaller canals, weirs and swales is proposed to provide appropriate flood relief without over draining existing wetlands. One new canal system will be extended from the northeast comer of Royal Wood to serve the northeast portion of the Lely Canal Basin area. The canal will extend from Royal Wood upstream to the southern edge of a wetland area near Cope Lane. Three weirs will be placed in this canal to maintain water levels in the wetland areas and to cause flows to continue to pass through a historic slough lying in a northeast to southwest direction across Cope Lane, Country Road and Whitaker Road to provide lateral distribution of excess flow into the proposed canal. Water levels in these swales will be maintained by the downstream weir control elevations. The weir structures have gates that allow lowering water levels if needed after or in preparation for a major storm event. Also an east to west canal will collect part of the drainage from the area along Sandy Lane. It will also provide a cross-basin connection that will normally be closed, but K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 2 Agenda Item No. 10F May 9,2006 Page 13 of 70 in special emergency situations can be opened to allow interconnection ofthe Lely Canal Basin and the Lely Manor Basin systems. A culvert and canal system will also extend from the northwest comer of Royal Wood up to Whitaker road. It will provide added capacity for flood relief for the downstream end of the slough and for the area between Royal Wood and Whitaker. A tributary called the "Branch" joins the Lely Main Canal a short distance upstream of the U.S. 41 Bridge and east ofthe intersection of U.S. 41 and Rattlesnake Hammock Road. The Branch provides drainage for the developed area along the Florida Power and Light Corporation right- of-way north of Rattlesnake Hammock Road, the areas surrounding Loch Louise and Crown Point developments located south of Davis Boulevard, and the developments along the north side of Davis Boulevard. The proposed plan calls for increasing the capacity of the Branch downstream of Loch Louise, reconstructing the Loch Louise weir, constructing a new weir at the northern end of the existing triple box culverts under Davis Boulevard, and extending the collection system along the north side of Davis Boulevard to its full planned length east of Santa Barbara Boulevard. The project along the Branch system also includes constructing a weir structure at the intersection of the Haldeman Creek Basin system and enclosing an existing ditch south of Loch Louise (the north ditch of Riviera) in a storm drain. Elsewhere in the Lely Main Canal system, improvements associated with three road projects, Rattlesnake Hammock Road, County Barn Road and Santa Barbara Boulevard Extension will have LASIP drainage features either constructed or made active. The majority of wetland impacts of the proposed project are related to modifications involving excavating existing canals. However, there are some areas where new canal and swale construction will create new wetland impacts, although extensive effort was made to avoid or minimize these impact areas. The capacity of the Main Canal downstream of U.S. 41 is to be increased by excavation to a larger cross section and the construction of an outlet spreader lake designed to flow into existing wetlands immediately to the south, west and east ofthe canal. Wetlands will be impacted by this K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 3 Agenda Item NO.1 OF May 9,2006 Page 14 of 70 construction but impacts are offset by the improved flow conditions into the existing receiving estuarine wetland area. Lely Manor Canal- The Lely Manor "Main" Canal collects stormwater from within the Naples Manor subdivision, developments to the north, and from the drainage area to the northeast of Naples Manor subdivision. Storm water then flows west to the U.S. 41 culvert which discharges into a wide canal oriented east to west eventually discharging into a large fresh water marsh. The lower main begins south of the marsh and discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. A number of smaner canals provide internal drainage for the Naples Manor subdivision and discharge into the U.S. 41 road ditch. Stonnwater in the road ditch flows through three additional culverts and to the south and then to the west to the lower main canal. The proposed plan downstream of U.S. 41 is to increase the capacity of the main canal to provide flood relief for upstream areas. Additionally, a weir will be constructed to prevent over drainage of a large wetland marsh and a spreader lake will be constructed to prevent over drainage while eliminating the current problem of a freshwater point discharge. The plan will also create a new north/south canal system roughly along the east side of sections 30 and 31 of Township 50 South Range 26 East. The existing canals that currently divide a historic sloughlfloW\Vay will be abandoned (by future development plans of the land owner), a pump station will be installed to re-hydrate the slough, capacity improvement will be made to the existing canals extending from U.S. 41, and a new discharge point will be created by constructing a spreader lake adjacent to another wetland floW\Vay system that has been cut off from historic sheet flow for many years. Upstream ofD.S. 41 the proposed plan will make capacity improvements to the north perimeter canal of Naples Manor, including construction of a weir at Warren Street to reduce current over drainage impacts to adjacent wetlands. Capacity improvements will be made to the canal along the north side of U.S. 41 to allow for lateral distribution of storm water to all the culverts crossing K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 4 Agenda Item NO.1 OF May 9, 2006 Page 15 of 70 beneath U.S. 41. For safety and capacity reasons, one existing channel within the Naples Manor subdivision will be enclosed in a pipe. Upstream ofthe Naples Manor subdivision, the southern end ofthe existing Rattlesnake Hammock slough will be benned and a discharge weir constructed to prevent current over drainage into the north perimeter ditch of the Naples Manor subdivision. North of Rattlesnake Hammock Road the existing piecemeal system of ditches will be modified to create a manageable stonnwater system. Strategically located culverts, weirs, and channel improvements will direct stormwater flow existing remnants of the northern end of the Rattlesnake Hammock slough. Weirs are located with control elevations to provide flood protection while keeping the adjacent wetlands as wet as possible. A major component of this reconstruction involves connecting the existing perimeter canals around the Wing South Airpark into the Lely Manor Basin canal system. The areas of wetland impact are at and near the proposed discharge spreader lakes, the wide main canal south of U.S. 41 and the lower main canal, the proposed new Region 5 East outfall canal, areas near the County's South County Water Reclamation Facility, and areas around the Wing South Airpark. The impacts are minimized by installation of weirs to maintain water levels and to promote replenishment of existing wetland areas in the lower and upper parts of this basin. A weir is proposed at the upper end of the lower main canal to maintain water levels in the fresh water marsh. A weir is also proposed north ofthe Wing South Airpark to maintain water levels in the extensive wetland preserve areas of developments to the north. The majority of wetland impacts of the proposed project are related to modifications involving excavating existing canals. However, there are some areas where new canal and spreader lake construction will create new wetland impacts, although extensive effort was made to avoid or minimize these impact areas. An easement is required across the parcels indicated on the exhibits for the purpose of construction ofthe described drainage facilities as well as access for maintenance of the system when constructed and in operation. K;\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 5 Agenda Item No.1 OF May 9, 2006 Page 16 of 70 Staffhas considered the following factors before concluding that this easement must be acquired, and this memo serves to summarize them for the Board's benefit. 1. Alternate Routes Alternate alignments and configurations of the proposed improvements have been exhaustively analyzed as part of the design and permitting process for the LASIP system. A detailed alternatives analysis was prepared for the permitting agencies and is presented in a document entitled "Lely Area Stormwater Improvement Project" dated October 2001. Throughout the permitting process each alternative configuration was reviewed and debated and it has been determined that the current design is the one that provides the most public benefit with the least environmental impacts. 2. Safety Factors Construction of the LASIP improvements will provide needed stormwater outfall capacity for the Basin and thereby reduce the threat and damage of flooding. 3. Lone Ranee Plannine: Factors The LASIP improvements are part of the County-wide plan to improve the level of service for flooding and flow-way enhancement within the Basin and further the stated goals, objectives, and policies of the drainage/stormwater management sub-element of the Collier County Growth Management Plan to unify and implement the County-wide Stormwater Management Plan that provides an acceptable level of service for stormwater controls and environmental management objectives. The project improves the LASIP regional stormwater management system and natural flowways within the area. K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 6 Agenda Item NO.1 OF May 9, 2006 Page 17 of 70 4. Environmental Factors The LASIP system has been designed to limit the amount of environmental disturbance as much as possible. Natural flowways and sloughs have been preserved and incorporated into the design as much as possible. A pump system has been included in the design to re-hydrate an existing wetland slough by pumping excess stormwater from within the LASIP system into the slough. Weirs have been incorporated in the design in order to avoid over-draining the Basin. Spreader lakes have been designed at the ends of the three major outfalls to disperse the discharge as sheet-flow to the receiving waters/wetlands. 5. ~ Cost to provide the LASIP improvements have been carefully considered as part of the alternatives analysis and design of the project. As the project has been refined during the design and permitting process, more specific costs have been developed and considered as part of developing a financially feasible construction phasing and Capital Improvement Program. The design of the improvements maximizes the improvement benefits while minimizing the amount of impact to the environment and adjacent properties. We are pleased to advise you that the construction of the first phase of this project is anticipated to commence during fiscal year 2006. Thank you for your time and review of this vital information. K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 7 Agenda Item No, 10F May 9, 2006 Page 18 of 70 Co.r County - ~- _ ..A Memorandum To: J ames Mudd, County Manager EXHIBIT "D" From: Norman Feder, Administrator Transportation Services Division Date: April 3, 2006 Subject: Condemnation Resolution for LASIP Phase 1 On May 9, 2006 the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to construct portions of the Lely Area Stormwater Improvement Project (LASIP). The property will provide the necessary land to construct a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6 which has for years experienced an increasing level of drainage related problems. Obtaining all necessary LASIP State and Federal environmental permits has been has been a very long and arduous. An Environmental Resource Permit from the South Florida Water Management District was issued on October 13, 2004 authorizing construction and operation for phase one of the project and conceptual approval of all future phases and the remainder of the project. This phase one construction authorization expires on October 14, 2009 per special condition number one. All phase one construction must be completed prior to this date. Conceptual approval for the remainder of the project must be renewed every two years from date of issuance (October 13, 2004) by submittal of a permit modification application requesting construction authorization of the next phase. An Army Corps of Engineers permit was issued for the entire project on July 25, 2005. This is a construction authorization for the entire project which expires on July 25, 2015. With these two critical permits now issued, construction planning is well underway with commencement of a portion of phase one construction following the 2006 rainy season. Right of way (easement) acquisition is essential to complete phased construction of this project within the regulatory permit timelines. The following sections of LASIP are anticipated to commence construction this year. They are permitted with all necessary easements acquired. 1. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely Branch Canal from Rattlesnake Hammock Road north to the southeast comer of the Kings Lake Community. Improvements to this section of canal will be completed in two phases. Page 1 of3 Agenda Item No. 10F May 9, 2006 Page 19 of 70 2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located immediately north of the Naples Lakes Development, as required mitigation by the South Florida Water Management District and the Army Corps of Engineers. This work will proceed in phases. The first phase will include hand removal of all exotic vegetation in select areas. Subsequent phases will include mechanical clearing of exotics in other more heavily impacted areas followed by replanting with native species. An annual maintenance and monitoring program will also commence for a minimum of five years. A small passive park with a mulched trail and wildlife observation deck is also planned. 3. Construction of LASIP components associated with the Rattlesnake Hammock Road Improvement Project. This includes installation of approximately 3,500 feet of box culvert which will convey off site storm water flows to the west and south. 4. Construction of LASIP components associated with the four laning of County Barn Road. This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch LASIP elements planned to commence construction in 2007 and 2008 that are permitted but require easements and are: 1. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the north side orus 41 to the south side of Rattlesnake Hammock Road. 2. Construction of the Treviso Bay (AKA Wentworth Estates) LeJy Manor East Outfall Canal, approximately 7,100 feet in length. This includes a seven (7) acre spreader lake located at the downstream (southern) end of the project and a stormwater pumping station located at approximately the canal's midpoint. The pumping station will lift surface water out of the canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge into Rookery Bay National Estuarine Research Reserve. The Treviso Bay Development has committed to convey to Collier County all LASIP easements necessary within their project area. The remaining easements necessary to construct the Lely Manor East Outfall Canal are all located adjacent to Treviso Bay Development. Construction of LASIP is currently planed to occur in a total of six (6) phases with each phase including several elements in different locations during years 2006 through 2011. Depending on funds available this work may be required to be distributed over an additional 2 to 3 years. Some future phases include elements currently only conceptually designed which will require additional easements. The easements included in this condemnation resolution make comprise all parcels necessary to complete construction through the first three phases. The LASIP Construction Phasing Plan is attached. Also attached is a technical memorandum from Daniel W. Brundage, P .E. with the firm of Agnoli, Barber and Brundage, Inc., Professional Engineers, Planners, and Land Surveyors. This memorandum summarizes the factors necessary to consider approval of the Condemnation Resolution for acquisition of all parcels necessary for construction of elements I and 2 of the Page 2 of 3 Agenda Item No.1 OF May 9, 2006 Page 20 of 70 project's first phase. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. Thank you for your time and review of this vital information. Attachments: (1) LASIP Construction Phasing Plan (2) Technical Memorandum from Daniel W. Brundage, P.E. Cc: Project File 511012.07 Page 3 of3 LELY AREA STORMWATER IMPROVEMENT PROJECT CONSTRUCTION PHASING PLAN T RADIO RD RADIO RD. ~ ,<:) ~ - <S' tI) ~ .s;.'? c:i l.l:: ~ ,>'?- ... C1 _f fi1 It') <!: ~ 0> ::::i " n;l._ 0:: ~ S :! CI) tl. ^ <: ~ ~ l.l:: ~ !!; C ~ ~ m p 0 (,) ,.;.,Eit. 17 f m Q -+"'-1 em rO::J(JD 1 :...:: ...,.- fli)_..:.r-= '-::.C -=:-,::~' ~",~_..",..._,.,......", . j' I ~ :''CL! L.,.._ b:-' ._,'/ ,A....-.... &In I is "*: G:l q. m fa .~( ~ till< !' RA TTLIE ~NAKE HAMMOCKRD " , tt:~".. "-:'J"-.'."'-'" ""it:H-". -"'.......,.. 9 ,'- W " r--- " ,> Legend ~ ~ ~ Ph... No. Start Date ~ ...... 1 2006 ~ -, fa ..'-' ED ~.._._"_.~ 2 2007 "'r-" ' , '. . j .~', 3 200B 1 ...:::::-- 4 2009 ~ ~ + :\ 5 2010 ~, +-+- 6 2011 'IS "'. m " D Project Bound.ry a;- 0 0.5 1 ~ r EXHIBIT AI f I I l Miles / LASIP Construction Phasing Plan 16 MlljallliCll'll.lllnd RMlorlltlon (Plentlnn . PH 2' $ 828 000 17 Nolthwell Roval Woad $ 2856 000 Pllaae Y.., No. Prolect Name Est. eo.t 18 Roval WoDd 1.8/(8 lnterconneots S 1.904,000 , Rallle SlUlke Hammack $ :2 900.000 .. 2009 19 SlInd" l.llIneJWin.......uth InlerCXtnl'>f1Ct S 1 428 000 2 Countv Bam Road $ 6000 000 20 Whhllker RlJIId ill 635.000 I 2001 S LIIIII Branch Cansl /Rat Ham 10 KinDt Lake) PH 1 is 1 422 000 2' Haldem.n Creek t'CS Rd . Rlverta\ :$ 1 587 000 <I Mllialltlon Land ReatonIlioll t'CllI8rinc) , 378,000 22 TnwiUlO 8ev West Canal IL.lIIly Manor) PH 1 $ 2,648.000 001 'T otal S 10;roo.llOO 2DOI Total ! $ 11,881.000 I Llliv Branch Car1llllRel Ham 10 Kino. Lake PH 2 3 228 DOQ 2S Tl1IVlUIO 8111 West Car1ll1 (Lelll MInor) PH 2' , s 1 767 000 6 NOl'theelll Rovel Wcod $ 1 22<11 ODO 24 Tnwl8lO Bav N<<Il1 Canel $ 5 '41 000 7 C~ Road S 13fi.000 26 NIl"'" Manor Outl." No <4 S 885 620 2' 2007 8 CoM Lane S 48 000 2lI NII!l1e&M1Inor OutfenNo.3 $ 5'4 '40 . R0II81 Wood LaIc8 lnll1l'C01lneol lone onlvl S 408 000 l5 :Z010 ::r Ollvlll Blvd, Walr $ 514 1<10 '0 Lei Mllln Canal lEact Wll$I S of Rill Haml 5 , .380 000 28 OIl1iliBllld. $ 514 140 11 L.e Main Canlll (SablIl BW) PH 1 S 2.<410,000 2liI WiI'lMDUlh Almartc WeeI Crnannel $ 8se.900 2C T otIIl IS 8,812.000 30 W'l'IClClufh AIl'DaI'1c Ealll Chlll1nel S 771,210 12 $ 1 91~~ 12010 row $ 1 , Le BTlInCn Cansl (US 41 10 Rid HIm 13 Le Main CaneHSabal Ball) PH 2 S 5,626,000 31 NWi_ M1mor North Canel S :3 517,000 3 2008 14 Tnwiso Bav ed lL8lV-Ma1lOtl $ 3 967.000 . 2011 S2 Ne"'.Menor Ci1:ch Endow", $ 1 865.000 15 Mitigation l.llInd Reelcnlllon (pl8ntlnll . PH 1) $ 11<11.000 33 U.S. 41 Ci1:ch $ 2.777.000 2008 T ObI I S 11.817.000 2011 Total 1$ 7.160.000 ProIec:t otIIl S 61.7111,080 PRIEPARIED BY: COWER COUNTY TRANSPORTATION SERVICES DIVISION STORMWATER MANAGIEMENT DIEPARTMENT Agenda Item No.1 OF May 9, 2006 Page 22 of 70 RESOLUTION NO. 2006._ A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS AND PERPETUAL, NON-EXCLUSIVE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTING STORMW A TER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES WHEREAS, the Board of County Commissioners desires to improve the treatment and control of stormwater in the East Naples Area in order to alleviate flooding; and WHEREAS, the Lely Area Stormwater Improvement Project consists of improvements to an existing drainage system for an 11,100 acre plus or minus area located in East Naples; and WHEREAS, the drainage improvements as part of the Lely Area Stormwater Improvement Project include the widening and deepening of existing canals and ditches, constructing new canals, constructing new surlace water control structures (weirs), improving existing surlace water control structures, constructing spreader lakes and berms, and constructing a pump station; and WHEREAS, the Lely Area Stormwater Improvement Project (CIE Project No. 291) is in accordance with both the Capital Improvement Element and Drainage Sub-element of the Growth Management Plan; and WHEREAS, the real estate interests necessary for construction of the proposed improvements are collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn the Property for public purposes. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that it is necessary and in the public's best interest to acquire the property described in Exhibit "A" (the "Property") for the purpose of constructing the improvements proposed as part of the Lely Area Stormwater Improvement Project located in East Naples, and for providing access to the improvements. in order to protect the health, safety and welfare of the citizens of Collier County. Agenda Item NO.1 OF May 9, 2006 Page 23 of 70 AND IT IS FURTHER RESOLVED that acquisition of the Property and construction upon the Property is part of the County's long range planning effort to alleviate flooding in the East Naples area. AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports concerning alternative locations for the project, various impacts to the environment. public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition. and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A" attached hereto and incorporated herein are necessary for the construction of the Lely Area Stonnwater Improvement Project. AND IT IS RJR THER RESOLVED that all of the Property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift. purchase or condemnation. in accordance with the provisions of Chapters 73. 74 and 127. Florida Statutes. the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and therefore it will not be necessary to remove any mobile homes from the Property to be acquired. This Resolution adopted on this _ day of . 2006, after motion, second and majority vote. A lTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: FRANK HALAS, Chainnan Approved as to form and legal sufficiency: ~4f~ Heidi t. Ashton Assistant County Attorney Condemnation Resolution Page 2 FEE SIMPLE INTEREST PROJECT NO. 511012 PROJECT PARCEL NO. 101 FOLIO NO. 00442080002 Agenda Item NO.1 F May 9,2 6 age 24 of 0 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Lot 29, Block B, a tract of land located in the Northwest Quarter (NW % ) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the West Quarter (1/4) Corner of Section 32, run N 02048'30" E a distance of 150.91 feet along the West line of the NW % of Section 32; thence run N 59057'30" E a distance of 356.78 feet to the Point of Beginning of the parcel of land hereinafter described: Thence run N 02048'30" E a distance of 176.36 feet; thence run S 89038'10" E a distance of 292.74 feet: thence run S 59057'30" W a distance of 348.14 feet to the Point of Beginning. AND Lot 43, Block B, a tract of land located in the Northwest Quarter (NW % ) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the West Quarter (1/4) Corner of Section 32, run N 02048'30" E a distance of 150.91 feet along the West line of the NW 1,4 of Section 32 to the Point of Beginning of the parcel of land hereinafter described: Thence continue N 02048'30" E along the West line of Section 32 a distance of 207.09 feet; thence run S 89038'10" E a distance of 300.00 feet; thence run S 02048'30" W a distance of 26. 36 feet; thence run S 59057'30" W a distance of 356.78 feet to the Point of Beginning. WEST LINE OF SECTION 32 ~~HI~I~~ N SKETCH NOT TO SCALE Comer County Transportallon Engineering and ConstructIOn Management Department 121201053:06 PM PROJECT NO. 511012 IVla PagE FEE SIMPLE PROJECT PARCEL NO. 105 INTEREST FOLIO NO. 00445200009 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THAT CERTAIN PARCEL OF LAND located in the Northwest Quarter (NW 1.4) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, more particularly described as follows: The South 150 feet of the North 2,100 feet of the West 300 feet of said Section 32. WEST LINE OF SECTION 32 'Mf<'" 150 fEET I~ EXHIBIT -A- N Page~of~ SKETCH NOT TO SCALE Agenda Item No. F 9,2 6 250 0 Collier County Transportation Engineering and Construction Management DepertmeM 12120105 3:32 PM Agenda Item No. F May 9,2 6 e 26 0 0 PROJECT NO. 511012 PROJECT PARCEL NO. 801 FOLIO NO. 60760040003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 (BLOCK "A") N PERPETUAL. NON-EXCLUSIVE DRAINAGE EASEMENT XHIBIT A_ Pege-2-of~ SKETCH NonD SCALE Collier County Transportation Engineering and Construction Management Department 04106/00 4:09 PM PROJECT NO. 511012 PROJECT PARCEL NO. 802 FOLIO NO. 60781160005 Agenda Item No. F May 9, 2 6 e 27 0 0 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "B" ) N EXHIBIT ....cL Pege~~ PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 04106/064;09 PM Agenda Item No. F May 9, 2 6 e 28 0, 0 PROJECT NO. 511012 PROJECT PARCEL NO. 803 FOLIO NO. 60782320006 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "C," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "C" ) N PERPETUAL. NON-EXCLUSIVE DRAINAGE EASEMENT HIBIT ~ Page~~ SKETCH NOT TO SCALE Collier County Transportalion Engineering and Construction Managel11llnl Department 04106/06 4:10PM Agenda Item No. F May 9, 2 6 e 29 of 0 PROJECT NO. 511012 PROJECT PARCEL NO. 804 FOLIO NO. 60784520008 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULAAL Y DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 31, BLOCK liE," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 31 N PERPETUAl, NON-ExCLUSIVE DRAINAGE EASEMENT E,XHIBIT -A- Page~..:iL SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Depa~ment 04106106 4:10 PM PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT 51101;t PARCEL _ ,_ 800 FOLIO 00 -4<\ ~ z.80C95" P.O,B. NW COR. SEC. 32. TWP. 50S, RGE. 26E S 89038'10" E 300,00' b ~ 0 ci b It) M ..,. io ..,. N en P.O.B. I N 89038'10" W 300.00' ~ ~~ w PARCEL ace ~o b TAX PARCEL 52 _ 0 C') co . io 0 ..,.0 It) o on ..,. ..- I N ..- N z en 300,00' ~mw... foION.EXCUJ8NE DRAINAGE EAIEMENT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOllOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32 450.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02"48'30" W 150.00 FEET; THENCE S 89"38'10" E 300.00 FEET; THENCE N 02048'30" E 150.00 FEET; THENCE N 89038'10" W 300.00' TO THE POINT OF BEGINNING. EXHIBIT A P.-"Lof~ GENERAL NOTES 1) P.D.C. = POINT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING 3) SEe, = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RfW = RIGHT OF WAY 7) All DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~~dL~__ ~~ RICHMOND P.L.S, 2406 COLLIER COUNTY PUBLIC WORKS 3301 E, TAMIAMI T-RAI( NAPLES, FLORIDA 34112 AL DATE FILE NO. NOT TO SCALE JUNE 8, 2000 GWY817 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT , '::1~ " No. OF Me y 9, 2 06 Pag~ 31 0 70 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 P.O.B. NW COR. SEC. 32, TWP. 50S, RGE/ / S 89038'10. E SKETCH OF DESCRIPTION NOT A SURVEY PROJECT SIIOI%. PARCEL 809 FOLIO oo~ 4 '5S~ 0tX26, 300 .00' e:. ~ ~q b !"> !:i > N C/') 11 N 89038'10. W 300.00' ~ w ~~ N Z S 89038'10. E 300.00' ~ET~ NON-EXCLUSIVE DIWNAGE EASEMeNT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02048'30. W ALONG THE WEST LINE OF SAID SECTION 32 600.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30. W 300.00 FEET; THENCE S 89038'10' E 300.00 FEET; THENCE N 02048'30. E 300.00 FEET; THENCE N 89038'10. W 300.00' TO THE POINT OF BEGINNING. ' " ~~~-1z: GENERAL NOTES 1) P,O.C." POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC. .. SECTION 4) lWP, .. TOWNSHIP 5) RGE. = RANGE 6) RNJ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: ~~__d~~Q_ tGEORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 SCALE NOT TO SCALE DATE JUNE 8, 2000 I FilENO. GWY818 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT F 6 o 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT SlID!2- PARCEL _ 810 FOLIO ~0-44 3(,,4000 I P.O.B. NW COR. SEC. 32, TWP. 50S. RGE. 26E ~ S 69038'10. E 300.00' . o M Co V . N CI) P,O.B. N 69036'10. W 300.00' ~~~ v ~ I N CI) PARCEL 810 TAX PARCEL 61 w o. !'>8 ~g N..... Z '60'_. 300.00' PERPETUAL, NON~USIVE DAAINAOE EASEMENT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE S 02048'30. W ALONG THE WEST LINE OF SAID SECTION 32 300.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30. W 150.00 FEET; THENCE S 89038'10. E 300.00 FEET; THENCE N 02048'30. E 150.00 FEET; THENCE N 89038'10" W 300.00' TO THE POINT OF BEGINNING. EXHIBIT -A-- Page , tJf-AZ.... GENERAL NOTES 1) P,O,C." POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP, ~ TOWNSHIP 5) RGE. = RANGE 6) RNI = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEAlED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: _~--Lf2~~ !!:~:=..__. ~RGE R. RICHMOND P .L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE FILE NO. NOT TO SCALE JUNE 8, 2000 GWY816 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT No. OF M Y 9, 2 06 Pa9 33 0 70 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT PARCEL_" ell FOLIO OO"'~3G:.B 0003 "7110./2. P .0,8. NW COR. SEC. 32, TWP. 508, RGE. 26E S 89038'10" E 300.00' 8 ~ g b (0 r> .... ~ N C/) P.O.B. N 89038'10" W 300,00' ~ I ~. I ~ ~ ~PARCEL" 8/1 C/) 60' 1___ TAX PARCEL 62 I I w b r> ~ N z 889 38'10" E 300.00' PEfIIE'f\W..NQN.EXCI ~ DIItMWJE EAtIlB8n" LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02048'30. W ALONG THE WEST LINE OF SAID SECTION 32 1650.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30. W 300.00 FEET; THENCE S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 300.00 FEET; THENCE N 89038'10" W 300.00' TO THE POINT OF BEGINNING. EXHIBIT -A- Page I () tJf~ GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING 3) SEC, ., SECTION 4) TWP. = TOWNSHIP 5) RGE. "' RANGE 6) R!W .. RIGHT OF WAY 7) AlL DISTANCES ARE IN FEET AND DECIMAlS THEREOF 8) NOT VAliD UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~REP RED BY: - -:::-~LL 6t.r/o~__ EORGE R. RICHMOND P.L.S, 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE L NO, JUNE 8, 2000 GWY824 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT F 6 o 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT SlI'IZ PARCEL 81 Z- FOLIO 00..q4 ~,z 0002. P.O.B. NW COR. SEC. 32, TWP. 50S, RGE. 26E s: b l'? to '<t 0 N C/) P.O.B. I s: ~~ b .., to '<t 'l) I 0 T'" N C/) S 89.38'10. E 300.00' N 89038'10. W 300.00' PARCEL. 8) 2. TAX PARCEL 63 w 20 ,., 0 CIO . ~g NT'" Z 300.00' PERPETUAL,N~CLUSNe DRAINAGE EASEMENT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02048'30. W ALONG THE WEST LINE OF SAID SECTION 32 150,00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02.48'30. W 150,00 FEET; THENCE S 89038'10. E 300.00 FEET; THENCE N 02048'30. E 150,00 FEET; THENCE N 89038'10. W 300,00' TO THE POINT OF BEGINNING. EXHIBIT ..lL page..JLm .....A.:L GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PRqFESSIONAL LAND SURVEYOR PREPARED BY: C;;~z?L!~00o ____ ~GEORGE RRICHMONo P:LS. 2406 COLLIER COUNTY- PU~LlC WORKS 3301 E. TAMIAMI'TRAIt. NAPLES, FLORIDA 34112 DATE FILE NO. NOT TO SCALE JUNE 8, 2000 GWY815 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT No. OF 9,2 06 35 0 70 3301 EAST TAMIAMllRAIL NAPLES, FLORIDA 34112 (941) 774-8192 S 89.38'10. E 300.00' :: b .., ~ ('I II) P.O.B, N 89038'10. W 300.00' == ~}~ w PARCEL 815" ~g g TAX PARCEL 103 co . Co ';f"~ ';f" It) I ~ ('I.... ('I z II) 300.00' SKETCH OF DESCRIPTION NOT A SURVEY PROJECT SilO 1 7- PARCEL Cl\S- FOLIO ~o'"'l4 S'.J ZOotJl., P.O.B. NWCOR. SEC. 32, TWP. 50S, RGE. 26E I Mr E1\W., NON-PICII'" ___ IAI88n' LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOllOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02.48'30. W ALONG THE WEST LINE OF SAID SECTION 32 900.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02.48'30. W 150.00 FEET; THENCE S 89.38'10. E 300.00 FEET; THENCE N 02.48'30" E 150.00 FEET; THENCE N 89038'10. W 300.00' TO THE POINT OF BEGINNING. ~~H~~:A: GENERAL NOTES 1) P.O,C, = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC. = SECTION 4) lWP. = TOWNSHIP 5) ROE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~REP ED BY: 4 ;1 / - 7di?~- dioO__ EORGE R. RICHMOND PLS. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAit NAPLES, FlORIDA34f12 DATE FINO. " GWY819 SHEET 1 OF 1 NOT TO SCALE JUNE 8, 2000 Agenda Item NO.1 F May 9,20 6 e 36 of 0 PROJECT NO. 511012 PROJECT PARCEL NO. 816 FOLIO NO. 60783320005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF THE SOUTH 158 FEET OF LOT 1, BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "E" ) N ~. NON-EXCLUSIVE DRAINAGE EASEMENT EXHIBIT ..A- Page.J!..J,f ..:ll- SKETCH NOT TO SCALE Colll.r County Transportation Engineering and Construction Menagement Department 041061064:12 PM / / ,/ /l~) /1\ ""', ;/1/ \ \ \, ""- /' / \ \\ / "'" '" /' " / / \ \ '. "'" / i/'" "'. /.I/ / \ \ \ "'-'''- "~/' /'-'''' .r -Y~~ "'''''- <~ \ \\ ~.... " "",/ / //'.... ~ ',. '>,: -Y;}t-.,-f.(J. V"'" \ \) "'~,. 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PROJECT PARCEL NO: TAX PARCEL NO. 7599 728 13 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) ~ ~~~; .:y. c,c,'t' @ @ POINT OF BEGINNING v; ::) .............,. VALLE 154.06 ........ .....: STREAM DR. TRACT M".................... LEL Y GOLF ESTA TE:S TRACT MAP (P.B. 8, PG. 20) @ (O.R. 2485, PG. 627) PARCEL 728 ~ PROPOSED 10' T.C.E. \ -~~~~~~~~-------- -,--- -~n~------- (PR/VA TE ROAD) NOR THEA S TERL Y RIGHT-OF-WAY LINE OF U.S. 41 )Q - 115 "It' ~ @ ") ...J ;( ~ ~ < ~ ~ DRAINAGE EASEMENT SECTION 19, TWP. @ 50 5., RGE. 26 E. TRACT L LEL Y GOLF ESTA TES TRACT MAP (P.8. 8, PC. 20) CONSTRUcTION EMENT (DURAnON: 3 S FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT A Peae 2~ of:E PREPARED BY: SHEET 1 OF 2 UNDAGE..." ProI.RIoDaI ...,m...... plaDllOn, " land ."""'7"n c.-. ~ ..... _. 'HOO ~ ..... -.r\Iu ........ no Na.. (N1)UT-IUl 1M ~ IiMtII 101. 1_ ....., IbMt,. hft .,.., no .... ("'.I)II1'-IUl ~ II ~ ... LI ... ... a ... ,., (Nl___ 01/11/06 10' T.C.E. 03/27/06 PARCEL 728 BY: GUY P. ADAMS. P.S.M. NO. 4390 SCALE: 1" ... 100' DRAWN BY:.....!AtL. DA TE: JULY 16. 2002 CHECKED BY:..GfA PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289-728 Agenda Item NO.1)F May 9, 2 06 Page 50 of 70 PROJECT: NO. 75QQ PROJECT PARCEL NO: 728 TAX PARCEL NO. 13 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 728 THE SOU THEA STERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R. BOOK 2485, PAGE 627); THA T PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN SOUTH 89'32'18" WEST ALONG THE NORTH LINE OF SAID TRACT M, FOR A DISTANCE OF 457,44 FEET; THENCE SOUTH 28'33'33" WEST 527.00 FEET TO A POINT OF CUR VA TURE OF A CURVE CONCA VED TO THE NORTHWEST; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 970.00 FEET, A CENTRAL ANGLE OF 19'27'56", A CHORD BEARING SOUTH 38'17'.31" WEST A CHORD DISTANCE OF 327.96 FEET, A DISTANCE OF 329.54 FEET; THENCE SOUTH 48'01'29" WEST 400.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTH 41"58'31" EAST 300.00 FEET; THENCE SOUTH 48'01'29" WEST 341.80 FEET TO A POINT LYING ON THE NOR THEAS TERL Y RIGHT-OF-WA Y LINE OF U.S. #41; THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WA Y LINE OF U.S. #41 NORTH 39'06'20" WEST 361.75 FEET; THENCE LEAVING THE SAID NORTHEASTERLY RIGHT-OF-WAY LINE RUN 166.83 FEET ALONG THE ARC OF A CURVE CONCA VED TO THE SOUTHEAST HA VING A RADIUS OF 558.01 FEET AND SUB TENDED BY A CHORD HA VING A BEARING OF NORTH 59"27'36" EAST AND A CHORD LENGTH OF 166.20 FEET TO THE POINT OF REVERSE CURVE; THENCE RUN 764.06 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE NORTHWEST HA VlNG A RADIUS OF 470.00 FEET AND SUB TENDED BY A CHORD HA VING A BEARING OF NORTH 58'01'29" EAST AND A CHORD LENGTH OF 16.3.23 FEET TO THE POINT OF BEGINNING. "" EXHIBIT A P8ge-Z:Z...of ~ .i- ". ~;'._:. ~ ~ i -- - .......... ~ . .~ .... -.....- ... ~ ~ " ~..... TEMPORARY CONSTRUC11ON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT1ON) 1'0" I PREP ARED BY: BEARINGS ARE BASED ON THE LEL Y GOLF 5TA TE:S TRAC AP PLA T 800K 8, PAGE: 20, COLU~ COUNTY, FLORIDA SHEET 2 OF 2 ....IE a:i: NOU SE!!! Eft " ...... UNDAGE ..... ... - .~ p.......,... .. - """'""'... ~ c::..IIrl .... ... ,.. .......... IlI'IIIL ... ....... ... Ml.1Ml~11J a.. .,....... .... Ill. ~ ....,.. ........ ~ ..... "_l Ml....lll ~ .. ....... .... y ... ... _ 11M ,.. ...1""- 01/11/06 10' T.C.E. 03/27/06 PARCEL 728 BY: GUY P. SCALE: N.~. DRAWN BY:....:.6ti.. CHECKED BY::.aE6. FILE NO: 8289 S, P.S.M. NO. 4390 DATE: JULY 18 2002 PROJECT NO.: 7SQQ-1 ACAD NO: 8289- 728 . /I PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO, SECTION HIBIT L 2,8 of~ Agenda Item No. F May 9, 2 6 Page 51 0 0 7599 B2B 13 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FlORIDA SKETCH OF ACCESS EASEMENT (NOT A SURVEY) LINE Ll LZ LINE TABLE LENGTH BEARING 50.Z7 S J8'59'10" E 61,ZO S 48'08'J8" W ~ ~if " 4' ~ e,v'f1 @ @ ............... VALL 164.06 ........ Cy SrRE,AIJ ....... "rvl DR. TRACT M.................... LEL Y GOLF ESTA TE:S TRACT MAP (P.B. a, PG. 20) @ C'.. (O.R. 2485, PG. 627) ~ ~tr- PARCEL 828 :1- ~ PROPOSED ACCESS ~ . _ EASEMENT \9> AREA =2, 142 SQ. FT. :t LZ' ~ NOR THEA S TERL Y RIGHT-OF-WAY LINE OF U.S. 41 POINT OF BEGINNING .- v vi ::) .....J ;( ~ ~ < :::E ~ (PR/VA TE ROAD) o l() <0 '" "" ~ @ I<) J41.80' DRAINAGE EASEMENT POINT OF COMMENCMENT MOST SOUTHERL Y CORNER OF TRACT M ... ...::: UNDAGE.- Protealoaa1 ...,m....., pia......... Ie land .......10... c.m. ~ ..... ... 'NOD T-'-l 'rnA. ........ ....... n. MIDI (Ml_-8111 ,.. CnatI'I ..... III, 1_ .....,. ~ PM --. n..... (Nl)117-8.U c.-..... ., .......... ..... 111 11I4 ... D 11M FuI (Nt___ PREPARED BY: CUR VE Cl CZ SECTION 19, TWP. 50 S., RGE. 26 E. TRACT L @2LELYGOLFESTATES TRACT MAP (P.B. 8, PG. 20) DELTA 74'00'57" 91'Z5'52" CURVE TABLE RADIUS ARC 18.78 24,26 45.00 71.81 CHORD BEARING S 80'JZ'50. E S 84'42'06" E CHORD 22.61 64,4J SHEET 1 OF 2 04/10/06 828 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1. - 100' DRAWN BY:~ DATE: MARCH 2B 2006 CHECKED BY:.J2fA PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289-828 Agenda Item No. 1 F May 9,2 6 Page 52 of 0 PROJECT: NO. 7599 PROJECT PARCEL NO: 828 TAX PARCEL NO. 13 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED ACCESS EASEMENT PARCEL 828 THA T PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHERL Y CORNER OF SAID TRACT M, LEt Y GOLF ESTA TES, THENCE NORTH 38 '59'10" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT M, FOR A DISTANCE OF 100.08 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 38'59'10" WEST 115.24 FEET TO THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.78 FEET, A CENTRAL ANGLE OF 74 'OO'S7", A CHORD BEARING SOUTH 80 '32'SO" EAST A CHORD DISTANCE OF 22.61 FEET, AN ARC DISTANCE OF 24.26 FEET; THENCE SOUTH 38'S9'10" EAST SO.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERL Y HA VlNG A RADIUS OF 4S.00 FEET. A CENTRAL ANGLE OF 91 '2S'S2", A CHORD BEARING SOUTH 84 '42'06" EAST A CHORD DISTANCE OF 64.43 FEET, AN ARC DISTANCE OF 71.81 FEET TO THE NORTHWESTERLY LINE OF A 100' WIDE DRAINAGE EASEMENT; THENCE SOUTH 48'08'38" WEST 61.20 FEET TO THE POINT OF BEGINNING. .' .... ... .',.' ~~- ~,~ ~-- .-' .. ... -............ ..-. ....., .,' ;,.~ '- ~ .....- .- - ....... ". '- .,;,.. ". .i -.. EXHIBIT -A- Page 2' of~ SHEET 2 OF" 2 NOU 04/10/06 ER " B2B ... UNDAGE_ Pnd_Dal .~ p-", ., Iou>4 .......yono c.a. ~ .... _. 'NIl ~ ...... __ ...... II. ...... (Nl)IIY-IUI ~ .,..." .... .'1. _ ....,. ....... .... ..,... 1'1. _. (Ml"'-IIU ."....... ., .......-. ... U ... all _ ... ... INI___ BY: GUY P. SCAlE: DRAWN BY: CHECKED BY:->>fA FILE NO: 8289 S. P.S.M. NO. 4390 DATE: IoAARCH 28 :;1006 PROJECT NO.: 7599-1 ACAD NO: 8289-828 . << Agenda Item NO.1 OF May 9,2006 Page 53 of 70 ~ PROJECT: NO. 7599 PROJECT PARCEL NO; 729 TAX PARCEL NO. 137 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF' TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) ~ 11f . #' /#.' (/ e,G ". @ Q3j) PEPPER WOOD CONDO Phase 1 POINT OF BEGINNING '" 200.00' VALLEY STREAM DR. (PR/VA TE ROAD) . .... ". ". TRACT Ai,................ LEL Y GOLF ESTA TES TRACT MAP (P.S. B, PG. 20) @ (O.R. 925, PG. 254) @ @ "8 o o .., '0 o o o .., PARCEL 729~ PR OSED 10' T.C. . @ -~~~~~~~- ---------- I}R::~~ ~A:ENT TRA C T A LEL Y GOLF' ESTA TES TRACT MAP (P.B. 8, PG. 20) SECTION 19, TRACT L @ LEL Y GOLF' ESTA TES 12 TRACT MAP (P. B. 8, PG. 20) TEWPORARV CONSTRUC11OH EASEMENT (OURATtON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT L Peoe~of~ PREPARED BY: SHEET 1 OF 2 NOU ER ,. UNDAGE_ Prof._1 ."Ii........ plamM... .. IaDd ".....yo" c.... c:..tr. .... .... ,,. ,.... ,.... ....... ...... II. MI_ (M.)I.,....Ul 1M Cna\r. .... ID!. __ ...." --. ... .,... II. __ (1")117-1111 CeIUIIade ., ~ II... &.a .... ... D ..... J'u:: (Nl___ 01/11/06 10' T.C.E. 03/27/06 PARCEL 729 BY: GUY P. ADAMS. P.S.M. NO. +390 SCALE: 1. - 100' DRAWN BY:....wA!i- DATE: JJL Y 16. 7007 CHECKED BY:....GfA PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289 729 I .. Agenda Item No. F May 9, 2 6 Pa e 54 0 0 ~.. PRO,J;;CT: NO. 7599 PRO,J;;CT PARCEL NO: 729 TAX PARCEL NO. 13 7 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 729 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R. BOOK 925, PAGE 254); THA T PORTION OF TRACT M, LEL Y GOLF ESTA TES, TRACT MAP, RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS; COMMENCE A T THE NE CORNER OF SAID TRACT AND RUN S 89" 32'18" W ALONG THE NORTH LINE OF SAID TRACT M FOR 457.44 FEET; THENCE RUN S 28"33'33" W FOR 527.00 FEET TO A POINT OF CUR VA TURE; THENCE RUN 329.55 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST HA VING A RADIUS OF 970.00 FEET AND SUBTENDED BY A CHORD HA VlNG A BEARING OF S 38"17'31" W AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY; THENCE RUN S 48"01 '29" W A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING (POB) OF THE DESCRIBED LANDS. FROM THE POB, RUN $ 48"01'29" W FOR 200.00 FEET; THENCE RUN S 41"58'32" E FOR 300.00 FEET; THENCE RUN N 48"01'29" E FOR 200.00 FEET; THENCE RUN N 41"58'31" W FOR 300.00 FEET TO THE POB. EXHIBIT A Page~of3Z: .~ . .. -... '"'" :: .."'" - .- .- ..-- ,-- :. ".-~ .. - TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) UNDAGE.-. Profeaaional enameera. plaJ::LUeln. at laad .1U"ftyorw c.-.. c-Q'I ..... 100, 74aO,....... fNII. ~ ...... ft. Mill (..1)1.,-1111 1M c:..a." ,,\II 1IJ., a_ ~ ..... r.t .,..., n. -... (..1)111'....111 c.aftoIW ., ~ II... ~ "'" ... . SIN ha (NI)MI-_ 01/11/06 10' T.C.E. 03/27/06 PARCEL 729 BY: SHEET 2 OF 2 PREPARED BY: BEARINGS ARE BASED ON THE my GOLF EST A TES 1RAC PLAr BOOK B. PAGE 20. COLLIER COUNTY. FlORIDA GUY P. SCALE: DRAWN BY: CHECKED BY: FILE NO: NO. 4390 DATE: .J.Jl Y 16 2002 PROJECT NO.: 7599-1 ACAD NO: 8289 729 .. PROJECT: NO. 7599 PROJECT PARCEL NO: 730 TAX PARCEL NO. 1312 Agenda Item No. F May 9, 2 06 Page 55 0 70 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A ". ". ~ SUR VEY)_ /. j/,~ ~.rf; :. ~ S. CJ'fl t':l ....... PEPPERWOOD:CONDO Phase 1 : Phase " POINT OF BEGINNING 200.00' VALLEY STREAM DR. (PR/VA TE ROAD) I......... .............................................................. @ @ @ 8 (O.R. 497, c Cl ~ ci PG. BB9) Cl TRACT M I") LEL Y GOLF ESTATES TRACT MAP @ (P.B. B, PG. 20) ---------7~s~~~~~~- I20croO'--- PARCEL 7JO PROPOSED 10' T.C.E. DRAINAGE EASEMENT 50 5., RGE. 26 E. @ TRACT L LEL Y GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) TEMPORARY CONSTRUCTION EASEMENT (DURATION:3VEARSFROM COMMENCEMENT OF CONSTRUCTION) TRACT A LEL Y GOLF ESTA TES TRACT MAP (P.B. 8, PG. 20) EXHIBIT -A- Page~ -AZ.. PREPARED BY: :::::: UNDAGE.... Prof.,81onal .qiDeen. plana.", at: land ~YO" c.m.- ~ .... .. T.tOG ,~ 'Ift&l. .....1 MIIIIM. n. M.II (NI)I"-I1U J.. c-."" .... 101. ._ ....,. ....... ..... ..,.... 1'1. _. (Nl)U'1-1UI ~ 0# ~ 11'_ 1,1I ... _. D .... hID (HI....... 01/11/06 10' T,C.E. 03 27 06 PARCEL 730 GUY P. ADAMS. P.S.M. NO. 4390 SCALE: 1" - 100' DRAWN BY:~ DATE: JULY 16 2002 CHECKED BY:-'ZeA PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289 730 BY: @ @g) --- / / / / / / / / / / SHEET 1 OF 2 ~ Agenda Item No. F May 9, 2 6 Page 56 0 0 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 730 13.12 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, F"LORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 730 THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND (OR. BOOK 497, PAGE 889); COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN S 89.32'18" ~ ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN S 28'33'33" ~ FOR 527.00 FEET TO A POINT OF CUR VA TURE; THENCE RUN 329.55 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 38. 17'31" W, AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN S 48.01'29" ~ FOR 200.00 FEET; THENCE RUN $ 41'58'31" E, FOR 300.00 FEET; THENCE RUN N 48.01'29" E, FOR 200.00 FEET; THENCE RUN N 41.58'31" ~ FOR 300.00 FEET TO THE POINT OF BEGINNING. .' .. .... .... ... ~- , ~ ~ . - '-.... . --- - . -. - . -. -. EXHIBIT -L Page 3~ of~ ,. -..-- ... -- ... ..:.:- :.--:- . :::::: UNDAGE.-=. Profu.ional ens1nnn. plann.n. ar: land eur..yon c:.m.o ~ .... .... 'NCIIO '1'........ tna, "-'Ill --.-. no NIDI (N1)111'-a111 lM CIWIv: '-Iw 101. I'" ....., MPM4.. f'IIIl1. ..,....,. no 11I01 CNL)SI7-alU ~ ., ~u.. .... la .... ... . .... ... (NJ)IM-,- 01/11/06 10' T.C.E. 03/27/06 PARCEL 730 BY: SHEET 2 OF 2 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCllON) PREPARED BY: BEARINGS ARE BASED ON THE La Y GOLF ESTA rES TRAC PLAT 800K 8, PAGE 20, COLLIER COUNTY. FLORIDA GUY P. A SCALE: DRAWN BY: CHECKED BY:.....GfA FILE NO: 8289 NO. 4390 DATE: JULY 16 2002 PROJECT NO.: 7599-1 ACAD NO: 8289- 730 J Agenda Item No. F May 9, 2 6 Page 57 0 0 PROJECT: NO. PRO..ECT PARCEL NO: TAX PARCEL NO. 7599 731 1310 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRU TI N EASEMENT NOT A REGENCY WOQDS CONDO . ......... ............................... ......... Phase II ". ". PEPPERWOOD:CONDO Phase 1 Phase II POINT OF BEGINNING @ @ TRACT M ~ LEL Y GOLF ESTA 1ES ~ TRACT MAP P.B. 8, PG. 20 @ (PRIVATE 164.77' ROAD~......... VALLEY STREAM ~~:............ ..... BUCKEYE PALMS CONDO @ ..' @ (O.R. 527, PG. 746) @ ---------- @g) SOUTHfASTERL Y 10' _ r -- ==T2i;!'=~PARCEL 7.31 PROPOSED 10' T.C.E. -- DRAINAGE EASEMENT SECTION 19, TWP. 50 S., RGE. 26 E. // TRACT A /" lJ."~ LEL Y GOLF ESTATES // 0 ~<<:~ __..-. TRACT MAP // ,," ~Cj ""- /' (P.B. 8, PG. 20) / ~ > TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT A Page ~of:;rz: PREPARED BY: SHEET 1 OF 2 ...1:: UNDAGE.-. ProI-.iouaJ ."Iin...... pia"".... " .....d .......70... C4IIIW ... ...... ... .,.. .,...... 'INIL ~ ..... JL 1lI1D1 fHl )11'I4111 1M CMat;Jt .... IDa. ._ -..ar.r ~ Pwt. --. n. "'1 CN.)II'J-IUJ ~.. ., ~ w... 1.B .... lUIC D .... JUl (NI....... 01/11/06 10' T.C.E. 03/27 06 PARCEL 731 BY: GUY P. ADAMS, P.S.M, NO. 4390 SCALE: 1. - 100' DRAWN BY:~ DATE: JULY 16 200~ CHECKED BY:-GfA PROJECT NO.: 7599-1 FILE NO: 8789 ACAD NO: 8789- 7~1 Agenda Item No. OF May 9, 2 06 Page 58 0 70 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 731 1310 SECTION 19, TOWNSHIP 50 SOUTH. RANGE 26 EAST COLLIER COUNTY. fLORIOA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 731 THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND (OR. BOOK 527, PAGE 746); COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN S 89'32'18" W, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN S 28"33'33" W, FOR 527.00 FEET TO A POINT OF CUR VA TURE; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUB TENDED BY A CHORD HA VlNG A BEARING OF S 33'25'32" W, AND A LENGTH OF 764.58 FEET TO A POINT ON THE CURVE AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUB TENDED BY A CHORD HAVING A BEARING OF S 43'09'30" W AND A LENGTH OF 164.58 FEET TO A POINT OF TANGENCY; THENCE RUN S 41'58'31" E FOR 300.00 FEET; THENCE RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HAVING A RADIUS OF 1270.00 FEET, AND SUB TENDED BY A CHORD HAVING A BEARING OF N 43'09'30" E, AND A LENGTH OF 215.47 FEET TO A POINT ON THE CURVE; THENCE RUN N 51'42'29" W, FOR 300.00 FEET TO THE POINT OF BEGINNING; o. '.. w.....' _ -- - - ,-, - "'.. ~ . ::: - ~.- -- . -- ... ..."'. / .- - . - . - - _.~ . EXHIBIT -1L Pege~~ BEARINGS ARf BASED ON THE LELY GOLF ESTATES TRACT AI P PLA T BOOK 8, PAGe 20, COWER COUNTY, FLORIDA SHEET 2 OF 2 PREPARED BY: GUY P. AD SCALE: DRAWN BY: CHECKED BY: FILE NO: 8289 NO. 4390 ER" UNDAGE..... Profe..ioDal .Dlm....... plano.n. Ie !aDd I11TftJOra c.-. ~ ..... _. 'PtOCI ~ 1n& .... ....... n. Mill CN1....-I1U .... ~ ..... 181. 1_ --*7 IIR-'o rwt. .,..., n _1 C..1JU"....Ul c.uaeau .. ~ JIM,. y 11M ... a aIM J'uI (Ml)IM-_ 01/11/06 10' T.C.E. 03/27/06 PARCEL 731 BY: , Agenda Item No. F May 9, 2 6 Page 59 0 0 PRO.ECT: NO. 7599 PROJECT PARCEL NO: 73' TAX PARCEL NO. 13..... SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A TEMPORARY CONSTRUCTION EASEMENT (DURATlON:'3 VEARS FROM COMMENCEMENT OF .~TRUCTK>N) SURVEY~ -A.~ :rp ,,0 ~ .~ "i/"'" .-S. " sc~ PEPPER WOOD :'CONDO Phase 1 @ Phase /I REGENCY: WOODS CONDO Phase 1/ Phase //1 @ POINT OF BEGINNING ...... VALLEY (PR/VA TE ........................... .~.TREAM DR. ROAD) @ ......... ............................... BUCKEYE VALLEY STREAM PALMS COURT INC. CONDO CONDO 8 @ @}) ~ TRACT M (O.R. 1432. 'i.'tLY' GOLf:' 'tSTA 'its' PG. 1467) TRACT MAP (P.S. 8. PG. 20) @ _ _ ..I:SOUTHfASTERL Y 10' -T~i~~~ ---------- DRAINAGE PARCEL 732 EASEMENT PROPOSED 10' T.C.E. SECTION 19, TWP. 50 S., RGE. 26 E. TRACT A ...-././ LEL Y GOLF ESTAJES TRACT MAP (P.B. 8, pC;. 20) LEL Y GOLF fSTA TES UNIT 1 (P. B. 8, PG. 49) @ @ @ @ ./ ./ ./ ./ ... ... PREPARED BY: SHEET 1 OF 2 ... . =::::- UNDAGE.-. ProI...IonI.J enclnnn,. plannel'll. " land .urwyal'll 1;'...... ~ .... ... "... ~ tn6L .... ~ n. MIOI 'MJ"'-IUI ... ~ ..... JOl. 1_ ~ .ItIwt. fWt ...,... n. .... fN1)U?"'11U c.uo.a. .. ~_ R_ W .... .-4 . IIU ral (NI)III__ 01/11/06 10' T.C.E. 03 27 06 PARCEL 732 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" - 100' ORAVtN BY:-ilAI:L- DATE: JULY 16 2002 CHECKED BY:~ PROJECT NO.: 7599-1 FILE NO: 8789 ACAD NO: 8289-732 .~ Agenda Item No. F May 9, 2 06 Page 60 0 0 PROJECT: NO. 7599 PROJECT PARCEL NO: 732 TAX PARCEL NO. 134 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 732 THE SOUTHEASTERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R. BOOK 1432, PAGE 1467); THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN SOUTH 89'32'18" WEST, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN SOUTH 28'33'33" WEST. FOR 527.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCA \IE' TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF SOUTH 33'25'32" WEST, AND A LENGTH OF 164.58 FEET; THENCE RUN SOUTH 51'42'29" EAST FOR 300.00 FEET; THENCE RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HA VlNG A RADIUS OF 1270.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF NORTH 33.25'32" EAST, AND A LENGTH OF 215.47 FEET; THENCE RUN NORTH 61 '26'27" WEST, FOR 300.00 FEET TO THE POINT OF BEGINNING; -.;. .- '.. -., - - w,. --, EXHIBIT -A- Page~of~ , - w' . ~ -- "'. ~_.-- ~ - TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) BEARINGS ARE BASED ON THE LEl. Y GOLF ESTA Tf:S mACT P PLAT BOOK 8. PAGE 20. COLLIER COUNTY, FLORIDA SHEET 2 OF 2 PREPARED BY: GUY P. SCALE: DRAWN BY: CHEO<ED 8Y:...GfA FlLE NO: 8'89 NO. 4390 NOU BER " UNDAGE_, Profnaional .D&in-n. platmen., " land .urwy0f'8 c:.m. ~ ..... 110. 'NeD or.-... 'tNI1. .... ........ PI. "1. CN1)H'r-1111 loR ~ .... 101, a_ ....,. ....... ~ .,.., JIL _1 tNl"-I.U ~ ., ~ ..... U SIM4 .... D INN h&l (M."""- 01/11/06 10' T.C.E. 03 27 06 PARCEL 732 BY: DATE: ,IUL Y 16 2002 PROJECT NO.: 7599-1 ACAD NO: 8289 732 ) Agenda Item No. F May 9,2 06 Page 61 0 0 PRO.ECT: NO. PRO.ECT PARCEL NO: TAX PARCEL NO. 7599 733 132 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SURVEY) Ji_/ ~rp. ., ,,00 .y.....- ...' " sc~. PEPPER WOOD CONDO @ Phase 1/ Phase 1/ RECENCY WOODS CONDO Phose III .. TRACT M: LEL Y GOLF EsiA TES TRACT MAP (P.B. 8, PG. ~O) Ph ose POINT OF BEGINNING ....... ............. 400~OO VALLEY STREAM:. DR. (PRIVA TE ROAD) ...............................,............................... .............. BUCKEYE PALMS CONDO g 8 d o .., VALLEY: STREAM COURT INc. CONDO @ ............................................................... (O.R.: 618, PG. ~1729) VISTA RIO CONDO o o d o .., @) --- .rsOUTHr.4STERL Y 70' ------ ---'---~---- -----,-400.00.-- ----- PARCEL 7JJ DRAINAGE EASEMENT PROPOSED 10' T.C.E. EXHIBIT -A- Page..2lLof ..tt.. @ LEL Y GOLF ESTA TES UNIT 1 (P.B. 8, PC. 49) @ @ @ @ --" Q ~o. '\no ~~ ~~ ~"Q ~ SECTION 19, TWP. 50 S., RGE. 26 E. SHEET 1 OF 2 ..... UNDAGE~ I'n>leNIoDal eJlI\nH.... pl.......... " Iaad ."""'JOn c....- ~ .... lID. "... ,......... 'fNII. -.au ........ ... MIlt (MIlMT-etu 1M c:n..., -.u.. .11. ... ....., IIInrlIt. rwt. ....... ... _. .N.)Irr-..J1I ~ ., ~ ..... D .... ... . .... he (N....... 01/11/06 10' T.C.E. 03 27 06 PARCEL 733 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" - 100' DRAWN BY:....!Ati- OAlt:: JlII Y 17 2002 CHECKED BY:.JifA PROJECT NO.: 7599 1 FILE NO: 8'89 ACAD NO: 8289-733 j ~. " Agenda Item No. OF May 9,2 06 Page 62 0 70 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 733 132 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 733 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NE CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN S 89"32'18" W; ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN S 28'33'33" W, FOR 127.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN S 28'33'33" W FOR 400.00 FEET; THENCE RUN S 61'26'27" E, FOR 300.00 FEET; THENCE RUN N 28'33'33" E, FOR 400.00 FEET; THENCE RUN N 61"26'27" W FOR 300.00 FEET TO THE POINT OF BEGINNING; EXHIBIT ..A- Page~~ ,. - - . - . - . ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) BEARINGS ARE BASED ON THE illY GOLF ESTATF:S TRACT AP PLA T BOOK 8, PAGE 20, COWER COUNTY, FLORIDA SHEET 2 OF 2 PREP ARED BY: UNDAGE..... Prof...ional eqin_n. plannen. a: land auJ"'ftyorw c.w. C-*rl ... 800. .,.. 'r-*-l TndI. ~ ........ n. M101 ~M.""'-Sln w. c:..a"" ..... 101, I" ......, ~ r.1 ..... PI. ..... {NI)HT-11U c:.naftoay ., "1l~ ..... .. .... ... D .... .... .MI)IM-DOlII 01/11/06 10' T.C.E. 03 27 06 PARCEL 733 BY: , P.S.M. NO. 4390 GUY P. p; SCALE: DRAWN BY: CHECKED BY: FILE NO: B?B9 DATE: JUt Y 17 ?002 PROJECT NO.: 7599-1 ACAr> NO: B?R9 733 ! Agenda Item NO.1 OF May 9, 2006 Pa e 63 of 70 PRO.ECT: NO. 7599 PRO.ECT PARCEL NO: 834-A TAX PARCEL NO. 131 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ACCESS EASEMENT (NOT A SURVEY) CURVE: Cl C2 D~LTA 84 '51 'DB" 61'22'04" CURVE TABLE RADIUS ARC 55.00 81.45 75.00 BO. J3 @ CHORD 74.21 88.73 CHORD BEARING 5 OJ'59'24" E N 21'1B'43" W ~ ~..t' sc~. REGENCY WOODS CONDO Phose /II Phase IV LINE TABLE LENGTH 28.83 33.81 B1.08 149,83 13.04 BEARING S 89'39'27" W S 46'24'58" E S 38'26'43" W S 43'35'02" W N 46'24'58" W , . . . . . . . , . . . . . . (PR/VA TE VALLEY STREAM DR. ROAD) TRACT M . . . . . . . . .. LEt. y 'dOLF' tStA'"fE:S TRACT MAP @ (P.B. 8, PG. 20) VALLEY STREAM @ COURT IN . CONDO (O.R. 618, PG. 1729) @ 127.00'. @ VISTA RIO CONDO 8 fi3.i\ c:i ~ Sl (O.R. 794, PG. 1467) PARCH 834- A PROPOSED ACCESS EASEMENT AREA=2,902 SQ. F'T. ::f: e" ~~ I-~ 2.:~ 6"'" n.lfl DRAINAGE EASEMENT SECTION 19, TWP. 50 S., RGE. 26 Eo ----------\------\------- 110' FP&L EASEMENT TRACT B \ \ POIN T OF - -COMMENCEMENT NORTHEAS"/'"tORNER OF' TRACT M LEL Y COLF' ESTATES U (P,B. 8, PC. 49) @ @) @ EXHIBIT ..L Page~of~ .... Q ~o. "VlC> ~~ ~~ ~"'b t"\ LEL Y GOLF' ESTA TES UNIT 1 (PCir PG'\) CD PREP ARED BY: SHEET 1 OF 2 04/10/06 SEft Ie 83-4- A . UNDAGE..... Pro,...ioaal eJ1lineere, pJaIlDeJ'8. Ie laD4 .w'W)"On c.-. ~ ..... .wo. "'4OD ~ ....... ....... ........ ... Hi. <<..........UI I.- c...-,r ..... 181, .11I ...". ~ ..... .,.,., n. __ (MI_-IU. ~ · .............. .... ... .... ... .. -.. ,... (..1___ BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" - 100' DRAWN BY:.../ML. DATE: MARCH 28 2006 CHECKED BY:..,GeA PROJECT NO.:~ FILE NO: 8289 ACAD NO: 8289-834A --. Agenda Item No. OF May 9,2 06 Page 64 0 70 PRO.ECT: NO. 7599 PRO.ECT PARCEL. NO: 834-~ TAX PARCEl. NO. 13.1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA lEGAL DESCRIPTION PROPOSED ACCESS EASEMENT PARCEL 834-A THA T PORTION OF TRACT M, OF lEl Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARl Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN S 89'39'27" W, ALONG THE NORTH LINE OF SAID TRACT M, 119.07 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED EASEMENT; THENCE CONTINUE S 89'39'27" W ALONG THE NORTH LINE OF SAID TRACT M, 28.83 FEET; THENCE RUN S 46 '24'58" E, 33.81 FEET TO THE BEGINNING OF A CURVE CONCA VE WESTERL Y HA VlNG A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 84 '51'08", A CHORD BEARING OF SOUTH 03'59'24" EAST A CHORD DISTANCE OF 74.21 FEET, AN ARC DISTANCE OF 81.45 FEET; THENCE SOUTH 38'26'43" WEST, 81.08 FEET TO THE NORTH WES TERL Y LINE OF A DRAINAGE EASEMENT; THENCE NORTH 43'27'53" EAST, 149.83 FEET TO THE ARC OF A CURVE CONCAVE WESTERLY HA VlNG A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 72'31'39", A CHORD BEARING OF NORTH 2118'43" WEST THENCE NORTH 46'24'58" WEST, 13.04 FEET TO THE POINT OF BEGINNING. ,,' ..- ." .' ~. "... .. ::0" ~;.~.. ..._".... - .7: ,_._.....l ..... - '" ~ --~ EXHIBIT --.L Page~of .AL ................. - '.;, "'.-: PREP ARED BY: SHEET 2 or 2 ..... .... .... .... ..... ..... ...... :::::: UNDAGE.-. ~ ..,,-... pllumon. .. IaDd ~ o.m.- a.ato7t .... .... ,.... ~ 'IRA __ ...... ... MlDI ~Nl"'-.lIa ... =.. ~ ~ ':'"... -:=-- If, -= (==-= 04/10/06 834-A BY: GUY P. SCALE: DRAWN BY: CHECKED BY: FILE NO: 8289 NO. 4390 DATE: I.A~RCH 28 7006 PRO.ECT NO.: 7599-1 ACAD NO: 8289-834A .J Agenda Item No. F May 9, 2 6 Page 65 0 0 PRO.ECT: NO. 7599 PROJECT PARCEl. NO: 834-8 TAX PARCEL NO. 131 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY) ~ ~ ...' ~ .,' " sc~ DEL TA 61"22'04" CURVE: TABLE: RADIUS ARC 75.00 BO.JJ CHORD 76.55 CHORD BEARING S 15'4J'56" E: CURVE: Cl @ (PR/VA TE VALLEY STREAM DR. ROAD) TRACT M . . . .. . . . . ... LEL Y "GOLF' EstA"tE:S TRACT MAP @ (P.S. 8, PG. 20) VALLEY STREAM @ COURT IN . CONDO (O.R. 618, PG. 1729) @ @ VISTA RIO CONDO @ (O.R. 794, PG. 1467) PARCEL 834-8 PROPOSED DRAINAGE EASEMENT AREA=J,738 SQ. FT. :i: LINE TABLE LINE LENGTH BEARING L1 13.04 S 46'24'56" E L2 115.04 N 43'27'53" E . . . . . . .. . . . . . . . . REGENCY WOODS CONDO Phose III Phase IV DRAINAGE EASEMENT SECTION 19, TWP. 50 5., RGE. 26 E. -----------\------\----- --- 110' FP&L EASEMENT TRACT B \ \ POINT OF -. COMMENCEMENT NORTHEASTl:ORNER OF TRACT M LEL Y GOLF ESTATES U (P.B. 8, PG. 49) @ @} -0 ~o. ~~ ~~ ~~ PERPE1lJAL.. NON-EXCLUSIVE ~ DAAlNAGE EASEMENT LEL Y GOLF ESTA TES UNIT 1 (P(j)' p\) CD EXHIBIT --A- Pege~of~ SHEET 1 OF 2 PREPARED BY: NOU 04/10/06 ER " A.E. TO D.E. tlNDAGE_ Prvf~ ~. pIoumen. " _ -:ron ~ ...... IIlIIY ... .... ,..... Ird. ....... ....... n. III. (Nl)MP.o.atll &. ~ ..... .... a-. ....,. ....... .... ..... IL _. rNl""IUI ~ ., ............ .... III ... ... . ... ... (NS___ BY; GUY P. ADAMS. P.S.M. NO. 4390 SCALE: 1" - 100' DRA\\tI BY:...watL- DATE: MARCH 28. 2008 CHECKED BY:..JIfA PROJECT NO.: 7599-1 FILE NO: 82R9 ACAD NO: 8289-8348 Agenda Item No, . F May 9, 2 6 Page 66 0 0 PROJECT: NO. PROJECT PARCEL NO: TAX PARca NO. 7599 834-B 13.1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE EASEMENT PARCEL 834-B THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN S 89'39'27" vr. ALONG THE NORTH LINE OF SAID TRACT M, 9.55 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED EASEMENT; THENCE CONTINUE S 89' 39'27" W ALONG THE NORTH LINE OF SAID TRACT M, 109.51 FEET; THENCE RUN S 4~24'58" E, 13.04 FEET TO THE BEGINNING OF A CURVE CONCA VE WESTERLY HA VlNG A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 61 '22'04", A CHORD BEARING OF SOUTH 15'43'56" EAST A CHORD DISTANCE OF 76.55 FEET, AN ARC DISTANCE OF 80.33 FEET; THENCE NORTH 43'27'53" EAST, 115.04 FEET TO THE POINT OF BEGINNING. ... ....... -~ =:..... -". ;: ":'':: - -. - ,- EXHIBIT A PI9~Of 47 ". .-... GUY SCALE: DR"'WN BY: CHECKED B : FILE NO: 82B9. SHEET 2 OF 2 PERPETUAL. NON-EXCLUSIVE DRAINAGE EASEMENT PREPARED BY: .... .... .... ..... ..... ..... ..... :::::: AGE~ ProfNaIoD&l ~ 1'laJmen. Ie IaD4 .......,..... o.m. ~ .... ... ... ........ ....... .... --. n. MI. (M1~111 &. c..tIrI ..... 1IL. 1_ ......,. ~ ......... JI..... (,""'-Ull ~ .. .....-.. ... g ... .... . ... I"lar (MI___ 04/10/06 ....E. TO D.E. BY: NO. 4390 D"'TE: "'ARCH 28 2006 PROJECT NO.: 7599-1 AeM) NO: 8289-8348 .. .' PROJECT: NO. 75"" PROJECT PARCEL NO: 838 TAX PARCEL NO. 1 Agenda Item No, F May 9, 2 6 Page 67 0 0 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE &: ACCESS EASEMENT) ~ CID ......... : .-; c: ~ : a:: ~ ~ W iE. CID @(O 0...: ~c..., "-J : ~ a:: vi c 0 :::E ~ It) ~ ~ ~ Vl >- 0) ~j - -J : ~ ~.: @ J::: ~ V) ~ , ,~"" ~~ LEt Y GOLF ESTA TES UNIT NO. 1 (P.B, 8, PG. 49) \ \ \ \ '\.1' ;)-0 ~ l '0,,_ , , t; I t" ~' , "l( I I ", ", g: I I ", ""0. "" r;t:' . " A.:o ", I ~ " ~ " ~ I~ ~ """ ~~ "'" t.O <l: I, ~ ',~e', 1'1') ~ I t:J f3', '1--,,>. co I I ~ F: 0", ....J t.J I I ~ ~ 0.. c..., '" ~c:i II 2; <f3~c) ", ~ b -1 f--1 t3 LL .... ll. 0 ". QC\I I ~6~1Q '0 El F: C) [k" . lr) )..F:~ a ,..J .e:. Q LiJ a -J a::: Q . ", " " " , " '. ", , , " " I- ~ ~ ~ ~ "l( ~ Q lr) ~ C3' ~Q."'J ....J C/) <<;( . I-Lu~2C Ul.J..1- <l: -.J U . Q:: a <<;( co rS\ i-= () Q:: . 8 >-t-:~ ....J ~ Lu -.J EXHIBIT JL Peot.4Lof -1Z- SHEET 1 OF 2 04/10/06 ADDED A.E. BY: GUY P. ADAMS. P.S.M. NO. 4390 SCALE: 1. .. 150' DRAWN BY:~ DAlE:.l.Jt Y 17 2002 CHECKED BY:,JZA PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289-509 I::::: .GE~ p~ eqiJlMn. P-' .. !aDd .......,.,.. :.-..:-- =:. =:.::: -=-=:=: I:n=:::~ c---.. rI ............ .... u .... ... D ... "- (Nl-,- ., .... , - Agenda Item No. F May 9,2 6 Page 68 0 0 PROJECT: NO. 7599 PROJECT PARCEL NO: 836 TAX PARCEl NO. 1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIDA LEGAL DESCRIPTION PROPOSED 20 FOOT DRAINAGE AND ACCESS EASEMENT PARCEL 836 THE NORTHWESTERLY 20 FEET OF TRACT A, (ADJOINING TRACT M) LELY GOLF ESTATES. TRACT MAP. AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FlORIDA. .:::'.:..:~: -.... - ~,- :-~. - -" -.- . -". ~ - EXHIBIT -A- Peg8~AZ.... SHEET 2 or 2 BEARINGS ARE BASED ON THE l.El Y GOLF ESTA TES TRA PLA T BOOK 8. PAGE 20. COLUER COUNTY, FLORI PREPARED BY: ..... .... / I:::. 04 10/06 ::::: ER " ADDED A.E. ..... :::::: UNDAGE.-. ProfNllio..... ...,m....... plal1llOn. Ie IaDd """,,yon ~ o-v: ..... ... .,.. T..,.. TNII. ~ ....... n. IClot CN1)H?-aUI J.- CRat;?l ... lDl. 1_ ......,. ~ ....... .... It anal (Hl)SS7"'1111 ~ .. ~ ..... .. ... .... a MN hsI <<Ml)lllt-aOl BY: NO. 4390 DATE: .JJLY 17. 2002 PROJECT NO.: 7599-1 ACAD NO: 8289-509 Agenda Item No. F May 9, 2 06 Page 69 0 70 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 751'l1'l 837 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (S[[ SHeer 2 OF 2 FOR !iESc.fIPTION OF COUNTY DRAINAGE EASEMENT) POINT OF 4''b $" ~..'tr ~ BEGINNING (oil ('Ii 'I'~~ J'" ~ ..,~~~ ". '" ~. l~ rI ~~ ~ @ I- ~ ~ l/) l:5 hl ~ ~ Cl TRACT A LEL Y GOLF ESTA TES TRACT MAP (P.B. 8, PG. 20) LINf: TABLe LINf: LeNGTH tI J5,75 S 29'55'24' W @ @ CURVE: Cl C2 DCLTA 72'58'11" 6818'51' CURVE: TABLf: RADIUS ARC JO,Oo J8.21 .lO,OO J5,77 CHORD CHORD BEARING J5,68 S J516'22" f: J3.69 N 8J'40'29" W SHEET 1 OF 2 PREPARED BY: NOIJ 0<4-/10/06 ER " ADD 'TURN OUT UNDAGE.- Prof...loDel eDlin..n. pJ_DIIenr. " Jaud .uneJQrw e.m.r ~ .... 110. "... ~ 1NIL, ...., ...... n. U111 CNt)M7.lll1 ~ ~." .... 101. 1_ ....,. ~ '-' .... n....l CNI)IIT..llU ~ ., ~ .... III .... .... .. .... 'QI (..1___ BY: GUY P. ADAMS. P.S.t.1. NO. 4390 SCALE: 1. - 150' DRAWN BY:~ DATE: JULY 17. 2002 CHECKED BY:-GeA, PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8789-837 Agenda Item NO.1 F May 9, 2 )6 Page 70 of 0 .... PROJ::CT: NO. PRO.ECT PARCEL NO: TAX PARCEL NO. 7599 837 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LE:GAL DESCRIPTION PROPOSED DRAINAGe It ACCESS EAsalENT PARCEl 837 ALL THAT PART OF TRACT B, LEI. Y GOLF ESTA 7E'S. UNIT NO. I, AS RECORDf:D IN PLA T BOOK 8, PAGE 49, OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA BEING tAORE PARTlCULARY DE5CRIBf:D AS FOl.l.OWS; BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT B: THENCE NORTH 89'.32'18" EAST 7.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST: THENCE SOUTH 89'.39'41" EAST 22.60 FEET: THENCE SOUTH 0'26'59" WEST 64.00 FEET: THENCE SOUTH .37'.3"06" ~ST 2.34.75 FEET; THENCE SOUTH 28'.33'3,3" WEST 230.38 FEIT TO THE BEGINNING OF A CIRCULAR CUR\f: COHCA\f: NORTHEASTERLY HAVING A RADIUS OF .30.00 FEET, A CENTRAL ANGLE OF 72'58'11", A CHORD BEARING OF SOUTH 35'6'22" EAST A CHORD DISTANCE OF 035.68 FEET. AN ARC DISTANCE: OF .38.21 FEET; THENCE SOUTH 29'55'24" WEST, 035.15 FEET TO THE ARC OF A CURVE: CONCA \IE SOUTHERLY HA VlNG A RADIUS OF 30.00 FEIT. A CENTRAL ANGLE OF 68'8'51", A CHORD BEARING OF NORTH 8.3'40'29" WEST A CHORD DISTANCE OF .3.3.69 FEET. AN ARC DISTANCE OF 35.77 FEET; THENCE: SOUTH 28'3,3'0303" ~ST 0390.11 FEU TO TRACT Ai THENCE SOUTH 66'27'4{;" WEST ALONG TRACT A .32.56 FEET: THENCE NORTH 28'.303'.3.3" EAST ALONG TRACT B 98.3.90 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE AND ACCESS EASEMENT HEREIN DESCRIBED. .....-: :....:;: ;... ~. -. -- .- "-; .---~: - EXHIBIT -L Page...tt...of ..AL BEARINGS ARE BASED ON THE l.El. Y GOLF ESTA 7E5 TRACT PLA T BOOK 8. PAGE 20, COLLIER COUNTY. FLORIDA SHEET 2 OF 2 PREPARED BY: ..... .... .... .... ..... ..... ..... :::::: UNDAGE.-. Prof.-lmlal .~ pioDllm'o. Ie _ ~nr ~ ~ ... ... ,.. ~ ,..... .... ...... ISo ...... fMl""""ll 1M a...tra .... 111. a_.....,..... -'..,.. JI, ~ (MJ"__IU ~ III' .......... .... w ... ... . ... ,.. f~ 04/10/06 ADD llJRN OUT BY: . P.S.I.I. NO. 4390 GUY P. AD SCALE: DRAWN BY: CHECKED BY: FILE NO: 8289 DATE: .lJL Y 17 2002 PROJECT NO.: 7599-1 ACAD NO: 8289-837 IOF .~ County Memorandum To: J ames Mudd, County Manager EXHIBIT "D" From: Norman Feder, Administrator Transportation Services Division Date: April 3, 2006 Subject: Condemnation Resolution for LASIP Phase 1 On May 9, 2006 the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to construct portions of the Lely Area Stormwater Improvement Project (LASIP). The property will provide the necessary land to construct a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6 which has for years experienced an increasing level of drainage related problems. Obtaining all necessary LASIP State and Federal environmental permits has been a very long and arduous task. An Environmental Resource Permit from the South Florida Water Management District was issued on October 13, 2004 authorizing construction and operation for phase one of the project and conceptual approval of all future phases and the remainder of the project. This phase one construction authorization expires on October 14, 2009 per special condition number one. All phase one construction must be completed prior to this date. Conceptual approval for the remainder of the project must be renewed every two years from date of issuance (October 13, 2004) by submittal of a permit modification application requesting construction authorization of the next phase. An Army Corps of Engineers permit was issued for the entire project on July 25, 2005. This is a construction authorization for the entire project which expires on July 25, 2015. With these two critical permits now issued, construction planning is well underway with commencement of a portion of phase one construction following the 2006 rainy season. Right of way (easement) acquisition is essential to complete phased construction of this project within the regulatory permit timelines. The following sections of LASIP are anticipated to commence construction this year. They are permitted with all necessary easements acquired. 1. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely Branch Canal from Rattlesnake Hammock Road north to the southeast comer of the Kings Lake Community. Improvements to this section of canal will be completed in two phases. Page 1 of3 tof 2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located immediately north of the Naples Lakes Development, as required mitigation by the South Florida Water Management District and the Army Corps of Engineers. This work will proceed in phases. The first phase will include hand removal of all exotic vegetation in select areas. Subsequent phases will include mechanical clearing of exotics in other more heavily impacted areas followed by replanting with native species. An annual maintenance and monitoring program will also commence for a minimum of five years. A small passive park with a mulched trail and wildlife observation deck is also planned. 3. Construction of LASIP components associated with the Rattlesnake Hammock Road Improvement Project. This includes installation of approximately 3,500 feet of box culvert which will convey off site stormwater flows to the west and south. 4. Construction of LASIP components associated with the four laning of County Barn Road. This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch LASIP elements planned to commence construction in 2007 and 2008 that are permitted but require easements and are: 1. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the north side of US 41 to the south side of Rattlesnake Hammock Road. 2. Construction of the Treviso Bay (AKA Wentworth Estates) Lely Manor East Outfall Canal, approximately 7,100 feet in length. This includes a seven (7) acre spreader lake located at the downstream (southern) end of the project and a stormwater pumping station located at approximately the canal's midpoint. The pumping station will lift surface water out of the canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge into Rookery Bay National Estuarine Research Reserve. The Treviso Bay Development has committed to convey to Collier County all LASIP easements necessary within their project area. The remaining easements necessary to construct the complete Lely Manor East Outfall Canal cross section and spreader lake are all located on privately owned parcels adjacent to the Treviso Bay Development. Construction of LASIP is currently planned to occur in a total of six (6) phases with each phase including several elements in different locations during years 2006 through 2011. Depending on funds available this work may be required to be distributed over an additional 2 to 3 years. Some future phases include elements currently only conceptually designed which will require additional easements. The easements included in this condemnation resolution comprise all parcels necessary to complete construction through the first three phases. The LASIP Construction Phasing Plan is attached. Also attached is a technical memorandum from Daniel W. Brundage, P.E. with the firm of Agnoli, Barber and Brundage, Inc., Professional Engineers, Planners, and Land Surveyors. This memorandum summarizes the factors necessary to consider approval of the Condemnation Resolution for acquisition of all parcels necessary for construction of elements 1 and 2 of the Page 2 of3 (oF project's first phase. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. Thank you for your time and review of this vital information. Attachments: (1) LASIP Construction Phasing Plan (2) Technical Memorandum from Daniel W. Brundage, P.E. Cc: Project File 511012.07 Page 3 of3 Agenda Item No. 10G May 9, 2006 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve selection of Consul-Tech Construction Management, Inc. a Qualified Firm, and award a Contract under ITN 06-3583 "CEI Services for Collier County Road Projects," for Project No. 62081 "Santa Barbara Boulevard from Davis Boulevard to Copper Leaf Lane" in the amount of $2,405,006 OBJECTIVE: To engage professional Construction, Engineering and Inspection (CEI) Services from a highly qualified firm for the six-Ianing of Santa Barbara Boulevard from Davis Boulevard to Copper Leaf Lane in a cost effective and efficient manner. CONSIDERA TIONS: An Invitation to Negotiate (ITN) was issued for the purpose of soliciting professional CEI services proposals for this project who were prequalified by the Invitation to Qualify #04-3583. The ITN was issued in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act, and was publicly advertised on December 5, 2005. Notices were advertised, and responses were received from firms by the due date of January 19,2006. ",....~ A Selection Committee meeting was held on February 3, 2006. Following review, scoring and discussion of proposals from the ITN, a consensus of the members of the Selection Committee selected and ranked the top three firms. The top three firms selected are: 1. Consul Tech 2. KCCS 3. HDR Staff has successfully completed negotiations with ConsulTech in the amount of $2,405,006 for these services. FISCAL IMP ACT: Funds in the amount of $ 2,405,006 are available in gas taxes and impact fees. Source of funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of ConsulTech for award of this project contract and authorize the Chainnan to sign the standard, County Attorney approved contract. Prepared By: Tad Pluc, Project Manager, TECM Department Attachments: (1) Scope of Services; (2) Project Schedule and Fees ,.,.,.-.... Item Number: Item Summary: Meeting Date: Agenda Item No. 108 May 9, 2006 Page 2 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Recommendation to approve selection of Consul-Tech Construction Management, Inc. a Qualified Firm, and award a Contract under ITN 06-3583 CEI Services for Collier County Road Projects, for Project No. 62081 Santa Barbara Boulevard from Davis Boulevard to Copper Leaf Lane in the amount of $2,405.006. (Norman Feder, Administrator, Transportation Services) 5/9/2006 9:00:00 AM Prepared By Tad Pluc Transportation Services Engineer Transportation Engineering and Construction Date 4/4/20068:57:26 AM Approved By Gary Putaansuu Transportation Services Senior Project Manager Date Transportation Engineering and Construction 4/4/20063:59 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Approved By Transportation Services Admin. 4/7/20062:51 PM Lisa Taylor Transportation Services Management/Budget Analyst Date Transportation Administration 4/20/20063:21 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Approved By Transportation Services Admin 4/25/2006 6:37 PM Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 4/26/20068:22 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Approved By Transportation Services Admin 4/26/2006 9:21 AM OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/26/2006 9:29 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 4/28/2006 11 :44 AM Approved By Agenda Item No, 108 May 9, 2006 Page 3 of 26 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/20062:36 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/2/200612:23 PM Agenda Item No. 10G May 9,2006 Page 4 of 26 EXHIBIT "A" SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) 1.0 PURPOSE......... ............ .................... ....... ................................ ............ ...... ....................2 2.0 SCOPE............................ ...... ........................ ............... ................... ........ ........ ...............2 3.0 DEFINITIONS..................... ......................... ............. .............. .......... ............ ................2 4.0 ITEMS TO BE FURNISHED BY THE COLLIER COUNTY TO CONSULTANT ........3 5.0 ITEMS FURNISHED BY THE CONSULTANT ............................................................3 6.0 LIAISON....................... ........... ................. ..... ................... ............ ................ ........... ......5 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT.............................6 8.0 REQUIREMENTS. ...... ............................. ..................................... ................. ...............6 8.1 General.. ..... ....... ................ ........... ........... ........... ............... ............... ..... ............ 6 8.2 Survey Control.................................. ......... ................. ........ ................... ............ 7 8.3 On-site Inspection ................. ......... ............. ........................ ...............................7 8.4 Testing... ....................................... .... ............. .............. ............ ..........................8 8.5 Management Engineering Services .............. ........ .............. ................... ........ ......9 8.6 Contractor's CPM Schedule ............................................................................. 13 8.7 Constructability Review ................................................................ 16 9.0 PERSONNEL................... ............................ ................................. ............................... 15 9.1 General Requirements...................................................................................... 15 9.2 Personnel Qualifications.......................................................... ......................... 15 9.3 Staffing......... ..... ......................... .............. ..... ..... ............................................. 15 9.4 Licensing for Equipment Operation:. .......... .............. ........... ......... ..... ............... 16 10.0 SUBCONSUL T ANT SERVICES ......................................... ........................................16 11.0 OTHER SERVICES............. ....... ......................... .............. .................... ..... ................. 16 12.0 POST CONSTRUCTION CLAIMS REVIEW....................... ....................................... 16 13.0 CONTRADICTIONS.......................................................................................... ......... 16 14.0 LENGTH OF SER VI CE........................................... ............................................ ........ 17 15.0 INVOICING INSTRUCTION S .................... ............ ............. .......... ...... ....................... 17 EXHIBIT "A-A" Agenda Item No. 10G May 9, 2006 Page 5 of 26 SCOPE OF SERVJCES CONSTRUCTJON ENGlNEERING AND JNSPECTJON 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: To provide Construction Engineering and Jnspection Services for the Santa Barbara Boulevard Widening Project, from Davis Boulevard to Copper Leaf Lane (north of Golden Gate Parkway). 11 includes six (6) lanes of2.8 miles of Santa Barbara Boulevard and four (4) lanes of 0.8 miles of Radio Road. The anticipated start date for this 22-month project is August of 2006. The current construction cost estimate for the project is $38 million. The project includes roadway and two bridges widening, sidewalks, bike lanes, noise barrier walls, drainage, utilities, grading, paving, signing, pavement marking, lighting, and traffic signal improvements. The CONSULTANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures, which are normally handled by a Florida Department of Transportation (FOOT) Project Engineer. The CONSULTANT shall utilize effective control procedures, which will assure that the construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. 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 FOOT 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 DepaJ1ment (T.E. & eM.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 CONSUL T ANT shall be ready to assign personnel within two (2) weeks of notification. For the duration of the project, the CONSULTANT shall coordinate closely with the County Project Manager and Contractor to minimize rescheduling of CONSULTANT activities due to construction delays or changes in scheduling of Contractor activities. 3.0 DEFINITIONS: A. CONSUL T ANT 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. 2 Agenda Item No. 10G May 9, 2006 Page 6 of 26 B. CONSULTANT Proiect Engineer: The Engineer assigned by the CONSULTANT to manage this project. 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 of the projects. D. CONSULT ANT: The Consulting firm under contract to Collier County for administration of Construction Engineering and Inspection services. E. Contractor: The individual, firm, or company contracting with Collier County T.E. & C.M.D. for performance 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 performance of the work, furnishing of labor and materials, and the basis of payment. G. CONSUL T ANT Contract: The written Agreement between Collier County and the CONSUL T ANT setting forth the obligations of the parties thereto, including but not limited to the performance 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. I. Community Liaison: The Collier County employee assigned to manage Public Information for the Collier County T.E.& C.M.D. 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULT ANT: 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 I copy Contract Form 2. All standard forms for use under the terms of this Agreement will be provided in hard copy at the Pre-Services meeting and via electronic mail. The CONSULTANT shall utilize only Collier County forms on the project. 5.0 ITEMS FURNISHED BY THE CONSULTANT: A. The CONSULTANT shall furnish such other shelter, 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. 3 Agenda Item No. 10G May 9, 2006 Page 7 of 26 Routine expenses such as stamps, postage costs, custodial fees, telephone service, etc., will be the responsibility of the CONSULTANT. 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.fl.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. I. 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 materials 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 Sample Computations Manual Final Estimate Preparation Short Course 5. Field Sampling and Testing Manual (FDOT & ASTM) 6. FDOT Standard Specifications for Road and Bridge Construction and Sup- plements (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) I I. A list of FDOT Training Courses relating to Construction Engineering and Inspection. 4 Agenda Item No. 10G May 9, 2006 Page 8 of 26 C. Fie]d Equipment 1. Inc]udes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, copiers, 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 of Joss or damage to said equipment during performance of this Agreement. CONSUL T ANT 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, Microsoft Office Project 2003, Claim Digger, etc.). Ownership and possession of computer equipment and related software, which is provided by the CONSUL T ANT, shall remain at all times with the CONSULTANT. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. D. All required geotechnical services shall be provided by the CONSULTANT. 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. The CONSULTANT shall provide coordination of all activities, correspondence, reports and other 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 CONSUL T ANT Contract/administrative issues. The Action Request form shall be submitted under separate cover to Construction Proiect Manager with all accompanving 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. 5 Agenda Item NO.1 08 May 9, 2006 Page 9 of 26 In the event that the suspension of Contractor operations requires the removal of CONSUL T ANT 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 CONSULTANT 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 CONSUL T ANT 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 FOOT and Collier County T.E. & C.M.D. 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 CONSUL T ANT 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 subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Replace personnel whose perfonnance 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, FOOT 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 6 Agenda Item No, 10G May 9, 2006 Page 10 of 26 Contract, the FOOT 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 CONSUL T ANT in performing verification surveys of construction layout. The CONSULTANT shall: I. 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. 3. Perform incidental engineering surveys necessary to carry out the services covered by this Agreement and to verify and confirm the accuracy of the Contractor's survey layout work. 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 CONSULTANT 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 FOOT 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. CONSUL T ANT 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 FOOT guidelines for Maintenance of Traffic Training (Topic No. 625-010-010-a). 7 Agenda Item NO.1 OG May 9, 2006 Page 11 of 26 8.4 Testin2: 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 CONSUL T ANT, 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 testing at any hot-mix asphalt plant providing mixes to a project under a Quality Assurance Specification. 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 pm1ies 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 CONSUL T ANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. 8 Agenda Item NO.1 OG May 9, 2006 Page 12 of 26 8.5 Manae:ement Ene:ineerine: 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 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 copyl computer file of the final negotiated staffing. The CONSULTANT 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 CONSUL T ANT Contract administration documents listed below. The CONSULTANT Contract administration documents, which shall be routinely used by the CONSUL T ANT 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: a. Action Request Form b. CONSULTANT Authorization to Execute Work Orders c. Letter of Transmittal Form d. Request For Supplemental Services e. Scope of Services Supplement No. f. Contract Status Report, or other approved fund tracking report g. CEI CONSULTANT Firm Estimated Staffing (completed in accordance with the original CONSULTANT Contract agreement) h. CEI CONSULTANT Fee Proposal 1. CEI 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. 9 Agenda Item NO.1 OG May 9, 2006 Page 13 of 26 (5) Maintain a Project Diary in conformity with FDOT format. (6) Maintain a log of all materials entering into 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 ofthe 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. (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 determined 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 Project Manager. (14) When it is determined 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 execute the required Work Order Directive and prepare a change order in accordance with applicable Collier County procedures. The CONSULTANT shall provide an analysis of the cost and/or time adj ustments 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 performed 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 permanent) 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 10 Agenda Item No.1 OG May 9,2006 Page 14 of 26 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 and two (2) sets of record plans for the project. Additionally, one (I) set of record plans shall be hand delivered to the local FDOT maintenance office, as may be applicable for the project. 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. (I9) Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any permits. For each project that requires the use of the NPDES General Permit, 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 Permit and which discharge storm water from construction activities directly to waters of the United States which are listed on the EPA approved 303(d) list for total suspended solids (TSS), or other indicators of solids transportation such 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 (m/I), Total Suspended Solids (mg/l), Turbidity (NTUs), and flow (MGD). b. Where the receiving water has flow upstream from the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream from 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 of this 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. 11 Agenda Item NO.1 OG May 9, 2006 Page 15 of 26 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 FOOT procedures. (2 I) The CONSUL T ANT 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 results of these meetings will be recorded in written minutes of the meeting. 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) Perform survey work when required or requested by the Construction Project Manager. (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 CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime CONSULTANT and for each subconsultant. (26) When the CONSUL T ANT identifies a condition that will requIre an Amendment to the CONSUL T ANT Contract, the CONSUL T ANT 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. 12 Agenda Item NO.1 08 May 9, 2006 Page 16 of 26 (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. 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) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. (31) Video tapes the pre-construction 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 reaIlpotential 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: 8.6.1 Initial CPM Review and Validation 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. 8.6.2 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 CONSUL T ANT 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 CONSULTANT 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 CONSUL T ANT shall prepare and distribute minutes of the Monthly Progress Review meeting-to-meeting attendees and other interested parties. 13 Agenda Item NO.1 08 May 9,2006 Page 17 of 26 8.6.3 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. 8.6.4 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. 8.6.5 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. 8.7 Constructabilitv Review: The CONSULTANT shall provide a Constructability Review for the 60% and 90% design plans. This review shall be conducted by the CONSULTANT utilizing his experience and knowledge to perform a complete review of the project including the following items: design, environmental issues, permitting, maintenance of traffic, right of way, utility coordination and construction methods and procedures. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. The CONSULTANT will notify the Engineer of Record and the Construction Project Manager of his findings and work with them to resolve the issues. The Constructability Review shall be the first task of work to be completed. The review and reports shall be completed and transmitted to the Construction Project Manager within fourteen (14) days of the date the County issues the appropriate plans for review. During the Constructability Review, the CONSULTANT shall be sure to address the following items: I. Make sure the description of work is clear and concise. 2. Review the Jist of pay items to ensure that all items of work are appropriately covered. 3. Review the summary of quantities to be sure all given quantities IS accurate. 4. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. 5. Be sure contract allows an adequate amount of time to reasonably construct the contract. 14 Agenda Item No. 108 May 9, 2006 Page 18 of 26 6. Review the contract documents to ensure that the actual field conditions have been investigated and clearly represented in the documents. 7. Review such items as Utilities, Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Permit Conditions, Quantities and Equipment requirements, Note any items that may cause problems with the project. 8. Consider and comment on the field inspection standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. 9. Determine the feasibility of construction equipment ingress, egress and placement at the jobsite including right of way and/or construction easement requirements, soil conditions to support heavy equipment. The CONSULTANT used in the review shall be an individual who will be involved in the actual construction of the overall projects. They shall be thoroughly knowledgeable of current specifications, policies and procedures used by Collier County and FDOT for the design and construction of highway facilities. 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: 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 CONSUL T ANT personnel are set forth in Exhibit "A-A" to this Agreement. The CONSUL T ANT 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 Staffin2: 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 of the 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 CON SUL T ANT within one (1) week of Collier County notification. Personnel identified in the CONSULTANT 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. 15 Agenda Item NO.1 08 May 9,2006 Page 19 of 26 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 of ten (10) days to demobilize, relocate, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. 9.4 Licensin2 for EQuipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSULT ANTS 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 SUBCONSUL T ANT SERVICES: The CONSULT ANT may subcontract for engineering, inspection, materials testing, or specialized professional services. 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 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. A. 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. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract. C. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation. D. 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 of 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 16 Agenda Item NO.1 08 May 9,2006 Page 20 of 26 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 CONSUL T ANT 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. 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 CONSULT ANT 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. 17 Agenda Item No. 108 May 9, 2006 Page 21 of 26 EXHIBIT "A-A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL * Before the project begins, all project staff shall have possess all the knowledge, skills, and abilities required in obtaining the necessary certifications for performing the duties of the 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-degreed personnel the aforementioned registration and ten (l0) 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 ENGINEER - 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 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 A TTSA or IMSA A Master's Degree in Engineering may be substituted for one (l) year of experience. OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and bridge construction engineering inspection (CEI) experience having performed/assisted in the following project-related duties: CQR, progress and final estimates, Supplemental Agreement/Amendment processing, etc.; or a Civil Engineering degree and completion of the Final Estimates Preparation Seminar. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project and accept general supervision and verbal instructions from Project Resident Engineer. Should be familiar with the FOOT Procedures covering project-related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in Multi-Line, Engineering Menu, and complete the State's Final Estimate Self 18 Agenda Item No. 108 May 9, 2006 Page 22 of 26 Study course and attend the Final Estimate Preparation Seminar for Constant CEIs or the District-Specific Final Estimate Preparation Seminar. OFFICE MANAGER - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed the following office related duties: CQR, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Engineer in office-related duties (i.e., CQR, progress and final estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc.). Works under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if an Office Engineer is being utilized. SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection, plus the following: Quali fi cati ons: Concrete Field Inspector Level I Concrete Transportation Construction Inspector (CTCI) Level II (major bridge only) Asphalt Roadway Level I (If applicable) Asphalt Roadway Level II (If applicable) Earthwork Construction Inspection Level I Earthwork Construction Inspection Level II FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: MOT Level II A TTSA or IMSA Nuclear Radiation Safety ACI Level I or a Civil Engineering degree and one (1) year of road and bridge CEI experience. Responsible for performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests, and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Engineer. INSPECTOR - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway inspection plus the following: Qualifications: Concrete Field Inspector Level I Asphalt Roadway Level I (If applicable) Earthwork Construction Inspection Level I FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certi fi cati ons: Nuclear Radiation Safety ACI Level I or a Civil Engineering graduate. Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering 19 Agenda Item No. 108 May 9, 2006 Page 23 of 26 graduates must obtain certifications within the first year of working as an inspector. Exceptions will be permitted on a case-by-case basis as long as certification is appropriate for specific inspection duties. ASPHAL T PLANT INSPECTOR - High school graduate or equivalent plus one (1) year expenence in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: Asphalt Plant Level I Asphalt Plant Level 11 SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard work processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Works under general supervision of the Project Engineer and their staff. GEOTECHNICAL ENGINEER - A Professional Engineer (PE) duly registered under Florida State Rule and Statue, plus four (4) years experience as a Geotechnical Engineer in responsible charge of the geotechnical work on at least two (2) major bridges with drilled shaft or pile foundations (whichever is appropriate). Shall have experience using the drilled shaft inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience using the Pile Driving Analyzer (PDA), CAPW AP & WEEP programs for pile analysis. GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years experience working under a Geotechnical Engineer setting up instrumentation and monitoring the geotechnical work. Able to perform detailed calculations and follow detailed technical instructions. * Exceptions to these minimum standards will be considered on an individual submittal basis. The Construction Project Manager will make recommendations on all personnel action requests 20 SCHEDULE 8 - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES . Schedule of fees for Basic Services 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 . Bench mark verification . Horizontal and vertical control verifications pre-construction and post-construction. Task 5. Expenses . Rent . Phone/FaxlDSL Line . Electric , Cleaning Service . Copier (Rental & Maint.) Agenda Item No. 108 May 9, 2006 Page 24 of 26 $ 731,880 $1,517,406 $20,000 $55,320 $ 80,400 Total for Tasks 1 through 5 . 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#1953637.9 PSA $ 2,405,006 I W-l Agenda Item NO.1 OG May 9, 2006 Page 25 of 26 SCHEDULE B - ATTACHMENT B CONSUL rANT'S EMPLOYEE HOURLY RATE SCHEDULE Professional Hourlv Fee Sr. Project Engineer $140.00/hr Project Administrator $10S.00/hr Office Manager $ 55.00/hr Administrative Assistant $ 42.00/hr Senior Inspector (Regular Time) $ 7S.S0/hr Senior Inspector (Premium Time) $ 9S.S0/hr Inspector (Regular Time) $ 58.50/hr Inspector (Premium Time) $ 84.50/hr PSM $150.00/hr Survey Technician $ 85.00/hr 3-Man Survey Crew $1120.00Iday TPA#1953637.9 PSA X-I Agenda Item No. 108 May 9,2006 Page 26 of 26 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 730 days 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 730 days Task 3. Testing Services . Field Sampling and material testing As Needed Task 4. Survey Services . Bench mark verification . Horizontal and vertical control verifications pre-construction and post-construction. As Needed Based on 24 month CEI contract @30.42 days '" (average)/month TPA#1953637.9 PSA Y-I Agenda Item NO.1 OH May 9,2006 Page 1 of 14 ~;..._"" EXECUTIVE SUMMARY Recommendation to award a construction contract in the amount of $1,975,530.87 to Energy Resources, Inc. and allocate $197,553.09 (10% of the construction cost) for contingency purposes to dredge Haldeman Creek, Project Number 510111, Bid No. 06-3960 and approve the necessary Budget Amendment and approve a change order to Contract Number 01-3216 Haldeman Creek Restoration Project to Woods Hole Group, Inc. in the amount of $264,074.00. OBJECTIVE: To receive Board approval to award a contract to proceed with the dredging work for the Haldeman Creek Basin Restoration project for $1,975,530.87 as per plans to the lowest qualified bidder, Energy Resources, Inc. and allocate $197,553.09 (10% of the construction contract) for contingency purposes. To receive Board approval for a change order in the amount of $264,074.00 to Woods Hole Group, Inc. for environmental monitoring, sediment and disposal site chemical testing and pre and post condition surveys. - CONSIDERATION: The bid was advertised on March 16, 2006. Two (2) bids were received by the due date of April 17, 2006 from Subaqueous Services, Inc. and Energy Resources, Inc. The lowest qualified, responsible bidder was Energy Resources, Inc. Staff recommends that the bid be awarded for the base amount of $1 ,570,010.18 and an additional $118,000.00 for dredging only for the City of Naples portion and $287,520.69 due to the requirement of transporting the dredged material. The County has an existing agreement with Lakeview Drive of Naples, LLC, who has the ownership rights to all the dredged materials. Lakeview Drive of Naples has the opportunity to test these materials to determine if they are suitable for use. If not deemed suitable, the materials must be trucked to the disposal site(s) at the County's expense. The possibility of trucking these materials could cost up to $287,520.69. Staff recommends that this amount be awarded in the event that the materials would be unsuitable for use. The 10% contingency funds in the amount of $197,553.09 (10% of the construction contract) will allow staff to proceed with unforeseen conditions, scope additions and modifications or any other unanticipated necessary tasks in a timely and efficient manner. Once the dredging work is completed, an involuntary MSTU will be formed with an initial millage set at 0 mils. This funding mechanism will be in place to address any future dredging needs. The change order involves additional permit requirements including environmental monitoring, manatee monitoring, sediment and disposal site chemical testing and pre and post condition surveys. These tasks were not part of the original scope of work. - FISCAL IMPACT: Total funds needed are $2,437,157.96. Funds in the amount of $1,106,685.55 are currently available within the Stormwater Management CIP Fund (325) and Fund (301). A budget amendment is needed to transfer $119,472.41 from the Twin Lakes Improvement Project 510058 and appropriate within this project. A budget amendment is also needed to recognize revenue for this project from the following sources: Big Cypress Basin $500,000 Agenda Item NO.1 OH May 9, 2006 Page 2 of 14 South Florida Water Management District $500,000 City of Naples $211,000 Source of funds is Ad Valorem taxes and a grant in the amount of $500,000 (Amendment No. 01 Agreement No. OT040066) from the South Florida Water Management District. An additional $500,000 is expected from the Big Cypress Basin/South Florida Water Management District in FY 2007. Reimbursement from the City of Naples is expected to cover the costs of the project located within the city limits. If funds are not received from the City of Naples, that portion of the project will not be completed. GROWTH MANAGEMENT IMPACT: The dredging work is in accordance with the goals and objectives of the Drainage sub-element of the Growth Management Plan for Collier County Stormwater Management. RECOMMENDATION: That the Board of County Commissioners award contract 06- 3960 to Energy Resources, Inc., for the Haldeman Creek Basin Restoration project in the amount of $1,975,530.87 and direct the Board Chairman to execute a standard County Attorney approved contract with Energy Resources, Inc. and approve the necessary budget amendments and approve a change order for the Haldeman Creek Basin Restoration project in the amount of $264,074.00 with Woods Hole Group, Inc. Prepared By: Margaret A. Bishop, Senior Project Manager, Stormwater Management Department Attachments: (1) Bid Tab, (2) Change Order .-' Agenda Item NO.1 OH May 9,2006 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10H Meeting Date: Recommendation to award a construction contract in the amount of $1,975,530.87 to Energy Resources, Inc. and allocate $197,553.09 (10% of the construction cost) for contingency purposes to dredge Haldeman Creek, Project Number 510111, Bid No. 06-3960 and approve the necessary Budget Amendment and approve a change order to Contract Number 01-3216 Haldeman Creek Restoration Project to Woods Hole Group, Inc. in the amount of $264,074.00. (Norman Feder, Administrator, Transportation Services) 5/9/2006 9:00:00 AM Item Summary: Approved By Margaret A. Bishop Project Manager Date Transportation Services Stormwater Management 4124120063:40 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4124120063:52 PM Approved By Gloria Herrera ManagementlBudget Analyst Date Transportation Services Storm water Management 4124/20063:59 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 4/24120064:38 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4/25/2006 1 :35 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4126120064:43 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 4/2712006 1 :22 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 4127/2006 2:11 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 4/27/2006 3:39 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20064:15 PM Agenda Item No. 10H May 9, 2006 Page 4 of 14 Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 5/2/20064:14 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Management & Budget Director Date Office of Management & Budget 5/2/20064:52 PM Deputy County Manager Date County Manager's Office 5/2/2006 5:36 PM Project Mgr.: Margaret Bishop Date Posted: 3-16-06 Date Due: 4-17-06 BID 06-3960 "Haldeman Creek Restoration Dredging Project" Addendums: 3 Agenda Item NO.1 OH May 9, 2006 ~~~~f ~ Packages Requested: 12 Bids Received: 2 REVISED: 4-24-06 Item Subaqueous Services, Inc. Energy Reaources No. Descriotion QTY UNIT TOTAL TOTAL 1 MobilizationlDemobilization 1 LS $ 423,06100 $ 483,000.00 ---3. a. Spoil disposal site preparation and 1 LS $ 702.707.00 $ 64.00000 final aradina, transportation - b. Final disposal of material Site 1 1 CY $ 6.50 $ 0.026 Lakeview Drive Disposal Site - c. Final disposal of material Site 2 1 CY $ 44.00 $ 6.694 Naples Landfill - d. Final disposal of material Site 3 1 CY $ 6.50 $ 3.462 1722 Tamiami Trail East e. and installation of naviaation markers 14 LS $ 100,000.00 $ 22,000.00 Dredoino Activitv 3 Reach No.1 to a minimum depth of -2 ft. to -5 ft. (MLW) 9.437 CY LS $ 209,546.00 $ 242.000.00 4 Reach No.2 to a minimum depth of -5 ft. (MLW) 13,246 CY LS $ 83,99700 $ 340,000 00 5 Reach No.4 to a minimum depth of -5ft. (MLW) 3,675 CY LS $ 35,42900 $ 94,000.00 6 Reach No.5 to a minimum depth of -5' ft. (MLW) 12,632 CY LS $ 114,27200 $ 325,00000 Total 38.990 CY Total Base Bid (Items 1-6) $ 1.669,069.00 $ 1,570,010.18 AL TERNA TE: Reach NO.3 to a minimum depth of -5 ft (MLW) (City of Naples) 3,962 CY LS 1$ 35,42900 I $ 118,000.00 I Note: 1) in the event of a discrepancy between words and figures, words shall govern. 2) The description of items in this bid schedule is not intended to list every component or activity required. All work shown on the Plans and Specifications, and/or necessary, whether shown and/or detailed on the plans or not, to successfully complete this project on time shall constitute the lump sum cost. This includes, but is not limited to utility (including but not limited to drainage) conflicts that may require locating, modifying, extending, or moving either existing utilities or the proposed work. The contractor shall have no claim for additional compensation for utility conflicts encountered. Material Manufactures: List of Subcontractors: Statement of Experience of Bidder: Trench Safety Act: Bid Bond: Addendums Acknowledged: Y Y Y Y Y Y Y Y Y Y Y Y Opening Agent: Brenda Brilhart Witness: Courtney Grosman Lump sum provided by Energy Resources coverted to unit pricing GC-P-2 ~-- i' _ _______AgendaltemJ:.Jo. 1 n H May 9, 2006 The change order wiD appear on the Finance Log only. It will be approved at the May 9, 2066 Bee m~6 of 14 Date: April 25, 2006 E-Mailed To Bonnie: 1 i i I Project Name: Haldeman Creek Restoration Project Project Number: 51011 BIDIRFP #: 01-3216 Mod#: 4 PO#: 203233 Work Order Number: N/A Contractor/Consultant: Woods Hole Group Original Contract Amount: $ 150.000.00 (Starting Point) Current BCC Approved Amount: $ 612,103.75 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 671.833.75 (Including All Changes Prior To This Modification) Change Amount: $ 264.074.00 Revised Contract/Work Order Amount: $ 936.907.75 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 786.907.75 Percentage of Change Over/Under Current Contract Amount: 53.06 % Overview of change: To include disposal site sediment monitoring, manatee monitoring, disposal site chemical testing and existing condition video docume rion' ems not inclujied in the origi aI scop of work. j Contract Specialist. Scanned Date: Data Entry Information: Type of Change: Change Order Project Manager: Margaret Bishop Department: Storrnwater Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Scanned copies of the back up documentation may be located on the Purchasing G drive: G:lCurrent-Changes to Contracts Revised 7/11/05 Agenc;lqJieml-J~~_LQH_ May 9, 2006 Page 7 of 14 r ~.....J G:I Current - Changes to Work Orders Revised 7/11/05 CONTRACTIWORKO.FU3SR'MGDIF1CATION CHECKLiSt FORM Agenda Item No. 10H May 9, 2006 Page 8 of 14 PROJECT NAME: Haldeman Cl'eekBestoratio.l"I Proiect PROJECT #: 51011 BID1RFP #: 01-3216 MO'O#:Amendment No.4 POlF:203233 WORKORDER #:N/A DEP ARTMEfsrT:,Stormwater Manaaement Original Contract Amount: $ 150,000.00_ (StartltJgPoint) Current BCeAppro-'Ved Amount: $612.103.75 (Last Total Amount Approved by the BCC) Current~ontract. Amount: $672.833.75 (Including All Changes Prior To This Modification) Change Amount: $264,074.00 $936,907.75 (Including This Change Order) Revised ContracfAY-ork Order Amount: " ,.. CtunulativeID(jIJar.:Yalue of Changes to this Contract/Work Order: $786.907.75 Date of Last'BCCApproval June 8.:2004 Agenda Item # 16B17 Percentege5oftf1e'iChange over/under current contract amount 53.06 % Formula:t~rret1tiAmount / Last BGCapproved amount)-1 Resultsa1'[t1h;ActionS: If the change>exceeds 10% BCC approval is required; under 1 0% reported to BCe on' Purchasin~:f.report.' For specific information regarding work order thresholds, please refer to the Administration Procedures, Section tll.CA. CURRENT COMPLETION DATE (S):ORIGINAL: June 2005 CURRENT: June 2007 SUMMAR~ OF'PROPOSED CHANGE (5): Identify the changes. The oriQinal scope of work did not inctude disposals'itesediment monitorinQ;' manatee monitorinQ, disposal site chemical testinQ and existiAQ conditianJlldeo:documentation; . JUSTIFICATION FOR CHANGE.(S).:Wtrat value or benefit do these changes provide to the project? The original scope of work was written in 2003. The proiect scope has chanaed over time. . Thefinat permit requirements include additional monitoring and sediment testinQ which involves additional construction over site arid pre and post condition surveys. PARTIES. CONTACTE0REGARDING:, THE CHANGE: < StotmwaterManagement Director.: Purchasing ContraclSpecialist IMPLEMENTATION STEPS (Verifyceachbeforeproceeding with change using V, N orN/A) y. Propos-eochange is consistent with the scope of the existing agreement Y Proposedcharrge is in fact an addition or deletion to the existing scope Y Change islDeing implemented in a manner consistent with the existing agreement y. The appropriate parties have been consulted regarding the change y. Proposed prices, fees and costs set forth in the change are reasonable PROJE.CT MANA ER RECOMME DAJ'JO,N; Thisforinis. to b.esigned and dated.. APPROVE BY: . (~ <~ Date: 41' ..) <f - 0 (., S~PJ.oj.ec.t. ajl~g'erljJ;,. .,,' (_._ /" I REVIEWED BY:ftr--tl):,"-rf""';( C,li4H1/1:;:/:.,c ,--}. Date: .417-/ /{i/Q i' I I . '" . , _ Contract Specialist i\ Revi sed 4/25/2005 i ) CHANGE ORDER Agenda Item NO.1 OH May 9,2006 Page 9 of 14 Cf'i~NGEOROEFt;OO. c,~o. 01.,32'ifg( 'i! . <e:Jur:leiB. 2004 A9,~!1dalterrH 16m:17 '. TO: Lee L. Weishar Woods.HoteGroup 81 TecllnoloavPa'f'k Drive East'Fatmouth.MA 02536 DATE: Aorl117. 200$ . PROJECT'NAME: Haldeman Creek Aestoratiom iPrGlect PROJECT NO.: 5\101'11 ;~+<' .'. '. 'i,m, .. ,', .. . .: >:rn~ Ch~ge Qroet (Add):, "< ,presentAg~~~~~~~~ $150.0OCUilO "~"" ".,;:, $sn,; "'on'snaW:be,'lncrea; !'~'_ -- -" . -,' ,;' , '" . ':fli' ,.; " .~ ; 'Time . is; 'how seve ;""fnosr 200a'and'the f ....f'~h~n.'ponstituteamodjfic' s'and'1conditions ..ascoritain , diit;thisacc~~tance;,l'he '.". mfjrt(of anya~allclalrm~ 0, ',' , ,:.".J j ';rhCludhlg clajm$"~(l)rimRad~;~l1ddelay'oqs Accepted: 't!~1 i 2006 CONTRACTOR: ~~s Hole Group ",,~ _t'::-;iip.": OF!,q~,lJWJ~Re '.tiJTv,...., 4. . ''-I! \ /} By: :4,.- ',." A," (~~-.40 Margaret. shop, Pt., Sr. Proje Manager I,' ~=~ ~;/-- ElY';! . i ..=~" Lfl. """';;,;., ~,Q~~ij~i Calvert. P. E., Djrector ~.~ . .. J. Le . ella, CFO . '.. '.. . Revlb'ea'21241.!OO5 av~. . L' ,p;:;; Norman Feder, AfCP, Administrator "" -i: ::, : - , ii :H;[;;.:~, ~.~ ,.', . ' , ;-- '. i!, ,~,' ::;;t ..:. ~ ; " : . ~ '.. ,', .!. ~,,,,-,,-'.L'; . I "r'~- ~t ! ',l~l1~' 'f.,:f< . Fl Ii i.' LI ~l . ~ J ! ,..... 'I i · ,f) r;-r ~~f~ f ~ ! !I A; ! : i It It l _....~'t........J. i,o: I ;J ! : ! ':;i j ~ i Jl: l~...+ '1'1 12 i I :.'I~.J1 ,i; il: . ~.~:h CD I ..:~J~i Ii I ,.,.If.. ',.'.J. i i ..,~".t)'~ 1']''Ii ! 0 j .J>-t- : II) i ~J j ~ i ~:'J, I ~ i r j 1::J i . r"~ ! g ! ,~\l J ~ j :. <1 i g i . ,.'.;.11 I a I · !!,;l 'l:l~- ;'.ii'it I ~ I 'f.~} j ~ I !.,.... 10 I tj : ~ I i 'I f I t ~ ~ ~ ~}J~wf ~,! j: i f-i I ~ ~ ~...' .~,. '.K . 'i ~ i,' I i ~ ! ~ j. i ii i r t I ~ I I ;., ; I ! Go i i ! ~ j I -: ... 1 I,. ~: i : a i . -::r: ! I '.. 1 ~: ~ J I ~ i 1 ..1............1.... !! ! ! i : i ~,~ j. ! I 1 j . ~-:. ;~. ..I:'~,.l,. ,. I ! Agenda Item NO.1 OH May 9, 2006 ~ of 14 INOODS ~ HOLEGROUP March 21, 2006 Ms. Margaret Bishop Stormwater Management 2885 South Horseshoe Drive Naples, FL 34104 Dear Ms. Bishop: This letter summarizes the additional funding request for the construction phase services for the Haldeman Creek Restoration Project. This request is based on a change in our scope of services due to project pennit conditions, requirements within Agreement between Collier County and Lakeview Drive of Naples, LLC (dated September 13, 2005), and services not covered in original contract. I have included two spreadsheets that provide cost estimates for these services (attached). The first cost estimate is a modification of the original Task 7 within the contract. The attached spreadsheet gives a break down of the original funding authorized and a request for additional funding that is required due to a change in the scope of services that occurred due to the permits (DEP and ACOE) and the approximately two years between the initial contract and the commencement of construction oversight. Provided below is a description of each task associated with the additional funding request. Task 7 Modification The change in Task 7 has occurred because of the increased onsite monitoring that will be required by the permits (DEP and ACOE) and the developer. You\Vill notice that I have requested a reduction in funding for the Woods Hole Group in Task 7.1.0. This is because the majority of the onsite monitoring will be completed by our sub contractor. Therefore, I have asked that these funds be shifted into the subcontractor category. A4~itionally, there is an increase in funding requested for Morgan & Elkland. This is required due to the length of time between the initial bathymetry survey and the commencement of construction, segmenting of the project to isolate fine grained material from coarse grained, and the need tq monitor the dredging activities for pay purposes. Detailed request for additional funds is describ~d below: Prepare Plans and Technical Specifications Based upon the project permits, modifications made to the design during the permit process, requirements from the County Environmental staff, County requests to segment the project into reaches, and overall design modifications resulting from the length of time the project has been ongoing a revised set of design drawings, plans and specification need to be prepared in anticipation of construction. Agenda Item No. 10H May 9,2006 Page11of14 Prepare Construction Contract Documents Based upon the above circumstances, a set of construction documents needs to be prepared that incorporate all changes, conditions and modifications to the project plans. Site Representation during Construction and Construction Phase Turbiditv Monitoring It is anticipated that construction will go beyond the original schedule and'timeframe. Permit conditions also require turbidity monitoring and reporting take place throughout the dredge activity. One person must be designated who is qualified and trained in water quality sampling to ensure water quality standards are maintained during construction. Wee1dy Construction Progress Meetings It is anticipated that construction will go beyond the original schedule anA timeframe, which will require additional progress meetings. We are including an additional three (3) construction progress meetings. A funding recap for task 7 contained in Table 1. The more detailed cost breakdown for task 7 is shown in Figure 1. . . :tj' Table 1 Funding Recap Task 7 original authorized funding $74,731 Request Task 7 funding increase PES&! Labor PES&! ODe M&E Survey Labor arready expended Task 7.10 reduction $106,804 $8,000 $68,000 . "1~ ;."1 , . ($9,135) ($20.550) Tasks 24,25,26,27,28, & 29 The permits issued by DEP and the completion of the agreement between the developer and the county resulted in several additional tasks that were not included in the original proposal. These are outlined in Figure 2. The justifications for these tasks are as follows. Manatee Monitoring Permit conditions require manatee monitoring and reporting take place throughout the dredge activity. One person must be designated who is qualified and trained in manatee observation as well as be approved by Florida Fish and Wildlife Conservation Corntnission and United States Fish and Wildlife Service. Disposal Site Sediment Monitoring. Based upon the requirements of the Agreement between Collier County and Lakeview Drive of Naples, LLC, it is required to collect samples, monitor, test and provide weekly reports of the results. Agenda Item No. 10H May 9, 2006 Page 12 of 14 Wetland Mitigation Based upon the permit requirements, oversight necessary and proposed impacts to wetlands throughout the disposal site, additional management of the wetland resources is required. Services will include site inspections prior to, during and after dredge activity to ensure the wetland impacts do not exceed the authorized level within the project permits. Pre-Construction Survey and Stake-Out Including Disposal Site The County (not contractor) will be responsible for conducting all project survey work. This will allow the County to maintain control over the work progress and ensur,e the project meets all specifications and permit requirements. Disposal Site Exit Chemical Testing The agreement between the County and the Developer specifies that the disposal site will be clean and have uncontaminated soil on the surface. The chemical testing'is specified in the agreement. We have modified the plans and specifications to require the c.ontractor to remove the top 6 - 12 inches of sediment :from the containment cells. After thi~ material has been removed :from the site, clean material from the containment berms will be graded back onto the site to dress it up. The agreement specifies that the Developer can r~quest up to 35,000 yd3 material :from the project. No provisions have been made to c~emically test this unspecified amount of material because the number and quantity of samples for testing can not be determined. If additional testing is required, we will provide the County with a cost estimate to perform this work. Video Documentation of Shoreline Condition and Shoreline Structures .. Many changes have occurred to the shoreline in the two years between: the last shoreline documentation and anticipated construction start date. We will provide an updated video to document the condition of the structures and the shoreline prior to construction. This documentation will help protect the County from damage claims as a res.ult of the dredging project. . , Meetin2s and Coordination It is anticipated that during the construction period there will be a large number of meetings between the County the selected contractor and various agencies. This taskrequest is to cover these costs. We look forward to completing this project for the County. Please let me know if you require any additional information. Lee L. Weishar, Ph.D. I(.O~ .Qg= "\JO .Jl~ ~ ,: >- a> c:roOJ 22:ro - Q.. ro "'0 c: a> OJ <l: III .. u ~ Ql III g 1: Ql Ql C '2 Jj ~ :I g l.J '" ~ "5 l.J ~ i ~ ~ ~ i ~ ~..~r$ ~ ~ ... ~ - .b · ~ '* i ~ cf~~~ 1~~5 ~ I e:~ ~J~~ .. ' != ~~~c l!~~ - ~ u ~ .!!- ~ ';i e ~ j t>>r:L (.Q. 2 c ... .. ;S;~ r0- o:: 1i ..-l 15s ~~ :0 en .! !:X: ~& ~ !E~ ~ '8: :::Iii cJ t: ~fi~1; rdE15 1--8..... 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'" co s: ., o l,l "E '0 I- Agenda Item 101 May 9, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation for the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) to authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Ba)'shore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the execution of the real estate contract, authorize a Phase I survey, and authorize all necessary budget amendments. OBJECTIVE: That the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redeyelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize execution of the real estate contract; authorize a Phase I study; and authorize all necessary budget amendments. ,~" BACKGROUND: Florida Statute 163.358 - known as "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to approve the acquisition of property, and Florida Statute 163.370 - known as "Powers; counties and municipalities, community redevelopment agencies, delineates other powers necessary to carry out the purchase and sale of property. Collier County Ordinance 2000-42 establishes the Redevelopment Trust Fund and appoints the governing body of the Community Redevelopment Agency (the BCC) as the trustee of the Redeveloprnent Trust Fund and states that funds shall be disbursed from the fund as provided by the agency. CONSIDERA TIONS: The Community Redevelopment Agency Local Advisory Board has identified several pieces of property important to the proactive development of the Bayshore sector of this CRA. This tract of land is identified in the CRA Master Redevelopment Plan as a potential site for a catalyst redevelopment project. Acquisition of these parcels will provide the CRA with an opportunity to achieve many of the objectives stated in the CRA Master Redevelopment Plan. .- After nine months of discussions and negotiations with the property owners, the Local Advisory Board has agreed to a purchase price of $4.6 million for approximately seventeen (17) acres of the targeted site. A real estate contract covering this parcel is attached for the CRA Board to review and approve. An additional loan of $2.4 million is requested as set -aside for the future Agenda Item 101 May 9, 2006 Page 2 of 3 acquisition of parcels surrounding the identified site, which are contiguous, but under different ownership. Discussions with these property owners are ongoing. Based upon discussions with the County's independent financial advisor as well as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via request for proposal. Since a significant portion of this real estate may be sold to a developer, this transaction does not meet federal tax law requirements for a tax exempt debt issuance. Therefore, conventional tax exempt municipal debt or commercial paper cannot be used. Securing a taxable loan via Bank RFP provides the best approach for a timely and cost effective financing. Since tax increment revenues are pledged to pay debt service, notification to all affected taxing bodies may be necessary no less than fourteen (14) days before closing the transaction. All due diligence connected with acquiring the seventeen (17) acre parcel must be completed by June 6, 2006. Closing must occur on or before July 7, 2006. The county's financial advisor and bond counsel indicate that the Bank RFP process together with closing on the loan proceeds can be completed within the contractual timelines. FISCAL IMPACT: Sufficient budget is available in the Bayshore/Gateway Triangle Fund (187) to cover the $50,000 earnest money deposit for the seventeen (17) acre contract. CRA tax increment revenues are sufficient to cover projected debt service payments on the $7M financing. Budget amendments will be necessary to set up the required debt service reserve. This financing will require the pledge of CRA tax increment revenues as the debt repayrnent source as well as other ministerial language required by statute. It is envisioned that all enabling documents will be negotiated and prepared for subsequent BCC and CRA approval assuming the BCC and CRA authorize this acquisition to proceed. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. LEGAL CONSIDERATIONS: Once the Bank is selected through the Bank RFP process, bond counsel together with staff from administration and the county attorney's office will prepare all ofthe necessary loan documentation which will be presented to the CRA and the BCC for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. - RECOMMENDATION: That the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in the amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approyal all required enabling documents to pledge CRA funds as the loan repayment source; direct the CRA Chair to execute the real estate contract; authorize a Phase I survey; and authorize all necessary budget amendments. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item 101 May 9, 2006 Page 3 of 3 Meeting Date: 101 This item to be heard immediately following Item 14A. Recommendation for the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) to authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the execution of the real estate contract, authorize a Phase I survey, and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore/Gateway CRA) (Companion to Item 14A) 5/9/20069:00:00 AM Item Number: Item Summary: Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/3/20065:14 PM Agenda Item No 14A May 9, 2006 Page 1 of 26 EXECUTIVE SUMMARY Recommendation for the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) to authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the execution of the real estate contract, authorize a Phase I survey, and authorize all necessary budget amendments. OBJECTIVE: That the Collier County Board of County Commissioners (BCe) and the Community Redevelopment Agency (CRA) authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize execution of the real estate contract; authorize a Phase I study; and authorize all necessary budget amendments. --. BACKGROUND: Florida Statute 163.358 - known as "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to approve the acquisition of property. and Florida Statute 163.370 - known as "Powers; counties and municipalities, community redevelopment agencies. delineates other powers necessary to carry out the purchase and sale of property. Collier County Ordinance 2000-42 establishes the Redevelopment Trust Fund and appoints the governing body of the Community Redevelopment Agency (the BCC) as the trustee of the Redevelopment Trust Fund and states that funds shall be disbursed from the fund as provided by the agency. CONSIDERATIONS: The Community Redevelopment Agency Local Advisory Board has identified several pieces of property important to the proactive development of the Bayshore sector of this CRA. This tract of land is identified in the CRA Master Redevelopment Plan as a potential site for a catalyst redevelopment project. Acquisition of these parcels will provide the CRA with an opportunity to achieve many of the objectives stated in the CRA Master Redevelopment Plan. After nine months of discussions and negotiations with the property owners, the Local Advisory Board has agreed to a purchase price of $4.6 million for approximately seventeen (17) acres of the targeted site. A real estate contract covering this parcel is attached for the CRA Board to review and approve. An additional loan of $2.4 million is requested as set -aside for the future -- Agenda Item No 14A May 9, 2006 Page 2 of 26 acquisition of parcels surrounding the identified site, which are contiguous, but under different ownership. Discussions with these property owners are ongoing. Based upon discussions with the County's independent fmancial advisor as well as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via request for proposal. Since a significant portion of this real estate may be sold to a developer, this transaction does not meet federal tax law requirements for a tax exempt debt issuance. Therefore, conventional tax exempt municipal debt or commercial paper cannot be used. Securing a taxable loan via Bank RFP provides the best approach for a timely and cost effective financing. Since tax increment revenues are pledged to pay debt service, notification to all affected taxing bodies may be necessary no less than fourteen (14) days before closing the transaction. All due diligence connected with acquiring the seventeen (17) acre parcel must be completed by June 6, 2006. Closing must occur on or before July 7, 2006. The county's financial advisor and bond counsel indicate that the Bank RFP process together with closing on the loan proceeds can be completed within the contractual timelines. FISCAL IMPACT: Sufficient budget is available in the Bayshore/Gateway Triangle Fund (187) to cover the $50,000 earnest money deposit for the seventeen (17) acre contract. CRA tax increment revenues are sufficient to cover projected debt service payments on the $7M fmancing. Budget amendments will be necessary to set up the required debt service reserve. This financing will require the pledge of CRA tax increment revenues as the debt repayment source as well as other ministerial language required by statute. It is envisioned that all enabling documents will be negotiated and prepared for subsequent BCC and CRA approval assuming the BCC and CRA authorize this acquisition to proceed. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. LEGAL CONSIDERATIONS: Once the Bank i~ selected through the Bank RFP process, bond counsel together with staff from administration and the county attorney's office will prepare all of the necessary loan documentation which will be presented to the CRA and the BCC for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. RECOMMENDATION: That the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in the amount not to exceed $7,000,000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; direct the CRA Chair to execute the real estate contract; _ authorize a Phase I survey; and authorize all necessary budget amendments. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No 14A May 9,2006 Page 3 of 26 14A This item to be heard at 2:00 p.m. Recommendation for the Collier County Board of County Commissioners (BCC) and the Community Redevelopment Agency (CRA) to authorize the County Manager or his designee to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $7,000000 from a commercial lender selected via RFP (Bank RFP) in order to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; direct the County Manager or his designee to execute a commitment letter with the selected lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the execution of the real estate contract, authorize a Phase I survey, and authorize all necessary budget amendments (Companion to Item 101) 5/9/2006900:00 AM Prepared By David Jackson Community Redevelopment Agency Executive Director Date Approved By Bayshore-Gateway Redevelopment 4/28/20062:15:37 PM .....David Jackson ;mmunity Redevelopment Agency Executive Director Date Approved By Bayshore-Gateway Redevelopment 4/28/2006 2:20 PM Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/30/200610:13 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 5/3/20065:12 PM COJ.\tIPLETE APPRAISAL SU1\1MARY REPORT OF A 17.09 ACRE VACANT TRACT OF L-\l'JD Owned byPlumeria Enterprises, LLC 4265 Bayshore Drive Naples. Collier County, Florida CEC FILE NO: 06146 As of Aprilll, 2006 FOR Mr. David Jackson Executive Director Bayshore Gateway Community Redevelopment Agency 2408 Linwood Avenue, Suite 11 Naples, FL 34112 BY COASTAL ENGINEERING CONSULTANTS, INC. REAL ESTATE DIV1Sl0N 3106 S. Horseshoe Drive Naples, Florida 34104 (239) 643-2324 Fax: (239) 643-1143 '_'YY~~'_"".....-..~-~-_....,.........__".~.~ ..m"~'m'.__,.... Agenda Item No 14A May 9,2006 Page 4 of 2e I COASTAL ENGINEERING CONSULTANTS INC. Agenda Item No14A May 9, 2006 CEClGnul~e 5 of 26 CiYlI Engineering . Planning Services SIJ'WY&Mapping Coa5lal Engineering Rea.! Estate SlIMcea Website: wwn'.COBStalenglneerlng.com April 17, 2006 Mr. David Jackson Executive Director Bayshore Gateway Community Redevelopment Agency 2408 Linwood Avenue, Suite 11 Naples, FL 34112 RE: Plumeria Property (17.09 Acre Vacant Land Tract) 4265 Bayshore Drive. NapJes,CoUler County, Florida CECFile No.: 06.146 Dear Mr. Jackson: We have personally inspected the propeny identified above and have analyzed all data considered relevant to the valuation of this property. The purpose of our inspection and analysis was in coyUunction with our estimation of current market value to assist the BayshoreGatcwllY Community Redevelopment Agency in acquiring the subject property. The eoclosed appraisal report is writteo in conformance with the guidelines and. requiretllentsas set forth by the Uniform Standards of Professional Appraisal Practice (USPAP), year 200:5 edition, and the Supplemental Reporting Requirements of - - Collier County. The report format is written to conform to the requirements for a Complete Appraisal, Summary Report format, according to USP APrequirements. This letter is for the purposes of transmittal. and is a part of the attaChed report. It is not intended to be an appraisal of the subject property, in and of itself, and must be considered in conjunction with the complete appraisal report for the ..-alue opinion set forth herein to be valid This letter is for the purposes of transmittal, and is a part of the attached report. It is not intended to be an appraisal of the subject property, in and of itSelf, and must be considered in conjunction with the complete appraisal report for the cost opinion set forth herein to be valid. The effective date of the appraisal report is the date of this letter. The effective dale of value is the date of our most recent inspection of the property, April II, 2006. . Based 011 our analysis of the subject property and the marketplace within which it exists, it is our opinion that the market value of the subject property as of Aprilll, 2006 is: SIX MILLION EIGHT HUNDRED THOUSAND DOLLARS ($6,800,000) Sincerely, TS, INC. William H. Reeve, Ill, V.P. - Dir. R.E. Division State Cenified General Real Estate Appraiser RZ943 ~?~ Michael P. Jonas Senior Staff Appraiser State Certified General Real Estate Appraiser RZ2623 3106 S. Horsesboe Drive.. N<lple$, Florida 34104. Phone (239) 643-2324 Fax (239) 643-4364. E-IlIlIil; crwtoUim41c:ecifl ami Agenda Item No 14A May 9, 2006 Page 6 of 26 Proper1y Type: SUMMARY OF SALIENT FACTS AJ\'D CONCLUSIONS Owner Name & Address: Location: Purpose, Use and User of Apprdisal: Property Rights Appraised: Land Size Zoning: Land Use Designation: Highest & Best Use: Date of Inspection: Nature and Extent oflnspcctions: Date of Value: The subject property is a 17.09 acre vacant mixed use development tract ofland. Plumeria Enterprises, LLC 3270 64th Street SW PO Box 771240 Naples, FL 34107-1240 The site has an address of 4265 Bayshore Drive and is located on the east side of Bayshore Drive, north of Jeepers Drive/\Vindstar Boulevard and south of Lunar Street, Naples, Collier County. Florida. The purpose of the appraisal assignment is to estimate the current market value of the subject property. The intended use of the appraisal is to assist the Bayshore Gateway C',()ffiJnunity Redevelopment Agency in acquiring the subject property. The intended user of this report is the client, Mr. David Jackson. Executive Director of the Bayshare Gatev..ay Conununity Redevelopment Agency. Fce Simple 17.09 acres, based on the information provided by the client and a review of the Collier Property Appraiser Records. C-l, Conunercial Convenience and MH, Mobile Home by Collier County. Urban Mixed Use-Urban Coastal Fringe District with BayshorelGateway Triangle Redevelopment Overlay. The future land use map also designates the subject property within the Trdflic Congestion Boundary and the Coastal High Hazard An..-a. As vacant - Mixed Use Development with 216 residential units As improved - Not Applicable i\prilll,2006 The property was inspected by William H. Reeve. IIL MAl, SRA., and Mjchael P. Jonas on April II, 2006. No one accompanied the appraisers on this inspection. April II, 2006 PROPERTY ADDRESS OR LOCATION Agenda Item No 14A May 9,2006 Page .7 of 26 The site has an address of 4165 Eayshore Drive and is located on the east side of Bayshore Drive. north of Jeepers DriveIWindstar Boulevard and south ofLunaf Street, Naples, Collier COW1ty, Florida. PROPERTY OWNER NAME A.,~D ADDRESS Plumeria Enterprises, LLC 3270 64th Street SW PO Box 771240 Naples, FL 34107-1240 LEGAL DESCRIP1;lPN AU of Lot 108, less and excepting the North 273.44 feet of the West 425 feet and the Kelly Road Right-of. Way, Naples C'Jtove and Tru.ck Co's Little fanns. No.2. according to the plat in Plat Book 1, Page 27.A... Public Records of Collier County. Florida. AND -~.. --. All of Lot 109, Jess and excepting the West 425 feet and the Kelly Road Right-of-Way, Naples Grove and Truck Co's Little Farms, No.2, according to the plat in Plat Book I, Page 27A, Public Records of Collier County, Florida. AND The West 415 feet of Lot 109, Naples Grove and Truck Co's Little Farms, No.2, according to the plat in Plat Book 1, Page 27-T, Less the East 200 feet and the West 25 feet thereof, Public Records of Collier County, Florida. AJ'ID The East 200 feet of the West 425 feet of Lot 109, Naples Grove and Truck Co's Little Fwms, No.2, according to the plat in Plat Book 1, Page 27, Public Records of Collier County, Florida. Together willi an ingress and E~TJ'esS Ea..<;ement across the North 30 feet of the East 200 feet of the West 225 feet of Lot 109, Naples GI'O've and Truck Co's Little Farms No.2. 2 pROPERTY RIGHTS APPRAISED Agenda Item No 14A May 9,2006 Page 8 of 26 The interest to be appraised is the Fee Simple Estate. Fee Simple is defined as "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power. and escheat". 1 PURPQSE. INTE.1!PED !I.SE. AND Il'i-nNDED USER OF APPR.uSAL The purpose of the appraisal assil:,>nment is to estimate the current market value of the subject property, The intended use of the appraisal is to assist the Bayshore GateWay Community Redevelopment Agency in acquiring the subject property. The intended user of this report is the client, Mr. David Jackson, Executive Director C1fthe Bayshore Gateway Community Redevelopment Agency. SCOPE OF THE APPRt\.JSAL In the course of our research for the valuation of this property, and in compliance with the competency provision of the USP AP, the appraisers performed the following tasks: . Inspected the subject property fTOm Bayshore Drive. . Researched the competitive market for sales within the immediate market area near Eayshore Drive from January of 2003 to the present. . Discussed the residential and conunercialland market with severdllocal brokers, investors, and property owners active in the immediate market area. . Confirmed all compardble data '\ovitb a party to the transaction (a broker, buyer, seller or title company agent). . Analyzed all available data and applied the Sales Comparison Approach to vruue. The Cost Approach and Income Approach were not applicable, as the suhject is vacant land. SPECIAL ASSUMPTIONS A.!IID LIJ\UTING CONDITIONS The subject property is located within a redevelopment area and would require zoning approvals prior to development. As supported in the site assessment prepared by Johnson Engineering, the maximum density that would be approved for Mixed Use development consistent with the Future Land Use of the subject property is approximately 216 residential units (12.63 units per acre) with some commercial first floor retail commercial along Bayshore Dr. Based on our sales research, most residential projects in the Naples market area range from 8 to 10 units per acre. 'nlerefore, the appraiser has concluded that the ultimate development density of the site would be approximately 10 units per acre or 170 developable units. I The Dictionary of Real Estate Appraisal, Fourth Edition. 2002. Page 113 3 Agenda Item No14A May 9,2006 Page 9 of 26 Based on the information provided by the client and prepared by Johnson Engineering, approximately 4.68 acres of the site is former borrow area and approximately 3.54 acres are wetland~. The remaining 8.87 acres of the subject prop:=ny are classified as uplands. The exact impact these features. will have on the ultimate development of the site is currently unknown. Further site planning studies must be performed to detennine the ultimate density and intensity yield for the site, considering constraints such as environmental, stormwater, parking and architectural requirements. It is asswned that the borrow areas of the site could be backfilled to accommodate thedevclopment of 170 residential units. A list of our standard General Assumptions and Special Conditions is contained in the Addenda of this report. APPRAISAL FORMAT This report is written in conformance with reporting requirements for a Complete Appraisal, Summary Report format, according to Uniform Standards of Professional Appraisal Practice (USPAP). TYPE OF PROPERTY ,,-,... .....,.,: The subject property is a 17.09 a(..Te vacant mixed use development tract afland. I>EFINlTION OF MARKEl V AI-.1!'E The most probable price which a property should bring in a competitive and open market under all conditions requisite 10 a fair sale. the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and passing the title from seller to buyer under conditions whereby: . Buyer and seller are typically motivated; · Both parties are well informed or well advised and each acting. in what they consider their own best interests; . A reasonable time is allowed for exposure in the open market; · Payment is made in terms of cash in U.S. dollars or in terms offmancial arrangements comparable thereto; and · The price represents the nonnal consideration for the property sold unaffected by special or cl'e<'1tive fmancing or sales concessions granted by anyone associated ",ith the 5a]e.2 2Uniform Smndards ofProfcs.~ional AppJ1lisaJ Practice, 2005 Edition 4 Agenda Item No 14A May 9, 2006 Paae 10 of 26 This defInitiou is predicated upon a reasonable exposure time. which is concluded to be approximatery twelve months in the current market climale. This estimate of exposure time is based on a variety of factors including analysis of current market trends, information from brokers aclive in the area, and verification of comparable sa1es used in this report. EFFECTIVE DATE OF VALUE AND DATE OF REPORT The date of Lhis appraisal report is the dale of the iransTnittalletter at the front of the report. TIle effective date of value for the appraisal is April 11, 2006, which is the date of our most recent inspection of the subject property for the purposes of this appraisal. PROPERTI'INSPECTION The property was inspected by William H. Reeve, 1lI. MAl, SRA, and Michael P. Jonas. The most recent inspection was on April 11 ,2006. No one accompanied the appraisers on this inspection. HISTORY OF THE PROPERTY (LAST 5 YEARS) Subject property has sold within the last five years: Yes ( X) No ( ) According to Collier County Property Appraiser Records. the subject property is the combination of three tax parcels under the same ownership. Each of the parcels have been acquired by the present o~ners within the last three years. 'Ibe owners first acquired the 1.72 acre C-4 zoned parcellocaLed along Bayshore Drive on November 13, 2003 for $550.000 or $7.34 per square foot. The owners then acquired the 1.52 acre :MH zoned parcel located adjacent to the east side of the first parcel on July 12, 2004 for $199,900 or $3.02 per square foot. Lastly. the owners acquired the 13.85 acre MIl zoned flag parcel on August 25,2004 for $375,000 or SO.62 per square foot (S2i,076 per acre.) All three sales have been verified with the sellers and were arms length transactions. .<\11 three sales were actively listed with a local realtor and are considered valid indications of market value at the time of sale. However, these sales will not be utilized in the ~valuation of the subject property as they do not represent current market value of a mixed use development tract in the Subject market area. The property is currently listed 'With Michael O'Marn of John R. Wood Realtors. According to the listing infonnation provided by Mr. O'Mara, the subject property combined with 0.5 acres ofC-4 property to the north is actively listed for $8,000,000 or $10.42 per square foot for the total site of 17;62 acres. A copy of the listing is located in the addendum of this report. The 17.09 acre subject property is not currently under contract. The listing agent further indicated that an offer was made to purchase the site for $7,000,000 on March 20,2006. 5 NEIGHBORH09D DESCRIPTION Agenda Item No 14A May 9,2006 Page 11 of26 TIle subject property is located along the east side of Bayshore Drive within the BayshorelGateway Redevelopment}\rea. The subject neighborhood is considcrcdto be tbeentire section ()f Bayshore Drive extending from US41 on the north and 'Ibomasson Drive to the South. The Bayshore Drive corridor has seen an increase in interest in recent years with enhanced streetscape, new.rcsidential developments.and the Botanical Gardens which is located at the southwest corner of Bayshore Drive and Thomasson Drive. That location is currently improved with ot1ice space, which is primarily occupied by the Botanical Gardens, and will function as their administrationo[iice once the gardens are complete. Residential development in the area consists of Windstar Country Club and the Cricket Lake and Pinebrook lakes apartment complexes. Some recent approved developmenls in the area include the Botanical Place PUD (July 29, 2003) with 21 B units and the Cirrus Pointe RPUD (November 15, 2(05) with 108 units. Low intensity commercial development is located along Bayshore Drive, with several older mobile home parks located throughout the area. Access to the neighborhood is adequate. from both the north and south. Schools in the area are adequate to support the area. Schools servicing the neighborhood inClude Avalon Elementary School, East Naples Middle School and Lely High School. Also located within the vicinity of the neighborhood is Sugden Park. "The foreseeable future for the subject neighborhood appears to be a continuation of the same increase in residential development with low intensity commercial along Bayshore Drive. Consideringtbe ongoing favorable growth trends in population, increasing value trends, and increasing demand for aU types of development, the prospects for future appreciation in the subject neighborhood are considered good. There is an ongoing decline in supply of available land within this area. Overall, the subject neighborhood is not more than approximately 60% built out with some tracts of land . currently being developed. ...\lthough the future appears positive with signs of grddual growth, this market should be monitored for changes on a continual basis. The future trend is positive; 6 AERIAL PHOTOGRAPH Agenda Item No 14A May 9,2006 Page 12 of 26 ;".,...; 11 INTEGRA Really Resources Agenda Item No 14A May 9,2006 Page 13 of 26 SOLllHV",T FICkIDt. Local Expertise.. . Nationally May 1,2005 David Jackson Executive Director Bayshore Gateway CRA 2408 Linwood Ave Suite 11 Naples, FL 34112 SUBJECT: Market Value Appraisal Bayshore CRA 4265 Bayshore Drive Naples, Coli ier County, Florida 34112 Client Reference Number: P.O. 4500060363 1 ntegra Southwest Florida File No. 152-2006-0164 Dear Mr. Jackson: Integra Realty Resources - Southwest Florida is pleased to submit the accompanying appraisal of the referenced property. The purpose of the appraisal is to develop an opinion of the market value as is of the Fe~ Simple interest in the property. The client for the assignment is Bayshore Gateway CRA. The intended use is for property acquisition purposes. This is a complete appraisal in a summary report that is intended to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and the appraisal guidelines of Bayshore Gateway CRA. The appraisal is also prepared in accordance with the appraisal regulations issued in connection with the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). The report has been prepared under the summary report option of Standards Rule 2-2 of US PAP. As such, it contains summary discussions of the data. reasoning, and analyses that are used in the appraisal process whereas supporting documentation is retained in our file. The depth of discussion contained in this report is specific to the needs of the client and the intended use of the appraisal as noted herein. IRR. 4795 Enterprise Avenue. Naples. FL 34104-7042 Phone: 239-643-6888 . Fax: 239-643-6871 3307 Clark Road, Suite 101 . Sarasota, FL 34231-8419 Phone: 941-923-8588 . Fax: 941-923-8893 Agenda Item No 14A May 9,2006 Page 14 of 26 David Jackson Bayshore Gateway eRA May I, 2005 Page 2 The subject is a parcel of vacant land containing an area of 17.281 acres, or 752,727 square feet. The property is zoned BMUD-NC (C-2) & BMUD-NC (MH), Neighborhood Commercial Subdistrict. which permits various professional and personal offices and services; various retail & food stores; artist studios; barbcrlbeauty shops/schools; civic/cultural; hotel/motel; marinas; membership organizations; motorhomes; museums; parking facilities/services; residential. Based on the valuation analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions expressed in the report, our opinion of value is as follows: VALUE CONCLUSION Appraisal Premise Market Value As Is Interest Appraised Fee Simple Date of Value April 28.2006 Value Conclusion $6.770.000 EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS The value conclusions are subject to the following extraordinary assumptions and hypothetical conditions that may affect the assignment results. For purposes of the as is valuation. we assume: a. We have assumed that the maximum allowable density for 190 units residential and 60.000 square feet of commercial (75% of the maximum) will be allowed for a well-planned mixed use development. A discussion with the Executive Director of the eRA indicBted that they will bid this out and will favor the bid that makes the maximum use of the property. including the wetlands. b. No hypothetical conditions were used in this appraisal. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, INTEGRA REAL TV RESOURCES - SOUTHWEST FL.ORIDA 4--- / /--7/1 //.-----.... / (",J ~/ . ~;?'" .. iZ)=:;;:~~;>' . Arthur T. Nickel, MBA Florida Slate-Certified General Real Estate Appraiser RZ26 I 0 Thomas A. Tippett, MAl Florida State-Certified General Real Estate Appraiser RZI669 Agenda Item No 14A May 9,2006 Page 15 of 26 SUMMARY OF SALIENT FACTS AND CONCLUSIONS BAYSHORE eRA SUMMARY OF SALIENT FACTS AND CONCLUSIONS Pmpeny Name Address Bayshore CRA 42bS Bayshore Drive Napks. Florida 34112 Land Plumeriu Enterpl;s~'S. LLC 61840K40003. (,1 840'l60(J()(,. and 61 840960103 17.281 acre!;; 752.727 SF BMUO.NC (C-2) &. BMUD-NC (MH1. Neighbor'hood Commercial Subdistrict Mixed use (, to 9 months: 6 10 9 April 28. 2006 Fee Simple Propeny Type Owner of Record Tax 10 Land Area Zoning Designatiun Highest and Besl Use Expnsure Time; Marketing Perina ElTective D-~te of the AI'Plllisal Pmpetty Interesl Apprdised Sales Comparison Approach Number uf' Sales Range Ill' Sale Dales Range of Prices per SF (Unadjusted) Market Value Conclusion 5 Mar 05 to Jul Ill> S2.49- 518.90 S6.770.000 (S8.99!SF) EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS The value conclusions are subject to the following extraordinary assumptions and hypothetical conditions that may affect the assignment results. For purposes of the as is valuation. we a\-sume: a. We have a'isumed that the maximum allowable density for 190 units residential and 60.000 square feet of commercial (75% of the maximum) will be allowed for a well-planned mixed use development. A discussion with the Executive Director of the eRA indicated that they will bid this out and will favor the bid that makes the maximum use of the property. including the wetland.'i. b. No hypothetical conditions were used in this appraisal. IRR ~~..1'_~~." PAGE 1 BAYSHORE eRA Agenda Item No 14A May 9, 2006 lAND DESCRIPTION ANDANAlYSIJ'age 16 of 26 The Bayshore Drive Mixed Use Overlay District (BMUD) zoning was changed by Ordinance No. 06-08, which was adopted February 28, 2006 and took effect with its filing with the Florida SecretaI)' of State's Office on March 3, 2006. This Ordinance changed numerous parts of the Land Development Code (LDC) concerning the parcel which is the subject of this appraisal. Specific changes involved the changing of the MH-BMUD-R3 to BMUD-NC (MH) and C-2-BMUD-NC to BMUD-NC (C-2) on the subject parcels. Choices now exist that were not available previously and the recommended way to take advantage is to create a Planned Unit Development (PUD). Ordinance No. 06-08 provides a new Purpose and Intent statement for the BMUD which is indicative of the Collier County Board of County Commissioners' (aCe) willingness to rezone the area. This willingness is best stated in the new Purpose and Intent paragraph which states Bayshore Drive Mixed Use Overlay District is to encourage revitalization of Bayshore Drive and its environs which is part of the Bayshore I Gateway Triangle Redevelopment Overlay with Traditional Neighhorhood Design (TND) projects. TNDs are typically hllman-scale, pedestrian-oriented. interconnected projects with (I mix ~r ,:ommerdal lIses inclllding retail. office and civic amenities and residential uses that complement each other. Residential uses are often located ahove commercial IIses. hut can he separate areas of residential IIse only with close proximity to commercial lIses. An interconnected street ~ystem is the has is for the tmll.l'portation network. Buildings. both commercial and residential. are typically located near the street. and mClY havefront porches andlor halconies. The ordinance provides that PUDs in the BMUD approved after the effective date of the ordinance (3/3/2006) must comply with the requirements stated in the ordinance. In Section 2.03.07 I. 3. Mixed Use Project Approval Process, the procedures are provided that indicates that even though property owners may choose to use either the existing zoning in place prior to Ordinance 06-08 or with the new zoning. A review of this process indicates that the subject property would be more productive utilizing the new zoning instead of exercising the option to develop the property under the prior zoning. In the commercial area alone, it will increase the prospective uses to C-l through C-3 and MUPs also qualify for additional residential density under the Bonus Density Pool and the Density Rating System for Affordable Housing bonuses. Underlying (existing) zoning for the property includes 15.749 acres Residential Subdivision 3 (R-3) and 1.532 acres Commercial Convenience District (C-2). Under the new tables, R-3 zoning Permitted Uses include: Essential Services, Play Areas and Playgrounds, Residential Uses, Single-Family Dwellings, and Townhouses; C-2 zoning is restricted to small developments and those designed to support local residential uses. However, under the underlying zoning, commercial area cannot be counted when developing the maximum residential density, a matter of an additional 18 potential units. IRR ...,-.y~~. PAGE 17 BAYSHORE eRA Agenda Item No 14A May 9, 2006 Page 17 of 26 LAND DESCR/PnON AND ANALYSIS POTENTIAL DEVELOPMENT DENSITY According to the BMUD Overlay, base density is 4 dwelling units per acre (dulac) maximum density is 12 dulac. For the subject, the base density must be reduced by 1 du/ac as it is within the Traffic Congestion Area (TCA). In accordance with its new zoning, the subject property can be developed with up to 8 bonus density units for affordable housing for a total potential density of II dwelling units per acre. In addition, since the subject is now zoned BMUD-NC, it can have up to 80,000 square feet of commercial. EASEMENTS, ENCROACHMENTS AND RESTRICTIONS: We were not provided a current title report to review. We are not aware of any easements, encumbrances, or restrictions that would adversely affect value. Our valuation assumes no adverse easements, encroachments or restrictions and that the subject has a clear and marketable title. CONCLUSION OF LAND ANALYSIS Overall, the physical characteristics of the site and the availability of utilities result in functional utility suitable for a variety of uses including those permitted by zoning. There are no other particular restrictions on development noted in the analysis. Of note is the amount of wetlands and lake area. Because of this the total usability of the property will not be known. Providing there is sufficient room, the property is capable of being the first of the proposed MUP properties which will serve not only it's own residents, but also those of the boundary developments and of the existing Abaco Bay and proposed Botanical Place and Cirrus Pointe developments to the south of the subject, none of which are zoned for neighborhood commercial (BMUD-NC). IRR 1"'(II~t.1 rthlor:~ fuo.,-....,(..... PAGE 18 BAYSHORE eRA Agenda Item No 14A May 9, 2006 Page 18 of 26 HIGHEST AND BeST USE ANAlYSIS HIGHEST AND BEST USE ANALYSIS HIGHEST AND BEST USE AS VACANT Legally Permissible The only pennitted uses under zoning that are consistent with prevailing land use patterns in the area are residential and commercial uses. PhysicaUy Possible There are no physical limitations that would prohibit development of any of these uses on the site. Financially Feasible Based on our analysis of the market, there is currently adequate demand for mixed use in the subject's area. It appears that a newly developed mixed use on the site would have a value commensurate with its cost. Therefore, mixed use is considered to be financially feasible. Maximally Productive There does not appear to be any reasonably probable use of the site that would generate a higher residual land value than mixed use. Conclusion Development of the site for mixed use is the only use that meets the four tests of highest and best use. Therefore, it is concluded to be the highest and best use of the property as vacant. As IMPROVED The subject site is improved with a 6 foot tall chain link fence (CLF); all other prior improvements have been removed. The CLF protects the property from trespassers, provides safety concerning the lake, and protects the property from being used as a dump sileo There is no other value for this CLF and its removal will undoubtedly occur during site preparation for development. Accordingly. the highest and best use is to redevelop the site for mixed use. MOST PROBABLE BUYER The most probable buyer is a developer. IRR lrlt"Q'" 1Il...~~ I<:L'H)<"C~"; -- PAGE 21 Commercial Contract FLORIDA ASSOCIATION OF REAL TORS@ Agenda Item No 14A May 9,2006 Page 19 of 26 l' 1. PURCHASE AND SALE: Collier County Community Redevelopment Agency 2' agrees to buy and Plumeria Enterprises, LLC 3' agrees to sell the Property described as: Street Address: Please see attached Addendum. ("Buyer") ("Seller") 4' 5' Legal Description: Lenl;1thy 1el;1al. Please see attached Addendum. S' 7' and the following Personal Property: N/A S' 9 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. 13" 2. PURCHASE PRICE: days from Effective Date $ $ $ $ 4,600,000.00 50,000.00 14" (a) Deposn held in escrow by 15" (b) Additional deposit to be made within 16" (c) Total mortgages (as referenced in Paragraph 3) 17' (d) Other: $ 1S' (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ 19 certified or cashier's check or wire transfer. 4,550,000.00 20" 3. THIRD PARTY FINANCING: Within 21' third party financing in the amount of $ days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for % or the purchase price to be amortized over a period of _ or 22" years and due in no less than years and with a fixed interest rate not to exceed 0 % per year or variable interest rate not 23" to exceed 0 % at origination with a lifetime cap not to exceed % from initial rate, with additionaHerms as follows: 24' 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit. 26 employment, financial and other infonnation reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 27" financing or being rejected by a lender. If Buyer. atter diligent effort, fails to obtain a written commitment within _ days from 28 Effective Date ("Financing Period"), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 returned to Buyer in accordance with Paragraph 9. 30' Buyer (~ (~ and Seller (---> (~ acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS~ All Rights Reserved John R. Wood Inc. REALTORS 3255 Tamiami Trail North Naples, FL 34103 Phone: Fax: Michael O'Mara Produced with ZipForm'TM by RE FormsNe!, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zioform.com Plumeria Enter Agenda Item No 14A 31. 4. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ac statutory ~~, iQeS 32" 0 other , free of liens, easements and encumbrances of record t?~e 33 but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list any 34. other matters to which title will be subject) 35. 36 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as 37" 38. (a) Evidence of Title: Seller will, at (check one) 0 Seller's III Buyer's expense and within ---2- days fXI from Effective Date 39" 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40. !Xl a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. 42. 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptable to Buyer from the policy effective date and certified to Buyer' or Buyer's closing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of tiUe deliver written notice to Seller of title 48 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper 49. written notice and Seller cures the defects within 21 days from receipt of the notice ("Curative Period"). If the defects are 50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are 52 not cured within the Curative Period, Buyer wiD have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 56 (c) Survey: (check applicable provisions below) 57" III Seller will, within 7 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 58. engineering documents, if any, and the following documents relevant to this transaction: all reasonable reClUests for 59" Buyer to complete a thorouqh Due Di.li.gence analvsis. ,prepared for Seller or in Seller's 60 possession, which show all currently existing structures. 61. !Xl Buyer will, at 0 Seller's lXJ Buyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 63. Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing 64. encroachments 1XI such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress or Egress: Seller warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 67' 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Collier County, Florida on 68' or before the July 7 ,2006 or within _ elays from effeGtive Date ("Clssin!! Date"), unless otherwise extended 69' herein. 0 Seller liD Buyer will designate the closing agent. Buyer and Seller will, within 60 days from Effective Date, deliver to 70 Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions of this Contract. 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignment of leases, updated rent roll, 76 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership/rental agent If any tenant refuses to execute an estoppel letter, Seller will certify that information 78 regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 80 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer 81 will provide the closing statement, mortgages and notes, security agreements and financing statements. 82. Buyer (~ (~ and Seller (~ (-> acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm"" by RE FonnsNet. LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 www.ziofonn com Plurneria Enter Agenda Item No 14A (e) Taxes, Assessments, Prorations: The following items will be made current and prorated IfJ as of ~rt9 M6 tl as of : real estate taxes, bond and assessment payments assumed Pr~~~~t~26 rents, association dues, insurance premiums acceptable to Buyer, operational expenses and N/A . If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year will be used with due allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially affecting the Property: Seller will disclose. if .wlicable. . Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, unless the improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller is a "foreign person" as defined by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, appropriate documentation to establish any applicable exemption from the withholding requirement If withholding is required and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 9r 6. ESCROW: Buyer and Seller authorize 98. Telephone: 83* 84. 85. 86 87 8S. 89 90 91 92 93 94 95 96 Facsimile: Address: 99" to act as "Escrow Agent. 100 to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract Escrow 101. Agent will deposit all funds received in 0 a non-interest bearing escrow account 0 an interest bearing escrow account with 102" interest accruing to with interest disbursed (check one) 0 at closing 103.0 at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agenfs duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the 106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items 108 previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is. condition, ordinary 115 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties 116 other than marketability of title. By accepting the Property "as is., Buyer waives all claims against Seller for any defects in the 117 Property. (Check (a) or (b)) 118. 0 (a) As is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119. iJ (b) Due Diligence Period: Buyer will, at Buyer's expense and within 60 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections.) which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 124 regulations: soil and grade: availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 126 American with Disabilities Act: absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property of Buyer's intended use and development. Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is. condition. 130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs. 133 claims and expenses of any nature, iRGlllGiRg attemeys' fees at all levels, and from liability to any person, arising from the conduct of 134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 138 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 1 39 immediately returned to Buyer and the Contract terminated. 140.Buyer (---> (_) and Seller (---> (---> acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm"" by RE FonnsNet, LLC 18025 Fifteen Mile Road. Clinton Township, Michigen 48035 www.ziDform.oom Plumeria Enter 141 (C) Walk-through Inspection: Buyer may, on the day prior to closing or any other time 142 conduct a final "walk-through" inspection of the Property to cletermine compliance with this 143 Property is on the premises. 144 (d) Disclosures: 145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154" Buyer's intended use of the Property will be permitted iii only with Buyer's consent 0 without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be retumed in 157 accordance with applicable Florida laws and regulations. 158 10. DEFAULT: 159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposi~s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in 164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the 165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. AlTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this ContracL the prevailing party, 168 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, cost and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172" (a) Listing Broker: Michael 0' Mara & Jordan 0' Mar. 173" who is lXI an agent of John R. Wood, Inc., Real.tors !XI a transaction broker 0 a nonrepresentative 174" and who will be compensated by I!I Seller 0 Buyer 0 both parties pursuant to l!I a listing agreement 0 other (specify) 175" Agenda Item No 14A mutually agreeable Ma~SQaaoo6 paragraph and tCP~~~~f~6 17e- 1n" 178" 179* 180" 181" 182" 183* 184" (b) Cooperating Broker: Michael 0' Mar. & Jordan 0' Mara who is lXI an agent of John R. Wood, Inc., Real.tors and who will be compensated by 0 Buyer iii Seller 0 both parties pursuant to cooperating broker 0 other (specify) , IX! a transaction broker 0 a nonrepresentative iii an MLS or other offer of compensation to a 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 186 introductions, consultations and negotiations resulting in this transaction. Seller 3REI Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 188 from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 189 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of ~-Seller. 192' 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not assignable 193'/XI is assignable. The terms "Buyer,. "Seller" and "Broker" may be singular or plural. This Contract is binding upon Buyer, Seller 194 and their heirs, personal representatives, successors and assigns (if assignment is permitted). 195" Buyer <-> <---> and Seller <---> <---> acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. CC-2 @1997 Florida Association of REAL TOR~ All Ri9htS Reserved Produced with ZipFonn'" by RE FonnsNet, LLC 18025 Fifteen Mile Road, Clinton Township. Michigan 48035 wwwziofonn com Plumeria Enter Agenda Item No 14A 196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to~~t'!OO6 197. 0 Arbitration 0 Seller Warranty 0 Existing Mortgage Page 23 of 26 198. 0 Section 1031 Exchange 0 Coastal Construction Control Line 0 Other 199. 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other 200. 0 Seller Representations 0 Seller Financing 0 Other 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and win not recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 208 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 218. DEPOSIT RECEIPT: Deposit of $ by 0 check 0 other received on 219" , _ by 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222' signed copy delivered to Buyer or Buyer's agent no later than 1: 00 0 a.m. iii p.m. on Mav 30 , 2006 , 223 Buyer may revoke this offer and receive a refund of all deposits. 224. Date: Tax 10 No: BUYER: Collier County Community Reoev Title: velopment Agency Telephone: Address: BUYER: Facsimile: 225" 226' 228" 229* Title: Address: Tax 10 No: Facsimile: 227" Date: Telephone: 230* ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions [J subject to the 231 attached counter offer). 232. Date: SELLER: Tax 10 No: Plumeria Enterprises, LLC Title: Manaqinq Member Telephone: (239) 566-7033 Facsimile: (239) 566-3536 Address: P.O. Box 771240, Na~les, FL 34107 233" 234* 235' Date: SELLER: Tax 10 No: 236. 237' Title: Address: Telephone: Facsimile: 238" Buyer (-----l ( ) and Seller (-----l ( ) acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. Th~ Florida A~ociation of REAl TORS@ makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. ThiS standardIZed form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REAl TOR@. REAl TOR@ is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REAL TORS@ and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. CC-2 @1997 Florida Association of REAL TORSfil All Rights Reserved Produced with ZipForm.... by RE FormsNel. LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 www.zioform.com Plumeria Enter Addendum to Contract FLORIDA ASSOCIATION OF REAL TORS@ Agenda Item No 14A May 9,2006 Page 24 of 26 Addendum No. One to the Contract dated May 30, 2006 between Plumeria Enterprises, LLC (Seller) and Collier County Community Redevelopment Aqency (Buyer) concerning the property described as: Please see attached Addendum., (the "Contract"). Buyer and Seller make the following terms and conditions part of the Contract. 1.) Leqal Descriptions: A.) The West 425 feet of Lot 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.2, in Plat Book 1, Page's) 27-T, Less the East 200 feet and West 25 feet thereof, Public Records of Collier County, Florida B.) N G & T C L F NO.2 EAST 300 FEET OF W 425 FEET OF LOT 109. Folio No. 6184090006 Strap No. 504400109.00l5A14 1.72 acres/MOL C.) All of Lot lOB, less and exceptinq the North 273.44 feet of the West 425 feet and the Kelly Road RW, Naples Grove and Truck Co's Little Farms, No.2, and All of Lot 109, less and exceptina the West 425 feet and the Kelly Road RW, Naples Grove and Truck Co's Little Farms, No.2, Collier County, Florida. 2.) In the event Seller elects to make this transaction part of a 1031 Tax Deferred Exchange, Buyer will assist in all reasonable requests of Seller top complete the exchange, but without financial cost to Buyer. 3.) .Buyer acknowledges Sellers proposal to sell the subject property for the purchase price set forth herein was based upon the understanding and agreement of the parties that the Seller intends to cla~ the difference, if any, between the contract sales price and the aareed appraised value as a charitable donation on its tax return. Buyer will assist in all reasonable requests of Seller to complete a charitable contribution. Date: Buyer: Collier County Community Redev Buyer: Date: Date: Seller: Plumeria Enterprises, LLC Date: Seller: This form is available for use by the entire real estate industry and Is not intended to identify the user as a REALTOR(8). REALTOR@ is a registered collective membership mart< which may be used only by real estate licensees who are members of the NA nOHAL ASSOCIA nON OF REAL TORS@and who subscribe to Its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. rn A ACSP-2 Rev.6f94 LJ:::I REALTOR'" =R= John R. Wood Inc. REALTORS 3255 Tamiami Trail North Naples, FL 34103 Phone: Fax: Michael O'Mara Produced with ZipForm'" by RE FormsNe~ LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 www.zioform.com Plumeria Enter . Adde~d~~ :i" cd:;"" .. FLORID SOCIATI Addendum No. to the Contract dated between P~umeria Enterprises, LLC (Seller) and Collier County Communi tv Redevelop:uent Aqencv (Buyer) concerning the property described as: Please see attached Addendum., (the "Contract"). Buyer and Seller make the following terms and conditions part of the Contract. Date: Buyer: Collier County Community Red.ev Date: Buyer: Date: Seller: Plumeria Enterprises, LLC Date: Seller: This form Is available for use by the entire real estate Industry and is not intended to Identify the user 8S a REALTORS. REALTOR@ is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REAL TORS4l> and who subscribe to Its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. ACSP-2 Rev. 6/94 IB~ REALTOR- OPPORTUNITY John R. Wood Inc. REALTORS 3255 Tamilnti Trail North Naples. FL 34103 Phone: Fax: Micha.l O'Mara Produced with ZlpForm'" by RE FOlTnsNel. LLC 18025 Fiftsen Mile Roed. Clinton Township. Michigon48035 wwwriD/orm com Plumeria Enter . Emdt.lln to Contra . . ASSOCIATION O~:~,~1~~~~ Addendum No. to the Contract dated between Plumeria Enterprises, LLC (Seller) and Collier County Communi tv Redevelopment Ac:rencv (Buyer) concerning the property described as: Please see attached Addendum. , (the "Contract"). Buyer and Seller make the following terms and conditions part of the Contract. Date: Buyer: Collier County Community Redev Buyer: Date: Date: Seller: Plumeria Enterprises, LLC Date: Seller: This form Is available for use by the entire real estate Industry and Is not Intended to Identify the user as a REALTORiIll. REALTOR\!) is a registered collective membership mark which may be used only by real estate licensees who are members of the NATlONAL ASSOCIATION OF REAL TORSGl> and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. ACSP-2 Rev. 6/94 IB~ REALTOR" OPPORTONfTY John R. Wood Inc. REALTORS 3255 Tamiami Trail North Naples. FL 34J03 Phone: Fax.: M;choel O'Ma.. Produced wth ZipForm'" by RE FormsN.., LLC 1802S Foftsen Mils Road, Cinton Township, Michigan48035 www.z1oform.com Plumeria Enter AH On: ::t14B EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of up to $65,088.50 of Bayshore Gateway Triangle Trust Funds from FY06 Fund 187 budget, and to waive the competitive process to permit and pave lime rock residential streets within the Bayshore Gateway Triangle CRA boundary. OBJECTIVE: CRA approval of the expenditure of up to $65,088.50 of Bayshore Gateway Triangle CRA Trust Funds from the FY06 Fund 187 budget to permit and pave lime rock residential streets within the Bayshore Gateway Triangle CRA boundary. This is a proposed demonstration project for use of a pavement process that is less costly than traditional asphalt. This cold-mix paving process takes advantage of recycled materials and is a sole source procurement based on the unavailability of vendors with this capability. BACKGROUND: Within the Bayshore Gateway Triangle CRA, there are five lime rock (unpaved) residential streets. The Collier County Transportation Division has determined these streets were never accepted by the County, therefore they are private. In the past, the owners of property that front these streets have petitioned Collier County Commission to pave their roads. There was a subsequent agreement for the County to grade these streets three times a year as a courtesy. The property owners recently petitioned the Bayshore Gateway Triangle CRA Local Advisory Board for assistance to determine the best way to get their streets paved. A representative of Florida Highway Products, Inc. approached County Transportation to pave, for free, a 'l4 mile portion of a lime rock street as a cold-mix asphalt product demonstration project for future consideration as a product to be used on other Collier County lime rock roads and streets. This offer was forwarded to the CRA for use on private streets. The Local Advisory Board investigated the use of this producr_on the five unpaved streets within the CRA, consulted with the property owners, and negotiated a fee to use this cold-mix paving product. Staff recommends that this pilot project is undertaken, and if successful, the County could realize approximately 50% cost savings on future pavement of residential streets. CONSIDERATIONS: The CRA Executjve Director contacted the property o~ers adjacent to these five streets to determine if there was a majority of owners desiring and agreeing to'have their streets paved with this product. The written vote count on each street has greater than 50% + 1 votes agreeing to pave. The owners in the Hallendale Subdivision are collecting private ftmds to permit and pay a qualified contractor to clean and grub the right of ways prior to the paving. The other streets do not require right of way work. The CRA Local Advisory Board reviewed the property owner's votes and Florida Highway Products proposed contract. On March 7, 2006 and April 4, 2006, the Advisory Board unanimously agreed to recommend to the CRA Board to approve and fund from the CRA Trust Fund the contract proposal by Florida Highway Products to pave these five lime rock streets within the CRA boundary. FISCAL IMPACT: Sufficient budget exists within the FY06 Bayshore Gateway Triangle Fund 187 to fund the requested paving project contract of $64,488.50: three streets in Hallendale Subdivision at $40,000 and $24,488.50 for Lee Street and a portion of Manorca Avenue; plus County permits. 11. ,/tt)~ 0 Ij) -1- - -- tlf 13 _I.... , _ ~ 4:14B GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: That the CRA Board approves the expenditure of up to $65,088.50 of Bayshore Gateway Triangle CRA Trust Funds from the FY06 Fund 187 to permit and pave lime rock residential streets within the Bayshore Gateway Triangle CRA boundary, authorize the Chairman sign the contract, and approve all necessary budget amendments. Prepared by: David L. Jackson on April 27, 2006 Executive Director Bayshore/Gateway Triangle Community Redevelopment Agency -2- A-~ ~ OAJ I A.(- 6 ~/qlf)t; 65/65/2666 14:35 FLORIDA HIGHWAY PROD 8635334464 *14B PAGE 82/62 Florida Highway Products, Inc. P.O. Box 928 · Bartow, FL 33831 3900 US Highway 17 N. · BartCW, FL 33830 (863) 533-7881 · FAX: (863) 533-4404 David Jackson. Executive Director Bayshore Gate'l,\'aY CNA 2408 Linwood Ave., Suite #11 Naples. FL 34112 Ma:y 5. 2006 RE: Cold Mix Paving Proposal: Woodside Ave., Pjnetree Dr., Andrews Ave., Lee Street. Magnolia ^ ve. Dear Mr. Jackson: We an~ pleased to submit the foll<.Jwing quote for yom consideration: Open graded cold mix paving: 2 W' Woodside Ave., Pinctree Dr.. Andrev.'S Ave.. Lee St. $40.000.00 SI0,867.50 $ 5,701.50 $ 3,419.50 ~ 4.500.00. $64,488.50 Lee Street 690 Sy @$15.75 Magnolia St. 326 Sy @$15.75 Share and compact existing subgrade 1,052 sy @$3.25 Momli;r..ation Please Mle that pel' (mr earlier correspondence that the costs for Woodside Ave., Pinctree Or., and Andrews Ave. represents a 60% reduction. This concession is made in consideration of Collier County's review of our process. This quote does not include any work outside the 18' roadways. Thank you for conside11ng Florida Highway Products, Inc. for this work. We look forward to commencing this pr(~ject by the middle of June. Very Tnlly Yours. f:::!. t; ( -P RM/mmc www.ftorldahlghway.con'l t:mall: Adll.lnO~Hlghway.net "_~>"_"____",,,,,,,,,_,,,,,,~,,,,_,,,,,_,_______4>,. ,4 h-b OIJ 1J.f 6 _,Ie, Int; 1ft L\B Bayshore Gateway Triangle eRA Lime Rock Road Paving Voting Tabulation NAME STREET LOT# FOLIO # YES NO Mark Berman Andrews Ave 53/54 48782000005 XlX The Kalines Andrews Ave 55 48782040007 X R. & T. McDonald Andrews Ave 56 48782080009 X Andre Jean Andrews Ave 57 48782120008 X Michael Tomany Andrews Ave 58 48782160000 X Michael Tomany Andrews Ave 59 48782200009 X C.,D.,M. Pentz Andrews Ave 60 + 1/2 48782240001 X Russell Jones, Jr Andrews Ave 62 48782280003 X Michael Tomany Andrews Ave 63 48782320002 X Michael Tomany Andrews Ave 64 48782360004 X Ed & Liza Hogan Andrews Ave 67/68 48781440006 XlX P. & D. Pierce Andrews Ave 69/70 48781360005 XIX Alan Wensierski Andrews Ave 71 48782640009 X Alan Wensierski Andrews Ave 72 48782680001 X R. & M.Cortada Andrews Ave 73 48782720000 X R. & M.Cortada Andrews Ave 74 48782760002 X Edward Hill Andrews Ave 75/76 48782800001 XIX Brian Jones Andrews Ave 77 48782840003 X Charlotte Kerin Andrews Ave 78 48782880005 X S. MacClugage Andrews Ave 79 48782920004 X Alisha Cage Andrews Ave 80 48782960006 X Golda Rainbolt Andrews Ave 81 48783000004 X D. Ysme Adeka Andrews Ave 85 48783120007 X R. & M.Cortada Andrews Ave 87 48783200008 X Rogelio Galindo Andrews Ave 89/90 48783280002 XlX Socorro Whiteway Andrews Ave 93 48783400002 X Socorro Whiteway Andrews Ave 94 48783440004 X David Beatty Andrews Ave 97 48783560007 X Matt Jouzupaitis Andrews Ave 98 48783600006 X Alisha Cage Andrews Ave 99 48783640008 X Alisha Cage Andrews Ave 100 48783680000 X Maria Jost Andrews Ave 102 48783760001 X Alberto Estrada Andrews Ave 103 48783800000 X Total Lots 38.5 of 50 77% NAME STREET LOT # FOLIO # YES NO Michael Rice Woodside Ave 107 48783960005 X Michael Rice Woodside Ave 108 48784000003 X N. & C. Neal Woodside Ave 109 48784040005 X N. & C. Neal Woodside Ave 110 48784080007 X George Conley Woodside Ave 114 48784200007 X David McGovern Woodside Ave 115/116 48784280001 XIX Joesph Moline Woodside Ave 118.5/119 48784310007 X Richard Licare Woodside Ave 120 48784320000 X Richard Schlup Woodside Ave 121 48784400001 X Richard Schlup Woodside Ave 122 48784440003 X L. AltaatzlE. Pierce Woodside Ave 123 48784480005 X Richard Staley Woodside Ave 124 48784520004 X Joseph Hallack Woodside Ave 125 48784560006 X John Fillmore Woodside Ave 127 48784640007 X Scott Reese Woodside Ave 128 48784680009 X ~ A-h~ Oil) 1"1 8 ...-1 f7'; 7 Ill.. 4F\4B Bayshore Gateway Triangle eRA Lime Rock Road Paving Voting Tabulation Paul Martin Woodside Ave 131 48784800009 X Paul Martin Woodside Ave 132 48784840001 X Franscisco Galindo Woodside Ave 133 48784880003 X Franscisco Galindo Woodside Ave 134 48784920002 X Casey & Turville Woodside Ave 135 48784960004 X Don & E. Blum Woodside Ave 136 48785000002 X Don & E. Blum Woodside Ave 137 48785040004 X Don & E. Blum Woodside Ave 138 48785080006 X Don & E. Blum Woodside Ave 139 48785120005 X Robert Simmons Woodside Ave 140 48785160007 X R. Poundsberry Woodside Ave 141 48785200006 X Alfred Fisikelli Woodside Ave 142 48785240008 X Alfred Fisikelli Woodside Ave 143 48785280000 X Mark Owens Woodside Ave 144 48785320009 X Michael Tomany Woodside Ave 145 48785360001 X Rick Timko Woodside Ave 151 48785560005 X P. & A. Pierce Woodside Ave 153/154 48785640006 XIX Total Lots 35.5 of 50 71% NAME STREET LOT # FOLIO # YES NO John Perry Pine Tree Drive 2 48780080001 X Vanessa Uzupes Pine Tree Drive 5 48780160002 X Ed Thomas Pine Tree Drive 6 48780200001 X Geo. & A. Zertopoulis Pine Tree Drive 8 48780280005 X G. & G. Glinos Pine Tree Drive 9 48780320004 X Linzel Jeffrey Pine Tree Drive 17 48780640001 X Marcille Reinbergs Pine Tree Drive 18 48780680003 X Alan Wensierski Pine Tree Drive 19 48780720002 X Alan Wensierski Pine Tree Drive 20 48780760004 X Alan Wensierski Pine Tree Drive 21 48780800003 X Alan Wensierski Pine Tree Drive 22 48780840005 X Alan Wensierski Pine Tree Drive 23 48780880007 X Alan Wensierski Pine Tree Drive 24 48780920006 X P. & D. Pierce Pine Tree Drive 25 48780960008 X P. & D. Pierce Pine Tree Drive 26 48781000006 X J & J Horn Pine Tree Drive 27/28 48781040008 XIX John Horn Pine Tree Drive 29 48781080000 X Alan Wensierski Pine Tree Drive 30 48781120009 X Betty Jane Myruski Pine Tree Drive 31 48781160001 X Betty Jane Myruski Pine Tree Drive 32 48781200000 X Betty Jane Myruski Pine Tree Drive 33 48781240002 X Betty Jane.Myruski Pine Tree Drive 34 48781280004 X P. & D. Pierce Pine Tree Drive 35/36 48781360005 XIX Ed & Liza Hogan Pine Tree Drive 37/38 48781440006 XIX D. & B. Heuss Pine Tree Drive 42 48781600008 X lain Beaton Pine Tree Drive 44 48781680002 X lain Beaton Pine Tree Drive 45 48781720001 X Bryan Rahal Pine Tree Drive 47 48781780009 X George Zertopoulis Pine Tree Drive 50/51 48781920005 XIX Total Lots 33 of 50 66% NAME STREET LOT # FOLIO # YES NO f4 h~ fJrJ !if (3 ~I C1 /010 *'4B Bayshore Gateway Triangle eRA Lime Rock Road Paving Voting Tabulation w. & V. Jean Bayshore Drive 104 48783840002 X Daniel Celestin Bayshore Drive 156 48785720007 X B. Daniel Destine Bayshore Drive 1 48780040009 X NAME STREET LOT# FOLIO # YES NO Richard Bailey Manorca Ave 21 26780520004 X Daniel Fuller Manorca Ave 19/20 26780480005 XIX Roy Ramnick Manorca Ave 23/24 26780640007 XIX Total Lots 50f5 100% NAME STREET LOT # FOLIO # YES NO M. & K. Vanderstel Lee Street 1 76410040008 X Odalys Ribera Lee Street 2 76410040105 X Carolyn Beauchamp Lee Street 3 76410040118 X G. & R. Buonocore Lee Street 4&5 76410080000 X Donald Sheehan Lee Street 6&7 76410280004 X w. & A. Forsyth Lee Street 61834040000 X w. & A. Forsyth Lee Street 61834041009 X Total Lots 9 of 10 90% A-lJ! ON (18 _,( ~ In t-J EXECUTIVE SUMMARY Agenda Item No. 16A 1 May 9, 2006 Page 1 of 6 Recommendation to approve an Interlocal Agreement identifying responsibilities in a management partnership between Collier County and the City of Marco Island for the Otter Mound Preserve OBJECTIVE: For the Board of County Commissioners to approve the attached Interlocal Agreement identifying responsibilities in a management partnership between Collier County and the City of Marco Island for the Otter Mound Preserve, located on Marco Island, and authorize the Chairman to sign the agreement. CONSIDERA TIONS: The City of Marco Island has agreed to perform specific management actions in partnership with the Conservation Collier Program for the Otter Mound Preserve, a Conservation Collier property with environmental, historic and archeological resources located on Addison Court in Marco Island. The agreement calls for the City of Marco Island to mow the right-of-way in front of the preserve, remove trash from County installed receptacles on a periodic basis, provide assistance and cooperation to the County, as necessary, when applying for future grants, monitor and make recommendations as needed for wildlife enhancement and provide routine police patrols of the Preserve. FISCAL IMPACT: County obligations identified in the Interlocal Agreement are those similar to those identified in the Interim Management Plan, prepared in September 2004. At that time, without any cost track record to consult, the cost of the first year land management activities was estimated to be approximately $19,200, with some' costs yet to be determined. Annual recurring costs were estimated at $500+. To date, approximately $33,000 has been spent, with the additional costs over those originally estimated representing higher than estimated exotic removal costs. Updated estimated costs, representing those required by the Interlocal Agreement, are detailed below in Table I and include development of a parking area not originally included in the Interim Management Plan but contemplated for a final management plan. Land management costs are budgeted within the Conservation Collier Land Management Fund to accomplish anticipated activities. Table 1. .- The County's Obli~ations Initial Cost Annual Recurrin~ Costs Maintaining shell wall $2,170 $1,500 terracing Creating a parking area with 3 $25,000* t.b.d. spaces (including sidewalk) Exotic Vegetation removal $29,800 $3,000 Create a trail for public use $0 $0 Install temporary conservation $333 $0 land sign (and other temp. signs) Install permanent conservation $1,500* $0 land sign Install 2 trash receptacles $800* $0 Total $59,603 $4,500+ *Estimated cost not yet incurred Agenda Item No. 16A 1 May 9, 2006 Trash removal and right-of-way mowing have been estimated by City of Marco Island staffttilbi of 6 valued at $2,000 per year. Other services that may be provided, such as assistance with preparation of grants and recommendations for wildlife enhancements, can be estimated at $ I 00 per hour. These services will provide a monetary savings to the Conservation Collier Program. GROWTH MANAGEMENT IMP ACT: The development of an Interlocal Agreement for management of a County resource complies with the Intergovernmental Coordination Element of the Growth Management Plan directing the County to participate in cooperative planning programs with other governmental entities and with Objective I 1.1 of The Coastal Conservation and Management Element directing the County to protect historic and archeological resources. LEGAL CONSIDERATIONS: The attached Interlocal Agreement has been reviewed and approved for form and legal sufficiency by the County Attorney's office. RECOMMENDATION: That the Board of County Commissioners approve the attached Interlocal Agreement identifying responsibilities for a management partnership between Collier County and the City of Marco Island for the Otter Mound Preserve and authorize the Chairman to sign the agreement. Prepared by: Alexandra 1. Sulecki, Sr. Environmental Specialist, Environmental Services Department 2 ;\gonda Itom No. 16/\1 May 9,2006 Page 3 of 6 INTERLOCAL AGREEMENT OTTER MOUND PRESERVE THIS INTERLOCAL AGREEMENT ("Agreemenr) is made and entered into this ::{S:f::b.. day of February, 2006. by and between Collier County, a political subdivision of the State of Florida ('County-), and the City of Marco Island, a municipal corporation ("City"). RECITALS: WHEREAS, Collier County Ordinance No. 02-63, authorizes the County to enter into a written mutual agreement for management arrangements and responsibilities with municipalities, for the management and maintenance of land; and WHEREAS, the Otter Mound Preserve ("Preserve-) is located within the City on Addison Court and owned by the County; and WHEREAS, the Preserve contains historical and archaeological artifacts; and WHEREAS, the Preserve will be open to the public and managed only for the conservation, protection and. enhancement of natural and historical resources; and WHEREAS, public outdoor recreation allowed on the Preserve wiD be compatible with the conservation, protection and enhancement of the Preserve and its surrounding lands; and WHEREAS, Preserve management duties shall be the shared responsibility of the County and the City. NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Obligations of the Parties A. The City's Obligations: 1. The City shall be responsible for maintaining the right of way adjacent to the Preserve. Maintenance shall Include, but not be limited to, mowing. the grass within the right of way as deemed necessary by City Code Enforcement personnel. Maintenance of the right of way shall not Include vegetation trimming around or restoration of the historic shell wall terracing. The City shall not use any sort of weed whacking or mowing device within one toot of the historic shell wall terracing. 2. The City shall provide routine Police patrols of the Preserve. 3. The City shall remove trash from the trash receptacles installed by the County on a periodic basis and when necessary. 4. The City will provide assistance and cooperation to the County when applying for future grants. 5. The City will monitor and make recommendations as needed for Wildlife Habitat Enhancement. ...u . Agenrl"" Itom Nn 1 RA 1 May 9, 2006 Page 4 of 6 1 B. The County's Obligations: 1. The County shall be responsible for maintaining the historic shell wall terracing. Maintenance shall include, but not be limited to, vegetation trimming and vegetation removal. 2. The County will create a parking area to allow for the parking of three vehicles. 3. The County shall ensure the removal of invasive exotic vegetation from the Preserve as defined in the County Land Development Code. The County shall also ensure that the Preserve remains tree of invasive exotic vegetation in perpetuity. 4. The County will maintain the Preserve in a manner that will allow for public use of the site. 5. The County will install a temporary "Collier County Conservation Land" sign. 6. The County wit! install a permanent "Collier County Conservation Land" sign. 7. The County will install trash receptacles. Section 2. 1. Written notice between the parties, If and when appropriate, shall be given to the parties at the following addresses or such other person or place as each party shall designate by similar notice. Alexandra Sulecki (or current Coordinator) Conservation Collier Program 2800 N. Horseshoe Drive Naples, FL 34014 A. William Moss City Manager, City of Marco Island 50 Bald Eagle Dr. . Marco'lsland, FL34145 2. Each party agrees that it shall be solely responsible' for its employees. contractors or agents with regard to the rights, duties, and obligations created hereby. However, nothing herein shall constitute a waiver by either party of Its sovereign immunity and other limitations of liability, if any, set forth in Section 768.28, Florida Statutes. There are no third party beneficiaries to this Interlocal Agreement. As to Collier County: As to Marco Island: 3. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. The County shall incur all costs of recording this Agreement. A copy of the recorded document will be provided to the City within fifteen (15) days of recordation. 4. This Agreement shall be for an initial term of twenty-four (24) months. This initial tenn shall be automatically renewed for ack:litional one (1) years terms and terminate five years after the effective date. The Agreement may be extended beyond five years by written acknowledgement of both parties. Agenda Item No. 16A 1 May 9, 2006 Page 5 of 6 The parties further agree that this Agreement may be terminated, in writing, with 45 days advance notice. IN WITNESS WHEREOF, the parties hereto have executed this Interlacal Agreement the day and year first above written. This agreement becomes effective on the day that it is executed by all parties. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. By: By: FRANK HALAS, Chairman Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney ATTEST: LAU~LW~ BY~ Approved as to form and legal sufficiency: JU-.<.~'Q ~-- Richard Yovanovich Marco Island City Attorney CITY OF MARCO ~ By: A wL , A. WILLIAM MOSS, City Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 16A 1 May 9, 2006 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to approve an Interlocal Agreement identifying responsibilities in a management partnership between Collier County and the City of Marco Island for the Otter Mound Preserve. 5/9/2006 9:00:00 AM Prepared By Alexandra J. Sulecki Community Development & Environmental Services Senior Environmental Specialist Date Environmental Services 4/27/20061 :08:17 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/27/20062:06 PM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 4/27/2006 2:45 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/28/2006 9:26 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 5/2/20062:16 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 512/2006 5:37 PM Agenda Item No. 16A2 May 9,2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Valencia Golf and Country Club - Phase 2A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Valencia Golf and Country Club - Phase 2A", a subdivision of lands located in Section 23, Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERA TIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Valencia Golf and Country Club - Phase 2A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Valencia Golf and Country Club - Phase 2A" be approved for recording. FISCAL IMPACT: The project cost is $530,132.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $215,000.00 - $315,132.00 The Security amount, equal to 110% of the project cost, is $583,145.20 The County will realize revenues as follows: ...-.... Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $10,573.96 Agenda Item No. 16A2 May 9, 2006 Fees are based on a construction estimate of $315,132.00 (does not inclEi'dee 2 of 4 Orangetree Utilities) and were paid in January 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,120.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ n/a c) Drainage, Paving, Grading (.75% const. est.) - $2,363.49 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ n/a e) Drainage, Paving, Grading(2.25%const.est.) - $7,090.47 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDA TION: That the Board of County Commissioners approve the Final Plat of "Valencia Golf and Country Club - Phase 2A" for recording with the following stipulations: 1. Approve the amount of $583,145.20 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A2 May 9, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve for recording the final plat of Valencia Golf and Country Club Phase 2A, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5/9/2006 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Date Engineering Services 4/18/20062:27:50 PM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering Services 4/18/20063:02 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/23/200612:28 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/25/2006 9:52 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/26/2006 9:03 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/2712006 9:08 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4128/20062:47 PM N<O'<:t ~go ...-N'<:t o O'J- aJ Z>>g' Eroa.. 2~ ro "0 c aJ en <( ~ :2 W g ~ - I ~~ ! ::>: ~ I \ I HI f'l7' ., g ~/If:\~ '" ~ 1= 7TTT 1 I 7 rr TJ-r.. ~V'~ ~ TIl'~ 1= -' J ~ r-v\~~ ~ " 1:. ~ I E~lcr>~ .~~ ~ 18~~D ~ :moo Ol J.ON / ~ ~ - ~ ~ I 6Z .~'S bZ a.. wQ ,!< <( 00 ... ::::g <Xl L Ii <Ii Z on 0 .... J. - ~ U 0 ...J ~ ~ z g ~ ~ ~L-I .,' ~ ~~1i / @i~~ i:j ~ ~ ~ A\Y^,1.I>"4~ S~ ~ f-...-I-- ~::: ~ ~~, l- ~ /\TT\ (\ \ ~~~~ kD "<<lii1nm~ .---- Z ~ ~; "II jl 't:ll! t 10 S w ClJ ClJ "3'N .l:iaU.S Iil.'~ a.. <( L UJ J- - en Agenda Item No. 16A3 May 9, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payments received. OBJECTIVE: To approve execution and recording of the Release and Satisfaction of Liens, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERA TIONS: Reference Owner of Record Lien Amount N/ A 2589 Jo Gene Hollaway $] 8,600.00 N/A 1611 & 2345 HS Partnership $720.00 N/A 27]8 Rosemarie Polumbo $720.00 OSM 2005050359 Peter Schmuck $199.85 OSM 2005060796 Steven A. Helfrich $162.85 OSM 2005060698 Steven A. Helfrich $] 68.57 TOTAL $20,571.27 FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Releases and Satisfactions, which is to be approximately $10.00 per release, totaling $60.00. Funds are budgeted and available in the current fiscal year in the Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDA TION: That the Board of County Commissioners approve the Release and Satisfaction of Code Enforcement Liens. ,- PREPARED BY: Shirley M. Garcia, Operations Coordinator- Code Enforcement Item Number: Item Summary: Meeting Date: Agenda Item No, 16A3 May 9,2006 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendalion to approve the Release and Satisfaction of Code Enforcement Liens for payments received. 5/9/2006 9:00:00 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 412412006 3:36 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 412512006 9:54 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/2612006 9:05 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4127120062:19 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20063:17 PM Agenda Item No. 16A3 May 9, 2006 Page 3 of 8 This Instrument Prepared By: Shirley Garcia, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2005-13 against: Jo Gene Holaway 3087 boca Ciega Dr. Naples, FL 34112 The lien was recorded on 02/04/2005, Official Record Book 3728 Page(s) 2428, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighteen Thousand Six Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: The South half (1/2) of the Southwest one-quarter (1/4) of the Northeast 114 of the Southeast 1/4 of Section 31, Township 49 South Range 26 East, Collier County, Florida. Cost: $18,600.00 Reference: 2589 Folio: 00293040000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2006. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRANK HALAS, Chairman Approved as to form and legal sufficiency -- go / bl\^ . i/J1li~'~/ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A3 May 9, 2006 Page 4 of 8 This Instrument Prepared By: Shirley Garcia, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain liens by Resolution No. 2004-116 and Resolution No. 2001-217 against: H S Partnership PO Box 7174 Naples, FL 34101-7174 The liens were recorded on 7/5/2001 in Official Records Book 2853, Page 2356, and on 5/20/2004 in Official Record Book 3568 Page 3596, in the Official Records of Collier County, State of Florida. The liens secure the principal sum of Seven Hundred and Twenty Dollars and zero cents, plus accrued interest and penalties, if any, and impose certain obligations against real property situated in Collier County, Florida, which property is described as follows: The South 50.00 feet of the North 248.5 feet of the West 165.00 feet of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 47 South, Range 29 East, Collier County, Florida, less the West 30.00 feet reserved for road right-of-way. Cost: $720.00 References: 1611 & 2345 Folio: 00117680009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Liens, acknowledges payment as full satisfaction of the liens and hereby cancels said liens. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the liens cease to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2006. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRANK HALAS, Chairman Deputy Clerk Approved as to form and legal sufficiency <'" Q. ~ , R~I\/\ ~tt Thomasl . Palmer Assistant County Attorney Agenda Item No. 16A3 May 9,2006 Page 5 of 8 This Instrument Prepared By: Shirley Garcia, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain lien by Resolution No. 2005-299 against: Rosemarie D. Polumbo PO Box 661 Malden, MA 02148 The lien was recorded on 10/11/2005 in Official Records Book 3908, Page 3355, in the Public Records of Collier County, Florida. The lien secures the principal sum of Two Hundred Fifty-Five Dollars and zero cents, plus accrued interest and penalties, if any, and impose certain obligations against real property situated in Collier County, Florida, which property is described as follows: Naples Park, Unit 2 Block 19 Lot 3 a.k.a. 691 1 OSTH Ave. N., Naples, FL Cost: $720.00 References: 2718 Folio: 625730S0003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2006. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRANK HALAS, Chairman Approved as to form and legal sufficiency 1JlV\ ~~ Tho~s C. Palm r Assistant County Attorney Agenda Item No. 16A3 May 9, 2006 Page 6 of 8 This instrument prepared by: Shirley Garcia, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien by an Order executed by the Special Master against: Steven A. Helfrich 4240 Lorraine Ave. Naples, FL 34104 The lien was recorded on 09/19/2005, Official Record Book 3892, Page 1590, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Sixty-Eight dollars and Fifty- Seven cents ($168.57), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 4240 Lorraine Avenue Naples, FL 34104 Cost: $168.57 Reference: OSM 2005060698 Folio: 26531240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2006. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Frank Halas, Chairman I sufficiency, Agenda Item No. 16A3 May 9, 2006 Page 7 of 8 This instrument prepared by: Shirley Garcia, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien by an Order executed by the Special Master against: Steven A. Helfrich 4240 Lorraine Ave. Naples, FL 34104 The lien was recorded on 09/19/2005, Official Record Book 3892, Page 1589, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Sixty Two dollars and Eighty- Five cents ($162.85), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 4240 Lorraine Avenue Naples, FL 34104 Cost: $162.85 Reference: OSM 2005060796 Folio: 26531240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2006. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Frank Halas, Chairman a to form and legal sufficiency, Agenda Item No. 16A3 May 9, 2006 Page 8 of 8 This instrument prepared by: Shirley Garcia, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien by an Order executed by the Special Master against: Peter Schmuck 4400 24th PL SW Naples, FL 34116 The lien was recorded on 10/17/2005, Official Record Book 3912, Page 3646, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Ninety-Nine dollars and Eighty-Five cents (199.85), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 4400 24th PL SW Naples, FL 34116 Cost: $199.85 Reference: OSM 2005050359 Folio: 35982200003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this day of , 2006. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Frank Halas, Chairman , Deputy Clerk Agenda Item No. 16A4 May 9,2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Cabreo at Mediterra", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. OBJECTIVE: To approve for recording the final plat of "Cabreo at Mediterra", a subdivision of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERA TIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cabreo at Mediterra". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. -",- Engineering Services Department recommends that the final plat of "Cabreo at Mediterra" be approved for recording. FISCAL IMPACT: The project cost is $803,989.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $338,481.33 - $465,508.00 The Security amount, equal to 110% of the project cost, is $884,388.26 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $25,219.68 Agenda Item No. 16A4 May 9,2006 Fees are based on a construction estimate of $803,989.33 and were paid9roe 2 of 4 December, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,100.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 2,538.61 c) Drainage, Paving, Grading (.75% const. est.) - $ 3,491.31 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 7,615.83 e) Drainage, Paving, Grading(2.25%const.est.) - $10,473.93 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDA TION: That the Board of County Commissioners approve the Final Plat of "Cabreo at Mediterra" for recording with the following stipulations: 1. Approve the amount of $884,388.26 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A4 May 9, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16M Recommendation to approve for recording the final plat of Cabreo at Mediterra, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 51912006 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Date Engineering Services 412012006 7:33:00 AM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering Services 4120/2006 7:39 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/23/200612:33 PM Approved By .- Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/25/2006 9:55 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/26/2006 9:06 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/27/20069:17 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20063:19 PM '7<.o'<t" <(0,,- <.000 ...--N'<t" cio)w Z>.O) Ern&: 22 rn "0 c w 0) <( ~ "'- ~2i < " '" i:l ,,~ ~ ~ a.. <{ ~ >- f- Z ~ o o w W ...J ~ ~ - CI) !< 6 ~ l;l " CI'f'tHI NOJs:lNV\ll < ~ ~ UJ i J .s:. ~ < o UJ ~ III < U O~ NOi.S9N,^n ;!~ rN::lS OJ. .LON / ~ - (11/0) OWM1008 HW!:101 """''''''''' I!! ~ 01 ~ ~ .... ~~ Zi n '" ~~ ~ il! .- ~ . ~ ji! > 1i.L~3.1"'J..SlI3.lNI ~\;; ~> ~ ~~ ~.". ~e ~~ . ~( ~~ ~ ~~ ~- 05 ~ili. .. ~ ~! ~~e. ., . ~ z o - ~ U o ...J < ~ ~ ~ ~ h z~ ~~~ ~E~ ~ iO ~~ 05 ::: a= NOl!>NUWlH R . ~ I!! ~ i t:l~ ~ ~~ :> ~ ;); ~ ~ ~~ ~.". ~~lJJ > b z ~; wQ ...,~ 00 :Eg I!! E~ ~ ~ ~ ~ ~ a a.. <{ ~ Hn-o .l..HHmo:) :If.:f'lO!) SOOOM SS3&U.:l gl-3JV.LS1:B.LN1 !!! ~~~ ~~~ >- f- Z :::J o U Ch'0t:I NQJ.Sf)ftflN1 w w ---' m ~ :ig ~...- ::: (]nd OVl>>l 3ll3ll:lOOO 3K)\' 0()[' ~ ~ .~ ~~ Agenda Item No. 16A5 May 9, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facility for Quail Creek County Club Golf Course Maintenance Facility. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERA TIONS: 1) The Developer of Quail Creek County Club Golf Course Maintenance Facility has constructed the water facility within dedicated easements to serve this development. See location map. 2) Preliminary acceptance of this water utility facility was approved by the Community Development and Environmental Services staff on February 18, 2004. At that time, the value of this utility facility (assets) was $1,143.66 (see attachment). Final Acceptance is in accordance with Ordinance 2004-31, as amended. - 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water facility has been operated and maintained by the Collier County Water- Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff and this facility has been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $5,046.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to utility facility that, at the time of preliminary acceptance, had a total (undepreciated) value of $1,143.66. - GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. Agenda Item No. 16A5 May 9, 2006 Page 2 of 6 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water utility facility for Quail Creek County Club Golf Course Maintenance Facility, and authorize the County Manager, or his designee, to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician ,- Agenda Item No. 16A5 May 9,2006 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A5 Meeting Date: Recommendation to approve final acceptance of the water utility facility for Quail Creek County Club Golf Course Maintenance Facility. 5/9/2006 9:00:00 AM Item Summary: Prepared By Jodi Pannullo Administrative Assistant Date Community Development & Environmental Services CDES Engineering Services 4/17/200611:16:33 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 4/17/2006 2:54 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4/19/20067:49 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 4/20/200612:56 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/23/2006 8:52 PM Approved By Constance A. Johnson Operations Analyst Community Development & Environmental Services Admin. Date Community Development & Environmental Services 4/24/20063:02 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/25/20069:51 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/2006 9:00 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/2006 9:51 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Agenda Item No. 16A5 May 9,2006 Page 4 of 6 Board of County Commissioners County Manager's Office 4/28/2006 2:43 PM I.{) (0 (0 ~1=go "ll.{) JJO) Z >- 0'> Eco8: ~2 co "'0 C Q) en <:{ a.. <( ~ I.LI I- - U) ~ E ~I h if::' u ~ ~ ~N ai a ~ 5 ~ ~E r >- I- ~ II.. ~ ~ !z "I :E: ~ a >- ~ 5 u ffi 5 ..I .c( ::) 01 a.. <t ~ z 0 - ~ u 0 --J err'P A~NI"IQ:) :II' .1lOO SCK>OM SS1~ ""'OS OL LON I - -.- GWl\3'1no& ~moo ~Sl6 '1::1"0 o I l!l ~- !~ >- f- Z ::::J 0 U w w :it;; --' aw i- !! ~ ~ i I ~~Il ~6i ~~l'l i8~ ~ E aw~noEIN'1'OO' ~ ~~ ~~ ~ i:l m. ~~ ~ . ~i z- . ~- ~! . 9L -iJ.'t'JSlBlNl tL - '3.l.VJ.IIlSJ.H1 ~~ ~i I! ~ ~~ ~i ~ ~~..... ia~ H_ u.~ ~!)ie "'- ~e ~ ~ ~ I I :~ " I~ CM:* NO.LSONlNl ! ~ _,_~o,.~<_________.o~__"~~_. . e e CERTIFICATION OF COST CONTRIBUTORY ASSETS - CuuNTY Agenda Item No. 16A5 May 9, 2006 Page 6 of 6 PROJECT NAME: Quail Creek LOCATION: Section 17 Township 48 South Range 26 East Collier County. Florida COpy NAME & ADDRESS OF OWNER: Quail Creek Country Club 13300 Valewood Drive Naples, FL 34119 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST 1 Ea. S"xS" 12 L.F. 8" Tapping Sleeve & Valve PVC DR 14 C-900 1,081.38 1.081.3S 5.19 62.28 TOTAL COST 1,143.66 I do hereby certify that the quantities of materials described above are a tnJe and accurate representation of of the system being contributed to Collier County. CERTIFYING: OF: Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COWER ) The foregoing instrument was signed and acknowledged before me this 23rd day of October. 2003 by Kevin Jens , who is personally known to me and who did not take an oath. SEAL: G)s-=~=?- . ~~,~:arP - , Agenda Item No. 16A6 May 9,2006 Page 1 of 5 ,- EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Delasol Phase One". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Delasol Phase One" CONSIDERATIONS: 1. On June 14, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Delasol Phase One". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. "..-. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. .-' Agenda Item No. 16A6 May 9, 2006 Page 2 of 5 RECOMMENDA liON: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Delasol Phase One" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A6 May 9, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Delasol Phase One. The roadway and drainage improvements will be privately maintained. 5/9/2006 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Date Engineering Services 4/13/20067;52:10 AM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering Services 4/13/20069:07 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/24/200610:28 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/25/2006 9:50 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/26/2006 8:52 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/27/2006 8;48 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20061 :52 PM <;OC!)I.{) <(0_ <;000 ...-N-.::t 6crJaJ Z >.~ E~o... 2 ro "0 C aJ en <( Q"'O~ P<<Jt~",n ~ /~i""~1 ~ ;= l -----=--= JIIIJJ 11111111 \ ' ~ E 111111I111I11I/lT _ lillI/1m\' / II 11IfT:.. II I Willi a Uf')~ L l~ I = =Z1l ~ :~'.~\a '\ JJ I ~T~_ 3NV1 13CJ II! I III ~ I I I I ~:=1___ - II --- -~- = = -~- I- _= '-....~ ~- I- hl-:L...- ~ - - ~ I ( ~~! ~F l~!- \\\\ ~ ~ I--~ II I II ,-;;,-:;:-.; _~__ L ---_~..;_,~_____ -- ~------------ ;-. ~ll IA.o A>re;> TTl(. = ~ ~ /' I I 'Iff~-~ \ I I T ~ ~- ~~ i!' H 1>'''''' "'N""HO ~ ~ - gi~~ llll I ~ ~~< "--- '=1 3f\r(1 lrer.> \~II' -~ - I-- L- _ I-- I- -- f-- I-- - f-- f-- I-- - I- f.-- I- -I- f-- I-- - f-- f-- I-- - I- f.-- I-- _ '"'= \0- cr 'n""'~~13>lV1_ I-- -I- f.-- I-- -I-- f-- _ -I-- f-- '-- ~ --~I- I--~ -~I- != _= f-- --- ~I--~-- = -l t-~~-_w_ - -I--'--~- - -I-- - - f.-- - -I- -- f.-- -.-1-- -- f.-- - i -~nN3f\~-ano~. -Jr - rl - ~ _'~ - Ir - ~ - f.-- - f.-- - C- <t ~ I.LJ ~ C/) z o w- !::!< rnU 9 '--- -- - -- -- \ ~~ -{'f.-- --..J~I- - - '-- - ~ Ii 31VOS Ot LON / ~ - ~ (110) lJI:fWA31n08 NW01 . X11'MONYlSt ~ ~ ! ~ ~ % ~t; ~I ~ L 0 i ~ ~~ > ::~ IC:l N ~ a~ m ~..;... ~ . <. . ~ ~ il . 8 NO.l!lNU.Nt'l-! ~ ~ !U .3.1'W.LSH3.LNI i~ .. ~ C- ~~ ~! ~~ . <t ~ ~~ Z 5 ~~i :ll 0 - ~;I-- ~ U 0 ...J ~~fi ~ ~~e. COd C'tOtI 3.U~ 3tD., oor ~~ n .. 5 U) ~ a: i ~ ~~ I-z U ~ ilW Uo w- ,!< 00 OCo lL...J i e 2 , , :~ " ,~ >- f- Z ::::J o U < ~ i w w -' :: Agenda Item No. 16A6 May 9,2006 Page 5 of 5 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN DELASOL, PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 22 THROUGH 29, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE DELASOL HOMEOWNERS' AS SOCIA TION WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 29,2003 approved the plat of Delasol Phase 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. 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 Delasol Phase One, pursuant to the plat thereof recorded in Plat Book 40, pages 22 through 29, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Delasol Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2006. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN , Deputy Clerk Approved as to fonn and legal sUf~ncv: J'ff~ Assistant Collier County Attorney Agenda Item No. 16A7 May 9,2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk Model Center. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water and/or sewer facilities. CONSIDERA TIONS: 1) The Developer of Veronawalk Model Center, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Community Development and Environmental Services staff on June 25, 2004. At that time, the value of these utility facilities (assets) was $85,669.00 for the water facilities and $49,409.00 for the sewer facilities (see attachment). This Final Acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. c"'''- 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff, and these facilities have been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of a Performance Bond No. 929328111, in the amount of $43,294.62, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to utility facilities that, at the time of preliminary acceptance, had a total (undepreciated) value of $135,078.00. - GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. Agenda Item No. 16A7 May 9, 2006 Page 2 of 9 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for Veronawalk Model Center, and authorize the County Manager, or his designee, to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician ,- Item Number: Item Summary: Meeting Date: Agenda Item No. 16A7 May 9,2006 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk Model Center. 519120069:00:00 AM Prepared By Jodi Pannullo Community Development & Environmental Services Administrative Assistant Date CDES Engineering Services 411412006 10:21 :23 AM Approved By Pamela Libby Public Utilities Water Operations Manager Date Water 4114120061:41 PM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering Services 411712006 9:09 AM Approved By Stephen L. Nagy Public Utilities Wastewater Collections Manager Date WasteWater 41181200612:52 PM Approved By Paul Mattausch Public Utilities Water Director Date Water 4118120062:40 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Date Public Utilities Engineering 4119120068:45 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/2412006 2:05 PM Approved By G. George Yilmaz Public Utilities Interim WasteWater Director Date WasteWater 412512006 4:21 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 412612006 5:04 PM Approved By OMB Coordinator Administrative Assistant Date Agenda Item No. 16A7 May 9,2006 Page 4 of 9 County Manager's Office Office of Management & Budget 4/27/2006 9:50 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/2006 9:56 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/2006 2:34 PM f'-<.OO'l <(0,,- -00 . 'J L() JiOJ Z>.OJ COCO E2o.. 2 CO "0 C OJ OJ <( ~ ~ ~ ;; o .., ~ :' ill l!l ~ ~ I a.. <( ~ UJ I- - en J IWOS lll. """ / ""E- - i~ if . . e Agenda Item No. 16A7 May 9,2006 Page 6 of 9 j- -. ~.t:j J CERTIFICA TION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK MODEL CENTER LOCATION: SECTION 26,34,35, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA O/?/CIll4L NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY 6005 VANDERBILT ROAD EXTENSION NAPLES, FLORIDA 34119 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) I ITEM SIZE QUAN. UNIT COST TOTAL I SINGLE WATER SERVICE 5 EA $125.00 $625.00 DOUBLE WATER SERVICE 3 EA $300.00 $900.00 PVC CONDUIT 4" 80 LF $1.50 $120.00 DR-18 PVC 8" 444 LF $4.00 $1,776.00 DR-18 PVC 12" 2894 LF $8.50 $24,599.00 DR-18 PVC 16" 579 LF $11.00 $6,369.00 DR-14 PVC 8" 80 LF $5.00 $400.00 DR-14 PVC 12" 290 LF $11.00 $3,190.00 DR-14 PVC 16" 40 LF $15.00 $600.00 DIP 16" 185 LF $20.00 $3,700.00 GATE VALVE 6" 2 EA $370.00 $740.00 GATE VALVE 8" 4 EA $500.00 $2,000.00 GATE VALVE 10" 2 EA $800.00 $1,600.00 GATE VALVE 12" 22 EA $1,100.00 $24,200.00 GATE VALVE 16" 2 EA $2,300.00 $4,600.00 PBSP 1 EA $500.00 $500.00 STEEL CASI NG 30" 50 LF $45.00 $2,250.00 TAPPING SLEEVE AND VALVE 20X16" 1 EA $7,000.00 $7,000.00 ARV 1 EA $500.00 $500.00 TOTAL COST $85,669.00 / 6' " -. . . . . . I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. CERTIFYING: ~L'~ TjPrlothy C. Itchell, Sr. President OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) ) SS: COUNlY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 15th day of April, 2OC(41)r T~Othr c. ~itchellt Sr. who is personally known to me and who did not take an oath. \.! ((.'\")'! 1-- '-~t>'\.o~-- ,......^'. .' BRENO"-\( MERCH;'J~I'-I Brenda K. Merchant ,.i;~:~'f;:~., '.1" --"""<S")"" "If; 'i'CW'" ! <r." ^ '. ",,' LW'''''''". 1_ ". ".' .. J DD 107609 b Jt};j EXPiFF:~: ilIJyiJ!'19, 2ft:,... ~.."if''': :...:.'!~~\.. ~.-."-.,_-""",, 1 lIlt< N. .j.~I... l:\;llh" u; '1'.'~1t." :,." ~'~i.ji~::t;;;\~~" ~~' Agenda Item No. 16A7 May 9,2006 Page 7 of 9 -, It - Age~ Item No. 16A7 I L)May 9. 2006 if~e80f9 ~, CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK MODEL CENTER LOCATION: SECTION 26,34,35, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY 6005 VANDERBILT ROAD EXTENSION NAPLES, FLORIDA 34119 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) I ITEM SIZE QUAN. UNIT COST TOTAL I SDR-26 0-8' CUT 8" 258 LF $3.50 $903.00 SDR-266-8' CUT 8" 201 LF $3.50 $703.50 SDR-26 14-16' CUT 8" 642 LF $3.50 $2,247.00 SDR-26 16-18' CUT 8" 483 LF $3.50 $1,690.50 DIA MANHOLE 0-6' CUT 4' 2 EA $1,500.00 $3,000.00 DIA MANHOLE 6-8' CUT 4' 1 EA $1,700.00 $1,700.00 DIA MANHOLE 14-16' 4' 4 EA $3,900.00 $15,600.00 DIA MANHOLE 16-18' 4' 3 EA $4,300.00 $12,900.00 PVC FORCE MAIN WI FITTINGS 8" 155 LF $10.00 $1,550.00 DR-I4 WI FITTINGS 6" 40 LF $25.00 $1,000.00 DR-I4 W/FITITNGS 8" 140 LF $10.00 $1,400.00 PLUG VALVE 6" 1 EA $500.00 $500.00 PLUG VALVE 8" 2 EA $1,300.00 $2,600.00 ARV 1 EA $1,115.00 $1,115.00 SINGLE SEWER SERVICE 6" 1 EA $250.00 $250.00 DOUBLE SEWER SERVICE 6" 5 EA $350.00 $1,750.00 PVC FORCE MAIN WI FITITNGS 6" 50 LF $10.00 $500.00 $0.00 $0.00 TOTAL COST $49,409.00 / ~ ~-* . e . I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. CERTIFYING: ~ Brenda K. Merchant Authorized Agent OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 22nd day of April, 2004 by Brenda K. Merchant who is personally known to me and who did not take an oath. I - 770A ,fl/{, nd..!Ll} ~)--- LINDA MAHON DD 177119 SEAL: ...".;...., LmGa Mahon /~~~-::. Commission#DDl77119 ~~" ~;~ Expires: Feb 21, 2007 --,~~ 0; ~~,,:- Bonded Thru "'II'" Atlantic Bonding Co., Inc. Agenda Item No. 16A7 May 9,2006 Page 9 of 9 Agenda Item No. 16A8 May 9, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Reflection Lakes at Naples Phase 2E", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Reflection Lakes at Naples Phase 2E", a subdivision of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERA TIONS: ,~-~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Reflection Lakes at Naples Phase 2E". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Reflection Lakes at Naples Phase 2E" be approved for recording. FISCAL IMPACT: The project cost is $14,802.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 2,552.00 - $12,250.67 The Security amount, equal to 110% of the project cost, is $16,282.94 The County will realize revenues as follows: -, Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,464.08 Agenda Item No. 16A8 May 9, 2006 Fees are based on a construction estimate of $14,802.67 and were paid ifiCUnAa?f 4 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,020.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 19.14 c) Drainage, Paving, Grading (.75% const. est.) - $ 91.88 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 57.42 e) Drainage, Paving, Grading(2.25%const.est.) - $ 275.64 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDA TION: That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at Naples Phase 2E" for recording with the following stipulations: 1. Approve the amount of $16,282.94 as performance security for the required improvements; or such Jesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department CCH.o ~ ~go 'l("") .::ri (1) Z>.g> E<lla.. 22: <ll "0 C (1) 0> <( I r - lJW^31nos 'l:erTlO:) ~9111fO I H L I m 3 o ~ 11'11'-7~ i 1::0 =8- ~ ~ -'-4 ~!~ ::+" ~-l - 7' =i= ~ '" ~ - -Irr- I/.J / K< tt 00 9 +- n j~Lu I::::t-~~ ~ ~ ~ 4- ." ro c:q ~(i , ~z.rolb{,)f;!:>.. '::O:,:tIl ~ > f >~!=J=i<=1='l;:l ^ ~'/\Z ~ ~ f- -+"1 CWO ~ T =I:: I II=j /}: '</ "" ;l :;, , ~ H ~ i$ 1:::t::Ff-lN-lV; " SI=R~ ~'R=1'rHM-'l-+-~ ~~ ~ ~c,~ } ~ .>' I: f2r7"\nJ~~ ~ <2' /q~ ~ > ,/' ~, · 17 ~~ ~ i=", I t~::Rf:,'~; '=~ 1= \~Il I lL ~ '------, ~ m Ij =1, .,_ I, '" ll\!!"'"' "liW1_ ' 'rr mlillllllQ7/ ~_ ~I - // // ./ w i ~ - - g ~ 13 i:J '" ~ ~ z a.. <( ~ LLJ .... - CI) "'1= 3lV:)S OJ. 10M I - I- m '" a.. <( ~ z o - ~ u o ...J - ::l i~~ ~ dB .~ ~ 'l I-z 00 w- .!< 00 0:0 11....J ~ o n ;; lG !l! ~ ~ i ~ '" on '" ill ~ i1e... '" ~~e. .u ill riB;- N ~~a .u ~ ~ ~ '" ~ !! . Agenda Item No. 16A8 May 9,2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A8 Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 2E, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 5/9/2006 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 4/17/20069:39:33 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 4/17/20069:44 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/26/200610:13 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/26/20065:04 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 9:52 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/200610:40 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/2006 2:38 PM Agenda Item No. 16A9 May 9,2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Veronawalk Phase 1A". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Veronawalk Phase 1A" CONSIDERA TIONS: 1. On May 12, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Veronawalk Phase 1A". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. Agenda Item No. 16A9 May 9, 2006 Page 2 of 5 RECOMMENDA TION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Veronawalk Phase 1A" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A9 May 9, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A9 Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk Phase 1A. The roadway and drainage improvements will be privately maintained. Meeting Date: 5/9/2006 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 4/18/200612:56:59 PM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 4/18/200612:58 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/24/200610:37 AM Approved By "..- Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/25/2006 9:51 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/2006 9:02 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/2006 9:04 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/2006 2:45 PM O'HO L!) <(0_ (,000 "..-N"<t . ci a.l Zo >- OJ rn rn E~Cl. ~ rn "0 c (l) OJ <( ~ I\':JSOJ."'" / -Z- 3 _ !" ~ o ~ ;;; ~ ~ 1l III h if ~ ~ I a ~ ~ '" Agenda Item No. 16A9 May g, 2006 Page 5 of 5 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VERONA WALK PHASE lA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 1 THROUGH 5, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE VERONA WALK HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 23, 2003 approved the plat of Veronawalk Phase 1 A 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 Veronawalk Phase lA, pursuant to the plat thereof recorded in Plat Book 41, pages 1 through 5, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Veronawalk Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2006. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: . Jef E right Assl tant Collier County Attorney .'T"'__....__ EXECUTIVE SUMMARY Agenda Item No. 16A 10 May g, 2006 Page 1 of 2 Recommendation to approve three budget amendments to create and recognize a new Fund 111 cost center for the current budget year named Operations Support and Housing (OSH) - Grants. OBJECTIVE: To have the Board of County Commissioners (BCC) approve three budget amendments (BA's) to create and recognize a new Fund 111 cost center for the current budget year named aSH - Grants. CONSIDERATION: KPMG audited Collier County Government for fiscal year ending September 30, 2005 and, as a result audited our compliance with the requirements of laws, regulations, contracts, and grants applicable to each of our major federal and state programs. KPMG reported two findings (same finding for Federal Grants and SHIP) that relate to the allocation of time to the various grants benefited. Proper and timely allocation of employee time ensures that the correct amount of payroll costs are assigned to the benefiting grant, resulting in a correct financial allocation of costs to grants consistent with U.S. Department of Housing and Urban Development (HUD) and State Housing Initiatives Partnership Program (SHIP) requirements. Findings 2005-1 and 2005-5 of the Auditor's report point out that we should improve our methods of collecting and assigning time to grants. This recommendation is being implemented at the present time through the daily recording and assignment of all employees' time. This collective BA recognizes the fact that an appreciable amount of aSH staff time, primarily the Housing Development Manager, is directly related to County-wide housing issues, such as the Growth Management Plan, Land Development Code, EAR based amendments, incIusionary zoning, impact fee deferral programs, and other similar issues. The accompanying BA's establish the 111 cost center to collect this type time and to correct the time allocations for the current fiscal year, reimbursement for furniture left behind upon moving to offices at 3050 North Horseshoe, and to properly assign fee revenue generated from the countywide impact fee deferral program administered by the aSH staff. FISCAL IMP ACT: The attached budget amendments are required to appropriate funds to the aSH - Grants Fund 111. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The recommendation for authorization of these Budget Amendments is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve the enclosed budget amendments to create and recognize a new Fund III cost center for the current budget year named (aSH) _ Grants. PREPARED BY: Shavm Tan, Senior Accountant, Operations Support and Housing COLLIER COUNTY Agenda Item No, 16A 10 May 9, 2006 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number: 16A 10 Item Summary: Recommendation to approve three budget amendments to create and recognize a new Fund 111 cost center for the current budget year named Operations Support and Housing (OSH) Grants, Meeting Date: 5/9/2006 9:00:00 AM Prepared By Shawn Tan Senior Accountant Date Community Development & Environmental Services Financial Admin. & Housing 4/21/20062:50:30 PM Approved By Constance A. Johnson Operations Analyst Community Development & Environmental Services Admin. Date Community Development & Environmental Services 4/25/20068:31 AM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 4/26/200612:22 PM Approved By Garrett Mullee Financial Operations Manager Date Community Development & Environmental Services Financial Admin. & Housing 4/26/2006 1 :00 PM Approved By Cormac Giblin Housing Development Manager Date Community Development & Environmental Services Financial Admin, & Housing 4/26/2006 1 :21 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/26/2006 5:14 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/200610:06 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/1/2006 9:45 AM Approved By Leo E. OChs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/1/20064:02 PM ....__...__-....w.._._...__ Agenda Item No. 16A 11 May g, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Veronawalk Phase 4A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. OBJECTIVE: To approve for recording the final plat of "Veronawalk Phase 4A", a subdivision of lands located in Section 26, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERA TIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Veronawalk Phase 4A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code __ Section 10.02.04. Engineering Services Department recommends that the final plat of "Veronawalk Phase 4A" be approved for recording. FISCAL IMPACT: The project cost is $1,240,188.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $590,721,33 - $649,466,67 The Security amount, equal to 110% of the project cost, is $1,364,206.80 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $38,450.64 """-"",,,_.,".,,~..........,,,.,,,,,.~ Agenda Item No. 16A 11 May 9,2006 Fees are based on a construction estimate of $1 ,240,188,00 and were pc:iijl~1!t 2 of 4 June, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000,00 + $5.1ac) -$ 1,245.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 4,430.41 c) Drainage, Paving, Grading (.75% const. est.) - $ 4,871.00 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $13,291,23 e) Drainage, Paving, Grading(2.25%const.est.) - $14,613,00 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDA TION: That the Board of County Commissioners approve the Final Plat of "Veronawalk Phase 4A" for recording with the following stipulations: 1. Approve the amount of $1,364,206,80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering SeNices Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering SeNices Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department "..-<D"<t ""-0_ ~oo "\JC"') .:n-al O>,OJ Zrnrn E~Cl. 2 rn "0 c (l) OJ <( V> V> ~ " ~ " z C z 'i a.. <( ~ IJJ t- - en 2 o w- I-!;;: 000 o ...J :e~ ~ ~ SS3ticf.l..:J ~JNIONWr ;/ il ~I ~ f5 >1 ]1'1';)5 OJ. 10N / E- - ~ ~ Iil ;;; 1-2 00 ~ w- ~~ -,!;;: ~ ~d_ ~ ~ ;'; 00 ~il a.. ~ Ira ~ n....J ~ <( ~~ ~ g - ~~~ Z ~~~ l'l U~ ~ ~~ ~ f~- 0 0 ~ - . g t- ~. <( U " 0 ~ --I ~m N ~ao ~~- ; ~~ ~~ < g N ~ ~u~ _...~--~--_.._-_..__.- .-..-..-""'''"'..----<( 1 _...---...-,',."'.~. Agenda Item No. 16A11 May 9.2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A11 Recommendation to approve for recording the final plat of Veronawalk Phase 4A. approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 5/9/2006 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 4/25/200610:29:05 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 4/25/2006 3:29 PM Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Constance A. Johnson 4/26/200610:24 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4126/20065:21 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20069:40 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/200610:28 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/2812006 3:21 PM Agenda Item No. 16A 12 May 9, 2006 Page 1 of 3 EXECUTIVE SUMMARY Approve an Amendment No.2 of the FEMA Floodplain Mapping Study Interlocal Agreement with the City of Naples to provide funding for additional services requested by the Federal Emergency Management Agency. OBJECTIVE: To provide sufficient analyses of the coastal storm parameters to address comments received from FEMA for coastal flooding and surge. CONSIDERATIONS: Collier County and the City of Naples entered into an Interlocal Agreement on February 25, 2003 [BCC Agenda Item 16 (A) (l0)] to have the City of Naples contract with Tomasello Consulting Engineers, Inc. (Tomasello) for engineering services related to the Flood Insurance Rate Map (FIRM) Restudy and Appeal. This effort was to address coastal storm flooding, and included the analysis of historical storm data to develop the parameters for the I-percent annual chance storm. Tomasello sub-contracted with Environmental Dynamics Research, Inc. (EDR) to look at the characteristics of historical storms and prepare an appropriate analysis that would address the Collier County coastline area. That analysis was completed and submitted to FEMA's National Service Provider (the actual reviewing entity) which was Dewberry, Inc. (Dewberry) at that time. Dewberry reviewed the document, which was submitted in May 2003, and verbally expressed general agreement with the analysis. Since that time, FEMA has switched the company acting as its National Service Provider, and now the firm of Michael Baker Jr., Inc. (Baker) is fulfilling that role. In April 2006, Baker provided comments to Collier County that expressed concerns about the sufficiency of the analysis performed by EDR and asked that further analysis be performed to verify the methodology used. The work required to respond to Baker's comments will entail some effort by EDR. The first phase of the work will cost an estimated $4,000 and will compare the historic storm central pressures computed by the method used by EDR to the central pressures computed by the National Weather Service (NWS) under the same conditions. If the results indicate a comparable result to the NWS method, presumably no further work would be required. If the NWS method proves to result in central pressures more intense than those derived by EDR, then a completely new analysis of storm central pressures for Collier County would need to be developed by EDR using the NWS methodology for a cost of an additional $12,000. The study is a critical element of the data needed to support the County's efforts to amend the existing Flood Insurance Rate Maps for Collier County as well as the City of Naples. Upon approval of the funding and direction of the Board of County Commissioners, the County Manager, or his designee, will work with the Office of the County Attorney and the City of Naples to draft the specific language for the Amendment to the Interlocal Agreement. Concurrently, it is proposed that the City of Naples will develop the specific language in their contract with Tomasello Consulting Engineers, Inc. to include this additional work in the scope of services and increase the purchase order amount. '''...-...+"-......__..._.,_,..;..,....,.. ~.,_,.'u ',.'. Executive Summary Agenda Item No. 16A12 May 9,2006 Page 2 of 3 Page 2 There is the possibility that City Council will not support an amendment to the Interlocal Agreement for this additional work when it is presented to them at their May 17, 2006 meeting. If they do support an amendment, they may also approve funding at something other than the proposed even split of the cost with the County. These are variables that are not expected, but may arise. If disagreements arise with the City of Naples, to ensure that work is able to proceed on the coastal surge flooding portion of the floodplain mapping project, the County could also amend its current contract with Tomasello Consulting Engineers, Inc. for six inland basins that are included in the overall floodplain mapping effort. FISCAL IMP ACT: The cost to perform this work by Tomasello Consulting Engineers, Inc. (sub-contracting to Environmental Dynamics Research, Inc.) has a total estimated cost of $16,000 which is proposed to be evenly divided between Collier County and the City of Naples. The initial effort of $4,000 will hopefully resolve the matter with Baker, but the full $16,000 is being requested for approval with this amendment to avoid potential delays if the second effort is required. Funding in the amount of $16,000 is available in Fund 111. GROWTH MANAGEMENT IMPACT: None RECOMMENDA TJON: That the Board of County Commissioners 1. Approve the expenditure of up to $16,000 for the preparation of the additional coastal storm parameter analysis by Tomasello Consulting Engineers, Inc., as requested by FEMA's national service provider (Baker); 2. Direct the County Manager, or his designee, to work with the Office of the County Attorney and the City of Naples to draft the specific language of the Amendment No.2 to the Interlocal Agreement; 3. If the City of Naples does not authorize entering into this Amendment No. 2 of the Interlocal Agreement, direct the County Manager, or his designee, to work with the Office of the County Attorney and the Purchasing Department to draft the specific language for an Amendment No.2 to the County's contract with Tomasello Consulting Engineers, Inc. for the floodplain mapping of the interior portions of the County; 4. Authorize the Chairman to sign the Amendment No.2 to the Interlocal Agreement with the City of Naples or Amendment No.2 to the interior basin floodplain mapping contract with Tomasello Consulting Engineers, Inc., whichever is finalized; and 5. Direct the County Manager, or his designee, to prepare the necessary budget amendment forms. Prepared by: Robert C. Wiley, r.E., C.F.M., Principal Project Manager Engineering Services Department, CDES Division Item Number: Item Summary: Meeting Date: Agenda Item No. 16A 12 May 9, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Approve an Amendment NO.2 of the FEMA Floodp/ain Mapping Study Inter/ocal Agreement with the City of Naples to provide funding for additional services requested by the Federal Emergency Management Agency. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) 5/9/2006 9:00:00 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/25/2006 11 :09 AM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering Services 4/25/2006 3:30 PM Approved By Stan Chrzanowski Community Development & Environmental Services Engineering Review Manager Date Engineering Services 4/26/2006 12:55 PM Approved By Robert C. Wiley, P.E. Community Development & Environmental Services Prinicipal Project Manager Date CDES Engineering Services 4/26/2006 5:05 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/26/2006 7:59 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4127/200610:14 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/30/2006 11: 11 AM Approved By Leo E. Ochs, Jr, Board of County Commissioners Deputy County Manager Date County Manager's Office 511120064:14 PM Agenda Item No. 16A 13 May g, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Access Request and Release form allowing Roy DeLotelle of DeLotelle and Guthrie, Inc. to access Conservation Collier lands, to approve the donation of in-kind consulting services for conducting red-cockaded woodpecker studies and to authorize the Chairman to sign the attached Access Request and Release form OBJECTIVE: To approve an Access Request and Release form allowing Roy DeLotelle of DeLotelle and Guthrie, Inc, to access Conservation Collier lands, to approve the donation of in- kind consulting services for conducting red-cockaded woodpecker (RCW) studies and to authorize the Chairman to sign the attached Access Request and Release form. CONSIDERATIONS: Roy DeLotelle ofDeLotelle and Guthrie, Inc. has offered the donation of consulting services for the purpose of fulfilling obligations set forth in a Habitat Conservation Plan developed for U.S. Fish & Wildlife for the developer of the City Gate Development Project as part of "minimizing and mitigating for impacts," and to "assist Collier County in developing a comprehensive plan for RCWs in North Belle Meade Area." Roy DeLotelle would access Conservation Collier lands for the purpose of assisting staff with a RCW survey, assessment of the quality RCW habitat on site, and to provide advice for RCW habitat management. FISCAL IMP ACT: There is no fiscal impact associated with this request. The County will not be charged for the services provided by Mr. DeLotelle. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. It also supports the Conservation and Coastal Management element of the Growth Management Plan, Policy 1.2.], which requires the County to coordinate with agencies for the purpose of data sharing. LEGAL CONSIDERATIONS: This form has been reviewed and approved by the County Attorney's office for legal sufficiency. RECOMMENDA TION: That the Board of County Commissioners: 1. Approve the attached Access Request and Release fonn to allow Roy DeLotelle of DeLotelle and Guthrie, Inc. to donate consulting services through accessing Conservation Collier lands to conduct red-cockaded woodpecker studies; 2. Authorize the Chairnlan to sign the attached Access Request and Release form; and 3. Authorize the County Manager, or his designee, to accept future donated services required by federal, state and local agencies. Prepared by: Christal Segura, Environmental Specialist, Environmental Services Department . ,..'''....".,.."~_w'_,,j.,_._III_,.~_''',.__ Item Number: Item Summary: Meeting Date: Agenda Item No. 16A13 May 9, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A13 Recommendation to approve an Access Request and Release form allowing Roy DeLotelle of DeLotelle and Guthrie, Inc. to access Conservation Collier lands, to approve the donation of in-kind consulting services for conducting red-cockaded woodpecker studies and to authorize the Chairman to sign the attached Access Request and Release form. 5/9/20069:00:00 AM Prepared By Christal Segura Community Development & Environmental Services Environmental Specialist Date Environmental Services 4/21/20063:58:46 PM Approved By William D, Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 4124/20069:05 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/26/20069:15 AM Approved By Alexandra J. Sulecki Community Development & Environmental Services Senior Environmental Specialist Date Environmental Services 41261200612:16 PM Approved By Steven Griffin County Attorney Assistant County Attorner Date County Attorney Office 4/26/200612:21 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/26/2006 5:42 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4127120064:21 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/301200610:59 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 511120064:04 PM Agenda Item No. 16A 13 May 9,2006 Page 3 of 4 CONSERVATION COLLIER PROGRAM LAND ACCESS REQUEST AND RELEASE WHEREAS, the Conservation Collier Land Acquisition Advisory Committee, part of the Collier County Environmental Services Department, does allow individuals to conduct environmental research on our lands. These activities are for the purposes of information and learning; and, WHEREAS, the undersigned fully understands that this request involves a potential danger and/or exposure to hazardous conditions to both his/her person and property, 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 the undersigned assumes all risks arising out of the granting of this request, including all damages to person and property of undersigned. FOR AND IN CONSIDERATION OF the permission and privileges extended to me pursuant to my request to enter and perform research-related 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 responsibility, and do hereby indemnify and release and discharge the Conservation Collier Land Acquisition Advisory Committee, and the Collier County Environmental Services Department and the Collier County Board of County Commissioners, their officers, agents, and employees 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, which may occur at any time arising out of the granting of this request whether or not any such damages are due to alleged negligence of any agent, employee or other worker of the Conservation Collier Land Acquisition Advisory Committee, and the Collier County Environmental Services Department or the Collier County Board of County Commissioners and the County of Collier, THEREFORE, I, Rov DeLotelle (Print Name(s) do hereby request permission of the Collier County Board of County Commissioners and the County of Collier to enter Conservation Collier lands and conduct environmental research- related activities on the following dates and approximate times: Dates: To be inserted Release Doc. Agenda Item No. 16A 13 May 9, 2006 Page 4 of 4 Page 2 of 2 Approximate times: and for the following reason and purpose: Donation of consulting services with a usual market value up to but not exceeding to be documented by the consultant based on his customary accounting or billing practices for the purposes of: · Assisting staff with a red-cockaded woodpecker (RCW) survey · Assessment of the quality RCW habitat on site · Providing advice for RCW habitat management I further understand that this agreement does not constitute an employer/employee relationship and no employer/employee relationship may be inferred by this agreement. Date: Signature: -------------------------------- Approved Disapproved Immediate Supervisor FINAL AUTHORITY: Approved Disapproved William D. Lorenz, Jr" Director, Environmental Services Department EXECUTIVE SUMMARY Agenda Item No. 16A 14 May 9, 2006 Page 1 of 17 Recommendation that the Board of County Commissioners approve the application by Advanced Medical Center, LLC for the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program and approve a reimbursement of $126,742.68 of Transportation Impact Fees paid related to the Site Development Plan (SDP) for the specified project, in accordance with the provisions of Section 10.02.07 of the Land Development Code (LDC), which will instead be paid with budgeted Fee Payment Assistance Program funds upon the execution of a binding Fee Payment Assistance Program Agreement. OBJECTIVE: That the Board of County Commissioners (Board) approve the application by Advanced Medical Center, LLC for the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program and approve a reimbursement of $126,742.68 of Transportation Impact Fees paid related to the Site Development Plan (SDP) for the specified project, in accordance with the provisions of Section 10.02.07 of the Land Development Code (LDC), which will instead be paid with budgeted Fee Payment Assistance Program funds upon the execution of a binding Fee Payment Assistance Program Agreement. The reimbursement of previously paid Transportation Impact Fees will not be processed until the Agreement is executed and recorded and the requisite lien is placed on the property for the amount of the actual Fee Payment Assistance Program Award. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003-59, which is Chapter 49, Article V of the Collier County Code of Laws and Ordinances (Code) thereby establishing the Advanced Broadband Infrastructure Investment Program, and Ordinance No. 2003-61, which is Chapter 49, Article II of the Code, which established the Fee Payment Assistance Program. These programs are available to targeted high-wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Programs have specific eligibility requirements including the number of full-time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. On April 7, 2006, Advanced Medical Center, LLC submitted an application to be considered for the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. The project involves the construction of a 28,100 square foot Regional Headquarters office which is proposed due to an increase in patient volume and business growth. The project also includes the upgrade of the information and communication technology. Advanced Medical Center, LLC proposes to create twenty (20) new jobs in Collier County, by June 30, 2009, at an average wage of $55,735, which is 163% of CoUier County's current average wage. The initial capital investment is approximately $ I 0.6 million related to the construction, land and equipment for the subject project. Based upon the above commitments, Advanced Medical Center, LLC is eligible for Fee Payment Assistance Program funds up to a maximum amount of$412,146, not to exceed the dollar amount of the actual impact fees associated with the project. On March 30, 2006 Transportation Impact Fees in the amount of $126,742.68 were paid for the project in accordance with Section 10.02.07 of the LOC which requires that 50% of the estimated Transportation Impact Fees be paid prior to the approval of the SOP, Final Plat or other final local development. Upon approval of the Advanced Medical Center, LLC Page 2 Agenda Item No. 16A 14 May g, 2006 Page 2 of 17 application for the Fee Payment Assistance Program, staff will calculate the total impact fees due for the project and prepare a Fee Payment Assistance Program Agreement for payment of the impact fees, with the amount not to exceed $412,146 or the actual amount of impact fees due for the project, whichever is less. Any impact fees due in excess of the $412,146 will be paid by the applicant/property owner. Upon execution and recording of the agreement and filing of the requisite lien on the property, staff will prepare a request for reimbursement, in the amount of $126,742.68, for Transportation Impact Fees that were previously remitted and are now being paid from budgeted Fee Payment Assistance Program funds. Advanced Medical Center, LLC has also requested to participate in the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new building or renovating an existing non-residential building and upgrading it to be a "smart building", facilitating the installation of advanced broadband technology. The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year, over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The incentive award does not provide repayment for monthly service or maintenance and may not exceed the actual cost of the installation or upgrade, or $25,000, whichever is less. The applicant meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Chapter 49, Article V of the Code, and the Fee Payment Assistance Program requirements set forth by Chapter 49, Article II of the Code, as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation and retention of jo bs within the County. FISCAL IMP ACT: Broadband Infrastructure: The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the request. The incentive award does not provide repayment for monthly service or maintenance and may not exceed the actual cost of the installation or upgrade, or $25,000, whichever is less. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. This incentive award will be funded by General Fund revenue that was specifically budgeted for the adopted Broadband Infrastructure Investment Program. ::::> Fee Pavment Assistance: Advanced Medical Center, LLC is eligible for Fee Payment Assistance funds up to a maximum amount of $412, 146. The actual incentive award may not exceed the impact fees due and payable for the proposed development. A lien will be placed on the subject property for the dollar amount of the impact fees, which will remain on the property for the term of the agreement. At the conclusion of the agreement, if all requirements are met, Advanced Medical Center, LLC Page 3 Agenda Item No. 16A 14 May 9,2006 Page 3 of 17 the lien will then be released from the subject property. If at any time during the term of the agreement the non-County party is not in compliance with the terms and requirements set forth by the agreement, they may be found in default and subject to default provisions set forth in Chapter 49, Article II of the Code. This incentive award will be funded by General Fund revenue that was specifically budgeted for the adopted Fee Payment Assistance Program. The Operations Support and Housing Department of Community Development and Environmental Services Division has responsibility for job verification as well as monitoring program compliance. The initial capital investment related to this project is estimated to be $10,630,000 for related land, building and equipment. In addition, the creation of the twenty (20) new jobs generates a local payroll of approximately $1.1 million annually. GROWTH MANAGEMENT IMPACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: '"Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversifY the County's economic base." LEGAL CONSIDERATIONS: The Advanced Medical Center, LLC project meets all of the Advanced Broadband Infrastructure Investment Program requirements and the Fee Payment Assistance Program requirements as a Targeted Industry expanding within Collier County and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners approve the application by Advanced Medical Center, LLC for the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program and approve a reimbursement of $126,742.68 of Transportation Impact Fees paid related to the SDP for the specified project, in accordance with the provisions of Section 10.02.07 of the LDC, which will instead be paid with budgeted Fee Payment Assistance Program funds upon the execution of a binding Fee Payment Assistance Program Agreement, and that the Board approve any budget amendments that may be required related to this request. Prepared by: Amy Patterson, Impact Fee/Economic Development Manager Operations Support and Housing, CDES Item Number: Item Summary: Meeting Date: Agenda Item No, 16A14 May 9, 2006 Page 4 of 1 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A14 Recommendation that the Board of County Commissioners approve the application by Advanced Medical Center, LLC for the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program and approve a reimbursement of $126,742.68 ofTransportation Impact Fees paid related to the Site Development Plan (SOP) for the specified project, in accordance with the provisions of Section 10.0207 of the Land Development Code (LDC), which will instead be paid with budgeted Fee Payment Assistance Program funds upon the execution of a binding Fee Payment Assistance Program Agreement. 5/9/2006 9:00:00 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 4/21/20064:40:06 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/24/200610:54 AM Approved By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 4/24/20062:14 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 4/26/2006 8:17 AM Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Date Financial Admin. & Housing 4/26/200612:23 PM Approved By Phill Tindall Transportation Services Principal Planner Date Transportation Planning 4/26/2006 2:42 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/26/20065:19 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 4/27/200610:25 AM Approved By Agenda Item No. 16A14 May 9,2006 Page 5 of 17 OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20064:22 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/30/2006 11: 04 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/1/20064:10 PM Agenda Item No. 16A 14 May g, 2006 Page 6 of 17 AMENDED c:::.o~-y c:::.oU--n.t:y -- '- --......... ECONOMIC OEVEI OPMENT COUNCIL .-.... ................ of Collier County, Florida C(oV\ling (~reat Ideas Economic Stimulus Program Recommendation Form for (Name of Business) ADVANCED MEDICAL CENTER 1. Economic Stimulus Programs: X Broadband Infrastructure Investment o Fast Track Pennitting Fee Payment Assistance o Job Creation o D X Property Tax Stimulus Local Match for QTI 2. Collier County's company location: X High Impact Area o Eastern Collier County o Immokalee Enterprise Community 3. Project qualifications: Number of current Collier County employees: Number of new jobs resulting from project: Total retained and new jobs: 44 _20 64 Avg. Wage: Avg. Wage: A vg. Wage: $ 48.811 $ 55.735 $ 50.974 Agenda Item No. 16A 14 May g, 2006 AM~E)EEf 17 4. Schedule of incentive funds requested (bv Collier County fiscal vear): 200612007 200712008 200812009 2009-2010 2010-2011 Total Fee Payment J,~ ~ p-- 4 :er $~ Assistance $412,146 $412.146 Broadband 11 jdr 9 -'7' $8.300 $8.300 $8,400 $25,000 Total $412,146 :a ftO $8.300 $8,300 $8.400 $437,146 5. Multipliers: NAICS Code: _621111 "Office of Physicians" Earnings Multiplier: _$ 1.4010 Employment Multiplier; _1.7191 Economic DeveloDment Council of Collier County Recommendation Prepared by: ~)t (0--:~ I /:( 'y It)~/~_fl{t(IIJ) . LI 7 .. I. '. . L If v .".,_'_,~ Economic Development Department Dale ....., /-"';~::'~".:'~'""" j ,L' I, \,. ...:.::';::~ ....L ..' """ If, ~ '" /;l)',' j,J ,. f "''}')' " .. [ t, i.----.... I I{ .' i l'~ . ~., --- ~ '--~=--. L/ 7.([ Approved: Economic Development Department Date Approved: LI/7pb Economic Develo ment Council of Collier County President Date Effective December 2005 Page 2 of 12 Client Approved (initials) c::;.o~-r c::::.o-u.-n.ty - =.= Agenda Item No. 16A14 May 9,2006 AM~f 17 COLUER COUNTY ECONOMIC STIMULUS PROGRAM ApPLICATION for Expanding or New Businesses ADVANCED MEDICAL CENTER Name of Business BUSINESS EXPANSION AND RELOCAnON Project Title (1.5 word description) 01/-. () 1. ZOo (p Date ECONOMIC DEVELOPMENT CoUNCIL OF COLUER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989 · FAX (239) 263-6021 www.eNaplesFlorida.com Effective December 2005 Page 3 of 12 Client Approved ~jniliaIS) c::otta... <:::O-U'~t;y ~~ -~~ I J EC~ DlVU.OPMfNF COLNCI. ......._.mM........,ofCoI....Ccull)'.fln'id.t. CrowinB Creat Idt'ilS Agenda Item No. 16A 14 May g, 2006 AMeNgSOJf 17 Client Identification 1. a) Name of Business Unit: ADVANCED MEDICAL CENTER b) Mailing Address: 2171 Pine Ridge Road, Suite D c) Name of Parent Company (if applicable): N/A d) Primary business unit contact: Name: Greaory Leach Title: President and CEO Company: Advanced Medical Center Address: 2171 Pine Ridge Road.Suite D Phone: 2:!Q.5R6-7R76 Fax. 2:!Q.5Q1.8:!Q7 Email: bonanzaarea@sprintmail.com 239.598-2589 e) Business unit's federal employer identification number: 65-0043540 f) Business unit's unemployment compensation identification number: 1181053 g) Business unit's Florida sales tax registration number: N/A h) Business unit's Collier County occupational license number: R~O~?? i) List NAlCS codes of all activities of the business unit: 621111 Target Industry: life Sciences: Health Care 2. a) Is the business unit minority owned: DYES ~NO b) If YES. explain: N/A 3. Business unit's tax year (example: Jan. 1 - Dec. 31): Jan. 01 - Dee 31 Project Information 4. a) Is the business unit (please choose one): o a new business unit to Collier County IX] an expansion of an existing Collier County business unit If an expansion, how many employees are currently working in the expanding business unit located in Collier County? 44 c) How many individuals are employed in ALL Florida locations? 44 d) How many individuals are employed in ALL domestic and international locations? 44 Effective December 2005 Page 4 of 12 a;e'" Ap,,,,,,ad ~ (;".e~) c:::..o~r <:::::::;0-..... ....:cy ... - ~ H:";;"llIIo:owf: Pf't'iJ.U~WNl t;"I}l.JnoC:fI ul(<nli1l<-'!...m;l"';" ~h"iiL. r ;"!' 5. Provide a full project description: Advanced Medical Center is constructing a 28,100 SF, two story class A building. Besides the building development and due to patient increasing volume and business growth we are upgrading our information and communication technology by integrating wireless networking, digital X-Ray and Electronic Medical Records to our operations. Agenda Item No. 16A 14 May g, 2006 AMENDED 17 6. Please check the box that best defines your project. Answer a) A!.:J!2 b), if applicable: a) 0 Multi-state business enterprise b) I!J Regional headquarters office o Multi-national business enterprise 0 National headquarters office o International headquarters office 7. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Collier County: 0 % outside of Florida: 0 % 8. Project employment and wages: a) Has the applicant ever participated in an EDC-assisted program? I!J YES 0 NO If YES, how many new and retained Jobs were included in that project? _52 b) Total number of net, new full-time equivalent Collier County jobs created by the project at the business unit indicated above: _20 c) Are any employees being transferred from another Florida location? 0 YES I!J NO If YES, how many and from where? e) AnticiDsted annualized average wage (not including benefits) of the new to Collier County jobs created by the project at the business unit: S 55.735 f) Annualized average wage for existing Collier County employees: $ _48,811 (The wage indicated above will be used In the certlflcetion, agreement, and claim evaluation process. Cash performance bonuses and other cesh payments to the employees, such 8S overtime, should be included.) Annualized average value of benefits associated with each new job created by the project at the business unit: S 11.441 If jobs are to be phased in, provide the date when each phase of employment will be full im lemented: Phase Number of net, new full-time equivalent Collier County Jobs created in business unit 10 10 Date by which those jobs will be created 06/30/2008 0613012009 I II III TOTAL 20 9. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) . Effective December 2005 Page 5 of 12 Client Approved ~ (initials) <::::.o~.... c::::.o...... '>>'1"ty - ........~ ,..;;:!l", ~~'qP~ 't'i~"'" -: ,tit: .. .,-"=_._.~o__,_ , Agenda Item No, 16A 14 May 9, 2006 AMBfeEo:>f 17 We have purchased land on Pine Ridge Road, and have been developing the land. This has entailed the demolition offour abandoned houses and filling a lake (an area where fill was once taken to build Pine Ridge Rd). So far the expenses related to the site improvement are $1,500,000. The construction will take 12 months and the estimated costs related to the new building are approximately $7, 000,000. In addition, fumishings and equipment for the building will cost approximately $1,000,000. b) list the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ 2,630,000 land (if applicable) Amount $ 7,000,000 Construction/Renovations Amount $ Manufacturing Equipment Amount $ 1,000,000 Other Equipment Total $ 10.630.000 c) Estimated square feet of new or newly expanded facility: 28,100 10. Anticipated date of beginning of construction for this project: March 2006 11. Anticipated date project will be in operation: April 2007 12. Site and Contractor Information: a) Folio Number: _68440200004, 68440160005, 68440120003, 68440080004 b) Project Street Address& Suite Number/legal description: c) Type of Project (circle one): Rezone Plat ~ Other _Building Permit_ Owner/Developer Name: _Dr. Gregory and Sally leach d) Owner/Developer Telephone Number: _239-566-7676 located on Brownfield Site or in a Brownfield Area? 0 YES (If YES, please attach a copy of the official document that designated this area as a Brownfield area.) ~NO e) Will project be locating or expanding in an Enterprise Zone? DYES If YES, which Zone: 0 Immokalee 0 Everglades City ~NO f) Architectural Firm: _Architectural Network Contact: _Rocco Costa Phone:_ 434-5800 Email: _rocco@archnetinc.com Fax: _434-0208 g} Engineering Firm: _Q Grady Minor Contact: _Norm Trebilcock Phone: _947-1144 Email: NTrebilcock@qgradyminor.com Fax: _947-0375 Effective December 2005 Page 6 of 12 I' Client Approved ~~ \ (initials) c::::.o~-r c::::.o-u. ,"-~y ......... ~-- ~ t('U'-oii.wtIf': Ot'vll.O,",IU. r a1\.<<i'K ",~1..~'i~,..tu"I!. ~"}nI4 ;yo....,! Agenda Item No. 16A 14 May 9,2006 AMeteEiYf 17 h) Contractor: _Don Garrett Contact: Phone: Email: Fax: Project Impact Information 13. What role will the incentive(s) play, including the Fast Track Regulatory Process Program, in the decision of the applicant to locate or expand in Collier County? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by those states/communities.) Incentives will mitigate the high costs of doing business In Collier County due many well known factors as permitting costs. impact fees, lack of land availability and appropriate supply of workforce all of which entail facing overall business costs that exceed those of neighboring areas like Lee County, Incentives will mitigate the building costs as well as the challenging govemmental procedures that burden any building initiative within this County. Regardless the building development Advance Medical Center is currently making, without these incentives, the company will consider moving its business someplace else; most probably to Lee County. 14. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) In addition to providing family practice services AMC also provides occupational medical services to several major businesses in Collier County. These businesses include The City of Naples, The Collier County Sheriffs department, The Collier County School system, and we provide work comp care to all NCH employees. For the Collier County residents as well as tourists convenience, the practice has extended hours (8-8 on weekdays), and it is open on Saturdays and Sundays; it is open 361 days a year. We provide progressive, practical, affordable, and convenient medical care to patients of all ages with a wide array of illnesses. We also provide Urgent Care _ we have on site x- ray, lab facilities and a pharmacy on site. In addition to running the business and working at Advanced Medical Center, Dr leach routinely volunteers his time at the non for profit Neighborhood Health Clinic. In addition, this past summer he donated his time by providing medical care to indigent people in Burkina Faso (NW Africa) - one of the poorest countries in the world. As well as holding a medica/license, in 1994, while working full time at Advanced Medical Center, Dr leach earned an MBA from the University of South Florida. He believes that good health care requires the best management possible for the benefit not only of his business but most importantly for the best interests of his customers. This is the kind of philosophy that has allowed AMC to continually grow and prosper. Effective December 2005 Page 7 of 12 eu"" A"n"" ~ (n_) c:::.o~:""'... <:;;:-0"14- .....t::y '~~.... -., . - , fr0~~:1'it\'L(O.,lt....r t'Ol.,;;-,1j'fl ...{,tli!....'"I~.W'l,Ht,..I>I.j. ,.. "f.-~ :0 "', '! Agenda Item No. 16A14 May 9, 2006 AM~i)E)jf 17 b) Describe any criminal or civil fines, or penalties, and any awards. If there are none, please make this statement below. I None c) I agree to allow the Economic Development Council of Collier County perform a Company and/or Personal Background Check. ~YES DNO You may request that your project information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. X YES, we Request Confidentiality NO, we do not Request Confidentiality Effective December 2005 Page 8 of 12 ell"" App,""",, k ('0111.0) C:;O~Y-" C;::O-u.-n.t:.y ~ ,=~. ,', , ,.-<~' ,;,,~c Otv'UOi"MfNJ (XX.:r'K:\1. ___c.JO-l'ilil!orCfIl,OI'1'y.f&.onlLl ing (;rcdt id<'tIS Agenda Item No. 16A 14 May 9,2006 AM~MBEt1>f 17 Application Completed By: To the best of my knowledge. the infonnation Included in this application is accurate. ~(){11maJ '- (Signature) Lori Ann Martell (Print or Type Name) Gregory E. Leach MD. MBA (Print or Type Name of Authorized Officer) Practice Administrator (Print or Type Title) CEO (Print or Type Title of Authorized Officer) Advanced Medical Center Inc. (Company) Advanced Medical Center Inc. (Company) 566-7676 (Phone Number) 566-7676 (Phone Number) 566-1506 (Fax Number) Ln'Ytt ktVi! DJj l/tJ, rK:e.tf mull CtL/ [~ lvnJ advancedmchsd@earthlink.net (E-mail Address) L/lwloLo (Date) 591-8397 (Fax Number) bonanzag reg@sprintmail.com (E-mail ~ddress) 4/&/0[/7 (Date) (Contact Person. if different) (E-mail Address. if different) (Address, if different) (Phone Number. if different) Effective December 2005 Page 9 of 12 ~ 'r: i Client ApproVed" .... .... . 1 (initials) <::::;O~"Y.. L_ ;.o'J..~I:n:t.y ,";'';~.t' ~,~ - l;'} ft",fl'\ti~,f1lf\'lU'w..l['I'(r crJ;l)ll'l(:tt > ~'~ (~Cn..,",~ ~tlllRli,l "H.;",'rt'ir;' d :: "'t. ." Agenda Item No. 16A 14 May 9, 2006 AM~bi:'i:ff 17 Attachment A: Roles & Responsibilities . ., Owner/Developer Applicant G IR .b.litO f -Meet all requirements of Fast Track Regulatory Process Program --Site selection --Hire contractors, consultants, engineers, architects -Submit application within 60 business days of acceptance as a Fast Track project --Attend pre-application meeting, if possible -Attend meeting after 3rd rejection, if necessa and ossible . ctt 'ct --Attend pre-application meeting with sufficient plans for quality review --Submit complete application that meets current LDC and other code requirements -Submit updates after receiving rejection comments, within 20 business days -Attend meeting after 3rd rejection, if necessary ~ "Collier County Community Economic Development CounCil D / t d E vOro m t 1 f C II" C t eve opmen an n I n en a o 0 fer oun y SOD. . 0 ervlces IVISlon --Attract and qualify busmesses under the Fast Track program -Contact the Special Projects Manager as soon as a company is qualified. --Attend the pre-application meeting. -Maintain consistent contact with Special Projects Manager to ensure timeframes are being met. -Monthly review status of projects, particularly those with issues or potential issues --Attend meeting after 3rd rejection, if necessary -Copy all vested parties with correspondence. -AsSign SpeCial Projects Manager . Assist EDC with site selection. . Organize pre-app meeting . Lead project Team . Handle dispute resolution by involving appropriate decision makers . Shepard projects through the process from start to finish/manage project plan . Main point of contact for EDC, applicant and owner . Prepare monthly status reports/emphasis on exception or "red flag" items . Schedule hearings and external meetings, as required . Provide value-added services such as occasional site visits when under construction -Develop project team . Attend pre-application meeting . Review submissions within stated number of business days . Attend meeting after 3rd rejection, if necessary . Copy all vested parties with correspondence. Effective December 2005 c:::.o~T <::;o-u......:~y ~ ~-- Page 10 of 12 Client Approved t-ct,"-A..l.....'" UMi.tJfIfJIt"t I :f1ll.N(lI. ".t tfl~'......f,t.....,,> ~."'..w ';: ,~ ;: " , j t ~ i.'._ :,_ ,,; Attachment B: Potential Obstacles Agenda Item No. 16A 14 May g, 2006 AME:M>jfu>f 17 There are certain known issues that can lead to a less than smooth approval process, as listed below. At the pre-application meeting (or before then if applicable) the Special Projects Manager will complete this section relative to the facts as presented at that time. Items that may cause a delay Anticipated Delay and related information Requires re-zoning Site in existing PUO Site contains wetlands Site requires an Environmental Impact Statement LOC amendment required Permits from outside agency Utilities issues? Other? Note: this list is not intended to be exhaustive of all items that may cause conflicts or delays in the approval process, but is to identffy those most common and those most likely to significantly hold up the swift approval of the project. Items the DeveloDer or ADDlicant wishes to disclose concernina unusual reauirements Effective December 2005 Page11of12 C1i.",_~("_) c:::.o~~_ ~"""'F1~Y "':'Jt'" =~ KON()MlC m:YUOf'MfW r CXJCJN(.ll (.~; ;'( .;;,': Y;'I\~ {t.I~:.~~'['Z:i(~;7:~ Agenda Item No. 16A14 May 9, 2006 AMENbe[ff 17 Attachment C: Proposed Timeline (to be completed at pre-application meeting) Pre-application meeting Special Projects Mana er Applicant Day 1 Day 30 Pro' ect team Applicant Da 45 Day 65 Pro' ect Team 15 business da s ermits We, the undersigned, fully accept our roles and responsibilities in this project and have offered all information in good faith and in an attempt to be thorough, We recognize that new information may be presented as the project moves through the review phases. We also recognize that until the review process begins it is not reasonable to identify every possible issue with a project. As any new material information is identified that may cause a change to this plan in any way. the Special Projects Manager is to be contacted to coordinate as needed. Owner/Developer Name: Date Applicant Name: Date EDC Representative: Date Collier County Special Projects Manager Name: Date Effective December 2005 Page 12 of 12 Client Approved ~ (initials) ~~-r-" <::;::-o"U........~~ ~ b;"(N,,~4Ii:Df\'llOi....\r,...ra~'f::u ;.Jl'l<#'-U.....,.I'.H..I.."'" .'l'.rnc: ,",.r-,:-'.lt r'!~_,i\ Agenda Item No. 1681 May g, 2006 Page 1 of 22 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve five (5) 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. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups: Christopher Realty, Laura Faustino Century 21, Stoney's Citrus Farms, Anchor Health Centers and Valle Professional Services as the sponsors of the listed roadways and that the Board of County Commissioners authorize its Chairman to execute five (5) Agreements on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Dept. Attachment: Agreement (5) Agenda Item No. 1681 May 9,2006 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B1 Recommends Board's approval of Adopt-A-Road Agreements (5) for the following: Christopher Realty, Laura Faustino Century 21, Stoney's Citrus Farms. Anchor Health Centers and Valle Professional Services Meeting Date: 5/9/2006 9:00:00 AM Prepared By Margaret A. Ramos Administrative Secretary Date Transportation Services Road Maintenance 4/24/200610:57:21 AM Approved By John Vliet Roads Maintenance Superintendant Date Transportation Services Road Maintenance 4/25/20065:37 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 4/25/2006 1 :36 PM Approved By Rookmin Nauth Management/Budget Analyst Date Transportation Services Transportation Engineering and Construction 4/25/2006 3:37 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4/25/20064:02 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 4/26/20068:12 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 4/26/2006 9:34 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/2006 9:54 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20062:12 PM Approved By Leo E. OChs, Jr, Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20063:22 PM Agenda Item No. 1681 May g, 2006 Page 3 of 22 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day of , 20-, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Christopher Realty (hereinafter the "GROUP"), whose address is 365 Capri Blvd. Isles of Capri, Florida 34120. 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 Capri Boulevard from the Capri Water Tower to The end of Capri Boulevard (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 Agenda Item No. 16B 1 May g, 2006 Page 4 of 22 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 ~umber 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. '} ~-_._.._...._--~_._---"-,._,- Agenda Item No, 16B1 May g, 2006 Page 5 of 22 .. . .. 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, Le., to remove large, heavy or hazardous items. S. 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 cl~ loss, damage, cost, charge or expense arising out of any act, actio~ 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. '1 . . Agenda Item No. 16B 1 May g, 2006 Page 6 of 22 , . 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. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Frank Halas, Chairman Deputy Clerk GROUP Christopher Realty By: "~~~1/ dame (print): .....1 L ,.::'. I 0 C. U 1M ~ '~ Title (print): \:,y;:;cS ID€N\ jDv.:> ~c~ Phone # (day): ;::1 ?:><\ .). i 'i : .:). ~7 \' Phone # (night): .:)...~.., r 6..} S- - c.. '{ ~ ( Approved as to form and legal s ciency: Jeffrey A. Assistant C , ~~~.___.-.%:rr'_.--"""""""" ..1 Agenda Item No. 1681 May g, 2006 Page 7 of 22 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day of , 20 , by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Stoney's Citrus Farms (hereinafter the "GROUP"), whose address is 20671 Fruitful Drive, Estero, Florida 33928. WITNESSETH: \VHEREAS, 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 ~1IEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Airport-Pulling Road (East Side) from J&C Blvd. to Vanderbilt Beach Road (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 eno~gh 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 hannless agreement provided by the COUNTY, and attend a Agenda Item No. 1681 May g, 2006 Page 8 of 22 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. ') Agenda Item No. 16B1 May g, 2006 Page g of 22 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: 1bis 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. 1bis 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, actio~ 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. '2 . ...,..__."",..~"_~~,,,,,,..., ,,",.""""'K'''''"''';'''~'''"''''''~"''.''''''''-'''-'-'-''''''~,,,.,,,,,-,.."..,~.",.,.-,-,,. . Agenda Item No. 1681 May g, 2006 Page 10 of 22 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. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk: Frank Halas, Chairman GROUP: Stoney's Citrus Farms By: Name (print): I( G{(/irJ /I/(ttJ {[ r Title (print): 'pRCC;lo<!,.r; t' Cc-o Phone # (day):' 39 - 'IT5-CtfVG Phone # (night): ). '37 <5 YC- 3 <: I.( 7 - CELL. Klatzkow ounty Attorney I A Agenda Item No. 1681 May g, 2006 Page 11 of 22 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions TIns COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day of , 20-, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Laura Faustino, Century 21 (hereinafter the "GROUP"), whose address is 1032 Orange Ct. Naples, Florida 34120. 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 Immokalee Road from Woodcrest Road to Rock Road (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 Agenda Item No. 1681 May g, 2006 Page 12 of 22 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. Pi ck 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 f1J.ed 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. '") Agenda Item No, 1681 May g, 2006 Page 13 of 22 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 lmder 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. "1 Agenda Item No. 1681 May 9,2006 Page 14 of 22 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. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Frank Halas, Chairman GROUP:~~21~ By: Lc:L(.(;-~ r .,L ~ //;'d Name (print): .La~ re:- r-,p-~J~'-?l:J Title (print): t7? t'.-? I ;. 0 ~ Phone#(day):c:>]39 gC),/Il' " 7 Phone # (night): K ~( c;) (; ~ 7 Approved as to form and leg1 su c' eney: II " Agenda Item No. 16B1 May g, 2006 Page 15 of 22 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day of , 20_, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Anchor Health Centers (hereinafter the "GROUP"), whose address is 800 Goodlette-Frank Road North #250, Naples, Florida 34102. 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 Orange Blossom Drive from Airport Pulling Road to Livingston Road (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 r-" Agenda Item No. 1681 May g, 2006 Page 16 of 22 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. to. 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. ") .."----.______'..."_M._."~_"'.__..__._~_"'__;...._____,__,__.~..._._,_ Agenda Item No. 1681 May g, 2006 Page 17 of 22 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, Le., 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. '1 Agenda Item No. 1681 May 9, 2006 Page 18 of 22 E. NO ASSIGNMENT: lIDs 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. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Frank Halas, Chairman chor Health Centers ~ ame(print): C~(,>rj F\. Pb...scr-.5 Title (print): - Phone # (day): .;J3Q - l.oL\-~ -Cb'\'-0 . Phone # (night): ~a:\. \.01..\3- glJ ~ I By: Approved as to form and Ie'. al.suffi. c' ncy: _..____.. '1/ .. ...-. .... ~ " " , .... ~ l J A Agenda Item No, 1681 May g, 2006 Page 19 of 22 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this _ day of , 20-, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, VaDe Professional Services (hereinafter the "GROUP"), whose address is 50 21st Street N.W., Naples, Florida 34120. 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 Randall Blvd. from Immokalee Road to 16th Street N.E. (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 Agenda Item No. 1681 May g, 2006 Page 20 of 22 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. ") Agenda Item No. 16B1 May 9, 2006 Page 21 of 22 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 circwnstances, 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 directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. '). ~ Agenda Item No. 16B1 May g, 2006 Page 22 of 22 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 v.ritten above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Frank: Halas, Chairman GROUP: Valle Professional Services Name Title (print): Phone # (day): Phone # (night): By: Approved as to form and lekal suffic'ency: . r A ----. ---, . Agenda Item No, 1682 May g, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a declaration setting aside county-owned lands for road right- of-way, drainage and utility facilities. Project #60016 (Fiscal impact: $18.50) OBJECTIVE: To establish for the public record that certain lands owned by Collier County shall hereinafter be put to certain specific public uses (roadway, drainage and utility facilities). CONSIDERATIONS: Additional right-of-way is required along the east side of Livingston Road, south of Golden Gate Parkway, in order to construct an additional right turn lane. Collier County is the owner of the land located at the southeast corner of the Livingston Road and Golden Gate Parkway intersection. This land is presently being used as a storm water retention and treatment pond. The attached sketch and description shows the proposed right-of-way required for these improvements. This Declaration is to be recorded in the public records as constructive notice to all that the subject property is being put to the uses as described. FISCAL IMPACT: Funds in the amount of$18.50 (recording fees) will be paid from gas taxes. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATIONS: Recommendation that the Board of County Commissioners: 1. Approve the attached Declaration and authorize its Chairman to execute same on behalf of the Board; and 2. Authorize staff to record same in the public records of Collier County, Florida. Prepared by: Claudia L. Plesha, Property Acquisition Specialist, TECM-ROW Attachments: (1) Declaration; (2) Sketch and description of property. Agenda Item No. 16B2 May 9,2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1682 Meeting Date: Recommendation to approve a declaration setting aside county-owned lands for road right- of-way, drainage and utility facilities. (Fiscal impact: $18.50) 5/9/20069:00:00 AM Prepared By Claudia Plesha Property Acquisition Specialist Date Transportation Services TECM-ROW 4/25/20069:57:58 AM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4/25/2006 1 :39 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/26/2006 8:24 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 4/26/2006 11 :21 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 4/26/20063:24 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4/26/2006 5:37 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 4/27/20068:32 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20069:08 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/2006 3:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/20062:41 PM Approved By Agenda Item No. 1682 May 9, 2006 Page 3 of 5 Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 511/20065:10 PM Agenda Item No. 1 82 May 9, 2 06 Page 4 f 5 PROJECT: 60061 FOLIO: 38100280006 Prepared b1: Ellen T. Ch.~ll, Es..~re Office of the COlIlItl AttorMJ 3301 East T..iaai Trail Naples, Florida 34112 (941) 77 4-8400 DECLARATION THIS DECLARATION is made this day of , 20_, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property situated in Collier County, Florida, a portion of which Declarant desires to set aside and reserve in perpetuity for right-of-way, drainage and utility purposes, said portion more particularly described as follows (and hereinafter referred to as the "Property"): See attached Exhibit "A" which is incorporated herein by reference. NOW THEREFORE, Declarant does hereby set aside and specifically reserves the Property for construction and maintenance of roadway, sidewalk, bike path, drainage and utility facilities, including the installation of overhead and/or underground electrical transmission and distribution facilities, and overhead and/or underground telephone, fiber-optic and cable television facilities. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Frank Halas, Chairman I Deputy Clerk Approved as to form and legal sufficiency: h/h ~{iIJ,~n~ Ellen T. 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'" _ lilg o..~ o_t~I.1O') a.tOi :; ~'I i. !U I e f i!!" ~s;l;C ~tl;l .g ; J! .!l ~'1 ;1:1 "J~5 ~ ~~ If!"!~ .:d ~E~lj ~ aglih ::3 r:g ~~~!~ o l:l:l "iil'S :!li Sit.J ,gPj :..:. & I ..... _ ~8 ::::::::: ~ ~ ! 8 o N '0 o 10 ~ . . =..--. i;1f.!! 0 0< 8 g' ""0 II) U .""",J " - . '" --.- .... :-.... -;:- -" ...;..-.. "- - - ' ....:- <' ,.. -- / , - Iii. VlO ~a: lS~ ~l5 ::EVl o~ ~~ .....~ Ow wo:: 50 <z < ~f!? l5ffi ! 0:: ~ o ~ o en ~ ::Ii en 0: o ~ "Vl ~ffi WZ ~~ ~Q. . iE en 1II Vl ~ 5! 1II...J 0::< <~ ~m 6~ t50:: <a.. 0: >- ij EXECUTIVE SUMMARY Agenda Item No, 1683 May g, 2006 Page 1 of 6 Recommendation to award Bid #06-3967 Davis Boulevard (SR 84) Phase I (US 41 East to Airport Pulling) landscape installation to Vila and Son Landscaping Corporation with a base amount of $136,684.10 and 10% contingency of $13,668.41 for a total of $150,352.51. OBJECTIVE: To recommend the landscape installation on Davis Boulevard Phase r (US 41 East to Airport Pulling) award to Vila and Son Landscaping Corporation. CONSIDERATIONS: 1. On March 21, 2006, the Purchasing Department sent notices to 116 vendors for the landscaping installation of bid #06-3967 Davis Boulevard (SR 84) Phase r (US 41 East to Airport Pulling). There were 6 packages requested for this bid. 2. On March 30, 2006, a non-mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. 3. On April 10, 2006, bids were received and opened. Staff reviewed the unit pricing on the bid tab. Vila and Son Landscaping Corporation submitted the lowest, qualified bid. "..- 4. Collier County would like to award Section 1. General Project Items: Items 2,3 in the amount of $1 0,900; Section II. Site Demolition, Preparation, and Disposal: 1. Stump Removal, 2. Site preparation, ground plant removal, 3. Transplant existing palms and 5. Transplant of existing crepe myrtles in the amount of $19,706.30; Section III Installed Site Materials: Items I, 2, 3: in the amount of $30,973.75; Section IV Plant Material: Items 1-11 in the amount of $67,456.05 and Section V. Irrigation Materials: Item 1 in the amount of $7,648.00. The total award amount is $136,684.10. FISCAL IMPACT: The total award amount needed to open a purchase order with Vila and Son Landscaping Corporation is $136,684.10 and 10% contingency of $13,668.41 for a total of $150,352.51. County costs connected with this project include right-of-way permitting ($600) and right-of-way lane usage fees ($2,500). Sufficient budget exists in the Davis Boulevard Phase I, Landscape Fund (112), Project Number 620121 in the amount of $146,439.00 and in the Davis Boulevard Phase II Refurbishment, Fund 112, Project Number 60098 in the amount of$7,013.51 to complete this project and cover all county costs. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. - RECOMMENDATION: That the Board award Bid #06-3967 Davis Boulevard (SR 84) Phase r (US 41 East to Airport Pulling) median landscape installation to Vila and Son Agenda Item No. 1683 May 9, 2006 Page 2 of 6 Landscaping Corporation and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared by: Pamela Lulich, RLA, ASLA, Project Manager, Alternative Transportation Modes Attachments: (l) Bid Tabulation; (2) Bid Tabulation Revised Agenda Item No, 1683 May 9, 2006 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16B3 Recommendation to award Bid #06-3967 Davis Boulevard (SR 84) Phase I (US 41 East to Airport Pulling) landscape installation to Vila and Son Landscaping Corporation with a base amount of $136,684.10 and 10% contingency of $13,668.41 for a total of $150,352.51. 5/9/2006 9:00:00 AM Item Number: Item Summary: Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 4/17/20069:47:50 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 4/17/20069:47 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 4/17/200610:22 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4/17/200611:28 AM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 4/17/2006 11 :49 AM Approved By Bob Petersen Project Manager Date Transportation Services Alternative Transportation Modes 4/17/20063:30 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/18/20062:06 PM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 4/26/20062:34 PM Approved By Norm e, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4/2712006 9:37 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4/27/200610:21 AM Approved By Pat Lehnhard Executive Secreta ry Date C'? <.0 @lD '" fQ.,g~ -0 Ur- loS cD )Ul .~ L dlg. ~ Z >-.~ '; E ~J:~ ~ OJ":::: g> .:!::::: ~ ro a. '"0 C a.l OJ <{ 8888 gggg N"lIItll)'t"" ...: ~ ~.. c:i. ls ...J u~ ~o .. ... III ... c .::I...88g :qg g g c:i Ul (,J "! .... 51 oII...~!2 .l!z >:::1...... E:o'!t...",.... 0> c :; " a. t: o e- <l: oJ C ...J -:.~ g'o 'is. I- .. " Ul ... C .. ...J ... .. Ul ;;0 c (,J ~~ :::I 888 ggg "Clt)~~ as a6 11)'" o Z .. .. .. 88 '000 iii:i\~ 016 z :; (f) 2- ti .. '0- 0: C .2 iU r-~"'" ~&~ ~~~ Q~~ m~~ .. 0. l'l Ul ... C Cll ...J 5l Cll .<= a. 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J: U ~ c: ~ o 15 ~ c: t: " o U ~ " c ~ i '" '" c '" c. o ~ " -c '" '" "> '" 0: Agenda Item No. 1684 May g, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment for a Work Order to PH&A, Inc. to provide Professional Services for the West Eustis Ave. Stormwater Improvements in Immokalee in the amount of $80,000. OBJECTIVE: To approve a Budget Amendment to provide the funds for Professional Services for the West Eustis Ave. Stormwater Improvements in Immokalee in the amount of$80,000.00. CONSIDERATION: The County has received drainage complaints regarding poor drainage conditions in the West Eustis Ave. Area in Immokalee. To address the conditions Stormwater has asked and received a Proposal from a Design Professional (PH&A Inc.) to provide a Design and Services During Construction Tasks for the West Eustis Ave. Stormwater Improvements for an approximate cost of $78,500.00 plus a $1,500 contingency for a total of $80,000. The Project was not funded for FY 05/06 and would require BCC approval of a Budget Amendment to transfer funds from the Countywide Swale Improvement Project. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: A budget amendment is need to transfer funds in the amount of $80,000 from the County Wide Swale Improvement Project to the West Eustis Ave. Stormwater Improvement Project within the Stormwater Capital Budget Fund 325. RECOMMENDATION: That the Board of County Commissioners approve the necessary Budget Amendment for the Design Professional for FY 05/06. Prepared By: Val Prince, Project Manager, Stormwater Management Department ! Agenda Item No. 1684 May 9,2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B4 Meeting Date: Recommendation to approve a Budget Amendment for a Work Order to PH&A, Inc. to provide Professional Services for the West Eustis Ave. Stormwater Improvements in Immokalee in the amount of $80,000. 5/9/20069:00:00 AM Prepared By Val Prince Project Manager Date Transportation Services Stormwater Management 4/25/20068:46:49 AM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Storm water Management 4/25/20065:05 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 4/26/2006 2:13 PM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 4/26/2006 2:49 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4/26/2006 5:36 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 4/27/20062:18 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20064:29 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/2006 5:33 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/20062:52 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/1/2006 5:13 PM Agenda Item No. 16C1 May 9,2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve Change Order 3 to Contract 05-3766R with Douglas N. Higgins, Inc. for the construction of a Pigging Station for Immokalee Road 30-inch Force Main in the amount of $12,142.71. Project 73943. OBJECTIVE: The public purpose is to improve the reliability of the lmmokalee Road 30-inch Force Main by building a Pigging Station that will allow for periodic cleaning of sediments and deposits. This will avoid build-ups that may lead to sewer plugging and overflows and interrupt user's service. CONSIDERATIONS: On May 24, 2005, Agenda Item 16 (C) 14, the Board approved the award of a contract to Douglas N. Higgins, Inc. in the amount of $643,500.00 for construction of a Pigging Station for lmmokalee Road 30-inch Force Main. The scope of the original work for this project includes furnishing and installing the Pigging Station and all the piping and valving necessary to launch the pig and introduce it into the 30-inch Force Main. It is consistent with the 2003 Wastewater Master Plan adopted by The Board of County Commissioners on May 25, 2004, item 10 C. ...-- In accordance with purchasing policy, two change orders, totaling $56,180.00 which is less than ten percent of the Board approved contract amount, have been approved administratively. This third change order causes the total amount of change orders to exceed ten percent and therefore, requires Board approval. Change Order 3 is necessary because excavation to install the underground pigging station structure exposed four previously unknown and unmarked utility cables. Over the following three week period, it was determined that the three Sprint cables were no longer in service and that the one Comcast cable was active and it was relocated. Staff recommends approval of Change Order 3 to reimburse the contractor in the total amount of $12,142.71 for his rental costs incurred during this three week period for maintenance of traffic (MOT), shoring, and a sheet pile driver. Summary of Change Orders (CO) AMOUNT Original Contract $643,500.00 CO 1. Pig launcher material price increase. $3,160.00 CO 2. Relocate conflicting raw water main. $53,020.00 CO 3. Three weeks MOT, shoring, and pile driver rentals. $12,142.71 Revised Contract $711,822.71 DAYS 200 o 14 -21 235 -" 1 Agenda Item No. 16C 1 May g, 2006 Page 2 of 11 FISCAL IMPACT: Funds in the amount of$12,142.71 are available in Project 73943 _ Pigging Station for Immokalee Road 30-inch Force Main. Source of funds is Wastewater User Fees (414). This project is consistent with the 2006 Fiscal Year Capital Improvement Budget approved by the Board of County Commissioners on September 22, 2005. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives and Policies ofthe Collier County Growth Management Plan. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex-officio governing board for the Collier County Water-Sewer District; approve and authorize the County Manager or his designee to execute Change Order 3 to Contract 05- 3766R - Pigging Station for lmmokalee Road 30-inch Force Main. PREPARED BY: Ronald F. Dillard, P.E. Senior Project Manager Public Utilities Engineering Department 2 Item Number: Item Summary: Meeting Date: Agenda Item No. 16C1 May 9,2006 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Recommendation to approve Change Order 3 to Contract 05-3766R with Douglas N. Higgins, Inc. for the construction of a Pigging Station for Immokalee Road 30-inch Force Main in the amount of $12,142.71. Project 73943. 5/9/2006 9:00:00 AM Prepared By Ronald F. Dillard, P.E. Public Utilities Senior Project Manager Date Public Utilities Engineering 4/6/20068:14:50 AM Approved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 4/6/20062:14 PM Approved By William D. Mullin, PE Public Utilities Principal Project Manager Date Public Utilities Engineering 4/10/2006 11 :22 AM Approved By Lyn Wood Administrative Services Purchasing Agent Date Purchasing 4/14/20068:06 AM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/14/20068:50 AM Approved By Roy B. Anderson, P.E, Public Utilities Public Utilities Engineering Director Date Public Utilities Engineering 4/14/20061:21 PM Approved By G. George Yilmaz Public Utilities Interim WasteWater Director Date WasteWater 4/14/2006 1 :56 PM Approved By James W. Delony Public Utilities Public Utilities Administrator Date Public Utilities Administration 4/24/2006 11 :35 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/26/2006 8:33 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 4/28/2006 11 :50 AM Approved By Michael Smykowski Management & Budget Director Date Agenda Item No. 16C1 May 9, 2006 Page 4 of 11 County Manager's Office Office of Management & Budget 5f1/2006 12:21 PM Approved By Leo E. Ochs. Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5f1f2006 5:19 PM Agenda Item No. 16C 1 Date:. 3/29/06 E-Mailed To Bonnie: 'lit: Project Name: Pigging Station for lmmokalee Road 30" Force Main Project Number: 73943 BIDIRFP #: 05-3766R To BCC on 519/06: do not put OD admin. repOrt. Mod#: 3 PO#: 4500047966 Work Order Number: Contractor/Consultant: .D. N. Higgins, Inc. Original Contract Amount: $ 643,500,00 (Starting Point) Current BCC Approved Amount: $ 643,500.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 699,680.00 (Including All Changes Prior To This Modification) Change Amount: $ 12,142.71 Rcviscd ContractIWork Order Amount: $ 711,822.71 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract!Work Order: L68,322.7l Percentage Of The Change Over/Under Current Contract Amount: _10.62 % Overview of change: To pay contractor for an additional 3 weeks of maintenance of traffic and shoring materials and an additional 2 weeks of sheet He driver while utility conflicts ere resolved; to add 21 days to COntract time. Contract Specialist: ),1 . 3 .- ;A?'- ()b Scanned Date: Data Entry Information: Type of Change: Contract Project Manager: Ron Dillard Department: PUED Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Scanned copies of the back up documentation may be /ocatedon the Purchasing G drive: G:/Current-Changes to Contracts Revised 7/11/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16C1 May 9, 2006 Page 6 of 11 PROJECT NAME: Pigging Station for Immokalee Road 30-inch Force Main PROJECT #: 73943 BID/RFP #: 05-3766R MOD #: ~ POI: 4500047966 WORK ORDER #: _DEPARTMENT: PUED Original Contract Amount: $ 643.500.00 (Starting Point) Current BCC Approved Amount: $ 643.500.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 699.680.00 (Including All Changes Prior To This Modification) Change Amount: $ 12.142.71 $ 711.822.71 (Including This Change Order) Revised Contract/W ork Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: $ 68.322.71 Date of Last BCC Approval Mav 24, 2005 Agenda Item # 16-C-14 Percentage of the change over/under current contract amount 10.62 % total. (1.89% this cham:Je). Formula: {Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE {S):ORIGINAL: 6-5-06 CURRENT: 7-10-06 SUMMARY OF PROPOSED CHANGE (S): Rental of maintenance of traffic (MOT) and shoring materials for an additional three weeks and a sheet pie driver for an additional two weeks while utility conflicts were resolved. JUSTIFICATION FOR CHANGE (S): Unforeseen conditions. Four unknown underground utility cables were found to be in conflict with the pigging station structure. It took three weeks to determine ownership and to relocate one cable and determine that the other three were out of service. PARTIES CONTACTED REGARDING THE CHANGE: Contractor. PUED Proiect Manaoer. Wastewater and PUED Directors. and Purchasino Department. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) -X- Proposed change is consistent with the scope of the existing agreement -X- Proposed change is in fact an addition or deletion to the existing scope -X- Change is being implemented in a manner consistent with the existing agreement -X- The appropriate parties have been consulted regarding the change -X- Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Date: March 22. 2006 Date: 3/ dJ/Db , Revised 4/25/2005 i .... CHANGE ORDER Agenda Item No. 16C1 May 9, 2006 Page 7 of 11 TO: Douglas N. Higgins, Inc, 2887 Tarniami Trail East, Suite 1 Naples, Florida 34112 FROM: Collier County Government 3301 East Tarniami Trail, Bldg. H Naples, Florida 34112 Project Name: Pigging Station for Immokalee Road 30-inch Force Main Contract Dated: May 24, 2005 Contract No.: 05-3766R Change Order No.: 3 Date: March 22, 2006 Change Order Description: Unforeseen conditions of four underground utility cables conflicting with the Pigging Station structure resulted in a delay of three weeks while the conflicts were resolved. This required the rental of maintenance of traffic (MOT) and shoring materials for an additional three weeks and a sheet pile driver for an additional two weeks, The costs were: 1. MOT, 21 days @ $134.51 per day = $2,824.71 2. Shoring, 21 days @ $158.00 per day = $3,318.00 3. Driver, 2 weeks @ $3,000.00 per week = $6.000.00 TOTAL: $12,142,71 Original agreement amount ..........................................................,... $643,500,00 Sum of previous change orders amount ........................................... $56,180.00 This Change Order Amount .............................................................. $12,142.71 Revised Agreement Amount............"...................,.........,...........,....... $711,822.71 Original contract time in calendar days ............................................200 Adjusted number of calendar days due to previous change orders ...' 14 This change order adjusted time is ..................................................... 21 Revised Contract Time in calendar days........................................... 235 Original Notice to Proceed date .........................................................11-17-05 Completion date based on original contract time........................ 6-5-06 Revised completion date..................,........................................... 7-10-06 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ';;e".,~LI. r+., y; 1Il..u:.d Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department Accept;;r~ ---.,. Brandy'L. Bartolone, Regional Manager Douglas N. Higgins, Inc. cv) Date: ~-;l.:z-06 Date: ? - ~ ] - <J (. Reviewed by: Date: 3-;Zg-(JC Authorized by: .-. George Yilmaz, Wastewater Director . . Date: Approved by: Date: Roy B. Anderson, P.E., Director Public Utilities Engineering Department (For Use by Owner: Fund: 414 Cost Center: 263614 Object Code: 763100 Project No.: 739431) . Agenda Item No. 16C1 May 9,2006 Page 8 of 11 INVOICE lIB ~i~.fn;l~("''j~l;=I'W FORT MYERS 3100 N W 7TH AVENUE MIAMI, FL 33127 Invoice Number: RI1051825 Invoice Date: 02128/06 Page: 1 Terms Net 30 Days Bill To: D.N. HIGGINS 2887 TAMIAMI TRAIL EAST NAPLES, FL 33962 Ship To: BRANDY IMMOKALEEE RD @ US 41 Customer 10 C420322 Due Date 03/30106 P.O. Number 930-05 Our Order No. R01021525 Location Name FORT MYERS SalesPerson Ft Myers Items Rented Item f Description Date Transaction Quantity Description Net Qty. Unit Price RenU From I Thru No. Of Total Price Rented Period Pds ABC102-74-1 Barricade ( II, VP) Ot/30/06 Delivery 10.00 Svc Tkl II 013006 10.00 0.38per Day 3.80 01130106 02125106 27 102.60 ABC102-74.-2 Barricade (III) 01/30/06 Delivery 1.00 Svc Tkl 1/ 013006 1.00 0.65per Day 0,65 01130108 02/25106 27 17.55 ABC102-80 Rasher Type A 01/30106 Delivery 2.00 SvcTl<I#013006 2.00 0.35per Day 0.70 01130106 02/25106 27 18.90 ABC102-77 High Intensity Light TypeS 01/30/06 Delivery 10.00 Svc Tkt, 013006 10,00 O.SOper Day 8.00 01130106 02/25106 27 216.00 ABC102-79 Steady Bum Type C 01/30100 Delivery 15.00 Svc Tklll 013008 15.00 0.35per Day 5.25 01130106 02125106 27 141.75 ABC999-20 Barrier Wall 01130106 Delivery 35.00 SvcTkl#013006 35.00 3.l0per Day 27 2.929.50 .." I"-v ~'7)~ .' ?-:1 ,-. - JohU Material: Subcontractor: Rentals: Gas & Oil: Equip. Maint.: Trans. 11aint.: Tot.. I $: 750-0 ~-' fa o 10 D D ...' . l/;~1"/ ,.p Ab ~_ $~.a1 ~)1.q(j. . ;;1>--\ f' * .,~ ~r /Jflyr . /O~/ .Q.+X,.<fq / 0 ..JJ./tr I Subtotal: Sales Tax: Total: 3,426.30 205.58 3,631,88 lU El'1J3/11 /200S .. II.. . . II'- It ::a 10:51 FAX }RENCH SHORING PLEAse S~RVICES ~~:::CNT --=-5"..iando TO: Agenda Item No, 16C1 .. HAPLES FL ld.Ma:)t ,9:)<W06 "Page 9 of 11 ..-' !RH~lMu~{b O RJiM@. O~ ~ Invoicll It I 7.2905 l.N.J \!J ~ 1.5 Customer f 7373 Data 01 h\volce '212012006 407-240-7040 4745 Bakers FlUry Road SW, Allanta. GA 30336 Telephone: 404-505-0510 Fm 407~240-704:a PROmPTPA VIlfE!\n"DISCCJIJNTAU.OWED If P,1ymel/l If:. tkc~ij)lJd No LIlrer 'fm/n :I.2.2,D$ Federal 10 Number . ll4-13f.l!lS6S ^:{o'~db"ie~'~~Y;;. Br.lOdy ..II... '.I~'~' r:'Jr.1 "'jl'u...,,:t Rd. 1 '~.1.,1"j;cc;nlon I US 41 &:. ImmokaJeo .. Nap es ~/t""""'~'f'.. 61-/ ) ." r" ',...J ./ ...... J/' Douglll!l N. Higgins Inc. 3390 Travis Poinre R.d. S\liteA Ann Archer MI 48108 Date Out: 113012006 Oat.c In: 113012006 To: Ul812006 ~;f;t~ ,'t!r~ J:....,....t.&"!;~'I(!l: 'Zl~i,...'m U1Y ..fan 1 or.. 1 MHF.12 to SPS-l!l2 g SPI! Delfyer)' 12' High Mimhole Frnrrio 16' Long.Sprel\ders 30' Long Be:un$ ^ 4: "",fe t~ .-/ '/) .-. ...- I I J ~./ I ()f1 I _1'\ ' I v \ .c, \ <:..., D '" I "\ft.\ J A. .. ,,,- \ nPl../'?'...... I/~),.. \ __.k" 07/ ~.... ./ .(j / / I""'t \ V -.......... , /~ "1. ~ ./ < 1\" (4ol\'\ j.l--/ \))\ '--...--""'" ... _~ " -I" ./.(1 ~ \,,\1 II loA' ....).. \ \ '\ >)' '" vr _ ~'ti::'li\I.':1r..Ji;\ n II ... U (r".J.~ '.;;:;J"''''''' LI I~] _. . d I!III ..~ EXRF.fESS' o . Master Carel and Visa are Welcome Payment Options " . .;.....; .1 ,L';!,l:ilJ!nClartl Rent.11 HUlefI reaCh. '_._"....,..!!'l:~~' ~.J''-~.!:J'omP\.l:'ay.nIBCount.Rate.!l.'''I.~"U'.,; .;f\~}..lrl1.~fl.ff~ i -.. .' ... ""}-'l;-'~.'.(I'''\''fJfL<rt';'''d.. t . J~""'."'.' ..... ..!'\t,l f.. ...... .t-.~ ."-'^.-~I~~\~~~l Qty' ~.sDaY:~OtY';~~~$Wk :11QtYi'~MIt11~#';;SAmo' n $Day~~,$Wk';r iIl1$MlI):r~?i%!~moun 1 50 500.0 SO(] 500:0 121 60 1 181 1,815.01) S5 HiS /1.650.0 7 3 q 1 11 I.J 60.0 7 35 105 I 1,0:;0.0 IS 94 I 281 :\,248.0 17 85 2SS '\ 2.040.0 -r .. ....,,~ cb . vi/'", .,,1/ "I V .......t'" l , JJ. ilVl '0 ~ - :) " \ ,.... /. .. ~ A-1l ( I I..... . I..... _ 1 1_, ,~ ....;. r -==.. IU -/ L" _I-- .U ~ I---~ ,0 D ,,,."'. :..1. ..J'-"f ...J1 '\of' . ~ -v -( Vt7 I enUIIK. ~.?'- as lll. UII: ~ qmp. Malnl. }i /...;; ") I raos. Mllinc. I1P 1);.0 Cllol $: ....-A I -- \ ~}{k-~ "~~ :g~r ~:"(g liOU ~fi.\ r2 ~.",.... J ~7 1/ "\ - Sub Total Sales Tax TOTAL DUE SS.723.0C 6.0000% I $34.3.38 $6,066.38 S5.240.0ll $314.40 $5.554.40 .. .. . . ;: . . , , .' ;: II . . . 'Comments PLEASE PA Y FROM THIS INVOfCE. 1Th~] NO STATEMENT WfLL BE SENT. '" Agenda Item No. 16C1 May g, 2006 Page 10 of 11 I . i 3/17/2006 MCKENNA INDUSTRIES, INC 2887 TAMIAMI TRAIL EAST, SUITE 1 NAPLES, FL 34112 BILLED TO~ DOUGLAS N. HIGGINS, INC. 3390 TRAVIS POINTE RD, SUITE A ANN ARBOR, M/48108 MOVAX DRIVER/EXTRACTOR 1 DO-TON CAPACITY FROM 2/20/06 TO 3/19/06 4 WEEKS @ $3,000.OOIWEEK ... ~ 6~ 6r- "A I- )/(1 S> - ./ C> \,,>SO ,- . a SO .~ I ~ JQ>b.~O TO M at erial~ . 0 . "2;, l Sllbcontractor. (] q p.entals~ 0 GaS &. Oil: 0 'ft Ma\nt.~ 0 Bqu11" . 'Trans. Ma\nlo. . . .'Tot\!.\ $: =----- \ v--t \- \'K y../ ~~ S ~ S ~o:::) ~ t 0" :;:..--- ,$. C1\ 1000,___ "-W. \~ ~ ~") oCP' ) \"t TOTAL AMOUNT: $12,000.00 .ft '\ S (J _ c> ~.-: J {).. f ( ~ 6 (.......CS '>-r~ n C\ I') - G l-{. r-r r ~ D......\.\ ~~~c; . . . >~ '\ ~ 'S 0 'Q :l.L.- I ~ S-~ -+c. (" /"'r ~~ ../- --------~ t"\ -- r $; ')... \,j...J ~S . 6~ '1 ~., ~\ :) :> I '"'.:) ':;.~\ ~ ':"\ "L,t_~./ ~ ...... <7- ,-lJ... ~ J. " '-"" 'j\ ;".." e.. rr.s ...- (0 ..- UO"..- to-- T ') c.. ,- Z >-0,) ECllO) Q):2 ro == Cl. CtI "0 C Q) ~ .. C"') - ..". C1 ~ ,,''''' . .. c~"_"'''''''_ ;.',,,,;~""" .",_.", ~,'''-'''' en C') C"') .. - ..... co C1 c . C N 0 N .. - Z C1 - .... .. (.) - Q) C1 "0' 't - ... C1 a. _,'W."'_ ,- '"''''- .. "'''-''''''-'' ~. ... " ,..,," <<' c :.~.. ......... C') - .. - n:s .... C1 :!:: c C N C. N .. n:s .... a c u >- .... .... .. - C1 't - C1 .......,... -,.' ',' ",,'~._"'-", ,.,,'t_.,,~ ~ .'''''''''''''''''''''.. ",-,',", C') .. u:l - C C1 C N C N .. - ns C1 :E .... .. .. - (1) C1 Co) 't ... 0 - u. C1 'dP "N_U. -""""'"'' ..,.,.,' ""...-"'''' ..Ifl_,~";'" ~ M (:) .. I.n - C"') c C1 C N "C N .. ~ I.n - C C1 - (1) >- .... I ~ .... .. - ns C1 ~ ..". 0 .. - E C1 ., <-,"'", -'.....,,-"'....... .,,..-,,,,,,,,, '"'",-, "'-"""", E M .. ..". - ... c C1 .E c N N .. - c C1 0 .... ;:; .. - ns C1 - en 0) - 0 M 0 M C 0 N 0 N en 0 00 00. ,- 0 0 0 ..... .,.: 0 ... ... ..... .... 0) (.) .... .... M Ul .~ .... ... ... 00 ... ... ... D- , . ,~ Q) c E 0 .... .. c "e n:s I- :!!i 0 c ia Z Z N ... 0 .... w ~ " cu :e c 0 - (lj cr cu Q. 0 I- (.) U III " ~ :e t Q) 0( :::I c ... 01 .... cu '0' 'CI 'CI III cu 'iij Q, '0' c c C III ... cu 0 a. Ia Ia C ... ...I ...I Q U Jool Q. Agenda Item No. 16C2 May g, 2006 Page 1 of g EXECUTIVE SUMMARY Recommendation to authorize a Budget Amendment in the amount of $60,000 for the construction and systems programming relating to the South Collier Water Reclamation Facility SCADA Reliability Improvements, Project 72514. OBJECTIVE: The public purpose is to improve reliability, promote efficiency and meet regulatory compliance by modifying and enhancing the SCADA (Supervisory Control And Data Acquisition) System at the South Collier Water Reclamation Facility (SCWRF). A dependable and accurate process control system at this facility is required to stay in compliance with state and federal guidelines. CONSIDERA TIONS: The SCWRF recently completed an Expansion Phase to increase its treatment capacity to 16 MGD (Million-Gallons-a-Day). With this Expansion came several modifications and enhancements to the previous SCADA system. Although the process control systems incorporated within the Expansion project extended the operational capabilities, County Staff identified architectural improvements to the SCADA backbone that could be made to further eliminate the possibility of catastrophic network failure and to further enhance the system control capabilities, operational decision-making, and overall treatment process efficiency. As a result of advancing technologies within the SCADA industry that were unforeseen at the time of the original Expansion design, an incremental level of improvement was sought. Staff identified this work addition in late 2003, as the construction phase of the Expansion work was approaching its completion. Due to unsuccessful negotiations with the General Contractor to incorporate the work under the Expansion, and because of the disruptive possible effects of bringing more construction to the SCWRF as the Expansion project was reaching completion, Staff planned to pursue this work independently, as an important component of Facility Continuous Improvement, rather than as a change in scope to the existing Expansion work. Accordingly, a new project was established during the Budget process in April 2004. The Project budget requested and approved was for $100,000. Further, the 2003 Wastewater Master Plan Update, as adopted by the Board on May 25, 2004 as Agenda Item 10 C, also identified the needed, requested and approved Capital Improvement Project, #72514 SCWRF SCADA Architecture Reliability Improvements. On October 17, 2005, subsequent to the approval of Work Order HAS-FT -3681-05-01 authorized under Fixed Term Contract #05-3681, Hazen & Sawyer, P.C. was issued a Notice to Proceed to commence Engineering Services for Project 72514 SCWRF - SCADA Architecture Reliability Improvements. The full complement of engineering services as offered by Hazen & Sawyer associated with this project -- including system study, design, and construction-phase services - was procured for a Not-to-Exceed cost of $21,120.00 under this Work Order Agreement. These Engineering Services will fulfill all requirements to complete the project. On January 19, 2006, Hazen & Sawyer issued a Technical Memorandum report titled "PLC Communication Network Reliability Improvements." Upon review of design considerations offered in this report, County Staff elected to pursue a design that includes fiber optic cable installation, PLC component additions, network configuration improvements, and miscellaneous architectural backbone modifications. A major benefit of Hazen & Sawyer's design is improved network reliability, which prevents catastrophic loss of automated plant process control systems. With systems loss prevention, plant staff can concentrate on enhancing their operational efficiencies. Executive Summary Approve BA SCWRF SCADA Reliability Improvements Page 2 Agenda Item No. 16C2 May 9, 2006 Page 2 of g Subsequent to site visits and scope-of-work clarification meetings, County solicited installation quotations under County Fixed Term Contract #04-3580 "On-Call Electrical Repairs and New Installation." On March 23, 2006, the installation quote from E.B. Simmonds Electrical (approved vendor under this Contract), with an installation price offering of $117,660.00, was received. A copy of the Simmonds proposal (2 pages) is attached. The quote was scrutinized by Public Utilities Engineering leadership and Hazen & Sawyer. Upon examination, it was jointly deemed by the Project Manager and Hazen & Sawyer that the fees offered in the quote are fair and reasonable. Hazen & Sawyer recommends acceptance of the Simmonds proposal with County approval of a Purchase Order for this work. A copy of Hazen & Sawyer's recommendation letter is also attached. Under the terms of Contract 04-3580, quotations with negotiated valuation up to $200,000.00 may be accepted and processed for approval. With sufficient funds, the County Project Manager intends to procure Purchase Order Agreement with E.B. Simmonds for this work. This request is to increase the project budget through Budget Amendment so that the project can be carried through to completion. The budget amendment is necessary to allocate additional funds for fulfillment of this Project. With Engineering Fees to Hazen and Sawyer procured in the amount of $2 1,120; a proposed construction cost of $117,660; and an additional services project contingency allocation (to account for the uncertainty and unforeseen complications associated with underground construction); the total Project budget is requested to be increased to $160,000. A tabulation of the total cost breakdown is attached. In the aforementioned Hazen & Sawyer recommendation letter, these costs are referenced and recommended for the increase. The Budget Amendment form is also attached. FISCAL IMPACT: Funds in the amount of $1 00,000 were originally established for the budget of Project 72514 South Collier Water Reclamation Facility - SCADA Reliability Improvements. A Budget Amendment is needed to transfer funds in the amount of $60,000 from Project 73964 Wastewater Facilities SCADA Network Improvements to Project 72514. This Budget Amendment is solicited to cover all costs that are anticipated for Project 72514. With approval of this Budget Amendment, the necessary funds are available for this project in the Sewer Capital Fund 414, Project 72514 SCWRF Facility SCADA Reliability Improvements. Original project funding was most recently approved by the Board on September 22, 2005. The proposed scope of work is consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 C. GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve the necessary Budget Amendment in the amount of $60,000.00 to appropriate funds for Project completion. PREPARED BY: Dennis McGee, P.E., Instrumentation/SCADA Manager, PUED Agenda Item No. 16C2 May 9, 2006 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16C2 Recommendation to authorize a Budget Amendment in the amount of $60,000 for the construction and systems programming relating to the South Collier Water Reclamation Facility SCADA Reliability Improvements, Project 72514. 5/9/20069:00:00 AM Item Number: Item Summary: Prepared By Dennis McGee Project Manager Date Public Utilities Public Utilities Engineering 4/7/20064:49:50 PM Approved By Karen B. Guliani, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 4/13/20064:28 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/13/20064:49 PM Approved By G. George Yilmaz Interim WasteWater Director Date Public Utilities WasteWater 4/14/2006 1 :57 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 4/17/200612:15PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/19/200611:17 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/24/2006 11 :35 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/2006 8:39 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/2006 1 :49 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/2/2006 2:03 PM Approved By James V. Mudd County Manager Date Agenda Item No. 16C2 May 9, 2006 Page 4 of 9 Board of County Commissioners County Manager's Office 5/2/2006 4:49 PM Environmental Engineers & Scientists P. U.E. D. Agenda Item No. 16C2 May g, 2006 Page 5 of g Hazen and Sawyer, PC, 2101 Corporate Boulevard Boca Raton, FL 33431 561 997.B070 Fax: 561 997-8159 HAzEN AND SAWYER March 31, 2006 '06 MAR 30 fit,'Il: 47 Dennis McGee, P.E, COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 Tamiami Trail East Building H, Third Floor Naples, Florida 34112 Evaluation of Contractor Quote for Construction SCWRF SCADA Reliabilitv ImDrovements Dear Dennis: We have reviewed the quotation from E. B. Simmonds Electrical, Inc. dated March 23, 2006 received by the Collier County Public Utilities Engineering Department for the above referenced project. This quotation has been analyzed and compared to the Engineer's Technical Memorandum dated January 19, 2006; meeting notes and minutes from March 15 meeting with E.B. Simmonds and ACT, and other miscellaneous correspondence. Based on our examination of the pricing and provisions included by E. B. Simmonds and their listed sub-contractor, ACT, Hazen & Sawyer acknowledges that Simmonds' proposal fulfills the required scope-of-work (for Alternative No.2) as outlined within the Technical Memorandum, Further, we believe that the pricing offered ($117,660) is fair and reasonable. It is noted that the Engineer's Estimate for Alternative No.2 was $140,000. It is noted that Hazen & Sawyer's fees for Engineering Services (already procured) is $21,120, In addition to the preceding project costs (Hazen & Sawyer's fees and the proposed construction costs), we recommend an additional project contingency budget of $21,220 to address unforeseen conditions in the existing facility as well as any enhancements that may be requested by the County, E. B. Simmonds Electrical, Inc. has constructed several County projects, and we understand this experience has been positive. Hazen & Sawyer recommends approval of a Purchase Order to E. B. Simmonds for $117,660.00 for the installation work, If you have any questions, please let me know. Very truly yours, ~\HAZEN AND SAWYER, P.C. : '- \dO:- . nth~~o " -'L Project Management ~ c: Lyn Wood, Collier County Purchasing 41010.010-3.1.2 0:41010.010LO02 New York. NY' Armonk. NY' Woodbury. NY' Upper Saddle River NJ' Oetroit. MI . Raleioh. NC' Charlotte. NC . Fairfax VA' Hollytwood. FL' Boca Raton. FL' Fort Pierce. FL . Gainesville. FL' r.arasota. FL' MiamI. FL Agenda Item No. 16C2 May 9,2006 Page 6 of 9 Funding and Cost Summary, Project 72514 - SCWRF SCADA Reliability Improvements Existing Funds available, Project 72514 Engr. Services, WO #HAS-FT-368 1-05-01 (prev. procured) Associated Costs to be procured Construction/Installation Services - Complete Additional Services Contingencies Budget Amendment Needs Amount Added to Project 72514 Budget per this BA Totals Submitted By: Dennis McGee, P.E. Project Manager, Public Utilities Engineering Department $100,000 $ 60.000 $ 1 60,000 ($ 21,120) ($117,660) ($ 21,220) ($160,000) 63/22/26a5 64:16 239-643-6873 E B SIMMONDS ELEC PAGE a1 Agenda Item No, 16C2 May 9,2006 Page 7 of g tj €. B. ~IMMOND) 4406EXCI'IangeAve"". ~05 N:IpIes, Floridll 3-d 1 04-7024 Etectr'cal. Inc. Pl'lantl {'2.3.9)643-277(1 Fax (239)643--6873 sTReet UGH'TtttQ . \J11UTlES - Qf:NEftATOM INDUSTRIAL ANO COMMeRCIAL Estimate IUUl Coll1ract TO: Collier Couoly Gavemmc:nt Public Utilities EDginccring Department Naples. FL 34112 Phone: (239) 530-5347 Cdl: 877.8286 Fax: (239) 53o-S31S Attention: Demlis McGee- Mard123, 2006 Quote #Q061 0824 ~ We'ha:eby submit spe:ciiicaticms and t&tinUlttS for: ~ Co1lllty SCWD PLC aetwork apgnde. F\ttDisb and install conduits aod fibc:r fot rcdondant 1lClv<<Jrk upandc as outliacd UDder A ltP.n1l1ti:vc N2. T edmical Memorandum: CoocIuit, Dber" CODlWldol"s. MC $53,950.00 Materials and wor:k sbQwn 011 page 2 $63.710.00 Total Matcria14 Labor $117.660.00 Note; Invoice will be bll3e au time and nuttcn.l aod win be itemized per AmnIa) CCilDtractnal tCt eoa:eed ablwc price. Payment to be ma& as follows: UpoIl S'IIbaIittaI oC'Draw l1.equest .It is the n:sponsibili.ty of the purch.uer1owDet to provJdc.tdeqwlt& ICClCSS to the job site. If during the oaunc oCthe ,iob it bcoomel; t\CICCSS8l)' to lraVCl'Se sidewalb, driwways. grass or sod. flower:beds. sprinklers, etc. EVCIy eftOrt wi11 be JJ'ladc to avoid my damage. Should breaks occur as a direct result of our machinery, repairs may be mede at 8ddi.tional CO$t to Ihc owner. All material ud in this (l(JJItraCl is ~ to be lIS ~ and the CI1tire job is to be done in . neat aDd ~~a1 mJllDC(. Any altI:nli<X1 or deviatim from 1he ~ lacm arecL upt'Ill mvol'Yistg CXIn QOSt oflabor and IIIIIIlaiaJ will be e:xecutod upon either 8 writtea at ~ o.rdeT for 5ame, JtDd wiD become m c:xInI dlarF over the sum mcotioned in this 00l1tnId. Pt8'cbuer qrees to PRY irrterest _ofl 1/2%.......... _....__.c 18%. "lhc_l"J"D"'lis""'~. P ~. """p",oII _... expmK$ of collection iDch1diDg interes'l and attorneys fees.. Estimate i! valid fur thirty days. Siped by ACCEPTANCE OF ESTIMATE The ~g tcmJs. specfficatioas aud ccnditiaDs Ire salmact.ory, and the same are hereby ~ and agra:d to. IIDd hereby lDltbori.%Jc you to ex:ecute the same. Date Signed by . 63/22/2666 64:15 239-643-6873 E B SIMMONDS ELEC PAGE 62 . <407_67S_20sigenda Item No. 16C2 May grZ~ Page 8 of 9 Mar c3 06 04;21p AMERICAN COMPUTER TECHNOLOGIES ~ Arw.: _. Bernie SImmonds . Victor Smeenk 407-875-1188 x314 - OtllPAN": IIATE: E.8. Simmonds Electric MAR. 23, 2006 FAX, PAGES: 239-643-6873 2 hit: Collier County SCWRF PLC NETWORK UPGRADE Proposal 1-..... Scope: Thfs proposal covers the materials and work necessary under Alternative No.2 of the Technical Memorandum - PLC Communicatlon Hetwork Reliability EnhafM.ements datA!d Jan. 19, 2006 by Hazen 8: Sawyer, and dfscussed at a meeting on Mar. 15,2006. Spedfically. this proposal covers the following items; ,. Qty (10) Allen-Bradley 1785-ENET Ethernet modules. one module per PL.C ptus one spare 2. Qty (6) Sixnet ET.9RS-4ST-E1 lndustria~ Ethemet ring switch - one switch to be mounted 1n each of the following cabinets: PlC.1, PLC-2, PLC.3, PLC-4, PLC-7, and one spare 3. Fiber Optic Jumpe~ to connect the Ethernet swftches to the fiber inten:a1nE!Ct centers (as needed) 4. Cat-Sf cables to connect the 1785-ENET modules and the HMt servers to the Et:het"ne'l s'N\tdles (as needed) 5. 24VOC power suppUes to power the Ethernet switches (lIS needed) 6. Qty (1) Atten-Bradley 1184-PCMK programmi"l interface card for laptop computer 7. Qty (1) AUen-Bradley 17M-PONt cab\e 8. All necessary labor and programming to move modules at 6 of the PlCs to make room for the new 1785-ENET modules 9. Ffber Optfc Cable testf"l priOfto 1785-ENET module and Ethernet switch installation 10. Al\ necessary labor to mstaU ttle 1785-ENEr roodules, Ett"\em@tswitc:he$, power ~lies and cables 11. All necessary PlC and HMI configuration and programming to convert from OH+ netWOrk to Ethernet. 12. Documentation and AS-BUILT drawings of the new Ethernet network Th\s proposal expects that the fol\ow\rli items wilt be covered by E.B. Simmonds El!!c:trical~ Inc.: 1. Supply and lnstaUation of new fiber optic cable 2. F\~r optic cable terminations arid test1ng J. Fiber optic cable interconnect ("'.enters in the PLC cabinets, as needed ~"~~ ' The proposed schedule: 1. Submittals for the work can be prepared within 1 weeks after a Notice to Proceed isrecP.ived. 2. Moving the modules for PLC-1, PLC-2, PLC.6, PLC-7, PLC-8, and PLC.9 will be c;lcnI! indivtdually and coordinated with plant personna to minimize any disruption to the plant. 3. Installation of the Ethernet switches can occur at any time prior to the installation of the 1785-ENET modules 4. The installation of the 1785.ENET mcxtules. win be done similarly to Item 2 aboVe. - ~l.NQnWIlY . Sllitc1~ . Maillaoo.~1I8327S1 407.875.1188 .. llOO.Acr.7185 .. Fllr407$7S.2DS8 N(.OO'l UO- w-o , 1) c.. JJ Z ;>. OJ EClltf 22 ro "0 c (l) Ol <( "l:t or- an N ~ o z - (,) CD '0' ... a.. - n:! :t::: 0- n:! U co o o N co o >- .... J!l c Q) E Q) > o ... Q. E ~ :s .!2 a; c::: Q) ... ::I - (.) ~ J:: (.) ... <( <( C <( U Cf) LL 0::: ~ U rJ) -0 o >- .... Q) E ns Z - (.) Q) '0' ... D.. ... 5'lt en o o N ,.~""'_" ,_ u_u HH'__' U _u ~.. M ... 5 N ... 5 ..- ... <5 'It ... <5 M ... 5 N ... .... o """",..""""",.." ,"......' ......-"..'''''.''''' ....._..,........ ..,.......-"" -^",....,...."".. ..- ... <5 "! 5 _, ,_eo' ,,.,," ._ ... "' ",,_ m " " . .. - ", ~",,- M ... 5 N ... <5 .... o o N CD o o N Il) o o N .... III o (.) I- Z LU Gj ..- ... <5 'It ... .... o _,,__ "", .", ., M ... 5 N ... <5 ..- ... <5 'It ... <5 ..- ... <5 . H *"._ C> C> C> N 00 0 00 C> 0 C> C> "': ... 0 ... ... .... ... <'l CD N .... .... ... ... ... . c ,~ t;! ~ 0._ C ;; C dl .- - .- 0 :t:l C > .~ Nell '-OU~ ::s ......5 E;; C Q) 8' 3l~ ~~&g < ::::IQ)>~r..cla "C "C.5 ~ iii ti ;; 3: c ceIl~UCCO la l\lC::S>OO= ...I ...IWlI)lI)UU< C o :e Q) CI. III C .... iii ., o l- ts Q) .~ o r.. A. Agenda Item No. 16C3 May g, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid Number 06-3921 for the purchase or anhydrous ammonia for use by the Water Department in the estimated annual amount of $100,000 to Tanner Industries, Incorporated. OBJECTIVE: To obtain Board of County Commissioners approval for the award of Bid Number 06-3921, Anhydrous Ammonia, to Tanner Industries, Incorporated. CONSIDERATIONS: On November 18,2005, Bid Number 06-3921 - Anhydrous Ammonia was posted. Three bid packages were sent out and one bidder submitted a price as requested. The Water Department utilizes this chemical to treat the water in order to meet all State and Federal requirements. FISCAL IMPACT: The actual amount to be expended will depend on consumer demands on the potable water system, but the cost is estimated to be $100,000 annually. The cost centers that will be utilizing this bid include the South County Regional Water Treatment Plant and North County Regional Water Treatment Plant. Funds are available in County Water/Sewer Fund (408), which is funded through user fees. ,....-.. GROWTH MANAGEMENT IMPACT: There is no growth management impact to the award of this bid. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water-Sewer District, award Bid 06-3921 Anhydrous Ammonia to Tanner Industries, Incorporated. PREPARED BY: Pamela Libby - Water Operations Manager - Agenda Item No. 16C3 May 9,2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C3 Recommendation to award Bid Number 06-3921 for the purchase of anhydrous ammonia for use by the Water Department in the estimated annual amount of $100,000 to Tanner Industries, Incorporated. Meeting Date: . 5/9/2006 9:00:00 AM Prepared By Pamela Libby Water Operations Manager Date Public Utilities Water 4/15/20061 :22:47 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4/15/20061:22 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4/17/2006 11 :29 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/18/20062:04 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/18/20062:43 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/24/2006 4:26 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/26/2006 4:59 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20064:10 PM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20064:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/20062:29 PM Approved By Leo E. Ochs, Jr, Deputy County Manager Date Agenda Item No. 16C3 May 9, 2006 Page 3 of 4 Board of County Commissioners County Manager's Office 5/1/20064:23 PM ("') <.0 ~ ..- U04l .. .;;o....c:j 0 '"0 "<t 0,) 'i'~ z>- u ro 0,) E~ C/) cr:: .$ 0,) C/) - u'"O {g ~ ii5 c z- (l) 0 OJ -.... -A' 0 0,) ...... 0.0 Z E ::::I Z .92 ro s: 0,) ro o ...: 0,) en C .... C/) 0> ~~ ~u O,).~ > 0 0,) .... (j)o.. c) C C'll .....J 0,) > 0,) (j) .!!1 CL!) 00 Eo EN ~c:o C/)..- 6 -> .... 0 ~Z -20, ~ .!; C .,.... 0,) No.. ~O cb:Q oCO C/) 0 0 (l) C! C! .;:: 0 "..- iii :Q 0) :J I"- C/) '"0 CO >- E 0 C'll 0 ... .... Z 0 Q) C 0,) (V) C ~ (j) C'll 0 ~ ~ f- CO Z Q) ,!!! .:.:: :0 c t: t: C'll C'll 0 l'lI .!:1 .... - .... c E iii 0.. ::::I C'll E 0.. () E en C/) ro C C/) <( 0 E ~ ..c 0 C/) 0 .... ~ 0 (5 ::::l O~ 0,) '"0 -, 0 ... .... I- 0,) "E >- ... Q) > 0,) -g '"C ... C 'W 0,) C t: Q) Q. 0,) u 0>1:: J:: E 0,) <( :J t: >- Q) .... 0 U >- <( (J C'll E 0> () :a: ';: 0.. c t: Q. :J '00 iJi .... 0 0. '0 N '"C In 0 Q) C C'll C/) en c: .... I- tIl E 0,) ..c 0,) M U C I E ... ... l'lI 0'0 ... - CD Q) Q) Q) ....'"0 :J ~ 0 m Q.. Q.. ...J 0.. ~ a.. Agenda Item No. 16C4 May g, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the sole source purchase of cartridge filters from the George S. Edwards Company in the estimated amount of $900,000. OBJECTIVE: To obtain Board approval for a sole source purchase of Cuno cartridge filters from the George S. Edwards Company Incorporated for use at the North County Regional Water Treatment Plant (NCRWTP) and South County Regional Water Treatment Plant (SCRWTP). CONSIDERA TIONS: A. Public Purpose: The public purpose of the approval to allow a sole source purchase of cartridge filters from the George S. Edwards Company will be to ensure the reliability of the NCRWTP and SCRWTP to produce water at full capacity to meet the water demands of our customers. B. Scope: The scope of this project includes the purchase of cartridge filters. The NCRWTP and SCRWTP utilize cartridge filtration as a pretreatment to the membrane filtration and reverse osmosis filtration processes. This critical process serves to protect the membrane filters from particulate matter contained in the feed water stream. Over the last ten years, various cartridge filters from other manufacturers have been field tested at the NCR WTP. This testing has demonstrated that other brands of cartridge filters have caused process related problems. ,..-..., The primary difference between the different brands of filters is the varying density throughout the filter. Other brands of filters allow particulate matter to penetrate the filter and get trapped below the surface. While utilizing filters from other manufacturers, the NCRWTP experienced particulate bypass resulting in the plugging or fouling of the membrane filters. The Cuno filters that have been in service at the NCR WTP have demonstrated that they maintain the same density throughout the filter. This allows particulate matter to collect on the surface of the filter, thereby reducing the risk of bypass. Additionally, other brands of filters have a tendency to flex or bend due to normal fluctuations in feed water pressure. This condition results in bypass of particulate matter at the ends of the filters. The Cuno filters have a greater density, thereby reducing the risk of bypass as a result of flexing or bending. The Cuno filters have proven to be a reliable product in maintaining a consistent treatment process at the NCRWTP. The sole distributor for the State of Florida is George S. Edwards Company. C. Legal, Purchasing, and/or Finance Department Guidance: The Purchasing Department has reviewed and approves the recommendation to select George S. Edwards as a sole source provider of the cartridge filters for the NCRWTP and SCRWTP. FISCAL IMPACT: .-.. Funds in the amount of $900,000 are available in the County Water/Sewer Operating Fund (408). The source offunds is Water User Fees. Executive Summary George S. Edwards Sole Source Page 2 Agenda Item No. 16C4 May g, 2006 Page 2 of 7 GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth management. RECOMMENDA TIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, grant approval for a sole source purchase of Cuno Betapure cartridge filters from the George S. Edwards Company Incorporated for use at the North County Regional Water Treatment Plant (NCRWTP) and South County Regional Water Treatment Plant (SCR WTP). PREPARED BY: Pamela Libby, Water Operations Manager Agenda Item No. 16C4 May 9,2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C4 Meeting Date: Recommendation to approve the sole source purchase of cartridge filters from the George S. Edwards Company in the estimated amount of $900,000. 5/9/2006 9:00:00 AM Prepared By Pamela Libby Water Operations Manager Date Public Utilities Water 4/12/200612:00:56 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4/12/200612:01 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4/14/2006 11 :42 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/17/200611 :02 AM Approved By Paul Matlausch Water Director Date Public Utilities Water 4/18/20062:29 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/19/20068:14 AM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/24/2006 11: 35 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/2006 8:48 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/26/20064:16 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/27/20068:25 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Agenda Item No. 16C4 May 9, 2006 Page 4 of 7 Board of County Commissioners County Manager's Office 4/28/20064:12 PM Agenda Item No. 16C4 __.~.~ ~06 -'ilf7 Filter Systems CUNO INCORPORATED 400 Research Parkway Meriden, CT 06450, U,S.A Tele: (203) 237-5541,800-243-6894 Fax: (203) 238-8977, (203) 238-8716 April 12, 2006 Mr. Howard Brogdon Collier County Utilities P.O, Box 413016 Naples, FL 34112 Dear Mr. Brogdon: Cuno Incorporated manufactures a wide variety of filter housings and media suitable for municipal, commercial and industrial applications. Please note that Cuno Inc. has designated the George S. Edwards Company to be the sole authorized distributor for our filter products in the state of Florida. Sincerely, Pete 11/z'lSon Senior Sales Specialist cc: R. Evans (GSECO) P. Maronna (GSECO) M. Nickerson (Cuno) D. Willoughby (Cuno) Agenda Item No. 16C4 May g, 2006 Page 6 of 7 THE GEORGE S. EDWARDS COMPANY POBox 1000 Saginaw, AL 35137 Phone: 205-620-3000 Fax: 205-620-3030 E-mail: ronbrasher{tV.esedwards.net DATE: 3-22-2006 TO: Collier County Utilities A TTN: Jim Foster E-MAIL: jimfoster@colliergov.net FROM: Ron Brasher for Paul Maronna TOTAL PAGES: 1 RE: Cuno Quote# GSE032206RB Mr. Lang: Per your request of Paul Maronna, we offer the following quotation. 960 Each Cuno AU40BllFD standard 2-5/8"OD X 40" Betapure cartridge (64 cartons of 15 pieces each) Price each: Delivery: $ 22.60 About 4 weeks ARO Prices are quoted FOB shipping point with full freight allowance except in rush situations. Standard terms are net 30 days. Please call if we can help. Ron Brasher Agenda Item No. 16C4 May g, 2006 Page 7 of 7 The George S. Edwards Co 154 Airpark Industrial Road Alabaster, AL 35007 Phone: (205) 620-3000 Fax: (205) 620-3030 ronbrasher@gsedwards.net TO: Collier County Utilities ATTN: Howard Brogdon E-MAIL: howardbroadon@collieraov.net Phone: 239-352-7014 FROM: Ron Brasher for Paul Maronna DATE: April 12, 2006 PAGE 1 OF 1 QUOTE NO.: TZ1234 Revision 1 LOCATION: North Plant APPLICATION: Pre-RO For the upcoming order, we will hold the same price as we provided at the end of last year. We are viewing this order, and subsequent usage, as a continuation of the Poly-Klean trials at Collier County. PIN: SK32301-02 MODEL: Poly-KLEAN DESIGN: 5 micron nominal, single open end, 40", 2-1/2" diameter max, polypropylene media, uR" spring. QUANTITY LIST PRICE EACH 7000 $11,00 each for test price This quote will be good for 60 days Price includes delivery to customer. DELIVERY: 1 0 weeks after receipt of order or signed approval drawing, Agenda Item No. 16C5 May g, 2006 Page 1 of 14 Executive SUmmary Recommendation to award Work Order BE-FT-3785-06-04 with Boyle Engineering Corporation, for professional services for the Henderson Creek Potable Water System Rehabilitation in the amount of $180,280 - Project Number 71010. OBJECTIVE: To obtain Board approval for Work Order BE-FT -3785-06-04 with Boyle Engineering in the amount of $180,280 for the potable water system rehabilitation of Henderson Creek. CONSIDERATION: On May 25, 2004, as Agenda Item 10 (D), the Board of County Commissioners (the "Board") adopted the 2003 Water Master Plan Update, which identified a project for the rehabilitation of potable water systems throughout the Water District that were not up to current standards. The Water Department has reviewed record drawings and failure history on all potable water systems throughout the Water District and has identified the Henderson Creek area as a critical area that has a higher than average number of failures that is not constructed to the current Collier County utility standards. ,..-..... This scope provides for the design of a whole new water distribution network to service the Henderson Creek area, which is home to over 800 customers. The scope of this work order also includes assistance during the bid phase and construction oversight after a contractor is selected to perform the necessary work. Staff has negotiated scope and fees that are fair, reasonable, and commensurate with engineering services for wellfield reliability, improvement and expansion as outlined in Fixed Annual Term Contract #05-3785. FISCAL IMPACT: Funding is available in and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations are identified in the User Fee Fund (412) System Rehabilitation Project Number 71010. GROWTH MANAGEMENT IMP ACT: The request has no impact on the project meeting the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order BE-FT-3785-06-04 to Boyle Engineering Corporation in the amount of$180,280. ,...-..., Agenda Item No. 16C5 May g, 2006 Page 2 of 14 Executive Summary Work Order BE-FT-3785-05 Approval Page 2 2. Authorize the Chairman to sign the standard Work Order after approval by the County Attorney's Office. PREPARED BY: Pamela Libby, Water Operations Manager, Water Department ,""''''', COLLIER COUNTY Agenda Item No. 16C5 May 9,2006 Page 3 of 14 BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C5 Recommendation to award Work Order BE-FT -3785-06-04 with Boyle Engineering Corporation, for professional services for the Henderson Creek Potable Water System Rehabilitation in the amount of $180,280 - Project Number 71010, 51912006 9:00:00 AM Meeting Date: Prepared By Pamela Libby Water Operations Manager Date Public Utilities Water 4/131200610:24:13 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4/13/200610:24 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 4/14/20068:01 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/171200611:12AM Approved By Paul Mattausch Water Director Date Public Utilities Water 4118120062:37 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4121/200612:28 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 412412006 11 :36 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4126/2006 8:51 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/20061:59 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 51212006 4:01 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Agenda Item No. 16C5 May 9,2006 Page 4 of 14 Board of County Commissioners County Manager's Office 5/2/2006 5:40 PM WORK ORDER # BE-FT -3785-06-04 Agenda Item No. 16C5 May g, 2006 Page 5 of 14 Agreement for Fixed Term Utility Engineering Services Dated September 27, 2005 (Contract #05-3785) This Work Order is for professional engineering services for work known as: Henderson Creek Subdivision Water Distribution System Improvements. The purpose of the project is to upgrade the current substandard potable water distribution system to current standards, incl uding providing fire protection for this area. The work is specified in the proposal dated April 3, 2006, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above Work Order #BE-FT-3785-06-04 is assigned to Boyle Engineering Corporation. Schedule of Work: Complete work within 370 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "G" of the Agreement). Task 1 Topographic and Existing Conditions Survey Task 2 Preliminary (30%) Design Task 3 Construction Permitting Task 4 Prepare 60% Contract Documents Task 5 Prepare 90% contract Documents Task 6 Prepare Bid Ready Contract Documents Task 7 Bid Phase Services Task 8 Construction Phase Basic Services Task 9 Construction Phase RPR Services $39,880 Lump Sum 22,680 Lump Sum 2,700 Lump Sum 17,990 Lump Sum ]0,020 Lump Sum 5,690 Lump Sum 4,190 T&M (NTE) 25,930 T&M (NTE) 5],200 T&M (NTE) TOT AL FEE $180,280 Any change within monetary authority of this Work Order made subsequent to final Department approval will be considered an additional service and charged according to Schedule "G" of the Agreement. PREPARED BY: Pamela Libby, Water Operations Manager Date AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY: Roy B Anderson, PE Engineering Director Date Approved as to Form and Legal Sufficiency: County Attorney's Office ACCEPTED BY Witnesses (2) Date: By: Boyle Engineering Corporation Robert H Garland, PE Managing Engineer Fund: 412 CC: 2735 I I GfL Account: 63] 400 Project Number: 71010 '''..'---..... Agenda Item No. 16C5 May g, 2006 Page 6 of 14 STAFFING and COST PROPOSAL No.4 to AGREEMENT for PROFESSIONAL SERVICES between Collier County and Boyle Engineering Corporation Henderson Creek Subdivision Water Distribution System Improvements THIS DOCUMENT is STAFFING COST PROPOSAL No.4 to Contract 05-3785 Fixed Term Utility Engineering Services, executed between Collier County Board of County Commissioners (COUNTY) and Boyle Engineering Corporation (CONSULTANT) dated September 27,2005 (hereafter called "Agreement"). A.BACKGROUND The COUNTY and CONSULTANT have entered into an Agreement to provide professional engineering services in connection with COUNTY's water, wastewater, and solid waste public utilities. The Agreement provides for specific services to be performed on the basis of a Work Order supported by a proposal prepared by the CONSULTANT and approved by the COUNTY. Professional services are authorized on receipt of an executed Work Order and Notice-to-Proceed. B. DESCRIPTION OF ASSIGNMENT Residents of the Henderson Creek Subdivision receive water from Collier County Utilities via 3-inch waterlines that are fed from a 6-inch water main that is connected to a 1 O-inch water main on Manatee Road. Attachment 1 to this proposal shows the Henderson Creek Subdivision project area. The COUNTY desires to improve the Henderson Creek Subdivision water distribution system by replacing existing 3-inch waterlines with larger diameter mains, and looping the system via a connection to a new 12-inch water main at the intersection of US 41 and Henderson Drive. The new 12-inch water main to be constructed on US 41 is not part of the Project. Additionally, the Project includes new fire hydrants, customer service connections, other appurtenant work, and site restoration. COUNTY has informed CONSUL T ANT that waterlines now located in the rear of lots will be relocated to easements to be acquired at the front of lots and adjacent to Henderson Creek Subdivision access roads. COUNTY has requested CONSULTANT to provide professional services to design the required improvements. CONSULTANT services will include a topographic and existing conditions survey by subconsultant under contract to CONSULTANT, preliminary design, final design, permitting, bid phase, and construction phase services. CONSULTANT will prepare bid and construction documents consisting of drawings and technical specifications for improvements. Design will be in accordance with Co llier County Utilities Standards Manual. During construction, CONSULTANT will provide resident project representative (RPR) services. 4/12/2006 Agenda Item No. 16C5 May g, 2006 Page 7 of 14 C. SCOPE OF SERVICES CONSULTANT will perform the following services: TASK GROUP 1 - TOPOGRAPHIC AND EXISTING CONDITIONS SURVEY I . Prepare survey scope and coordinate with subconsuItant. 2. Topographic and existing conditions survey by subconsuItant (Rhodes & Rhodes Land Surveying, Inc.). 3. Incorporate survey into design base sheets. TASK GROUP 2 - PRELIMINARY (30%) DESIGN 1. Meet with COUNTY staff and confirm scope of potable waterline replacement at Henderson Creek Subdivision. Obtain reports and record drawings of the existing system. Confirm Project objectives. 2. Prepare preliminary layout of new potable water distribution system for Henderson Creek Subdivision showing water main size and alignment, system connection and flushing points, fire hydrant locations. Preliminary layout will be shown on most recent aerial images available from Collier County Appraiser at 1"=100' scale. 3. Submit letter and 30% plan sheets to utility companies that may have utilities in the Project area. 4. Follow-up coordination with utility companies. 5. Incorporate utility company mark ups into utility plan sheets. 6. Perform hydraulic and water quality modeling of Henderson Creek Subdivision potable water distribution system in accordance with Collier County Utilities Standards Manual. 7. Prepare an estimate of probable cost using vendor supplied quotations and available information. 8. Prepare a technical memorandum providing recommendations for improvements to meet the objectives of the Project. 9. Prepare for and attend preliminary design review meeting with COUNTY staff, prepare and distribute minutes of meeting. 10. Finalize technical memorandum and preliminary layout of new potable water distribution system based on comments received from COUNTY staff. TASK GROUP 3 - CONSTRUCTION PERMITTING 1. Prepare FDEP/Collier County Health Department Water Permit Application based on preliminary design. 2. Respond to RFI. 4/12/2006 2 Agenda Item No. 16C5 May 9,2006 Page 8 of 14 TASK GROUP 4 - PREPARE 60% CONTRACT DOCUMENTS 1. Prepare utility improvements plan and profile base sheets using survey performed by CONSULT ANT's subconsuItant, incorporate COUNTY - provided GIS, utility data. (21 plan and profile sheets at 1 "=20' on 22 x 34 sheets anticipated) 2. Meet with COUNTY Engineering & Operations staff in field to verify existing conditions and planned improvements. 3. Conduct follow-up field investigations of existing conditions. 4. Prepare 60% Contract Drawings, anticipated to include: a. Cover Sheet! Location Map b. Legend, General Notes, Sheet Index c. Key Sheet d. Utility improvements plan sheets (up to 21 sheets anticipated) e. Typical Utility Cross-sections (l sheet) f. Project Specific Details (2 sheets) g. COUNTY Standard Details (2 sheets) h. COUNTY Standard Traffic Control Notes & Details (2 sheets) 5. Prepare opinion of probable construction cost. 6. Prepare 60% Contract Technical Specifications, anticipated to include: a. Division 00 - Bid Form, General & Supplementary Conditions, etc. b. Division 01 - General Requirements c. Division 02 - Existing Conditions d. Division 09 - Finishes e. Division 31 - Earthwork f. Division 32 - Exterior Improvements g. Division 33 - Utilities h. Division 40 - Process Integration 7. Prepare for and attend 60% review meeting with COUNTY staff, prepare and distribute minutes of meeting. TASK GROUP 5- PREPARE 90% CONTRACT DOCUMENTS 1. Prepare 90% Contract Drawings. 2. Prepare opinion of probable construction cost. 3. Prepare 90% Contract Project Manual. 4. Prepare for and attend 90% review meeting with COUNTY staff, prepare and distribute minutes of meeting. 4/12/2006 3 Agenda Item No. 16C5 May g, 2006 Page g of 14 TASK GROUP 6 - PREPARE BID READY CONTRACT DOCUMENTS 1. Prepare 100% Contract Drawings. 2. Prepare opinion of probable construction cost. 3. Prepare 100% Contract Project Manual. 4. Prepare for and attend 100% review meeting with COUNTY staff, prepare and distribute minutes of meeting. 5. Address review comments, assemble and deliver Bid Ready Contract Documents. TASK GROUP 7 - BID PHASE SERVICES 1. Prepare responses to questions from prospective bidders for use by COUNTY in preparing addenda. 2. Attend pre-bid meeting / assistance with preparation of meeting minutes. 3. Assist COUNTY with review of bids and check of Contractor references. TASK GROUP 8 - CONSTRUCTION PHASE BASIC SERVICES 1. Attend pre-construction meeting and assist COUNTY with the preparation of meeting minutes. 2. Attend monthly construction progress meetings and prepare meeting minutes. 3. Visit the site of the proposed improvements and visually observe the construction areas designated on the construction plans in cooperation with COUNTY's utility staff. 4. Receive, review, and process submittals from Contractor. 5. Prepare responses to Contractor Requests for Information (RFI). 6. Assist COUNTY with review of progress payments. 7. Assist COUNTY with management of proposed Changes to the Work by preparing requests for proposed changes (RPCs), evaluating and responding to Contractor claims, preparing contract change orders. 8. Assist COUNTY with the following services related to Contract Closeout: a. Perform Substantial Completion walk through and develop final punch list. b. Prepare a "Certification of Construction Completion and request for a Letter of Clearance" for submittal to FDEP after the new valve assemblies have been constructed, flushed, pressure tested, and disinfected per FDEP requirements. c. Perform Final Completion walk through. d. Assist with review of the Final Pay Request. e. Prepare signed and sealed as-constructed (record) plans from information provided by the 4/12/2006 4 Agenda Item No, 16C5 May 9,2006 Page 10 of 14 Contractor required for project certifications. TASK GROUP 9 - CONSTRUCTION PHASE RPR SERVICES CONSULT ANT will provide a Resident Project Representative (RPR) who will visit the project site daily and perform the following services: 1. Review materials and workmanship of the Project and report to the COUNTY any deviations from the Contract Documents that may come to the CONSULTANT's attention; determine the acceptability of work and materials; and make recommendation to the COUNTY to reject items not meeting the requirements of the Contract Documents. 2. Recommend to the COUNTY in writing that the work, or designated portions thereof, be stopped temporarily by COUNTY if, in the CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. If the COUNTY elects to stop the work, the CONSULTANT will assist in determining whether or not the work is in general conformance with the requirements of the Contract Documents. 3. Require that any work that is covered up without being properly observed be uncovered for examination and restored at Contractor's expense if deemed appropriate by the CONSULTANT. 4. Prepare daily, weekly, and monthly construction progress reports in a format acceptable to the COUNTY. 5. Maintain field notes and field construction photographs. 6. Maintain appropriate field records to document actual or potential disputes or claims, with respect to construction of the Project. 7. Observe operations or performance testing and report findings to the COUNTY. It is also anticipated, during certain construction activities and when construction occurs in sensitive areas, additional manpower may be needed to adequately monitor the work. CONSULTANT shall inform COUNTY of need for additional manpower. CONSULTANT shall provide additional services as mutually agreed to and authorized by COUNTY. D. DELlVERABLES The following deliverables are anticipated: 1. Four (4) sets of drawings and technical specifications for review by COUNTY. (Electronic versions ofthis information can be provided on request.) 2. Two (2) sets of signed and sealed FINAL drawings, technical specifications and documents for COUNTY's use in procuring and constructing the Project. 4/12/2006 5 Agenda Item No. 16C5 May 9,2006 Page 11 of 14 3. Electronic versions of technical specifications and engineering drawings for COUNTY's use in preparing bid or quotation documents. 4. Five (5) copies of a public water system permitting package including permit applications, exhibits, and plans for submittal to Collier County HRS. 5. Four (4) sets signed and sealed record drawings, two (2) sets to be submitted to Collier County HRS with the Engineer's certification, and two (2) sets provided to the COUNTY. E. SCHEDULE The services described herein will commence upon receipt by the CONSULTANT of Notice- to-Proceed and executed Work Order from the COUNTY. Table No. 1- Schedule TASK SCHEDULED COMPLETION DATE Assumed Notice to Proceed Date 5/1 0/06 TASK GROUP 1 - TOPOGRAPHIC AND EXISTING 7/17/06 CONDITIONS SURVEY TASK GROUP 2 - PRELIMINARY (30%) DESIGN 6/18/06 TASK GROUP 3 - CONSTRUCTION PERMITTING 7/18/06 TASK GROUP 4 - PREP ARE 60% CONTRACT DOCUMENTS 8/01/06 TASK GROUP 5 - PREPARE 90% CONTRACT DOCUMENTS 8/14/06 TASK GROUP 6 - PREPARE BID READY CONTRACT 8/29/06 DOCUMENTS TASK GROUP 7 - BID PHASE SERVICES 10/07/06 TASK GROUP 8 - CONSTRUCTION PHASE BASIC SERVICES 5/18/07 TASK GROUP 9 -RPR SERVICES DURING CONSTRUCTION 5/18/07 CONSUL T ANT will observe the time limitations as set forth herein. CONSULTANT will not be responsible for delays beyond CONSULTANT's control, including delays caused by: (1) delays in receiving information from others except CONSULTANT's subconsultants; and (2) delays in obtaining subsequent authorization, approvals and review comments from COUNTY and other governmental agencies. If such a delay should occur, the schedule will be updated and adjusted as mutually agreed upon by CONSULTANT and COUNTY. 4/12/2006 6 ~"-"'-'."'.~-~__.~"._c Agenda Item No. 16C5 May 9,2006 Page 12 of 14 It is anticipated that the services for the project will be performed within a time limit not to exceed one year from the date of Notice- to-Proceed. If the services have not been completed within the one-year time limit due to delays caused by COUNTY, COUNTY will consider request by CONSULTANT for additional compensation if CONSULTANT's costs have increased due to the delay. F. COUNTY RESPONSIBILITIES 1. COUNTY will designate a Project representative, as COUNTY's representative and primary contact for CONSULTANT. CONSULTANT will rely on COUNTY's designated Project representative for instructions and approval of CONSULTANT's services. 2. COUNTY will pay all permitting fees. 3. COUNTY will advertise for bids or quotations, reproduce and distribute documents to contractors and vendors. 4. COUNTY agrees that in accordance with generally accepted construction practices, any Contractor employed by COUNTY to perform work in connection with the Project, will be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of all persons and property, and that this requirement shall be made to apply continuously and not be limited to normal working hours. CONSULTANT shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, as these are solely the responsibility of the Contractor. CONSULTANT will represent COUNTY in accordance with the responsibilities of the CONSULTANT described in and Standard General Conditions of the Construction Contract and any mutually agreeable Special Conditions specific to the Project. G. COMPENSATION For the professional services as set forth in this staffing and cost proposal (proposal), the COUNTY shall pay the CONSULTANT a lump sum fee of$1 03,150 for Task 1 through Task 7 as provided for in Article 5 of the Agreement, with Not-to-Exceed (NTE) budget for Task 8 hourly services during construction of $25,930, and NTE budget for Task 9 hourly services during construction of $51 ,200. The fees authorized are as shown in Table No.2 - Fee Summary. Compensation for the services provided shall be due and payable monthly in proportion to the percentage of the work approved and accepted by the COUNTY. The lump sum fee is calculated based on the Rate Schedule, effective September 27, 2005, Attachment B to the Agreement. Certain assumptions have been made in developing the fee for services. To the extent possible, they are stated in this proposal. If changes to the work result in changes in the level of effort presented in this proposal the scope of services and fee budget will be revised by mutual agreement. 4/] 2/2006 7 Agenda Item No. 16C5 May 9, 2006 Page 13 of 14 Table No.2 - Fee Summary Task Fee Type TASK GROUP 1 - TOPOGRAPHIC AND $39,880 Lump Sum EXISTING CONDITIONS SURVEY TASK GROUP 2 - PRELIMINARY (30%) $22,680 Lump Sum DESIGN TASK GROUP 3 - CONSTRUCTION $2,700 Lump Sum PERMITTING TASK GROUP 4 - PREP ARE 60% CONTRACT $17,990 Lump Sum DOCUMENTS TASK GROUP 5 - PREPARE 90% CONTRACT $10,020 Lump Sum DOCUMENTS TASK GROUP 6 - PREPARE BID READY $5,690 Lump Sum CONTRACT DOCUMENTS TASK GROUP 7 - BID PHASE SERVICES $4,190 T&MNTE TASK GROUP 8 - CONSTRUCTION PHASE $25,930 T &M NTE BASIC SERVICES TASK GROUP 9 - RPR SERVICES DURING 51,200 T &M NTE CONSTRUCTION TOTAL FEE AUTHORIZED $180,280 Attachment 2 to this proposal provides a breakdown of the fee calculation. 4/12/2006 8 Agenda Item No. 16C5 May 9, 2006 Page14of14 J. OTHER PROVISIONS All provisions contained in the Agreement not specifically modified herein, or in the associated Work Order authorizing this work, shall remain in full force and effect and are incorporated by reference herein. Proposed by: BOYLE ENGINEERING CORPORA TION By: Robert H. Garland, P.E. Managing Engineer Date: 4/12/2006 9 Agenda Item No. 16C6 May 9, 2006 Page 1 of 25 EXECUTIVE SUMMARY Recommendation to approve a contract amendment with the South Florida Water Management District to participate in the surface water monitoring for the Picayune Strand Hydrologic Restoration in the amount of $40,000. OBJECTIVE: That the Board of County Commissioners approve the attached contract amendment between the South Florida Water Management District (SFWMD) and Collier County, Florida (Amendment No. A02 to Agreement No. ML040284). CONSIDERATIONS: The existing contract with the South Florida Water Management District (SFWMD) provides for the Pollution Control & Prevention Department (PC&PD) to monitor fifty-three (53) surface water sites throughout Collier County for $100,000 per year. This amendment includes additional sampling in the Picayune Strand Restoration area (Southern Golden Gate Estates) for seven (7) surface water sites for an additional $40,000 per year. These data will be used by the Comprehensive Everglades Restoration Plan (CERP) Project Delivery Teams to monitor the effectiveness of the hydrologic restoration. FISCAL IMPACT: This amendment funds the County up to $40,000 via quarterly payments from the SFWMD as contract requirements are delivered. A part of the revenue for FY06 will be recognized through a budget amendment in Miscellaneous Grant Fund (116) in the amount of $26,000. The remaining balance of$14,000 has been budgeted for FY07 under Miscellaneous Grant Fund (116). GROWTH MANAGEMENT IMPACT: The approval of this contract will significantly contribute to the implementation of the many goals of the Conservation and Coastal Management Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, 1. Approve the attached Amendment No. A02 to Agreement No. ML040284 which will provide the County with additional funds, not to exceed $40,000, 2. And approve the attached budget amendment. Prepared By: Rhonda 1. Watkins, Principal Environmental Specialist COLLIER COUNTY Agenda Item No. 16C6 May 9, 2006 Page 2 of 25 BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C6 Meeting Date: Recommendation to approve a contract amendment with the South Florida Water Management District to participate in the surface water monitoring for the Picayune Strand Hydrologic Restoration in the amount of $40,000. 5/9/2006 9:0000 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 4/24/200610:07 AM Approved By Ray Smith Director Date Public Utilities Pollution Control & Prevention 4/24/2006 11 :46 AM Approved By Gwen Walker Executive Secretary Date Public Utilities Public Utilities Admin 4/24/2006 2:56 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/24/20064:20 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/26/20063:20 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 8:55 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/2006 3:35 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/2/20064:46 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/2/2006 5:42 PM Agenc(jlIti ~~L 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT ML040284-A02 AMENDMENT NO. 02 (G@[P)11 TO AGREEMENT NO. ML040284 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA This AMENDMENT NO. 02, entered into on ' to that AGREEMENT dated November 3,2003 and July 8, 2005 between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County, Florida (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its March 8, 2006 meeting, approved entering into this AMENDMENT NO. 02 with the COUNTY; and WHEREAS, the parties wish to amend the AGREEMENT in order to increase funding of the AGREEMENT, and amend the Statement of Work and the Payment and Deliverable Schedule; and NOW THEREFORE, the DISTRICT and the COUNTY, in consideration ofthe mutual benefits flowing from each to the other, do hereby agree as follows: 1. The monetary consideration for the AGREEMENT is hereby increased by an amount not-to-exceed Forty Thousand Dollars and No Cents ($40,000.00), for a total revised AGREEMENT. anf61fuCnof~to::exceed Fotii Hiindred SeventY '[ wo-Tl1ousand- DOllais.and-No- Cents ($472,000.00). Amendment No. 02 to Agreement No. ML040284-A02 -- Page 1 of 3 -8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT Agenda Item No. 16C6 May 9, 2006 Page 4 of 25 format in accordance with Exhibit "C2" attached hereto and made a part of this AMENDMENT NO. 02. 3. The Payment and Deliverable Schedule is hereby amended in accordance with Exhibit "D2" attached hereto and made a part of this AMENDMENT NO. 02. 4. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 02 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Carrie Hill, Interim Procurement Director SFWMD PROCUREMENT APPROVED By. ~~ Date: ~;t.,. ;J-6I -0" ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK By: Frank Rala.!? Title: APPROVED AS -1'6 FORM- & tEGAL SUFFICIENCY 16m ~~ -, ASS STANT C TY ATTORNEY CHAIRMAN Amendment No. 02 to Agreement No. ML040284-A02 _ Page 2 of2 -~.~.~~."..~-,-~-- ,..,--, 0', '_"""'"'_........_ .. Agenda Item No. 16G6 May 9, 2006 Page 5 of 25 EXIllBIT "C2' , STATEMENT OF WORK COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY I. INTRODUCTION AND BACKGROUND This Amendment between the South Florida Water Management District (District) and Collier County Pollution Control (County) will run concurrently with the original contract ML040284 (project CCWQ) set to expire November 2,2006. This second amendment (ML040284-A02) will continue the monitoring of seven (7) surface water quality stations monitored under ML040284- AOl. It will also address an additional laboratory protocol recently required for data delivered under the original contract, ML040284. The monitoring program associated with this amendment will provide data used in the development of water management strategies for the Big Cypress Basin watershed and adjacent coastal waters of Collier County as well as address the monitoring requirements of the Picayune Strand (Southern Golden Gate Estates (SGGE) Hydrologic Restoration) critical project. The monitoring outlined in this contract is required under the "Water Quality Monitoring Work Plan" for the Picayune Strand Hydrologic Restoration Project. The plan calls for surface water collection during various phases of construction; the monitoring described in this contract is for the post construction phase _ routine monitoring of the Prairie Canal. In order to properly evaluate the Picayune's Strand performance after construction, monitoring of these sites is crucial in achieving this goal. In addition, conditions set forth in the US Department of the Army permit #200308480 (IP- HWB), requires sampling of the same seven surface water sites along Prairie Canal during the wet season (when flow is present) for up to six months of the year. n. OBJECTIVE The primary objectives of this Amendment are to 1) provide a water quality information base needed to evaluate the Picayune Strand's performance in meeting restoration goals and to facilitate effective, science based management decisions concerning project design and operation and 2) partner with a local government to perform water quality monitoring and-laooratory analysis. Page 1 of 20, ML040284-A02, Exhibit" C2" Statement of Work Agenda Item No. 16G6 May 9, 2006 Page 6 of 25 m. SCOPE OF WORK The County shall collect and analyze swface water samples from seven (7) stations within the Picayune Strand during the wet season, if there is flow, for permit compliance. These seven stations are registered under the project name SGGE. The location descriptions and GPS coordinates for the sites are given in Table I. The required laboratory parameters and sampling frequency are listed in Table II. It will also provide additional funds to cover the delivery of data from ML-040284 in the ADAPT format. SGGE SGGE5SW Surface water site 260835.4065 812810.4874 at Prairie Canal and Transect 1 SGGE SGGElOSW Surface water site 260635.3378 812834.3867 at Prairie Canal and Transect 2 SGGE SGGEllSW Surface water site 260535.0986 812738.8669 at Prairie Canal and Transect 2 SGGE SGGE16SW Surface water site 260318.2365 812818.5423 at Prairie Canal and Transect 3 SGGE SGGE17SW Surface water site 260251.3507 812628.7692 at Prairie Canal and Transect 3 SGGE SGGE22SW Surface water site 260138.1370 812841.9431 at Prairie Canal and Transect 3 SGGE SGGE23SW Surface water site 260225.4584 812747.7582 at Prairie Canal and Transect 4 Page 2 of 20, ML040284-A02, Exhibit" C2" Statement of Work Agenda Item No. 16C6 May 9, 2006 Page 7 of 25 Table n. Surface water laboratory parameter list for 7 sites in the Picayune Strand (SGGE) and sampling frequency along the Prairie Canal. _~~'~~~:---- -7"'~---'~--cr~-----~- ---'f~;;~~--, [~~:._:;'_L'_,'_:__ _ " ____~"~f: __ u~ . -" 1_(-2-1-"; '.:.>c~ Ammonia Hardness Nitrate Nitrite Ortho Phosphorus Total Dissolved Solids Total Kjeldahl Nitrogen Total Phosphorus Total Suspended Solids Chlorophyll-a Phaeophytin Alkali!llty Manganese Magnesium Calcium Silica, Dissolved Sulfate Iron Specific conductivity Depth Temperature EPA 350.3 SM 2340 B Calculated (NOx - N02 SM 4500 N02 B SM 4500 PE SM2540C EPA 351.2 SM 4500 PE 8M 2540 D SM 10200 H SM 10200 H SM 2320 B SM3120B 8M 3111 B SW846-60 1 OB SM 4500Si-D EPA 375.4 SM 3111 B 0.01 mg/1 1. 0 mg/1 0.01 mg/1 0.002 mg/1 0.004 mg/l 1. 0 mgll 0.24 mg/1 0.004 mgll 2.0 mg/1 1.0 ug/L 3.0 mg/m3 1. 0 mg/1 0.2 mg/l 0.007 mgll 0.03 mg/l 0.1 mgll 1.0 mg/l 120 ugll Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly' Monthly *Frequency is five (5) sample events during the wet season from May through October when conditions are right for flow (no stagnant or ponded water samples). MDLs for all other parameters must comply with Appendix F of the QA8R and be less than regulatory limits IV. WORK BREAKDOWN STRUCTURE Task 1. This task is for monthly sample collection of seven (7) stations within the Picayune Strand during the wet season for a total of five sample events. The five sampling events will o.cc1:!l" from approximately May 2006 to October 2006; with a contract end date of November 2, 2006. The actual start and finish dates can vary from this depending on the amount of rainfall received in the project area. Surface water sites in the Picayune Strand are to be sampled only when there is sheet flow occurring across a sampling location as outlined in the Water Quality Monitoring Work Plan. An event will be scheduled after observations made during other water quality monitoring activities near the project area combined with rainfall events provide reasonable assurance that adequate water levels will exist within the project area to justify a sampling event. - This information shall be communicated with the District-Field Project Manager-f-er-eoncurrenee prior to scheduling a sampling event. Page 3 of 20, :ML040284-A02, Exhibit" C2" Statement of Work Agenda Item No. 16C6 May 9, 2006 Page 8 of 25 The County will follow the methodology for detennining flow as described in section 5.1.1 of the Water Quality Monitoring Work Plan for Picayune Strand. The methodology is as follows: "Flow will be determined by disturbing the sediment or particulates away from (downstream and downwind) the designated sample site. Using a white or light -colored, opaque piece of plastic (such as the underside of a secchi disk) placed at least six inches below surface in the disturbed area, flow will be determined visually by any evidence of sub-surface movement of particles across the white background". Surface measurements for pH, dissolved oxygen, specific conductance, and temperature, as well as water levels and field scale flows will be determined only when water quality samples are collected at the sites in the Picayune Strand. Sample depth and total depth will also be recorded at the time of sample collection. Stage recordings (staff gage readings) will be noted for sites where this instrumentation is available. Field notes will be maintained during each sample event; see page 8 of this contract for detail information to include in fieldnotes. The County will collect surface water samples from the seven Prairie Canal permit sites (Figure 1) at the sampling frequencies listed in Table II. Project specific requirements for surface water sample collections of physical variables, nutrients, major ions, trace metals, and biological parameters, as well as the methods and minimum detection limits for all laboratory parameters are also provided in Table II. Sampling and analysis will be performed as described in the County's Quality Manual and the Quality Assurance Systems Requirements Manual CQASR). The QASR can be reviewed online at www.evergIadesplan.orglpmlrecover/wqt qasr.cfm. Sample collection will be performed as described in the County' S Quality Manual and the QASR. Page 4 of 20, :.ML040284-A02, Exhibit" C2" Statement of Work Agenda Item No. 16C6 May 9, 2006 Page 9 of 25 /-75 CANAL 175 Southern Golden Gate Estates Prairie Canal Surface Water Sites . SURFACE WATER SITE - CANALS - ROADS w.' s o 2.5 5 . ,Miles Figure i. Map depicting surface water sites ill the Picayune Strand atfue-Prairie Calial" - Task 2: General and QASR Specific Quality Control! Quality Assurance (QA/QC) Requirements The General Quality Assurance/Quality Control (QA/QC) Requirements are detailed in the Page 5 of 20, w....040284-A02, Exhibit" C2" Statement of Work Agenda Item No. 16C6 May 9,2006 Page 10 of 25 original Agreement ML-040284 and are in effect for this Amendment also. The County shall provide all data associated with analyses performed by the County's chemical laboratory. The District may refuse payment for data that does not meet the County's or QASR quality assurance/quality control criteria. Participating laboratories should be involved in designated comparative testing studies (e.g. Round Robin Studies). Specified detection limits must be below stated regulatory limits and QASR Appendix F criteria. All sample collection and field measurements identified in the tasks of this amendment are subject to the following QASR specific requirements: a) The County shall be responsible for following the requirements under the Quality Assurance Systems Requirements (Q~SR) Manual,for the collection of samples. In accordance with this Rule, sampling agencies must possess and maintain a Field Quality Manual. b) Any variances from the minimum requirements under QASR must be approved by the the District Contract Manager prior to implementation. This includes any changes in sampling procedures or QA/QC protocols. Minimum QA requirements include collection of a field-cleaned equipment blank (FCEB), or an equipment blank (EB) if a FCEB is not collected, on every trip. Two (2) replicate samples, and a pre-cleaned equipment blank are to be collected every sampling quarter (July & October). In addition, variances in sampling locations or established collection dates must be approved prior to implementation. c) The County shall ensure that only qualified and properly trained staff conduct sampling or field measurements for this project. The Contractor shall demonstrate knowledge of FDEP Sampling SOPs, QASR, and operation of field instruments/equipment. The Contractor shall document and keep a permanent file of training in employee's files to be available during audits. d) The County shall submit a list of sampling personnel that is, or will be assigned to the project, with a summary of qualifications, and submit changes or updates on personnel to the District Project Manager during the term of this work order. e) The County shall provide all deployed equipment, multi-parameter water quality analyzer and calibration standards. The County shall maintain an adequate stock of all supplies to ensure that measurements are collected according to schedule. f) All field probes used for field measurements shall be calibrated before and verified after. each day of sampling and documented accordingly per QASR requirements. All calibration documentation shall be provided to the Project Manager after each daily trip. In addition, instruments are required to be maintained according to QASR requirements. g) The County shall ensure that the proper equipment protocols, as identified in theQASR, Page 6 of 20, ML040284-A02, Exhibit" C2" Statement of Work , "-'-'-"'---~" Agenda Item No. 16C6 May 9,2006 Page 11 of 25 are used to collect each sample. If the County will subcontract analytical work to another laboratory, the County shall use a NELAP certified laboratory for analysis as per Chapter 64E F.A.C and the QASR. h) The District may review field sampling and laboratory quality assurance/quality control (QAlQC) procedures and conduct field and laboratory audits as desired at any time. i) All site conditions observed during sample collection and in-situ field measurements shall be recorded in a bound field notebook and as directed by the QASR. j) The County shall provide a copy of all field documentation for each sampling date to the District Project Manager. k) The County shall notify the District Project Manager, immediately, if sample collection problems arise or if any samples are missed. 1) The County will be notified, in writing, 30 days in advance of any project related changes, including those related to sampling frequencies, parameter lists, etc. m) If the District detects a problem with a sample result, the District Project Manager shall notify the County Project Manager in writing via email. The County shall address and resolve quality assurance issues within 45 days of District notification. The District Project Manager shall communicate any deficiencies to the County prior to payment authorization. In addition, the District will not reimburse the County for data that are not of acceptable quality. Deliverables for this task shall be samples delivered to the Collier County Laboratory and field notes of each sample event. Field notes will include date/time of site visit, site name, description of site conditions (surrounding area, water body, weather, etc.) at time of collection and any other information that would assist the enduser in understanding the site conditions at time of collection. Also included in field notes are any problems encountered during the sample event. Field notes will also identify activities undertaken during the sampling event and state any problems, if any, en.countered. Samples shall be delivered to the Collier County Laboratory on the day of sample collection. Documentation shall be delivered to the District Field Project Manager within 1 day of completion of sampling event. Task 2. This task shall include the laboratory analysis of all field water quality samples, includingQC samples submitted to the Collier County Laboratory from Task 1. Parameters, methods and Jv.1DLs are specified in Table II. Page 7 of 20, ML040284-A02, Exhibit" C2" Statement of Work Agenda Item No. 16C6 May 9, 2006 Page 12 of 25 Laboratory data deliverables shall be electronic and hard copy results including: results and associated sample infonnation with applied laboratory qualifiers, instrument calibration data summary, precision data, accuracy data, blank data, continuing calibration verification checks, continuing calibration checks, and summary of non-confonnance or problems and resolutions. The County shall also attest to the validity of the data and include all quality assurance statistics and reports, for example the results offield blanks, equipment blanks and precision as percent relative standard deviation. All data shall be reviewed by the Automatic Data Processing Tool (ADaPT). Electronic Data Deliverables shall be ADaPT submittals. Please see "Appendix A' , and Tables lA and IB for a detailed explanation of ADAPT and data deliverable requirements. Data shall be submitted to the District Project Manager within 30 days of the end of the sampling event. All data submittals must conform to the guidelines set forth in Appendix A and Table lA. Task 3. Data for all projects on the original Agreement CML-040284) for projects CCWQ and IMKS and q project SaGE under contract ML040284-A02, shall be submitted to the District in the Automated Data Processing Tool electronic format specified in Appendix A and Table lA and referred to as ADaPT. The County will be performing ADaPT data validation for this project on data analyzed by the Collier County Laboratory. ' Page 8 of 20, ML040284-A02, Exhibit" C2" Statement of Work -"..'"'---'-'--~,_,-, Agenda Item No. 16C6 May 9, 2006 Page 13 of 25 Task 3.2 - Lab Results Deliverable The Contractor shall perform analysis and provide results in the format outlined in Table lB. The EDD file is verified by the contractor for format and project requirements using ADaPT. The Contractor shall correct errors or inconsistencies found by ADaPT. Any unresolved issues are documented through the ADaPT tool. The Contractor shall email the verified version of the EDD generated by ADaPT to a pre-determined list of District staff which will include the District's Project Manager. The file naming convention should be "R" + Contractor FDOH ill + Date (YYYY1v.1MDD) generated + sequence e.g. R_El2l2l-2001120l-l.The District will provide the Contractor with a list of recipients for this email notification. The EDD will include data for samples submitted to the Contractor as well as laboratory quality control samples for method blanks, laboratory control samples, matrix spikes, matrix spike duplicates or duplicate samples. Task 3.3 - Project Library An electronic project library shall be generated by the Contractor to document project specific requirements. The library is created using an ADaPT. The District Project Manager will review and approve electronic project library prior to it use. This library will be used by the Contractor and District staff during the EDD error check and data validation process. 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Agenda Item No. 16C6 May 9, 2006 Page 23 of 25 APPENDIX "A" AUTOMATED DATA PROCESSING TOOL (ADAPT) 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (District) and the Florida Department of Environmental Protection's Bureau of Laboratories (FDEP) jointly acquired technical services from a consultant to develop and customize an electronic data deliverable (EDD) review and validation tool program known as the Automated Data Processing Tool (ADaPT). This tool will aid in processing analytical data, validating format and completeness, checking the data quality and compliance with the method and data quality objectives for all analytical data submitted to the District. 2.0 OBJECTIVE The District requires Collier County Pollution Control Laboratory (COWlty) to utilize the ADaPT software to perform its own automated data review soon after analysis is complete, ADaPT is a Microsoft ACCESS based application tool. The laboratory version reads the EDD, checks it against the EDD specifications and against an electronic Quality Assurance Project Plan library for errors. If any error is fOWld it allows and facilitates its correction. After all errors are corrected, it allows for the EDD to be exported as a .txt or .csv file to be delivered to the District QAJProject Manager. 3.0 WORK BREAKDOWN STRUCTURE Copies ofthe validation tools software (ADaPT) will be provided to the Contractor upon request. Data for analysis conducted by the Contractor will be provided to the District in hard copy reports and as EDDs following the format guidelines in Table IA and IB. The District's EDDs requirements are described in the following tasks. Task 3.1 - Lab Receipt Deliverable Upon receipt of samples, the Contractor shall generate a lab receipt file for delivery to the District's Data Validation and Contracts (DVC) unit within a day (24 hours) of sample receipt. The lab receipt file format will be verified ADaPT. The Contractor shall email the verified version .of the receipt file generated by the ADaPT software to a pre-determined list of District staff which will include the District's Project Manager. The file naming convention should be "A" + Contractor FDOH ill + Date (YYYYMMDD) generated + sequence e.g. A-EI2I21- 20011201-1. The District will provide the Contractor with a list of recipients for this email notification before samples are received. The deliverable elements are listed in Table lA. Page 9 of 20, ML040284-A02, Exhibit" C2" Statement of Work (~HO l!) ~~ .0 J~ Z >'Q.) EcoO) Q.)2 CO :!:: 0.. CO "C C Q.) 0) <( III Ql 8~ Ql ~ :z; -.J l:l Ql ai rl Il!/ III -.J 111 Q ,.I( U Ql .<:l U C") ~ VI k .Q k .Ll Il!/ 01 s:: v ...:r ~ [Q 'tS II k -rl 5- 1/ P: 1:1 o -rl +I Q. -rl k U 12 III Q . OJ U '0 1-1 >< ...:r '0 '0 00-.,. 01:: .Q~I-I .QnjQ) .Ll .Ll '0 .Ll I-< ill CllOOIllI:: ~~O.G S'ESIll S.w 111 0'0. 1ll.Q I-<.Q'O .Ll US::CIl.Ll UO.ws:: U I-< Cll 1ll:E: U I-< 111 .., td 1::0k . 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Dl ClJ >< ~ ~ '- o ...... ~ Q) S Q) ~ ...... r.t:l N dJU rl :: ~...... ctl .- 00..0 :a &j N o <t:: I -.::t 00 N o -.::t o ~ o N '- o 0\ - Q) OJ) co (:.l..; Agenda Item No. 16C6 May 9,2006 Page 25 of 25 EXHIBIT "D2" PAYMENT AND DELIVERABLE SCHEDULE The County shall invoice the District on a deliverable basis and invoices and deliverable should be received by the District Project Manager within 30 days of the sampling event. All invoices shall list the deliverables submitted to the District within the reporting period. Total number of samples to be analyzed during the five sample events should not exceed 50 samples including the required quality control samples. Upon receipt and/or documentation of completion and acceptance of deliverables by the District, the District agrees to pay the County as specified below and in accordance with Exhibit "C" and Exhibit "C 1" Statement of Work. The total not to exceed consideration to be provided by the District under this agreement is $40,000.00. Deliverable Deliverable Description Event FY06 Payment Amount 1 Five (5) surface water sample events of seven (7) sites when $1,100.00 per event $5,500 flow is occurring as detailed in Part IV of Exhibit C2, "Work not to exceed five (5) Breakdown Structure" events 2 Laboratory analysis of surface water samples for the 7 SGGW $6,500 project, parameters specified in Table II within 30 days after $130.00 the completion of a sampling event, with data to be processed per sample not to through ADAPTs as defined in Appendix A and Table IA and exceed 50 samples lB. 3 f--aboratory data submitted to District from projects CCWQ and IMKS collected and analyzed under ML-040284. to be Payment ~~ $28,000 processed through ADAPTs as defined in Appendix A and each to be pal at the Tables IA and lB. within the timeframe for laboratory data end ofJune and deliverable defmed in ML-040284. November 2006 Total Payments per Fiscal Year $40,000 .-- ---.-- ..__.--------_._--_..-.._----~'.....---,. Page 1 of 1, ML040284-A02, Exhibit" D2" Payment and Deliverable Schedule Agenda Item No. 16C7 May 9, 2006 Page 1 of 30 EXECUTIVE SUMMARY Recommendation to approve an amendment to the external auditing contract, 03- 3497 Auditing Services for Collier County between KPMG, LLP and Collier County, in an amount not to exceed $87,453 for the purpose of performing an Internal Control Review and Risk Assessment of the Public Utilities Division's core processes for billing, receipting, recording and safeguarding revenue generated from the utility enterprise activities conducted within the Division. OBJECTIVE: To provide assurance that the Public Utilities Division's (Division) cash and revenue handling processes promote financial accuracy, sound fiscal stewardship, and maintain an adequate internal control structure. CONSIDERATIONS: The Division has three utility enterprise functions (Water, Wastewater and Solid Waste) that provide their respective services for the public. The public is charged (billed) for these services using rates approved and set by the Board of County Commissioners (Board). Customer/consumer bills are prepared, rendered and the related revenue is received, recorded and processed at a central business location for the Division, which is the Utility Billing and Customer Service Department located in the Division's Operations Center on Mercantile Avenue. Each of the utilities and their respective cash transactions are addressed below. Revenues from Special Assessments levied by the Board, for all of its' Divisions, are addressed separately. Water and Wastewater EnterDrise Utilities The Division maintains more than 52,000 water, wastewater and irrigation quality customer accounts. These accounts are billed monthly. Each account represents one or more water meters. Each meter is read and billed every month; this represents approximately 624,000 bills rendered and 624,000 cash receipt transactions annually for these two enterprise activities. Approximately 2,400 new accounts are added each year, which increases the annual bills prepared and rendered by 28,800 and the annual cash receipt transactions by 28,800. The above numbers do not include the 11,000 monthly (132,000 annually) duplicate bills prepared and mailed to third parties. Solid Waste EnterDrise Utilit~ The Division provides solid waste services, in one form or another, to all of Collier County. Charges for services provided are collected by three methods, which are: 1. Over 98,000, mandatory curbside solid waste collection services, are billed and collected via the annual tax (ad valorem) bill. Mandatory curbside service is growing by approximately 3,900 accounts annually. Growth related mandatory curbside customers, whose service is started when a Certificate of Occupancy (CO) is issued by the County, pay a pro-rata portion of the current annual service charge when the CO is issued. 2. Landfill (scaled) service charges, representing approximately 126,500 scale tickets on an annual basis, are collected when the material entering one of the Agenda Item No. 16C7 May 9,2006 Page 2 of 30 County's two Landfills is scaled. Customers pay by one of two methods: cash at time of service or are billed on a monthly basis. Credit customers are required to maintain an adequate deposit balance. Revenues from monthly billings account for approximately 93% of the total Landfill revenues. 3. Cash is collected at the Recycling Centers for certain Landfill transfer services. Special Assessment Services Special Assessments, levied by the Board, are used to finance certain large infrastructure projects when a specific benefit to real property can be determined. The Division maintains the County's Special Assessment rolls and their respective revenue transactions for both its enterprise operations and for other Board Divisions, which have Special Assessments levied by the Board of County Commissioners. Major Special Assessment rolls maintained for other Divisions include the Pine Ridge Industrial Park Special Assessment District, the Naples Production Park Special Assessment District, and the Naples Park Area Drainage Special Assessment District. Special Assessments are collected both on and off the tax (ad valorem) bill. Collier County Special Assessments, levied by the Board are billed and collected over multiple years. Annual incremental collections include both principal and interest. Revenues collected, from FY 2001 through FY 2005, for each utility and special assessment, levied by the Board, are identified below by Fiscal Year: Water, Wastewater and Special Fiscal Year Irrigation Quality Solid Assessments Total Waste 2001 $42,782,000 $17,542,000 $3,784,000 $64,108,000 2002 $48,086,000 $11,627,000 $3,544,000 $63,257,000 2003 $52,283,000 $20,789,000 $3,201,000 $76,273,000 2004 $59,864,000 $21,901,000 $2,535,000 $84,300,000 2005 $64,967,000 $23,482,000 $2,023,000 $90,472,000 $267,982,000 95,341,000 $15,087,000 $378,410,000 Annual Division Revenues The County has an annual audit conducted by its external auditors and internal controls are reviewed at the fund level. However, a detailed review by an independent third party of the internal controls, process flows and an assessment of risk factors surrounding the Division's revenue activities/processes has never been conducted. The chart above is indicative of the continuing revenue growth that the Division will experience in the next decade and, in part, defines the need for this type of review. The Utility Billing and Customer Service Director sought a proposal from the current external auditing firm, KPMG, to perform this audit as part of the existing contract with the Board of Commissioners for external auditing services. Specific attention was given to using an auditor who has not had any previous business contact with the Division to avoid a conflict of interest or any appearance thereof. The Utility Billing and Customer Service 2 Agenda Item No. 16C7 May 9,2006 Page 3 of 30 Director interviewed the KPMG practice leader who will perform the audit, Don Carter, Senior Manager in the KPMG Risk Advisory Services, and discussed the scope, timing and procedure for the audit as well as the background(s) of the principal individuals who will perform the audit. The principals involved have performed risk assessments and audits of this nature for many governments in Florida and throughout the United States. They present significant professional depth and experience to deliver a thorough work product. The scope of the audit will focus on the following elements in the revenue collection process: ~ Internal controls- This element will be an in-depth review of the existing internal controls over the billing processes and the receipting, recording and safeguarding of the financial assets. ~ Internal control weaknesses/aaps- This will provide a review, evaluation and report on both weaknesses and gaps in the internal controls. ~ Inputs to processes/Outputs from processes- This element will evaluate and provide a risk assessment of the inputs and outputs from and to the public, within the department and when the business processes cross departmental boundaries to other departments within the Division and with departments in other Divisions. ~ Efficiency and effectiveness- This element will evaluate and identify non-value added activities such as duplication of effort, fragmentation of responsibilities, number of approvals, number of hand-offs, bottlenecks, methods used to disseminate information to other departments and shadow systems. The procurement of this service serves a valid public purpose in that the result of the audit will be used to evaluate the financial accuracy and fiscal stewardship of the Division and the processes that are utilized for billing, receipting, recording and safeguarding revenues; to assure that the fiduciary interests of the public are protected; to identify the need for any further action(s); and to assure that the Board, the County top management and the general public are receiving a high level of service. Contract 03-3497 contains a provision for additional related services as mutually agreed upon by the County and Contractor. These services will be provided under Amendment A-3, which outlines the Scope of Work, deliverables. related fees and schedule. The Amendment was prepared by the Contract Administration Section of the Purchasing Department and has been reviewed and approved by the County Attorney. FISCAL IMPACT: The guaranteed cost for the audit shall not exceed $87,453 and is inclusive of all travel, lodging, and meal expenses. Travel expenses will be reimbursed according to current GSA per diem rates. Funds are available within Fund 408 reserves to pay for the services performed under the audit. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. 3 Agenda Item No. 16C7 May 9, 2006 Page 4 of 30 RECOMMENDATION: It is recommended that the Board approve Amendment A-3, to contract 03-3497, between KPMG, LLP and the Board of Commissioners in the amount of $87,453, authorize the Chairman to sign the County Attorney approved Amendment, authorize a budget amendment moving funds from reserves in Fund 408 to Utility Billing and Customer Service and authorize staff to proceed with the internal control review and risk assessment audit as described herein. PREPARED BY: John A. Yon kosky, CPA Director, Utility Billing & Customer Service 4 COLLIER COUNTY Agenda Item No. 16C7 May 9,2006 Page 5 of 30 BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C7 Recommendation to approve an amendment to the external auditing contract, 03-3497 Auditing Services for Collier County between KPMG, LLP and Collier County, in an amount not to exceed $87,453 for the purpose of performing an Internal Control Review and Risk Assessment of the Public Utilities Divisions core processes for billing, receipting, recording and safeguarding revenue generated from the utility enterprise activities conducted within the Division. Meeting Date: 5/9/2006 9:00:00 AM Prepared By John A. Yonkosky Utility Billing Director Date Public Utilities uses 4/21/20062:42:34 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities uses 4/21/20064:32 PM Approved By Daniel R. Rodriguez, M.B.A. Interim Solid Waste Director Date Public Utilities Solid Waste 4/21/2006 5:07 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 412312006 11 :01 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 4124120064:37 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 4124/20064:37 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/24/2006 4:50 PM Approved By G. George Yilmaz Interim WasteWater Director Date Public Utilities WasteWater 4/25/2006 4:20 PM Approved By Gwen Walker Executive Secretary Date Public Utilities Public Utilities Admin 4/2512006 4:22 PM Approved By James W. Delony Public Utilities Administrator Date Agenda Item No. 16C7 May 9,2006 Page 6 of 30 Public Utilities Public Utilities Administration 4/26/20063:23 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 9:02 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20064:55 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/28/2006 11 :53 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/2006 3:48 PM EXHIBIT A-3 Contract Amendment for 03-3497 "Auditing Services for Collier County" Agenda Item No. 16C7 May 9, 2006 Page 7 of 30 This amendment, dated , 2006 to the referenced agreement shall be by and between the parties to the original Agreement, KPMG LLP, whose address is III North Orange A venue, Suite 1600, Orlando, FL 32802, (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 03-3497 "Auditing Services for Collier County" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "A- 3A" KPMG Cost Proposal, attached to this Amendment and incorporated herein by reference. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in an amount not to exceed eighty seven thousand four hundred fifty three dollars ($87,453) as per Exhibit "A-3A". All other terms and conditions of the agreement shall remain in force, with the exception of the changes identified below, which shall apply to this engagement only. Change Section 13 of Contract to read as foJIows: 13. Indemnification. (a) Each party agrees to indemnify, hold harmless and defend the other party from and against any and all Liabilities for physical injury to, or illness or death of, any person or persons regardless of status, and damage to or destruction of any tangible propeliy, which the other party may sustain or incur, to the extent such Liabilities result from the negligence or willful misconduct of the indemnifying party. (b) Except as otherwise required by law, with respect to any proposed or completed transaction, the County acknowledges and agrees that any advice, recommendations, information or work product provided to the County by the Contractor in connection with this engagement is for the confidential use of the County, and may not be relied upon by any third party and the County will not disclose or permit access to such advice, recommendations, information or work product to any third party or summarize or refer to such advice, recommendations, information or work product or to the Contractor's engagement without, in each case, the Contractor's prior written consent. In furtherance of the foregoing, the County will indemnify, defend and hold harmless the Contractor from and against any and all Liabilities suffered by or asserted against the Contractor in connection with a third party claim to the extent resulting from such party's use or possession of or reliance upon the Contractor's advice, recommendations, information or work product as a result of the County's use or disclosure of such advice, recommendations, information or work product. The foregoing requirements are subject to the limitations as set forth in Section 119.0713(3), Fla. Stats. (c) The party entitled to indemnification (the "Indemnified Party") shall promptly notify the party obligated to provide such indemnification (the "Indemnifying Party") of any claim for which the Indemnified Party seeks indemnification. The Indemnifying Party shall have the right to conduct the defense or settlement of any such claim at the Indemnifying Party's sole expense, and the Indemnified Party shall cooperate with the Indemnifying Party. The party not conducting the defense shall nonetheless have the right to participate in such defense at its own expense. The Indemnified Party shall have the right to Agenda Item No. 16C7 May 9, 2006 Page 8 of 30 approve the settlement of any claim that imposes any liability or obligation other than the payment of money damages. (d) This section shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the County's liability beyond the limits established in Section 768.28, Fla. Stat. (e) Limitation on Damages. Except for each party's indemnification obligations as set forth above, neither County nor Contractor shall be liable to the other for any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the services perfonned under this engagement for an aggregate amount in excess of the fees paid or owing to Contractor for services rendered by Contractor under this engagement. In no event shall either party be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs). The provisions of this Paragraph shall apply regardless of the fonn of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort or otherwise. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRACTOR ATTEST: Corporate Secretary IWitness KPMG LLP By: Title: Dated: By: Dated: ATTEST: OWNER: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, Chainnan Approved as to fonn and Legal sufficiency: Assistant County Attorney Contract Amendment # A-3 to Contract 03-3497 "Auditing Services for Collier County" Agenda Item No. 16C7 May 9,2006 Page 9 of 30 Exhibit A-3A - KPMG Cost Proposal Scope and Approach KPMG LLP (KPMG) is pleased to present the attached proposal to the Collier County Utility Billing & Customer Service Department (Department) to provide professional consulting services related to the performance of an independent risk assessment of select Department business processes. The attached proposal describes our understanding of the project, information about KPMG, a description of the engagement team, the Firm's qualifications to provide these services, our work plan, and our proposed professional fees. KPMG has assembled a team of professionals experienced in performing similar engagements for public sector and governmental entities in Florida and throughout the United States. Our proposed team is comprised of business process professionals from KPMG's Public Sector Group. These professionals are dedicated to serving state and local governments and understand the unique complexities of governments. We believe our proposed project team provides the Department with an experienced team of professionals who possess industry knowledge required to successfully meet the needs and objectives of the Department. As described in the following proposal, our project team will employ KPMG methodologies and techniques in completing the study and delivering the final report within the proposed timeline. These methodologies have been developed over many years of performing similar studies of comparable organizations and are outlined in our work plan. The following is a summary of the key points in our proposal and why we suggest that our team is the right choice for the Collier County Utility Billing & Customer Service Department. KPMG has made government a key facet of our business and future. KPMG is distinguished from other firms through our pioneering role in market industry specialization. As a leading firm serving the government industry, our experience with conducting risk assessments, management reviews, and business process assessments for governmental entities is extensive. We offer timely, innovative recommendations to help government entities meet the needs of increasingly demanding constituencies and regulatory requirements. Furthermore, we anticipate the challenges our clients face as a result of legislative changes, economic trends, and constituent needs. We also understand the performance and accountability issues critical to local and state governments. What this means for the Department is a team of professionals who work full-time with governments and public sector entities, and understand what it means to set policy and deliver public services. Our team has the necessary experience and skills. Success in any project depends on a team of talented, experienced professionals. In fact, your team members include professionals that are dedicated to serving governmental entities. Our proposed project team has worked together and knows how to maximize each project's elements to achieve project goals. They also have experience in applying the tools and methodologies described in our work plan. Our proposed team includes professionals who have provided similar services to state, city, or county governments; and business process professionals, familiar with identifying effective improvements, efficiencies, and better business practices. Our approach meets your needs, utilizing our tools and methOdOlogies. Our approach has been developed within various tasks that will allow for the identification, analysis, and findings/recommendations related to each specific business process contained in the scope of this engagement. The assessment will be performed on select business processes and will focus on the following process elements: . controls; · control weaknesses/gaps; '-"".""""- , Agenda Item No. 16C7 May 9, 2006 Page 10 of 30 . inputs/outputs; . efficiency; and . effectiveness. As a result of our execution of our work plan, we expect to meet the goals and objectives of the Department by providing a report that will focus the Department on achieving its mission and providing recommendations for improvement. KPMG is enthusiastic about this opportunity to serve the Collier County Utility Billing & Customer Service Department in performing the business process risk assessment. Weare committed to providing these services to assist the Department in achieving the goals of this project. We would be pleased to discuss our proposal in more detail with you. By accepting this engagement letter, Collier County management accepts responsibility for the substantive outcomes of this engagement and, therefore, has a responsibility to be in a position of fact and appearance to make an informed judgment on the results ofthis engagement and that Collier County will comply with the following: . Designate a qualified management-level individual to be responsible and accountable for overseeing the engagement. . Establish and monitor the performance of the engagement to ensure that it meets management's objectives. . Make any decisions that involve management functions related to the engagement and accept full responsibility for such decisions. . Evaluate the adequacy of the services performed and any findings that result. We have considered the effect of this engagement on the ongoing, planned and future audits as required by Government Auditing Standards and have determined that this engagement will not impair KPMG's independence. TABLE OF CONTENTS Agenda Item No. 16C7 May 9, 2006 Page 11 of 30 I. FIRM BACKGROUND OVERVIEW............,..........................................................5 II. FIRM Q U ALIFI CA TI 0 NS AND EXPERIENCE................................................... 7 III. PROJECT TEAM OVERVIEW............................................................................. 9 IV. METHODOLOGY AND PROJECT APPROACH ..............................................14 V. COST OF SERVICES.............................................................. ..............19 VI. SCHEDULE.................................................................................................. ......... ..20 APPENDIX A: SPECIFIC BUSINESS PROCESSES INCLUDED IN SCOPE........21 Agenda Item No. 16C7 May 9, 2006 Page 12 of 30 SECTION I - FIRM BACKGROUND OVERVIEW A. KPMG Firm Data and Company Profile KPMG LLP (KPMG) is the U.S. member firm of KPMG International, one of the largest professional services firms in the world. KPMG International brings to its member firm clients the benefits of uniform quality and processes around the world, combined with local knowledge of regulatory, financial, and legal environments. All KPMG member firms are members of KPMG International, a Swiss cooperative. They must adhere to high levels of professional excellence and share a commitment to dedicated client service for our clients. We employ standardized approaches, methodologies, and technology tools across our firms. These are accessed by member firm professionals via KWorld--our global knowledge management infrastructure. KWorld pools our intellectual capital worldwide and provides our professionals with common global business models, latest industry developments, and information about emerging tax considerations and audit developments. In the United States, KPMG has maintained a continual commitment throughout its history to providing leadership, integrity, and quality to the capital markets. The organization, which traces its origins back to 1897 and was incorporated in 1987 in the state of Delaware, was the first professional services firm to organize its resources according to industry lines. With more than 11,000 professionals, including 1,600 partners in the U.S., KPMG delivers a wide range of value-added advisory, assurance and tax services. We operate out of over 90 geographic locations throughout the country, including offices in Tampa, Orlando, Tallahassee, Miami, West Palm Beach, and Jacksonville. In addition, we use professionals from other geographic offices to present the most qualified team to assist our clients. Often our client teams have members who bring experience from other areas in the country. Our Firm's dedication to serving government clients and the experience of our project team makes us highly qualified to meet the needs of the Collier County Utility Billing & Customer Service Department. B. KPMG Organizational Structure KPMG recognizes that each of its clients operates in a unique business environment requiring products and services tailored to their needs. We believe that specific industry knowledge is critical to assessing, recommending, and delivering successful business solutions. To address client-specific challenges, Page 6 Agenda Item No. 16C7 May 9,2006 Page 13 of 30 KPMG has structured itself along five lines of business (as shown below). This market-based structure provides dedicated resources for each line of business and allows our client service professionals to focus on industry-specific issues. Our clients need innovative solutions that will help steer their organizations through challenging and uncertain times to reach their business objectives. As a result of this structure, we are able to deliver industry-focused business solutions and services specifically to governments and other public sector clients. KPMG LLP FinanCIal ServIces Consumer and Industnal Markets Healthcare Information Comnlunlcatlon and Entertamment Federal Government Public Education C. KPMG Public Sector Practice At KPMG, we have made government a key focus of our business and our future. KPMG's Public Sector practice is one of the fastest growing of our five lines of business. For over 80 years, this practice has assisted clients of all types, including federal agencies, states, cities, counties, school districts, public hospitals, transit authorities, and virtually all other institutions that serve the public. This practice consists of professionals who devote their full-time efforts to serving public sector clients. Leveraging our experience in the commercial sector, KPMG offers innovative services to help public sector organizations meet the needs of increasingly demanding constituencies with limited resources. As a recognized leader in the public sector industry, we anticipate the challenges our clients face as a result of legislative changes, economic trends and customer needs. Additionally, we realize that today's fast-paced economy and business world requires attentiveness to details-the details that influence the business of government today and tomorrow. KPMG professionals are vigilant about keeping abreast of federal, state, and local government issues that you encounter every day. Training is regular and required. Research and insight are expected. D. Quality Control Policy and Procedures Page 7 Agenda Item No. 16C7 May 9, 2006 Page 14 of 30 KPMG believes that quality control and quality assurance are the most vital aspects to any engagement. Our reputation and the client's satisfaction depend on effective quality control and quality assurance management. KPMG has developed a series of internal quality control and assurance requirements, and training courses for which all KPMG personnel must be in compliance. KPMG maintains specific standards for the creation and maintenance of workpapers for all client engagements. The Client Service Partner, Chip Jones; Engagement Partner, David Dennis; and the Engagement Manager, Don Carter; will be responsible for the quality control and quality assurance of this engagement. Data analysis performed will be reviewed by the Engagement Manager to ensure accurate data sources, reasonable data parameters, and meaningful analysis results. The Engagement Manager, Engagement Partner, and Client Service Partner will review client deliverables to ensure effective quality assurance. SECTION II - QUALIFICATIONS AND EXPERIENCE This section of the proposal presents background information about KPMG LLP (KPMG) and the Project Team's qualifications related to the scope of work. KPMG has a wealth of experience conducting business process risk assessments and management efficiency reviews for governmental entities. Our methodologies and skilled team members will ensure quality-driven work that will enable the Collier County Utility Billing & Customer Service Department to meet the objectives of this engagement. A. Qualifications and Representative Experience Working extensively with public sector organizations, the professionals in KPMG's Public Services Practice are well aware of the public scrutiny given our analyses. Our professionals are called upon to present evaluations, studies, and report conclusions to commissioners, legislators, stakeholders, the public, and the media. Knowing that our work will be thoroughly reviewed by the public, we are meticulous about maintaining workpapers and records so that our analyses and findings are well supported and documented. We have trained, experienced professionals and the depth of specialized resources available now that are necessary to provide you with the high level of service needed. Our staff is familiar with governmental entities as a result of their industry focus. Over the years, we have helped our government clients with diverse services including: . Business Process Assessment . Systems Planning Page 8 . Risk Assessment . Performance Audits . Organizational Development and Structure . Assessment Productivity Improvement Management Review Strategic Planning Needs Assessment Performance Measurement Staffing Requirements Analyses . Systems Integration Internal Controls Reviews Compliance Reviews Change Management Privatization, Outsourcing and Competitive Contracting Human Resource Practice Reviews Financial Audits Activity- Based Costing Cost of Service Evaluations Agenda Item No. 16C7 May 9, 2006 Page 15 of 30 . . . . . . . . . . . . . We have worked closely with all levels of government by providing advice on selecting and implementing methods for improving efficiency and effectiveness, increasing revenue opportunities, and reducing costs. By bringing together a wide range of specialists, KPMG is more apt to help our clients make informed decisions. B. Sample Local Experience The specific Project Team assembled for this engagement possesses extensive experience in providing business process assessments, risk identification assessments, efficiency reviews, and costing engagements for local governments throughout Florida and the United States. The Project Team maintains over 100 years of combined professional experience with a bulk of the work performed in Florida. Three representative samples are provided below to demonstrate the Project Team's local experience and familiarity with the complex issues facing local governments every day. Client Name: Tampa Bay Water I Services: Performance Review Engagement Date: 12/04 - 4/05 Description of Services Provided: KPMG conducted a management and performance review for Tampa Bay Water. The overall goal of the engagement was to review operational and management controls and processes with a view to identitY areas of strength as well as areas in which improvements can be made. The management review focused on the following main objectives: · Economic and efficient utilization of labor, . Compliance with applicable laws, equipment, and financial resources statutes, and ordinances · Effectiveness of the organization, programs, . Compliance with Board adopted business and staffing principles and initiatives · Effective management objectives, policies and procedures The Review was organized into six distinct activities as follows: Page 9 _...,--~--...---_._.._- Agenda Item No. 16C7 May 9, 2006 Page 16 of 30 . Finance and Administration . Operations . Science, Engineering, and Long-Term Planning . Contracting . Construction . Oversight and Compliance Within each of the six main activities, numerous "key elements" or "business processes" were embedded which were specifically reviewed as part ofthe management review. Client Name: Hillsborough County, FL I Services: Indirect Cost Allocation Plans Engagement Date: Performed annually since 1998 Description of Services Provided: In order to identify indirect costs incurred in support of special revenue, enterprise, and proprietary fund activities, KPMG assisted Hillsborough County, in developing a central services cost allocation plan. The County may use the indirect cost plan to document the support to user fee services or activities. The plan was prepared in accordance with the full costing concepts that recognize and incorporate all expenditures of the County, with the exception of unallowable expenditures. Client Name: City Orlando, FL \ Services: User Fee Analysis Engagement Date: 8/05 - 2/06 Description of Services Provided: KPMG performed an independent analysis to determine the full cost of services related to development (including planning and zoning), engineering review, and building permit fees for the City. In order to identify indirect costs, KPMG also performed a City-wide cost allocation plan. KPMG used the following workplan and methodology during the engagement: . Identify the full costs (direct and indirect) of specific City provided services; . Assess the fees currently charged based on full cost of service calculations; . Potentially identify any new development related fees; . Identify indirect costs through a Citywide cost allocation plan; and . Assist the City in developing a methodological approach to track and allocate costs befitting planning and zoning, engineering, and building permitting activities. SECTION III - PROJECT TEAM OVERVIEW The proposed team has been specifically selected to meet the needs and goals of the Department. The Team members' combination of experience and success will assure finished work products that are responsive to the needs described for this important engagement. A. Project Team Organizational Chart The chart below depicts the organizational structure of the Project Team. Page 10 Agenda Item No. 16C7 May 9, 2006 Page 17 of 30 Collier County Utility Billings & Customer Service Department Donald "Chip" Janel David L Dennis Engagement Partner Don Cartel Engagement Manager David Roberts Project Lead I I Sarah CUID AIDill2 Other Support Staff S, Associate S, Associate As Needed B. Project Team Overview The team members named herein have performed similar services described in this proposal for a number of years, providing support throughout the Southeast and the United States. The table below provides a high-level description of KPMG's Project Team outlining each individual's experience and area of responsibility. The summary descriptions below are included to demonstrate the extensive experience and knowledge of our Project Team and our dedication to serve the Collier County Utility Billing and Customer Service Department. KPMG Project Team E" d A f R "b'I' M b xpenence an rea 0 esponsl I Ity em er Page II Agenda Item No. 16C7 May 9, 2006 Page 18 of 30 t . Experience and Area of Responsibility . t . Chip Jones Chip Jones, Client Service Partner. Chip IS a partner In the public services practice for the North Florida business unit, which includes Client Service Partner offices in Tampa, St. Petersburg, Orlando, Tallahassee and Jacksonville. Chip is a licensed CPA in the State of Florida. Chip has been a partner since 1983. He recently served on the Firm's Quality Professional Review Committee, activities of which involve reviews of the audit quality controls and practices of other KPMG offices. He also served as an instructor for KPMG training courses. KPMG will leverage Chip's institutional knowledge of Collier County by having him as the Client Service Partner. Chip will be responsible for: . Quality control over the engagement; and . Overseeing the level of service delivery. Engagement Partner <'_'~~~~' ^'._~ _.__.. ._, ~^__"____~... _, ,'H_" ......_____._ '. .._____"~.'" . ._"',. "~'.--~' -- ,,_..' w_ ,,".- -_.- -"....' ~._- "--'..-~-_. --~ ._~,_._-~-""~--'--'--~-- David Dennis, a partner in KPMG's Risk and Advisory Services practice, has 23 years of professional experience. He has extensive experience in serving public sector organizations in both advisory and audit services. He has been designated a Partner-in-Charge in the Southeast for Government Performance Improvement Consulting. During his career, David has been responsible for managing many large complex projects and in developing comprehensive reports and other deliverables to meet clients' needs. He has served as engagement partner on numerous business process related engagements throughout the Southeast and the United States. As the Engagement Partner, David will: . Be responsible for the overall successful completion of the project while meeting the Department's expectations; . Lead all public forums, status meetings and presentation of deliverables; and . Review all deliverables prior to presentation to the Department. ,~,~"--_.,--~--~._._. David Dennis ~_"_~___,,",~~,~,_,_____'''~''_' _...>..,..._~"_~...",,'~e__' ", Page 12 KPMG Project Team Member Agenda Item No. 16C7 May 9, 2006 Page 19 of 30 .. . .....".... -. II Don Carter Don Carter is a Senior Manager in KPMG's Risk Advisory Services Practice with over 27 years experience in the public sector as a senior manager and an advisor to local government appointed and eJected officials. He is certified by the Association of Government Accountants as a Certified Government Financial Manager. Don has served as project manager for numerous business process risk assessment engagements of State and Local governments. Don will serve as your overall project manager. He will lead our team in the analysis of the Department's organizational structures and business processes. As Engagement Manager, Don will: · Provide administrative, resource, and management control for the duration of the project; · Coordinate all aspects of the engagement; · IdentifY any KPMG resources needed to successfully complete the project; · Serve as your day-to-day primary contact on the KPMG team; · Maintain central involvement in all aspects of the study deliverables; · Perform detailed reviews of policies, procedures, controls, and control weaknesses throughout the Department; and · Provide oversight and guidance to the support staff. .Dav1dRoberts---....~bavTd ROberts'Jsa'Man'a'ge-rlnKPMG's RlskAdvisory serviCes Practic~ David has over 5 years of experience assisting clients in business process Lead Consultant analysis, risk assessment, functional and technical requirements development, quality assurance, and operations management. He works exclusively with government organizations, and has specialized in business process improvement, and mapping. David will be responsible for: Engagement Manager · Supporting the Engagement Manager in conducting the study for the Department; · Coordinating the business process identification efforts among the Project Team; · IdentifYing business process controls or weaknesses within specific business processes; · Ensuring accurate representation of processes with Department staff; · Conducting interviews and focus groups to assess processes and the level of controls/control weaknesses; and · Drafting of deliverables. Page ] 3 . . Experience and Area of Responsibility Agenda Item No. 16C7 May 9, 2006 Page 20 of 30 . . - ~.' ,..d._' ..,. . ,. _ Sarah Curry Sarah IS a Semor Associate In KPMG s Tallahassee PublIc Sector PractIce. Business Process Consultant She has performed a wide variety of professional consulting services to State and local governments for over 8 years. Sarah has maintained an emphasis on Florida, by providing the local clients the following services: business process analysis, risk analysis, efficiency reviews, and costing engagements. Sarah will be responsible for: . Supporting the Engagement Manager and Lead Consultant in conducting the study for the Department; . Collecting and reviewing data; . Conducting interviews and focus groups to assess specific business processes and the level of controls and control weaknesses; . Identifying opportunities for improvement for risk mitigation and increased efficiency; and . Drafting of deliverables. -AH5iaz-.-----------Afuiaz is -as.~ni(;r-A.~so~fate-in KPM G'~ Orlat;X;P~lic-S~tm.Practice~--.AT Business Process Consultant has worked with a variety of organizations in both the private and public sectors and maintains 9 years of professional experience. He has worked on engagements encompassing the following project work: process improvement, internal controls, project management, purchasing/procurement, organizational development initiatives, survey design and administration, and account management. Al will be responsible for: . Supporting the Engagement Manager and Lead Consultant in conducting the study for the Department; . Collecting and reviewing data; . Conducting interviews and focus groups to assess specific business processes and the level of controls and control weaknesses; . Identifying opportunities for improvement for risk mitigation and increased efficiency; and . Drafting of deliverables. Page 14 SECTION IV - METHODOLOGY AND PROJECT APPROACH Agenda Item No. 16C7 May 9,2006 Page 21 of 30 This section of our proposal describes KPMG's work plan for conducting the business process risk assessment for the Collier County Utility Billing & Customer service Department. KPMG understands that the Department is seeking an independent firm to provide a business process risk assessment. The assessment will be performed on select business processes and will focus on the following process elements: . controls; control weaknesses/gaps; inputs/outputs; efficiency; and effectiveness. . . . . KPMG will document and assess specific business process related to revenue collection and management within the Utility Billing & Customer Service Department. The specific business processes to be included in the assessment are provided in Attachment A - Specific Business Processes Included in Scope. In order to effectively understand and evaluate specific business processes, the process must be documented from start to finish. If specific revenue collection and management related business processes cross departmental boundaries to other County divisions or departments, KPMG will continue to document the business process to truly understand the effects on the Utility Billing and Customer Service Department as a whole. To complete the assessment for the Department, KPMG will utilize the following workplan. The workplan will be applied to and incorporate each of the business processes identified in Attachment A - Specific Business Processes Included in Scope. A summary of the workplan tasks and activities are as follows: ,.......,........"..,............ .. .....,...... ....... ....;.. "'.C.,:,"',. .,'.,;..,.-.,......,',...,.,...... ',. "'.. ._.... _.co .. '_.'-.-.' ,'\;<. ..... ',,- .~: ::.<>, :'-: '-, ':':.~:_-;".<~.',...,~,:::,'".::.','\,-;.:::, -,>-->- ,,' ':' ',--':",' ,-- .::i,-,""Y,;"-,;,,, ,:::',.. .:<:>\> "i-';";,::.:.,;-:,i' ':"\::":~ ,,_; Project Kick Off: The project tea'm will conduct a kick off meeting with the '. .' .' .... , Department's project sponsor and other relevant management to review the scope" ,. and deliverables for the project,: Members of theprdject team will be Introduced.< This" me,eting will set the tone for the project and facilitate a project schedule' within the ."'. ~ framework of the Department's normal work ro~tines. . '. ",' 'f'--, ,'",_,.> ;\':,-_"""_; 2 Issue Status Reports: KPMG will issue monthly status reports to Department management that will detail the progression of the project and will list any current or on-going issues that could effect the progression of the project. Page ] 5 Agenda Item No. 16C7 May 9, 2006 Page 22 of 30 Activi Gather. .andMsess.Data: . ... Assess revenue.collection... and.Jnanagelll~nt.. related bus.irless processes focusing{)fl the. tdentification of controls,. contr?ll,Ve~e~~es/gal?s, inputs/outputs; efficiencies, and effectiveness. . ..... . . ... .. ... .. 4 Develop Findings and Recommendations: Findings and recommendations will be developed based on the analysis of the current revenue related business practices. Issue Draft Assessment Report: The. draft assessment report willbe submitted and presented to Departrn~nt management.. The report will not be .lilllite~ to, but .will contain the following: curre..nt business practices, findings, and reco...mm.. e.n. d....a.ti.o. ns.. . . . . ..' " ",,-.'...........-.-..:'..:..,.....-.,. .:........... 6 Review Comments Received on Draft Report: KPMG will respond to feedback and affect any needed modifications or corrections in the draft report. Issue. Final Asse~sment Report:.. The final. assessment report will presented to Dep~entrnanagement. Additional details by task are outlined below. Task #1 - Project Kick orr We will hold an initial project kick off meeting between the project team, the Department project sponsor, and other relevant management. The purpose of the meeting is to introduce the KPMG project team and reaffirm the project's goals and objectives, scope, and proposed workplan. The meeting will include discussions about the data needs, project schedule, and roles and responsibilities ofthe project team and the Department statf. Task #2 - Issue Status Reports The key to the success of this project is effective, routine communication with, and feedback between KPMG and Department management and staff. Department management will be provided with monthly status reports that details the following: . Progress to-date, by task, for each monthly reporting period; . Any pending or resolved issues; and . Deliverable schedule compliance. Task #3 - Gather and Assess Data Page 16 Agenda Item No. 16C7 May 9,2006 Page 23 of 30 The project team will gather specific process information from Department management and staff. This task will enable us to gain an understanding of the current activities performed within specific processes and the departmental organizational structure. This activity will enable us to identifY and highlight non value-added activities, for example: duplication of effort, task specialization or fragmentation of responsibilities, number of approvals, number of hand-offs, bottlenecks, methods used to disseminate information to other departments, and shadow systems. As the processes are being understood conceptually and followed in operation, the processes will also be tested at critical points within the processes to identifY possible control gaps and weaknesses. The data we seek will help determine the economy, efficiency and/or effectiveness of the Department's current revenue related processes. There are three subtasks associated with this task: Requesting and Reviewing Reports and Other Documentation. This information will be reviewed by our project team and used in subsequent analyses, as appropriate. This involves collecting primarily the following data: . Relevant regulations, policies and . Operating and performance data procedures . Copies of prior audits, management and . Planning and budget documents performance reviews, and studies . Organization unit and program descriptions . Inventory of information systems hardware Staffing information and software . Management and financial reports . Current workflow process diagrams . Conducting Interviews. The KPMG team will conduct interviews with key officials, staff and stakeholders. Brief descriptions of the interviews are as follows: · Interviews will be conducted with both management and staff depending on the direct interaction to each business process. · Interviews will be conducted with staff and stakeholders internal and external to the Utility Billing & Customer Service Department. The project team will need to understand the processes from beginning to end even if the processes cross departmental/divisional boundaries. · We will prepare an interview guide in advance of the first interview to ensure consistency and thoroughness throughout the interview process. Interview results will be evaluated to identifY potential issues, as well as to help focus subsequent fact-finding and analysis efforts by the project team. Page 17 -.. .~~.,._,,~.._- Agenda Item No. 16C7 May 9, 2006 Page 24 of 30 Assessment Areas. While assessing the business processes, the project team will be focusing on the following process elements and objectives: . controls; . control weaknesses/gaps; . inputs/outputs; . efficiency; and . effectiveness. Task #4 - Develop Findings and Recommendations As a result of the data gathering and assessment task, findings and recommendations will be developed. Our approach will utilize Firm resources with appropriate technical experience, to the extent necessary. Therefore, the Department will receive the benefit of KPMG's collective experiences. In developing the recommendations, the project team will consider methods to enhance the efficiency and effectiveness of each business process, while simultaneously reducing and mitigating the inherent risk associated with each business process. The recommendations developed as a result of any findings will be developed in a manner that is reasonable and realistic for Department implementation. We envision the findings and recommendations to contain the following elements: . A summary of "quick hits" identified in reviewing the select department's revenue collection and management business processes- these quick hits will represent areas where recommended change can occur rapidly as well as those recommendations that will be dependent on the implementation of new processes. . A summary of non value-added activities, for example: duplication of effort, task specialization or fragmentation of responsibilities, number of approvals, number of hand-offs, bottlenecks, number of copies and routing, frequency of contact with end users, and method used to disseminate information to other departments. . A series of observations and recommendations supporting effective business processes that are efficient and contain safeguards to reduce risk Task #5 - Issue Draft Assessment Report The draft assessment report will contain the results of our research, interviews, and process analyses. Our methodology for developing a business process risk assessment stresses the thorough identification of issues to facilitate the discussion of options and the development of management reform plans. As discussed previously, a wide range of management and operational issues are typically identified in studies such as this. KMPG will also analyze the data gathered from documentation and interviews in order to identify Page \8 Agenda Item No. 16C7 May 9,2006 Page 25 of 30 opportunities to improve productivity and efficiency. It is anticipated that the draft assessment report will contain, but not be limited to, the following: . Executive Summary; Methodology and Approach; Scope of Services; Findings and Observations; and Recommendations. . . . . Task #6 - Review Comments Received on Draft Report After the submittal and presentation of the draft report to the Department, KPMG will respond to feedback and affect any needed modifications or corrections in the draft report. KPMG will move forward and work with the Department to finalize the report. Task #7 - Issue Final Assessment Report The final report will include an executive summary; introduction, including purpose, scope and methodology; governance, including organization and program design; and findings and recommendations. Any needed modifications or corrections based on Department review comments of the draft report will be incorporated into the final repOli. SECTION V - COST OF SERVICES Our proposed professional fee for this engagement is a fixed price of $87,453. The chart below details the cumulative project team hours by each task. The rates are composite, fully burdened rates that include all travel, Page 19 Agenda Item No. 16C7 May 9, 2006 Page 26 of 30 lodging, per diem, report preparation, and duplication expenses. Compensation shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. Description '..>>:..:>. ....... .C)...,...... . ..';.." .. Bours ......... $. Task 1: Project Kick Off 10 2,370 Task 2: Issue Status Reports 9 2.133 Task 3: Gather and Assess Data 150 35.550 Task 4: Develop Findings and Recommendations 120 28.440 Task 5: Issue Draft Assessment Report 40 9,480 Task 6: Review Comments Received on Draft Report 20 4.740 Task 7: Issue Final Assessment Report 20 4,740 369 Total Project Costs 87,453 The County shall pay the Contractor for the performance of this Agreement as follows: The first payment shall be made to the Contractor upon completion of fieldwork, which includes tasks 1, 2 and 3. The second payment will be made to Contractor upon submission and acceptance of the Draft Report, this payment will include Tasks 4 and 5. Final payment shall be made upon completion of Tasks 6 and 7. All payments are contingent on the acceptance and approval of each task completion by the Utility Billing and Customer Service Director or his designee. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Page 20 SECTION VI - SCHEDULE Agenda Item No. 16C7 May 9, 2006 Page 27 of 30 The chart below details the proposed timeline for the engagement. KPMG proposes beginning the project the last week of May, providing a draft report on Sept 1, receiving any draft comments from the Department on Sept 15 (or 2 weeks after delivery of draft report), and providing the final report on Sept 30 (or 4 months after project initiation). This timeframe will shift depending on the official start date of the engagement. The timeframe also is dependent on the ability of the Department to provide requested data and meetings in a timely manner. "d"}",";,'?,"-.' "';'~",>:':" , :Au-g;.06SeP-06 .. Task 1: Project Kick Off Task 2: Issue Status Reports Task 3: Gather and Assess Data Task 4: Develop Findings and Recorrunendations Task 5: Issue Draft Assessment Report Task 6: Review Comments Received on Draft Report Task 7: Issue Final Assessment Report <)EqUaIS Event or Milestone +EqUaIS Deliverable Report Page 21 Agenda Item No. 16C7 May 9, 2006 Page 28 of 30 APPENDIX A _ SPECIFIC BUSINESS PROCESSES INCLUDED IN SCOPE The business processes detailed in the table below are the specific processes that will be included in the scope of services for this engagement. Each process will be evaluated based on the workplan described in Section IV: Methodology and Project Approach. .~.).. Process Name < .... .. .... --:- : ,.' .:. ...c,:j:, Purpose' ."'.<.: Make adjustments to customer accounts for 1 Account Maintenance - Adjustments either under charges or over charges. Maintain customer address information and add 2 Account Maintenance - Miscellaneous duplicate bill information to customer accounts. 3 Bank Draft Maintenance Maintain a customer's bank draft information. 4 Customer Maintenance - New Bank Drafts Process new customer bank drafts. Close the cashiers' cash drawers and balance the transactions entered in the Inhance system and the CD Plus system to the amounts paid by 5 End of Dav Processing - Cashiers the customers. To transfer all payment transactions from the 6 End of Day Processing - Payments Inhance system to Finance's accounting system. Set up payment plans for customers with outstanding balances and with financed impact 7 Enter Customer Payment Plans fees. 8 Enter Effluent Contract Rates Manage effluent contract accounts. Check for illegal connections and process the 9 Process Illegal Connections illegal connections when they are found. Import all lock box payments into the Inhance 10 Process Lock Box Payments system. Process customer payments received at the 11 Process Over the Counter Payments Customer Service front counter. 12 Perform Billing Apply Process monthly charges for the selected cycle. Create an export file ofthe billing GL transactions and email the export file to 13 Perform Billing GL Transfer Finance. Verify and correct the meter reading information prior to performing the apply 14 Perform Billing Verify process. ........-.............\... Process "'TC' ...... <<.... .... .... <,',".' ..... .... ,. ",. Process the meter readings perfonned by the Automated Reading and Repair Technicians and import those readings into the Inhance ]5 Perform Meter Readings system. Select the cycle to be read, prepare the cycle data, and download the cycle data into the handheld meter reading devices and the mobile 16 Prepare Data for Meter Readings co Il ectors. Process bank draft payments for customers in ]7 Process Bank Drafts the cycle that is being Applied. Make adjustments to customer accounts that have cooling towers or fountain meters, Cooling tower accounts will have their sewer charges adjusted based on the amount of evaporation in the cooling tower, accounts with Process Cooling Tower and Fountain fountain meters will have their sewer charges ]8 Meters adj usted based on the fountain water usage. 19 Process Effluent Contract Expirations Manage effluent and contract accounts. 20 Process Meter ExchaJ!g_es Perform all required meter exchanges. The purpose of this procedure is to process a move out, enter a final read for the move out, and enter the move in infonnation for the new 21 Process Move in and Move outs owner. Create new utility accounts in the Inhance 22 Process New Installations system. Generate duplicate bill charges and water and sewer availability charges for the cycle being 23 Process Non-Metered Books processed. Process the payment plans for all of the 24 Process Payment Plans customers in the cycle that have payment plans. Generate penalties for the cycle being 25 Process Penalties processed. Identify and update accounts that are to be 26 Process Pre-Treatment Billing billed a Pre-Treatment charge. Import all web payments into the lnhance 27 Process Web Payments system. Maintain existing rate codes and create new 28 Rate Table Maintenance rate codes in the Inhance system. Process refunds for inactive accounts that have 29 Refunds - Inactive Accounts a credit balance. Agenda Item No. 16C7 May 9, 2006 Page 29 of 30 3 Agenda Item No. 16C7 May 9, 2006 Page 30 of 30 . .........J ProcessNameC . <:,>:> .....' 1<'/: ...... ......: .-.- '.,',", .".,:\'c.'./c.. .. Process refunds for customers with a credit 30 Refunds - Active Accounts balance that request a refund check. Process payments for customers with locked or pulled meters, generate work orders to reinstall or unlock the meters, and update the customer 31 ReinstalllUnlock Meter Processing accounts in the lnhance system. Review certificates of occupancy to identify service locations that need to have water and sewer rate codes added to the service location 32 Review Certificates of Occupancy in the Inhance system. Review the HighlLow report and identify 33 Review the HighlLow Report problem meters before billing is complete. Review the lnactive Meter report and identify 34 Review the Inactive Meter Report accounts to activate for water. 35 Review Meter Locks Apply lock charges and obtain audit number. Unload locked meter data from the handheld devices and generate reports of all meters that 36 Unload Locked Meter Data were locked. 4 Agenda Item No. 16CB May 9,2006 Page 1 of 32 EXECUTIVE SUMMARY Recommendation to execute a potable water bulk services agreement between the Collier County Water-Sewer District and the City of Marco Island in order to provide long term potable water services to the Hammock Bay water service area. OBJECTIVE: The public purpose of this project is to execute a potable water bulk services agreement between the Collier County Water-Sewer District and the City of Marco Island in order to provide long term potable water services to the Hammock Bay water service area. CONSIDERATIONS: The City of Marco Island currently owns and operates a water system located in Collier County that provides potable water service to an area north of Marco Island, east of 951, known as the Hammock Bay Service Area. This area is outside the Collier County Water-Sewer District boundaries. The City of Marco Island does not have adequate water production and treatment capacity to provide long term potable water service to their customers in Hammock Bay and has approached the Collier County Water-Sewer District to provide bulk potable water services. The Collier County Water-Sewer District has adequate potable water production and treatment capacity within its regional water system to meet the current need in the Hammock Bay Service Area as well as the potential need at build out. Staff contracted with PRMG on October 14, 2005, as approved by the Board on May 25, 2005, Item 16C16, to provide a bulk water and wastewater rate study (The City of Marco Island has chosen not to pursue bulk wastewater services from the District). The bulk water rate study recommended a bulk potable water consumption rate of $2.96 per thousand gallons, plus impact fees for reserved capacity. The consumption rate captures the full cost of operating the District's system (the only exceptions are the cost of Utility Billing and the cost of distribution from the point of delivery to the City's water system which will be borne by the City of Marco Island). These rates and fees have been included in the initial agreement and are subject to adjustments based on changes as directed by the Board of County Commissioners resulting from updated rate studies or CPI adjustments. The City of Marco Island will incur all costs of design, construction and testing of the point of delivery and the delivery services. The City agrees to build the point of delivery facilities (meter, backflow device, etc,) in accordance with the current Utilities Standards Ordinance and Utilities Standards Technical Manual and will convey these facilities to the County when completed. FISCAL IMPACT: Fund 411 (Water Impact Fees) will earn revenues based on an initial contracted capacity of 179,000 gallons per day at the current water impact fee of $7.89 per gallon (calculated by dividing the current water impact fee of $2,760 per ERC divided by the ERC equivalent of 350 gallons per day) equal to $1,412,310. Fund 408 (User Fees) will earn revenues on actual potable water consumption. Based on an initial estimated 179,000 gallons per day at a rate of $2.96 per thousand gallons, the potential annual revenue is equal to $193,390. Executive Summary Bulk Potable Water Services Agreement with City of Marco Island Page 2 Agenda Item No. 16CB May 9, 2006 Page 2 of 32 GROWTH MANAGEMENT IMP ACT: There is no impact on the Growth Management Plan. RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve the execution of the Potable Water Bulk Services Agreement between the Collier County Water-Sewer District and the City of Marco Island in order to provide long term potable water services to the Hammock Bay Water Service Area. Agenda Item No. 16GB May 9,2006 Page 3 of 32 ( COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16CB Recommendation to execute a potable water bulk services agreement between the Collier County Water-Sewer District and the City of Marco Island in order to provide long term potable water services to the Hammock Bay water service area. Meeting Date: 5/9/2006 9:00:00 AM Prepared By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 4/25/2006 8:04:47 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/25/2006 3:56 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 4/25/20064:07 PM Approved By Thomas Wides Operations Director Date r Public Utilities Public Utilities Operations 4/25/2006 4:28 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/26/2006 3:22 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 8:58 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20063:44 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/1/200612:19 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/1/20064:25 PM r _W'_._ POTABLE WATER BULK SERVICES AGREEMENT BETWEEN THE COLLIER COUNTY WATER-SEWER DISTRICT AND THE CITY OF MARCO ISLAND THIS AGREEMENT, is made and entered into this day of 2006, by and between The Collier County Water-Sewer District, a political subdivision of the State of Florida, ("DISTRICT") acting by and through its Board of County Commissioners, (District Board) the governing body thereof, and the City of Marco Island, Florida, ("CITY"), acting by and through its City Council, the governing body thereof. RECITALS WHEREAS, the CITY owns and operates a water system located in Collier County, which provides service to an area referred to herein as the Hammock Bay Service Area; and WHEREAS, the CITY desires that the Collier County Water-District (herein "DISTRICT") provide cost-effective, long-term bulk potable water service only within that part of the CITY'S potable water service area as is depicted on Exhibit B, attached hereto, and desires to receive potable water production and treatment services from the DISTRICT, all as specified in this Agreement; and WHEREAS, the CITY has determined that the most cost effective alternative to provide potable water service to the said potable water service area is through the purchase of the subject bulk potable water service from the DISTRICT pursuant to this Agreement; and WHEREAS, the DISTRICT has adequate water production and treatment capacity within its regional water system to meet the CITY'S Initial Contracted Capacity (as defined herein); and WHEREAS, the CITY hereby agrees to connect its potable water system to the DISTRICT'S potable water system to enable the DISTRICT to provide the mutually agreed to quantities of potable water service to the CITY ("Wholesale Water Services") for resale to the CITY'S customers in that geographic area; and WHEREAS, subject to the conditions and limitations cited herein, the DISTRICT agrees to sell bulk potable water service to the CITY (purchaser) for resale to the CITY'S potable water customers within that specific geographic area; and WHEREAS, the DISTRICT and the CITY desire to enter into and execute this 1 r (- Agreement setting forth the terms and provisions for the subject sale and purchase of these Bulk Water Services, NOW THEREFORE, the DISTRICT and the CITY hereby covenant and agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein. SECTION 2. DEFINITIONS. The following words shall have the fol/owing meanings unless the context hereof requires otherwise: "Agreement" shall mean this Potable Water Bulk Services Agreement between the DISTRICT and the CITY. "Average Daily Flow" or "ADF" means the average potable water use measured by metering at the Point of Delivery for any period of time and shall equal the total quantity of potable water delivered divided by the number of days for that period of time corresponding to such quantity of water delivered. "Bulk Water Services" shall mean the potable water services, provided to the CITY by the DISTRICT at the Point of Delivery, and associated with the production, treatment, and transmission of such bulk potable water for exclusive use by the CITY for only resale to the CITY'S retail potable customers situate within CITY'S Service Area as defined in this Agreement. "Billing Period" means that period of time for which bulk potable water is delivered by the DISTRICT to the CITY for Bulk Water Service which serves as the billing determinant basis for which the Commodity Charges are imposed by the DISTRICT, which period will generally average thirty (30) days. "CITY " means the City of Marco Island, a political subdivision of the State of Florida. "City's System" means the potable water system that serves the CITY'S potable water customers. "City Service Area" means that geographic area of the CITY as shown in Exhibit B hereto. "Commodity Charge" means the bulk service water rates charged by the 2 DISTRICT to the CITY for Bulk Water Services provided by the DISTRICT to the CITY pursuant to this Agreement during a Billing Period based on all metered or estimated water flow delivered by the DISTRICT to the CITY at the Point of Delivery. "Contracted Capacity" means the gallonage amount of potable water production and treatment capacity measured at the Point of Delivery expressed on a maximum month daily flow basis that is reserved through this Agreement between the CITY and the DISTRICT for the CITY'S exclusive use for resale to the CITY'S potable water customers only within the geographic area depicted in Exhibit B, attached hereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "CPI" means a price index adjustment factor used to adjust rates based on the "Miami-Ft. Lauderdale MSA, FL. All Items Index" as reported by the United States Bureau of Labor Statistics, which from time to time shall be applied uniformly to all rates for this rate classification of bulk potable water service. "Customers" means the CITY'S potable water customers situate in the subject geographic service area and who purchase the subject water from the CITY. "Days" means calendar days unless otherwise specified. "District Board" means the Board of County Commissioners, Collier County, Florida, as the Ex-Officio Governing Board of the Collier County Water-Sewer District. "DISTRICT System" means the potable water system that serves the DISTRICT and will deliver the subject bulk potable water the CITY Service Area pursuant to this Agreement. "Equivalent Residential Connection' (ERC)" means, with regard to water service, the equivalent gallonage usage requirements of a single-family residential customer. For these purposes, each ERC will have an assigned value of 1.0. The ERC gallonage is and shall continue to be based upon statistical data accepted by the DISTRICT establishing an average residential use, and it is recognized that the usage for some types of residential units may be greater or smaller than the average ERC gallonage assumed for this calculation; Also the ERC may change from time-to-time based upon the rates calculated in the DISTRICT'S then most recent Impact Fee Study. As of the effective date of this Agreement an ERC equals 350 gallons per twenty-four (24) hour day. 3 ( (" May 9, 2006 Page 7 of 32 "Excess Flow" means all metered potable water deliveries at the Point of Delivery expressed in gallons, received during a Billing Period by the CITY from the DISTRICT that exceeds the then Contracted Capacity for the applicable Billing Period, "Fiscal Year" means the twelve month period beginning October 1 st and ending September 30th. "Force Majeure" shall include, but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, acts of any public enemy, wars, blockades, riots, acts of armed forces, epidemics, delays by carriers, inability to obtain materials or rights-of-way on reasonable terms, acts or failures to act by public authorities not under the control of either party to this Agreement, or acts or failures to act by regulatory authorities. "GPO" means "gallons per day." "Maximum Month Daily Flow" or "MMDP' means the Maximum Monthly Flow divided by the number of days for that period of time expressed in days corresponding to such quantity of water delivered for which the Maximum Monthly Flow was measured. "Maximum Monthly Flow" means the highest total potable water use metered at the Point of Delivery for the number of days reflected in any calendar month during the respective calendar year. "MGD" means "million gallons per day." "Point of Delivery" means that geographic point, as identified on sheet _ of the design plans attached hereto as Exhibit A, where the CITY'S System shall be physically connected to the DISTRICT System for the purpose of delivering the subject bulk potable water to the CITY'S System. "Price Index" means the index used by the DISTRICT to adjust its Water Service Commodity Charges to account for inflationary effects of the DISTRICT'S costs of providing potable water service, to avoid expenses of frequent detailed Water Service Commodity Charge rate evaluations. "Transmission Facilities" means those utility facilities, including but not limited to, water mains, valves, continuous read out telemetry, meters, and appurtenant facilities, used directly or indirectly throughout the term of this Agreement to connect the CITY'S System to the DISTRICT'S System at the Point of Delivery, as shown on Exhibit 4 ~~ '_'_C~"...,__ A attached hereto. "Water System Capacity Fees" means the capacity or impact fees expressed on a "per gallon of capacity reserved basis" adopted from time to time by the DISTRICT which shall be charged by the DISTRICT to the CITY to reserve potable water capacity from the DISTRICT'S System. SECTION 3. 3.1. 3.2. 3.3. CITY CONNECTION AND POINT OF DELIVERY. The CITY shall design and construct all Connection Facilities within the CITY'S System that are necessary to receive the subject bulk potable water from the DISTRICT at the Point of Delivery. The construction of the Connection Facilities as identified on Exhibit C shall be the responsibility of the CITY and such Connection Facilities shall remain the property of the CITY. The CITY, at no cost to the DISTRICT, shall obtain all necessary governmental approvals, including permits, for the construction of the Connection Facilities for the connection of the CITY'S System to the DISTRICT System at the Point of Delivery. The design of the Connection Facilities is the sole responsibility of the CITY and shall be adequate to meet the Contractual Capacity requirements at the delivery pressure identified in this Agreement. The CITY will construct the Point of Delivery in accordance with the then current Collier County Utilities Standards and Procedures Ordinance and the then current Utilities Standards and Procedures Manual, which shall include, but not necessarily limited to, isolation valves, backflow prevention device, by-pass, and a potable water master meter for the purposes of determining the amount of Potable Water Services being provided to the CITY by the DISTRICT pursuant to this Agreement. The CITY will be responsible for the design, construction, and testing of all facilities comprising the Point of Delivery and will convey title to all of the same to the DISTRICT in accordance with the County's Utilities Standards and Procedures Ordinance. Upon execution of this Agreement, the CITY will immediately initiate the design and 5 ( construction of the facilities comprising the Point of Delivery and will have such facilities placed into service within three hundred (300) days after execution of this Agreement. The CITY shall pay for all costs of the construction of the Point of Delivery. The CITY shall be responsible for constructing the Connection Facilities and connecting the City System to the District System at the Point of Delivery. The DISTRICT shall have the right to inspect the connection of the CITY Connection Facilities at the Point of Delivery prior to providing the subject Water Service to the CITY in accordance with this Agreement. Upon conveyance of the facilities constituting the Point of Delivery to the DISTRICT, the DISTRICT shall own, operate and maintain such facilities. 3.4. The receipt of Bulk Water Service pursuant to this Agreement shall commence when the Connection Facilities and the facilities constituting the Point of Delivery have been constructed and placed into service by the respective Parties, and the CITY has paid in full for the amount of Contracted Capacity as specified in this Agreement. 6 SECTION 4. METERING OF SERVICE. 4.1 All potable water delivered to the CITY by the DISTRICT under this Agreement shall be measured at the Point of Delivery by meter equipment of standard manufacture. (" 4.2 The quantity of potable water delivered to the CITY shall be determined based on meter readings calculated based on the difference in quantity registered from the previous meter reading, said meter reading being made by the DISTRICT. The CITY can have a representative present at each time the meter is read; notification being provided by the CITY to the DISTRICT of the request to be present at the meter read forty-eight (48) hours in advance of such meter reading by the DISTRICT. 4.3 The DISTRICT will attempt to read the meter on the same day that other meters in that billing cycle are read nearby to the City's Service Area to have each such Billing Period of approximately thirty (30) days, recognizing holidays, weekends, and Force Majeure incidents may affect the timing of such meter readings. 4.4 The DISTRICT will test and calibrate the meter for service at the Point of Delivery once every six (6) months, which will be a cost of the DISTRICT borne by all customers of the DISTRICT. The CITY may install additional metering equipment on its side of the Point of Delivery, to serve as a check meter, which additional metering equipment will be owned, repaired, maintained and, if necessarily replaced, by the CITY. The DISTRICT'S meter will serve as the basis for the determination of potable water delivered at the Point of Delivery for the evaluation of Contracted Capacity utilization and commodity service billing purposes. 4.5 At the request of the CITY, the DISTRICT within thirty (30) days of receiving said request shall provide the CITY with a certified copy of the meter calibration report of the subject Water Service meter at the Point of Delivery. Should the calibration result in finding the meter inaccurate, the DISTRICT will as soon as possible repair or replace the meter so that meter's measurement will be accurate. For purposes of billing charges based on the metered flow, the amount billed during the period that the meter was determined to be inaccurate shall be the average of the prior twelve (12) monthly meter readings. If twelve consecutive monthly readings are not available, then the adjustment to correct the inaccuracy will be made promptly after twelve (12) months of accurate historical readings become available. SECTION 5. RESERVATION OF POTABLE WATER CAPACITY. 5.1. The CITY will receive an allocation of the Water Capacity from the DISTRICT for its resale pursuant to this Agreement upon the payment of Water System Capacity Charges in full to the DISTRICT, The CITY shall have an exclusive right to resale the Contracted Capacity as specified in 7 (- r May 9, 2006 Page 11 of 32 this Agreement. The CITY will have an entitlement to the Contracted Capacity. The CITY will not be responsible for operation, maintenance, repair or replacement of any facilities owned by the DISTRICT. 5.2. 1 . Coincident with the execution of this Agreement, the CITY agrees to reserve Contracted Capacity from the DISTRICT as stated on Exhibit 0, Section 1. This reservation is referred to as the "Initial Contracted Capacity" and will be vested in the CITY only upon payment in full to the DISTRICT of the applicable Water System Capacity Fees. The CITY will pay the DISTRICT based on the Initial Contracted Capacity and the current Water System Capacity Fee as stated in Section 2 on Exhibit D. 2. At such time as the CITY may determine its need to purchase additional potable water Contracted Capacity from the DISTRICT pursuant to this Agreement, the CITY shall provide to the DISTRICT "Notice to Reserve Additional Potable Water Capacity" to request the purchase of an additional increment of Contracted Capacity. The Notice to Reserve Additional Potable Water Capacity shall include, but not be limited to, the increment of capacity requested for reservation, and the requested actual service date for such additional requested potable water Contracted Capacity. If the CITY agrees to purchase additional potable water Contracted Capacity from the DISTRICT, the CITY shall purchase such capacity in increments of not less than 10,000 gallons per day (GPD). 3. In no case shall the Capacity Availability Date for any additional potable water Contracted Capacity being requested by the CITY be less than ninety (90) days nor more than one hundred and twenty (120) from the requested Capacity Availability date specified in the respective Notice. Within ninety (90) days of receipt of said notice from the CITY, the DISTRICT shall inform the CITY in writing whether the additional potable water Contracted Capacity as requested by the CITY will be available as 8 -~,..<<..,_..c.......,,-."," of the requested Capacity Availability Date. If such potable water capacity is determined by the DISTRICT to be available for the subject use by the CITY pursuant to this Agreement, the CITY shall enter into an Additional Contracted Capacity Payment Agreement and pay for such additional Contracted Capacity (in the amount of money determined by using the same methodology as identified in Section 5.2, and promptly thereafter Section 1 (a) in Exhibit D shall then be amended by the DISTRICT to include such increased available Additional Contracted Capacity. Furthermore, with respect to the CITY'S purchase of additional Contracted Capacity, the rate for such additional capacity to be charged by the District shall be at the then current prevailing market rates established by the DISTRICT via Resolution in accordance with the County's then applicable Ordinance. The amended (updated) Section 1 (a) in Schedule D will identify the then applicable total amount of revised (increased) potable water Contracted Capacity purchased by the CITY, and the total cost of said additional capacity. The Amended Section 1 (a) to such updated Schedule D shall thereby specify the increase in capacity above the "Initial Contracted Capacity" as originally identified in this Agreement. Any purchase of additional Contracted Capacity will utilize the methodology in effect for the DISTRICT at that date of actual payment to the DISTRICT, which may require payment in full before any such capacity is reserved to the CITY. 4. The DISTRICT will promptly make available, upon request of the CITY, a copy of the monthly Operating Reports which had been submitted by the DISTRICT to the Florida Department of Environmental Protection (FDEP) which will quantify the average daily flow or capacity use for each individual water plant as all of the same are public records under Florida Law. 5.3. The CITY shall pay a Water System Capacity Fee to the DISTRICT for all potable water Contracted Capacity reserved by the CITY as set forth in Exhibit D. The Initial Water System Capacity Fee on Exhibit D, Section 2 9 May 9, 2006 Page 13 of 32 .-' (b) is based on a study as prepared by the DISTRICT and shall remain in effect until revised from time-to-time by the DISTRICT pursuant to County Resolution as adopted by the Board of County Commissioners. The DISTRICT may, but has no obligation to, give special notice to the CITY of changes to the Water System Capacity Fee. The Water System Capacity Fee will be expressed on a "per gal/on of Contracted Capacity" basis and will always be rounded to the nearest cent for billing and calculation purposes. ...- I 5.4. The DISTRICT is named as the permit holder of the potable water facilities required to provide the potable water Contracted Capacity as it relates to the operation of such facilities by the FDEP and any other regulatory agency which may have jurisdiction with respect to such facilities. The DISTRICT at all times will attempt to operate its utility facilities in accordance with generally accepted utility operating procedures such that its operations should not be in violation of State and/or Federal regulations governing the operation of the facilities with such permit(s); and at all times the DISTRICT shall attempt to renew such permits on a timely basis in accordance with then applicable regulations to maintain such permit(s) in an approved active status mode. In the event that the DISTRICT is not in compliance with the operating permits for all facilities required to provide the Contracted Capacity to the CITY and the DISTRICT is fined or required to implement capital or operational improvements to such facilities as required by any regulatory agency, the CITY will be responsible pro-rata with the DISTRICT'S other potable water customer's costs, including penalties, if any, to the greatest extent than allowed by law. 5.5. The District shall endeavor to deliver the subject Bulk Potable Water Service at the Point of Delivery in accordance with the then current edition of the DISTRICT'S Utilities Standards and Procedures Ordinance and Manual, 10 r 6.1 The CITY will be responsible for the payment of all charges associated with the monthly use of its potable water Contracted Capacity. Per this Agreement, all potable water use will be metered at the Point of Delivery. The rates for service as billed by the DISTRICT will be fair and reasonable and shall reflect at least the DISTRICT'S cost of providing such Bulk Water Service to the CITY. The CITY shall pay the DISTRICT the then applicable Commodity Charge for all metered Bulk Water Service delivered by the DISTRICT to the CITY at the Point of Delivery. The initial Bulk Water Service Commodity Charge is shown on in Section 4 (b)(i) in Schedule D, which is based on a study prepared by the DISTRICT. Beginning on October 1 st of each Fiscal Year and absent a formal review of the Bulk Water Service rates as provided in this Agreement, the DISTRICT will be allowed to adjust the Bulk Water Service Commodity Charge by the application of not less than the Price Index as such Index is defined in this Agreement. The DISTRICT may notify the CITY in advance of changes in the Bulk Water Service Commodity Charge. The Bulk Water Service Commodity Charge will be expressed on a "per thousand gallons of metered potable water as delivered to the Point of Delivery" basis and will always be rounded to the nearest cent for billing and rate calculation purposes. SECTION 6. RATES FOR MONTHLY USE OF CONTRACTED CAPACITY 6.2. Nothing in this Agreement is intended, nor shall be construed, to be inconsistent with any original Exhibit. If it is claimed that there is inconsistency between this Agreement and any original Exhibit (or amended Exhibit), the text of the Agreement shall control to the extent of such conflict(s), if any. When and If any original Exhibit is amended atter the commencement date of the Agreement, the Agreement shall continue to control over each Exhibit except to the extent, if any, the amended Exhibit expressly states that the amendments to the respective Exhibit are in fact acknowledged to be inconsistent with the Agreement, and the acknowledgements expressly specifies the precise extent that the 11 ~ ( ......gelluCl 1l~1I1 '\IU. 10vO May 9, 2006 Page 15 of 32 respective Exhibit, as then being amended, is modifying the Agreement. For example, the respective Exhibit, as amended, must state that "This amendment to Exhibit _ supersedes the Agreement only as follows: ." Whenever an Exhibit is amended, each amended Exhibit must be re-titled and must state the effective date of the amendments such as, for example: "First Amended Exhibit [applicable Exhibit letter]_, effective on the _ day of , 200_, which supersedes the original Exhibit [applicable Exhibit letter]." ( 6.3. The Bulk Water Service Commodity Charges to be billed to the CITY by the DISTRICT will be established periodically, but not less frequently than every three (3) years, by an independent study of the costs associated with providing service as provided in this Agreement. Such study will be performed concurrently with any evaluation of the retail rates of the DISTRICT to provide consistency in the rate determination process. The rates to be applied to the CITY shall be the same as the rates charged to other of the DISTRICT'S customers in the same rate class. 12 (- 6.4. Subject to the terms and conditions of this Agreement, the DISTRICT shall invoice the CITY on a monthly basis in accordance with billing cycle meter readings, calculated charges and other applicable service fees. The invoice shall include, at a minimum, the billing period of service, the amount of Bulk Water Service flows as metered and billed, the rates for service, the amount of the invoice, contact person for questions regarding the invoice, and other information deemed acceptable by the parties. The CITY shall make payment based upon the invoice amount within thirty (30) days after receipt of the invoice from the DISTRICT. If payment is not received by the DISTRICT within thirty (30) days after receipt of the invoice, the CITY shall be liable for the payment of any penalties on the outstanding balance as established from time to time by the DISTRICT, which penalty charges being the same as those applied to all other customers of the DISTRICT as established by Ordinance or Resolution as appropriate. The charging of penalties shall not extend the due date for any payment and any failure to pay may be considered a default under the terms of this Agreement. 6.5. As then specified by Collier County Ordinance No. 2003-71, as hereafter amended (or superseded by another Ordinance), or as provided in the DISTRICT'S Special Act, the subject water service from the DISTRICT to the CITY can be temporarily terminated when bills are delinquent for non- payment. 6.6. If the CITY disputes the accuracy of any meter reading or billed amount, it must in writing notify the DISTRICT of the claimed meter inaccuracy and/or claimed billed amount within forty-five (45) days of the date on the respective disputed billing cycle invoice. All claimed billing cycle invoice errors not thus disputed within forty-five (45) days of receipt of each respective invoice by the CITY shall be considered final and not subject to dispute, However, if it is determined that the master water metered potable water flows through the master meter were incorrectly determined by the meter during a time period, as determined as a result of meter testing, reimbursement based upon a claim of the master meter inaccuracy shall not be applied further back in time than one hundred and eighty (180) days from the date of the DISTRICT'S receipt of such master meter error claim. If the CITY disputes an invoice for the subject Water Service for a specific Billing Period, the CITY shall nevertheless promptly pay in full the monetary amount billed by the DISTRICT. Unless the DISTRICT'S staff agrees that the claimed error is self-evident or obvious when compared to typical average usage and/or historical flows, and therefore agrees that the invoice shall be summarily adjusted prior to the scheduled payment date. If, after payment in full, it is subsequently determined that the billing was in error, then the CITY shall be reimbursed or credited by the DISTRICT, for the respective above stated time period allowed refund (or credit) within thirty (30) days after such determination. 13 e o. May 9,2006 Page 17 of 32 6.7. In the event that the South Florida Water Management District or other governmental unit (including the Board of County Commissioners or its equivalent) with just cause and authority declares a water shortage, then the DISTRICT shall have the right to restrict service to the CITY by the same manner as the DISTRICT restricts service to all of its other customers located within the DISTRICT potable water service territory on a pro-rata share but will not adjust the Bulk Water Service Commodity Charge being billed by the DISTRICT as a result of such restricted service. 6.8. The DISTRICT hereby agrees to use its best efforts to produce, treat, and transmit to the CITY for potable water for resale in the CITY Service Area based on the then Contracted Capacity reservation as purchased by the CITY and paid for in full. r { {' 6.9. The billing of the subject Bulk Water Service will commence no later than thirty (30) days after the completion of the construction of the Point of Delivery by the DISTRICT and the completion of the construction of the Connection Facilities by the CITY for the amount of potable water delivered to the CITY by the DISTRICT and will be subject to rates, fees, and charges as provided in this Agreement. In the event that the potable water flow requested by the CITY to serve the CITY'S Service Area as metered at the Point of Delivery exceeds the Contracted Capacity, as expressed on a maximum monthly flow basis for a Billing Period, the amount of potable water flow above the Contracted Capacity is defined as "Excess Flow" and will be subject to additional Commodify Charges. The additional charges are being imposed upon the CITY to discourage the CITY from using potable water capacity of the DISTRICT System that has not been reserved by and allocated to the CITY by this Agreement. The additional charges for the daily Excess Flow, with the exception of potable water used for emergency purposes or circumstances beyond the control of the CITY (at the sole discretion of the DISTRICT consistent with the 14 1. For the Excess Flow during each Billing Period that is above the Contracted Capacity but less than 125% of the Contracted Capacity, an Excess Flow charge equal to 115% of the DISTRICT'S then otherwise applicable Commodity Charge shall be imposed and shall be paid by the CITY. 2. For the Excess Flow during each Billing Period that is above 125% of the Contracted Capacity but equal to or less than 150% of the Contracted Capacity, an Excess Flow charge equal to 125% of the DISTRICT'S then otherwise applicable Commodity Charge shall be imposed and be paid by the CITY. 3. For any Excess Flow during each Billing Period that is 150% above the Contracted Capacity, such Excess Flow above 150% of the Contracted Capacity will be charged an Excess Flow Charge equal to 150% of the DISTRICT'S then otherwise applicable Commodity Charge, application in other areas of the DISTRICT), shall be determined based on the following schedule: 4. Any decision made at the sole discretion of the DISTRICT concerning excessive potable water usage by the CITY for emergency purposes or under circumstances not under the control of the CITY may be appealed to the Board of County Commissioners of Collier County by the CITY subject to the City providing the County written notice of the Appeal within forty-five (45) days of the date of the invoice for excessive usage by the DISTRICT to the CITY. 6.10. The CITY and the DISTRICT will cooperate with each other in good faith to coordinate the deliveries of the subject potable water to the Point of Delivery so that such deliveries should not exceed the Contracted Capacity for Bulk Water Service then being provided by the DISTRICT to the CITY. If the CITY exceeds 150% of the Contracted Capacity of the monthly average daily flow for three (3) consecutive months, OR four (4) 15 f-\gl::lIIUa 1l~111 I'\IU. 10,,",0 May 9,2006 Page 19 of 32 months in any twelve (12) consecutive month period, the DISTRICT will have the right to require the CITY to contract and pay in full for an increase in the CITY'S Contracted Capacity in an amount sufficient to eliminate such Excess Flow conditions. At no time during the term of this Agreement is the DISTRICT obligated to provide Contracted Capacity in excess of the gallonage than specified in the applicable Exhibit D. r 6.11. Notwithstanding anything elsewhere in this Agreement, the DISTRICT shall not be liable for any consequential damages, and the DISTRICT shall not be liable for any direct damages as the result of the inability or failure to provide to CITY Bulk Water Service pursuant to this Agreement on a temporary, emergency or permanent basis due to Force Majeure or other circumstances not reasonably within the control of the DISTRICT. The DISTRICT shall use its best efforts to provide the Bulk Water Service needed by the CITY to the then applicable Contracted Capacity per the then applicable Exhibit D. Moreover, in the event of restrictions imposed upon the DISTRICT by any regulatory authority or authorities, the DISTRICT reserves the right to reduce the Contracted Capacity and the corresponding and metered Bulk Water Service for the CITY to the extent deemed necessary by the DISTRICT as a result of such imposed restrictions. 16 r 6.12. With regard to the quality of potable water delivered by the DISTRICT at the Point of Delivery, the DISTRICT will endeavor to meet all Federal, State, and local water quality standards as imposed upon the DISTRICT or as may be adopted by the DISTRICT in all then applicable Collier County Ordinances and Resolutions (the "Quality Standards") during the term of this Agreement. To the extent the quality of the potable water delivered by the DISTRICT at the Point of Delivery does not meet the Quality Standards, the DISTRICT will issue notice to the CITY as then required by law. 7.1. The CITY shall own and maintain in accordance with applicable laws and regulations and prudent utility management, solely at its own expense, its water facilities on the CITY'S side of the Point of Delivery, Following conveyance from the CITY, The DISTRICT shall own and be responsible for the facilities comprising the Point of Delivery. 6.13. If the DISTRICT System is unable to deliver potable water to the CITY pursuant to this Agreement, the DISTRICT will attempt to notify the CITY within twenty-four (24) hours of the DISTRICT'S inability to provide such Water Service. The DISTRICT should attempt to notify the CITY with a minimum of twenty-four (24) hours of advance notice of when the DISTRICT will be able to recommence providing such Water Service to CITY. SECTION 7. OWNERSHIP, MAINTENANCE AND REPAIRS. 7.2. The DISTRICT, in accordance with applicable laws and regulations, shall own and endeavor to maintain all raw water wells, treatment facilities, mains, lines, pumps and the other facilities necessary to treat, transport, and deliver the subject agreed upon potable water to the CITY Service Area at the Point of Delivery pursuant to this Agreement. 7.3. All potable water received by the CITY from the DISTRICT at the Point of Delivery will become the responsibility of the CITY for the distribution to its customers and users within the CITY service area as then depicted on Exhibit S, attached hereto, SECTION 8. NOTICES. 8.1. All notices, requests, demands or other communications hereunder shall be in writing and shall be deemed to be properly given if hand-delivered, mailed by certified or registered U.S. Mail, or delivered by a generally 17 accepted overnight courier service, such as Federal Express or United Parcel Service, Written notices shall be addressed as follows: Collier County: Collier County Government 3301 East Tamiami Trail Naples, FL., 34112 Attn: County Manager City of Marco Island: City of Marco Island 50 Bald Eagle Drive Marco Island, Fl., 34145 Attn: City Manager (- 8.2. Either party may, by notice in writing given to the other, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Any notice shall be deemed given on the date such notice is delivered by hand or three days after the date mailed. Each party to this Agreement shall have a continuing duty to promptly notify the other party of any change to any of this information. 8.3. In emergency situations. it may be necessary to use more expeditious methods of notification, including but not limited to phone calls. In those instances, the respective party's emergency contact phone number shall be as follows: 18 City of Marco Island: Manager Utility Operations Phone (239) 825-9003 Collier County: South County Regional Water Plant Plant Manager Phone (239) 455-6188 { SECTION 9. TERM. 9.1. This Agreement shall continue until terminated by (a) mutual agreement of the CITY and the DISTRICT, (b) by the CITY pursuant to Section 9.2, or (c) by default per Section 10 herein below. 9.2. The CITY shall have the unconditional right to terminate this Agreement at any time subject to delivering to the DISTRICT not less than one (1) year's (365 days') advance written notice to the DISTRICT of the decision to terminate this Agreement. Such termination shall be without any financial or other liability whatsoever to the DISTRICT, but shall not affect the CITY'S obligations to pay to the DISTRICT all then unpaid rates, fees and charges or any other then unfulfilled obligations of the DISTRICT. SECTION 10. DEFAULT. If either Party materially fails or defaults in keeping, performing, or abiding by the terms and provisions of this Agreement, then the non-defaulting party shall give written notice to the defaulting party specifying the nature of the default. If the defaulting party does not cure the Agreement provision default within forty-five (45) days after the date of the receipt of the written notice, or upon such other longer reasonable time period to cure as stated in specific notice, then this Agreement, at the option of the non-defaulting party, shall be terminated. Written notice of such termination, including the effective date of the termination, shall be delivered to the termination party to the other party. Each Party hereto also understands that there may be defaults of law, rule and/or regulation apart from this Agreement that as a matter of law, and if possible, must and shall be cured prior to forty-five (45) days of the start of such respective default. Nothing in this Agreement shall be construed to in anyway affect any such obligation to cure. This paragraph is not intended to replace any other legal or equitable remedies available to the non-defaulting party under Florida law, but is in addition thereto. Notwithstanding anything in this Agreement, any failure of the CITY to promptly deliver timely payments to the DISTRICT shall be considered a material default under the 19 May 9, 2006 Page 23 of 32 terms of this Agreement without the necessity for any notice from the DISTRICT to the CITY and such nonpayment by the CITY shall be sufficient grounds for temporary termination of the subject Bulk Water Service from the DISTRICT to the CITY. This provision shall not be applicable only if a specific payment is an unusual payment (which excludes all billing cycle payments at the like) whereby the CITY, absent actual notice to pay from the DISTRICT, would not be charged with knowledge of that unusual and non-recurring obligation to pay. SECTION 11. FORCE MAJEURE. With respect to the matters contemplated by this Agreement, neither party shall be liable or responsible to the other as a result of any injury to property or person, which was caused by any Force Majeure event. SECTION 12. ASSIGNMENT. r This Agreement shall inure to the benefit of and be binding upon successors or assigns of the parties hereto. However, neither the DISTRICT nor the CITY shall assign or otherwise transfer this Agreement (and/or any duty or obligation within this Agreement) without the express prior written permission of the other party, which permission shall not be unreasonably withheld. Any unauthorized attempt to assign or otherwise transfer this Agreement and/or any party's duties or obligations hereunder shall be void ab initio. SECTION 13. AMENDMENT. No amendment, supplement, modification or waiver of this Agreement shall be binding unless executed in writing by both Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision(s) of this Agreement, whether or not similar, unless expressly provided in writing to the other party by the waiving party. Each such amendment, supplement, modification or waiver ( of this Agreement shall be filed with the Clerk to the Board of County Commissioners and with the City Clerk of the CITY, 20 SECTION 14. INDEMNIFICATION. To the greatest extent then permitted by law, the DISTRICT and the CITY agree to indemnify and hold each other harmless from the negligent acts or omissions of themselves, their officers, employees or agents. SECTION 15. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement jf the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 16. APPLICABLE LAW AND VENUE. This Agreement shall be governed by, construed, controlled and interpreted according to the laws of the State of Florida. Venue for any action or proceeding to construe or enforce the provisions of this Agreement shall be exclusively in the Circuit Court in and for Collier County, Florida, SECTION 17. EXECUTION IN COUNTERPARTS. 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. SECTION 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement among the Parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations, discussions or representations, either oral or written, 21 between the Parties and made with respect to the matters contained herein, and there are no warranties, representations or other agreements among the Parties in connection with the subject matter hereof, except as set forth herein. SECTION 19. FILING. Portions of this Agreement may constitute a joint exercise of power, privilege or authority by and between the DISTRICT and the CITY and may be deemed to be an "interlocal agreement" within the meaning of the Florida Interlocal Cooperation Act of 1969, as amended. In recognition thereof, this Agreement shall be filed with the Clerk of the Circuit Court of Collier County and with the Clerk of the CITY. IN WITNESS WHEREOF, the DISTRICT and the CITY have caused this Agreement to be executed effective on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AND EX- OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. By: Deputy Clerk By: Frank Halas, Chairman Approved at to form and legal sufficiency: 'Th~ PJ~ Thomas C. Palmer, Assistant County Attorney CITY OF MARCO ISLAND, FLORIDA (- BY: City Manager 22 ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney .-.., 23 ,,_. ~__,u"_~__"__,"~,,,,_",,~'"~~,","'M___"'_'''' Agenoa Item NO. 1 bGCS May 9,2006 Page 27 of 32 Exhibit A Point of Delivery / CITY staff will promptly provide the required Exhibit A to County staff after it has been prepared by a Florida licensed engineer at the CITY'S expense. COc.oN UO<"> ~~O oai~ Z ;>. CD EroCl) CD2CO :::: 0... (1l "1J C CD OJ <( B9JV 90!AJ9S ABa >toOWWBH a l!Q!lIx3 May 9, 2006 Page 29 of 32 Exhibit C Connection Facilities CITY staff will promptly provide the required Exhibit C to County staff after it has been prepared by a Florida licensed engineer at the CITY'S expense. EXHIBIT 0 BULK WATER SCHEDULE OF FEES AND CHARGES 1) Reservation of Contracted Capacity (as defined in Section 5.2): a) The CITY agrees to reserve 0.179 MGD of Contract Capacity from the DISTRICT, referred to as the Initial Contracted Capacity. 2) Water System Capacity Fees (as defined in Section 5.2): a) The Initial Contracted Capacity will be secured by the CITY through the payment of the Water System Capacity Fee to the DISTRICT. b) As of the date of this agreement, the DISTRICT charges $2,760 per ERC, which has an equivalent usage of 350 gallons per day as stated in the DISTRICT'S Master Plans, or $7,89 per gallon. c) The CITY will pay the DISTRICT $1,412,310 for the Initial Contracted Capacity 3) Water System Capacity Fee Adjustments a) The Water system Capacity Fees may be adjusted by the DISTRICT by Resolution in order to recover the costs of providing service. Notwithstanding the ability to adjust the Water System Capacity Fees, the DISTRICT may apply a price index rate adjustment to such rates upon the effective date established by the Board of County Commissioners, The price index adjustment factor shall represent the change(s) to the then applicable Index applied uniformly to all rates for Bulk Water System Capacity Fees in effect at the time of the application of the price index rate adjustment. May 9,2006 Page 31 of 32 4) Commodity Charges (as defined in Section 2): a) All Bulk Water Service provided by the DISTRICT to the CITY shall be metered at the Point of Delivery and shall be billed in accordance with the following Commodity Charge schedule: b) Commodity Charge: (i) All metered Potable Water Flow.............. $2.96 per 1,000 gallons 5) Excess Flow Charges (refer to Section 6.7): a) In no event during any Billing Period should the metered Bulk Water Service for any particular month which constitutes such Billing Period exceed the Contracted Capacity. To the extent that the monthly Bulk Water Service to the City as metered at the Point of Delivery exceeds the Contracted Capacity, the amount of metered Bulk Water Service above the then Contracted Capacity will be considered by the DISTRICT as Excess Flow. The DISTRICT will impose an additional charge upon all Excess Flow for the amount of Bulk Water Service that is greater than the Contracted Capacity based on the product of i) the Contracted Capacity expressed on a gallons per day on a maximum month flow basis multiplied by ii) the number of days in the Billing Period based on the following schedule: i) For the amount of the Excess Flow during a Billing Period above the then Contracted Capacity but less than 125% of the Contracted Capacity, an Excess Flow charge equal to 115% of the DISTRICT'S effective Commodity Charge during such Billing Period shall be paid by the CITY. ii) For the amount of the Excess Flow during a Billing Period that is above 125% of the Contracted Capacity but equal to or less than 150% of the then Contracted Capacity, an Excess Flow charge equal to 125% of the DISTRICT'S effective Commodity Charge during such Billing Period shall be paid by the CITY. iii) For the amount of the Excess Flow during a Billing Period that is above 150% of the then Contracted Capacity, an Excess Flow charge equal to 150% of the DISTRICT'S effective Commodity Charge during such Billing Period shall be paid by the CITY. Commodity Charge Adjustments a) The Water Service Commodity Charges may be adjusted by the DISTRICT by Resolution in order to recover not less than the costs of providing service. Notwithstanding the ability to adjust the Water Service Commodity Charges, the DISTRICT may apply a price index rate adjustment to such rates annually effective each October 1. The price index adjustment factor shall represent the change in the Miami-Ft. Lauderdale MSA, FL, All Items Index as reported by the United States Bureau of Labor Statistics, or such other adjustment formula as the DISTRICT may then be applying uniformly to Bulk Water Service Commodity Charges that may be in effect at the time of the application of the price index rate adjustment. Agenda Item No. 1601 May 9,2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a letter of agreement with the Agency for Health Care Administration for $71,943 from the Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic OBJECTIVE: To use existing budgeted funds for FY 06 within the Human Services Department for operating the Horizons Primary Care Clinic located at 5262 Golden Gate Parkway. CONSIDERATIONS: The Board of County Commissioners approved submission of supporting an application for future funding beyond December 31, 2005 for Collier Health Services, Inc. to operate the Horizon's Primary Care Clinic. The agreement for continued funding was approved through the support the Board provided to Collier Health Services, Inc. with their application to the Florida Department of Health. The amount of the new agreement is less than the original allocation and requires a local match of $7 I ,943 that has been budgeted within existing funds associated with the Human Services Department. This agreement requires local and state matching dollars, which are provided to the Agency for Health Care Administration (AHCA), the state entity that provides Medicaid Services in Florida and operates the Upper Payment Limit Program. This program takes local funds and through an agreement between the local government and ACHA uses these funds to obtain federal matching dollars. Collier County Government has participated the last two and a half fiscal years in the Upper Payment Limit program associated with the Agency for Health Care Administration (AHCA) to fund the Horizon's Primary Care Clinic. The local contribution for the last two and a half years has been $ I 64,400; however, the agreement between the Department of Health and Collier Health Services, Inc., which operates the Horizon's Primary Care Clinic, ended December 31, 2005 and a new agreement was established at a reduced annual local match for the agreement period. Given this fact, while the Board of County Commissioners has committed funds from the Human Services' budget in FY 06 of $ I 64,400 the letter of agreement through December 31, 2005 required a local match amount of $82,200 plus the new letter of agreement for January 1, 2006 through June 30, 2006 requires $71,943 for a total FY 06 amount required of $154,143. The $71,943 amount will be matched with $71,943 in State general revenue, which in turn will generate an additional $206,552 in federal matching funds through the upper payment limit program to operate the clinic. Agenda Item No. 1601 May 9, 2006 Page 2 of 5 FISCAL IMPACT: The fiscal impact is $71,943 of existing funding associated with the Human Services Department FY 06 budget to participate in the Upper Payment Limit Program will provide continuation funding in support of Horizons Primary Clinic. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve and sign the agreement with the Agency for Health Care Administration. Submitted by Terri Daniels, Grants Supervisor Agenda Item No. 1601 May 9,2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1601 Recommendation that the Board of County Commissioners authorize the use of $71 ,943 from the Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. Meeting Date: 5/9/2006 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 4/24/20064:23:10 PM Approved By Barry Williams Human Services Director Date Public Services Human Services 4/25/2006 2:39 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 4/25/20066:29 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/2006 9:56 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/200610:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/2/20066:22 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 5/3/2006 9:01 AM Agenda Item No. 16D1 May 9, 2006 Page 4 of 5 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 9th day of Mav ,2006 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, 1. Per Senate Bill 2600, the General Appropriations Act of FY 2005-2006, passed by the 2005 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount not to exceed a grand total of $71 ,943 for the fo llowing programs: $71,943 is to fund the Medicaid Inpatient Upper Payment Limit program, a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: 1. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. 11. Special Medicaid payments to hospitals that provide enhanced services to low-income individuals. 2. The County will pay the State an amount not to exceed the grand total amount of$71,943. The County will transfer payments to the State in the following manner: a) A payment of $ 71,943 is due no later than June 1, 2006. b) The State will bill Collier County. 3. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2005-06 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 4. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 5. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. Agenda Item No. 16D1 May 9, 2006 Page 5 of 5 6. The County confIrms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re-direct any portion of the Medicaid supplemental payments in order to satisfy non-Medicaid activities. 7. This Letter of Agreement covers the period of July 1, 2005 through June 30, 2006. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. COLLIER COUNTY HUMAN SERVICES BY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Frank Halas, Chairman Board of County Commissioners Deputy Clerk Date: May 9,2006 STATE OF FLORIDA: Approved as to form and legal sufficiency Assistant County Attorney Collier County By: Carlton D. Snipes Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration May 9. 2006 Date Agenda Item No. 1602 May 9,2006 Page 1 of 5 EXECUTIVE SUMMARY Agreement Between Collier County and the Collier County Sheriff's Office to Designate Collier County Domestic Animal Services in Charge of Managing the Sale and Disposition of Impounded Animals and Animals Found in Distress Pursuant to Chapter 588 and Chapter 828, Florida Statutes, and ~14, Article II, Code of Laws and Ordinances of Collier County, Florida Statutes. OBJECTIVE: For the Board of County Commissioners to approve the attached Agreement between Collier County Domestic Animal Services ("DAS") and the Collier County Sheriffs Office (CCSO) in which the Sheriffs Office agrees to the designation ofDAS to perform all duties that Chapter 588 and Chapter 828, Florida Statutes, authorize the CCSO to perform, including but not limited to, the sale and disposition of animals and handling of the proceeds from the sale of any such animals. The County agrees to permit DAS to assume all ofthe auction duties referenced in Chapter 588 and Chapter 828, Florida Statutes. CONSIDERA TIONS: DAS frequently impounds and maintains livestock and other domestic animals which have been found roaming at large within the County, impounded by local law enforcement, or found in distress. Chapter 828, Fla. Stat., provides that the Sheriff shall sell the animals found in distress at public auction after a court determination that the animal's owner is unable or unfit to provide for the animal. DAS and the Sheriff's Office have agreed to incorporate this statute to allow DAS to manage the disposition of livestock and animals more efficiently. FISCAL IMPACT: No significant fiscal impact will be experienced by the approval of the attached agreement. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this agreement. RECOMMENDATION: Approval of the attached agreement designating DAS to manage the sale and disposition of impounded livestock and animals as permitted by Florida Statutes Chapter 588, Florida Statutes Chapter 828, and Section 14, Article II of the Code of Laws and Ordinances of Collier County, which is endorsed by the Director of Domestic Animal Services and the Collier County Sheriff. Accordingly, it is recommended that the Board approve this agreement and authorize the Chairman to execute the attached Agreement. PREPARED BY: Colleen M. Greene, Assistant County Attorney Margo A. Castorena, Director, Animal Services Agenda Item No. 16D2 May 9,2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Agreement Between Collier County and the Collier County Sheriffs Office to Designate Collier County Domestic Animal Services in Charge of Managing the Sale and Disposition of Impounded Animals and Animals Found in Distress Pursuant to Chapter 588 and Chapter 828. Florida Statutes. and 14, Article II, Code of Laws and Ordinances of Collier County, Florida Statutes. Meeting Date: 5/9/2006 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4124/20063:21 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 4/25/2006 6:24 PM Approved By Margo Castorena Director Date Public Services Domestic Animal Services 4126/2006 11: 14 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 9:06 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/27120069:55 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 41271200611:30AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4128120064:14 PM Agenda Item No. 1602 May 9, 2006 Page 3 of 5 AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY SHERIFF'S OFFICE TO DESIGNATE COLLIER COUNTY DOMESTIC ANIMAL SER VICES IN CHARGE OF MANAGING DISPOSITION OF IMPOUNDED ANIMALS AND ANIMALS FOUND IN DISTRESS PURSUANT TO CHAPTER 588 AND CHAPTER 828, FLORIDA STATUTES AND S 14, ARTICLE II, CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY. This Agreement is entered into this day of 2006, by and between Collier County, a political subdivision of the State of Florida ("County"), and the Collier County Sheriff's Office ("CCSO"). WHEREAS, the County finds that to better facilitate the orderly and timely auctioning of impounded animals and animals found in distress and held in the custody of Collier County Domestic Animal Services ("DAS") pursuant to Chapter 588 and Chapter 828, Florida Statutes, Section 14, Article II, Code of Laws and Ordinances of Collier County, it is critical that DAS be able to schedule and conduct auctions independent and free of the need to coordinate such activities with the CCSO; and WHEREAS, Chapter 125, Florida Statutes, authorizes the County to enter into agreements with other governmental agencies within the county for the performance by one unit on behalf of the other, of any of either agency's authorized functions; WHEREAS, Chapter 588 and Chapter 828, Florida Statutes, autporizes county sheriffs such as the CCSO to conduct animal auctions of impounded animals including livestock and animals found in distress, and the CCSO is agreeable to designate DAS to perform these auction functions on its behalf. NOW, THEREFORE, for good and sufficient consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: . . . 'Agreement between CCSO and DAS Page 2 of 3 Agenda Item No. 1602 May 9, 2006 Page 4 of 5 1. Designation of DAS to Perform Duties. The CCSO agrees to the designation of DAS to perform all duties that Chapter 588 and Chapter 828, Florida Statutes authorizes the county sheriff to perform including, but not limited to, the sale and disposition of livestock and animals found in distress and the handling of proceeds from the sale of any such animals. The County agrees to permit DAS to assume all of the auction duties referenced in Chapter 588 and Chapter 828, Florida Statutes. 2. Term. This Agreement shall commence upon its signing and is of indefinite duration subject to termination by either party, with or without cause, on thirty (30) days written notice to the other party. This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of the parties. 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 matter set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This agreement supersedes prior auction-related agreements of the parties including the Agreement entered on or about February 8, 2005. 3. Responsibilities. DAS accepts only those auction-related responsibilities or powers as set forth in this Agreement and pursuant to Chapter 588 and Chapter 828, Florida Statutes. The DAS does not assume any responsibilities or powers other than those set forth in this Agreement. 4. Relationship. It is expressly understood and intended that although DAS will be performing auction-related duties as the CCSO's designee, at all times DAS will be acting on behalf of the County and not as an agent of the CCSO. This agreement is not intended to create a partnership between the CCSO and DAS. . l >Agreement between CCSO and DAS Page 3 of 3 Agenda Item No. 16D2 May 9,2006 Page 5 of 5 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: DWIGHf E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRANK HALAS, CHAIRMAN By: A TI'EST: .---COLLIER COUNTY SHERIFF'S OFFICE -.".... ~ I ~ (/.~- ( \~D ER, SHERIFF ", '-" By: M~"/.~.+ Print Name: 1H..bru"""'- ~ lk.r".jLJ Approved as to form and legal sufficiency: COLLIER COUNTY DOMESTIC ANIMAL SERVICES C~~ i1ltl~ Colleen M. Greene / Assistant County Attorney ,lD \.Q.'t.\ <<0 ,...,_~;".,,,",,''',".,_",''',,,,_,,,_,,,_,''''.~. I Agenda Item No. 1603 May 9,2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve the creation of a Program Leader - Sports Coordinator position to be split funded by the Tourism and Parks and Recreation Departments Obiective: To promote off-season tourism through hosting athletic tournaments. Considerations: The opening of North Collier Regional Park creates new opportunities for Collier County to host local, regional, and national athletic tournaments and events. Sports tourism generates tremendous business for a destination and can be targeted to the times of year that the facilities and hotels most need the business. Lee County generated 80,000 hotel room nights from sports events in 2005 and Pinellas County generated 61,000 hotel room nights from sports events in 2005. Sports such as soccer, lacrosse, softball, flag football, tennis, swimming, water polo, and synchronized swimming all will fit very well into the various sports venues in Collier County. The Tourism and Parks and Recreation Departments have been working cooperatively with the Sports Council to position the County to recruit such events in to promote tourism, particularly during the off-season. At its January 23, 2006 meeting, the Tourism Development Council voted unanimously to cost share up to $20,000 for a Sports Coordinator position within the Parks and Recreation Department. The duties of the position will be to promote Collier County as a sports destination, attending trade shows and making sales calls; recruit and host athletic tournaments; and to coordinate and attend monthly meetings of the Sports Council. Parks and Recreation will use an existing .5 Recreation Worker position within the North Collier Regional Parks Athletic budget. This current position needs to be increased to a full FTE and be reclassed to a Program Leader. The position will report to the Recreation Supervisor over Athletics and Special Events at North Collier Regional Park. Fiscal Impact: Parks and Recreation will include the new position within its FY 07 budget request, showing an intergovernmental transfer of funds from the Tourism Department. Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approves the creation of a Program Leader - Sports Coordinator position to be split funded by the Tourism and Parks and Recreation Departments. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 1603 May 9, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1603 Meeting Date: Recommendation to approve the creation of a Program Leader Sports Coordinator position to be split funded by the Tourism and Parks and Recreation Departments. 5/9/2006 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4/26/2006 4:42 PM Approved By Barry Williams Human Services Director Date Public Services Human Services 4/27/20063:17 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20064:35 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4128/2006 9:51 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office Commissioners 4128/20064:16 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/2006 5:59 PM Agenda Item No. 1604 May 9, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve a Memorandum of Understanding with the School District of Collier County to Provide for Employee Screening in Compliance with the Jessica Lunsford Act OBJECTIVE: That the Board of County Commissioners approve a Memorandum of Understanding with the School District of Collier County to provide for screening of County employees in compliance with the Jessica Lunsford Act. CONSIDERATIONS: a Florida law enacted in 2005, known as the Jessica Lunsford Act, Florida Statute 10 I 2.32 and 10 I 2.465, requires that those individuals who are permitted access on school grounds when students are present, or have direct contact with students, or have access to or control school funds, be screened according to the Level 2 criteria in Section 435.04, Fla. Stat. In keeping with the requirements ofthis legislation, the District is requiring that contractors, vendors and others, whose employees or agents are on school grounds on scheduled school days, be fingerprinted by the District utilizing the District's digital live scan print equipment. Certain County employees will be on school grounds while fulfilling their job responsibilities to the County. Since the County has the capability and equipment to fingerprint and screen its employees in accordance with the requirements established under Level 2 criteria in Section 435.04, Fla. Stat., the Memorandum of Understanding presented herewith will provide for screening to be conducted by Collier County for its employees who will have access to students. By doing so, Collier County will have the ability to control costs associated with this process and will have the capability to provide results of background screenings within hours rather than days. This MOU has been reviewed and approved by the County Attorney's staff. GROWTH MANAGEMENT: There is no growth management impact associated with this item. FISCAL IMPACT: Funds are available in the Parks & Recreation budget to provide for the required background checks, and it is expected that these costs will amount to approximately $5,000 annually. RECOMMENDATION: That the Board of County Commissioners approve a Memorandum of Understanding with The School District of Collier County to provide for background screening of County staff who will be in contact with students. Background checks will be conducted in full compliance with Level 2 criteria of Section 435.04, Fla. Stat, Prepared by: Kathy Carpenter, Executive Secretary Public Services Administration Date: 4/13/06 Agenda Item No. 1604 May 9,2006 Page 2 of 6 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding dated this _ day of . 2006. is made and entered into by and between Collier County, Florida ("County") and The School District of Collier County ("District"). WHEREAS, Florida enacted a law in 2005, known as the Jessica Lunsford Act. Florida Statute 1012.32 and 1012.465. requires that certain County employees who are permitted access on school grounds when students are present, or have direct contact with students, or have access to or control school funds, be screened according to the Level 2 criteria in Section 435.04, Fla. Stat., and WHEREAS, Section 1012.32 provides. in-part. that "persons subject to this subsection found through the fingerprint processing to have been convicted of a crime involving moral turpitude shall not be employed, engaged to provide services. or serve in any position requiring contact with students". and WHEREAS, the term "a crime involving moral turpitude" is not defined by statute, and WHEREAS. the District has resolved through Resolution 05-01 that a definition of the phrase "a crime involving moral turpitude" is necessary to permit enforcement of the laws of this state by District personnel, and WHEREAS. the following definition of "a crime involving moral turpitude" shall be utilized by the District, in performing its law enforcement duties. and will require the County through this Memorandum of Understanding to follow the procedure to perform its law enforcement duties, to-wit: "A crime of moral turpitude is a crime that is evidenced. by an act of baseness, vileness, or depravity in the private and social duties, which, according 10 the accepted standards of the time a man owes to his or her fellow man or to society in Agenda Item No. 1604 May 9,2006 . Page 3 of 6 general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude." WHEREAS, the District finds that the foregoing definition is based upon an existing rule found in the Florida Administrative Code, and, further, that it comports with community standards in Collier County, Florida, and that it is the collective judgment of the District that the definition is appropriate for use by the District and the County. WHEREAS, the District at this time is requiring that contractors, vendors and others, whose employees or agents are on school grounds, be fingerprinted by the District utilizing the District's digital live scan print equipment; and WHEREAS, the County expects that certain County employees will be on school grounds while fulfilling their job responsibilities to the County; and WHEREAS, the County has the capability and equipment to fingerprint and screen employees of the County under Level 2 criteria in Section 435.04, Fla. Stat. NOW THEREFORE, in consideration of these mutual covenants and provisions, the County and District hereby agree as follows: 1. The above recitals are true and correct and are incorporated into this Memorandum of Understanding for all purposes. 2. The County will perform security screening meeting Level 2 criteria in Section 435.04, Fla. Stat., including fingerprinting (on digital live scan print equipment), statewide criminal and juvenile justice records checks through the Florida Department of Law Enforcement, and federal criminal records checks from the Federal Bureau of Investigation. Screening will also include local criminal records checks through local law enforcement agencies. The County will notify the District of any subsequent arrests. '""''',.,''''"'''',...."'".""''''~.,';.,',..,,_,,,..,,...""_'''''''_~_._.__.""""'",,',,""~..""'"'"."."'...N." Agenda Item No. 1604 May 9, 2006 Page 4 of 6 The County will assure the District that only those County employees who have 3. been screened to Level 2 and have passed the screening process will be assigned to work on school grounds. 4. Subject to the limitations of Section 768.28, Fla. Stat., the County shall indemnity, defend and hold harmless the District, its Board members and employees from and against any liabilities whatsoever, occasioned wholly by the negligence of the County, its officers or employees with respect to any activity associated with the work or service under this agreement. 5. The District will accept the employee Level 2 screening done by the County as sufficient to meet the requirements of the Jessica Lunsford Act and will not require County employees to be screened by the District. 6. To the extent possible under existing law, the County agrees that it will make its screening data relative to its employees working on school grounds available to the District upon request. ATIEST: DWIGlIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: , Deputy Clerk By: FRANK HALAS, Chairman Approved as to form and le~s~~ ~ RoLS. ~;;;,/t Assistant County Attorney Agenda Item No. 1604 May 9, 2006 Page 5 of 6 ATIEST: TIm SCHOOL DISTRICT OF COlJ..IER COUNTY, FLORIDA RAYMOND J. BAKER, Superintendent By: KATHLEEN CURA TOLD, Chairman Approved as to form and legal sufficiency: Richard W. Withers School Board Attorney Agenda Item No. 1604 May 9,2006 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1604 This item continued from the April 25, 2006 BCC Meeting. Recommendation that the Board of County Commissioners Approve a Memorandum of Understanding with the School District of Collier County to Provide for Employee Screening in Compliance with the Jessica Lundsford Act. Item Summary: Meeting Date: 5/9/2006 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4/13/200611:30 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 4/13/20063:43 PM Approved By Amanda Townsend Operations Coordinator Date Public Services Parks and Recreation 4/27/2006 3:17 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20064:07 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20064:15 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/28/200611:41 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20064:18 PM Agenda Item No. 1605 May 9,2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve purchase of furnishings for the Senior Center addition to East Naples Community Center in the amount of $48,516.33 from Office Furniture and Design Concepts Obiective: To furnish for the Senior Center addition to East Naples Community Center in an ample and cost-effective manner. Considerations: The Parks and Recreation Department and the Human Services Department have partnered to create a permanent home for the Senior Connections lunch program at East Naples Community Park. The Departments jointly applied for and were awarded a Community Development Block Grant from the Financial Administration and Housing Department. The grant is partially funding the construction of a 2500-square- foot addition to the existing community center building that will house the program that serves hot nutritious meals to the community's low-income elderly. The addition will also provide recreation programming space during off-hours. The addition is scheduled to open to the public in June. Office Furniture and Design Concepts has developed a quotation for furnishing the addition with office and meeting room furniture under State Contract No. 425-001-01-1. Fiscal Impact: Additional funds are needed to fund this purchase and provide a contingency as the project nears completion. Staff has prepared a budget amendment appropriating funds from a cancelled capital project to cover these expenses within the East Naples Senior Center project (34207). Source of funds is Parks Improvement CIP (306). Growth Management Impact: The value of the improved facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approves purchase of furnishings for the Senior Center addition to East Naples Community Center in the amount of$48,516.33 from Office Furniture and Design Concepts. Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department ,'-....... Item Number: Item Summary: Meeting Date: Agenda Item No. 1605 May 9, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1605 Recommendation to approve purchase of furnishings for the Senior Center addition to East Naples Community Center in the amount of $48,516.33 from Office Furniture and Design Concepts. 5/9/2006 9:00:00 AM Approved By Kathy Carpenter Public Services Executive Secretary Date Public Services Admin. 4/13/20062:47 PM Approved By Scott Johnson Administrative Services Purchasing Agent Date Purchasing 4/13/20063:15 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/13120063:32 PM Approved By Barry Williams Public Services Human Services Director Date Human Services 4/27/20063:16 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/27/20064:09 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 4/28/2006 5:26 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 5/1/200612:14 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/1/20064:27 PM Agenda Item No. 1606 May 9, 2006 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve a Letter of Understanding and Fee Schedule with Muller-Thompson and Naples Funeral Homes for indigent burial services OBJECTIVE: The objective is to provide burial services to indigent Collier County residents. CONSIDERATION: According to Florida Statute 415.407(4), individual counties in Florida are required to provide indigent burial services. The Board of County Commissioners adopted Resolution 99-408, effective November 9, 1999 establishing the policies and procedures for indigent burials and cremation and adopted a fee schedule. The Human Services Department established verbal agreements with two area funeral homes Muller-Thompson Funeral Home and Naples Funeral Home to provide burial services for indigent individuals based upon that resolution; however, the Purchasing Department and the Human Services Department have met with the participating vendors to establish written letters of agreement according to the terms established in the resolution. The Purchasing Department in conjunction with the Human Services Department have contacted other funeral homes for interest in this program and the two vendors described above indicated the only interest. In addition, both Muller-Thompson and Naples Funeral Home contract for vault services with The Fort Myers Vault Company. As this company is the only vendor available in the region for this service, they are identified as the sole source vault vendor and fees associated with their service are included in the fee schedule attached. FISCAL IMP ACT: The dollar amount negotiated for Infant Burial services has increased to $795 with an estimated annual amount expected of $2,000, which is within the current FY 06 budget. GROWTH MANAGEMENT IMP ACT: There is no growth management impact from this recommendation. RECOMMENDATION: The Board of County Commissioners waive the competitive process in the best interest of the County and approve the agreements (s) with Naples Funeral Home, and Muller-Thompson Funeral Home and authorize the Chairman to sign the agreement. Agenda Item No. 1606 May 9,2006 Page 2 of 15 Prepared by: Candice Franco, Case Management Supervisor Agenda Item No. 1606 May 9,2006 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1606 Item Summary: Recommendation to approve a Letter of Understanding and Fee Schedule with Muller- Thompson and Naples Funeral Homes for indigent burial services. Meeting Date: 5/9/2006 9:00:00 AM Prepared By Candice F. Franco Case Management Supervisor Date Public Services Human Services 4/24/20064:26:17 PM Approved By Barry Williams Human Services Director Date Public Services Human Services 4/27/20063:18 PM Approved By Barry Williams Human Services Director Date Public Services Human Services 4/27/20063:18 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4/27120064:10 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/27120064:38 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/28/2006 7:55 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/20068:19 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/28/2006 11 :36 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4128/20064:22 PM Agenda Item No. 1606 May 9, 2006 Page 4 of 15 ~ COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 2391774-8995 FAX: 239/732-0844 email: ScottTohnson@colliergov.net May 9, 2006 Naples Funeral Home Michael D. Hall 3107 Davis Blvd Naples, FL 34104 Re: Burial Services Contract Dear Mr. Hall, As per a mutual agreement between Collier County, hereinafter called the "County" and Naples Funeral Home., hereinafter called the "Contractor", this Letter of Understanding shall be made a component of the attached Purchase Order for the services described as follows: Statement of Work: The Contractor shall provide funeral home services for the indigent as well as other services as may be requested in writing by the County as per the following procedures: 1. Burial of indigent adults and children shall require a minimum of a manufactured pressed board cloth covered casket and a concrete liner. 2. At the discretion of the Funeral Director, burial of indigent decomposed bodies may require a metal sealed unit similar to the brand name Ziegler, without a casket; a concrete liner shall be required for interment. 1 Agenda Item No. 1606 May 9, 2006 Page 5 of 15 3. Burial of indigent still-born and other infants (0-2 years) shall require a casket vault, dome sealed, fiber plastic, weather- proofed casket. A concrete liner shall not be required for interment. 4. The funeral director shall provide embalming or cremation, clothing, transportation, grave markers, and will secure all necessary legal documents. 5. The Veteran's Service Office will be responsible for ordering a grave marker for indigent veterans. Markers will be shipped to the Transportation Department whose staff will be responsible for installation at the proper grave site within 15 days of receipt. 6 The funeral home providing service for indigent deceased shall advise the Human Services Department of the desired date and time for burial. The Human Services Department shall request from the Real Property Department provision of burial space and opening and closing of the grave. The Real Property department requires forty-eight (48) hours notice for the provision of services. The Real Property Department shall confirm burial arrangements with the funeral home. 7. After the service is provided by the funeral home, an itemized statement requesting payment shall be sent to the Human Services/Social Services program case manager. The social services program will prepare a purchase order for payment to the funeral home according to the agreed upon fee schedule (see attached). The Human Services Director or designee will authorize payment and the purchase order will be sent to the finance department for payment. After disposition of the indigent deceased has been accomplished, an itemized statement requesting payment shall be presented to the Human Services Department by the Contractor providing the service. The fee schedule shall be as per Attachment "A" unless otherwise mutually agreed-upon in writing by the Human Services Department Director or their designee, and the Contractor. Upon review and approval of the invoice by the Human Services Department Director or their designee, the bill will be sent to the Clerk of Courts Finance Department. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 2 Agenda Item No. 1606 May 9, 2006 Page 6 of 15 Additional services as required shall be mutually agreed upon in writing by the Human Services Department Director or their designee, and Contractor. Term: The contract shall be for a hvo (2) year period, commencing on date of award by the Board of County Commissioners, and terminating hvo years from that date in 2008. The County reserves the right to renew said contract with consent of the Contractor for an additional hvo (2) year contract period under the same terms and conditions. No Partnership: Nothing herein contained shall create or be construed as creating a partnership behveen the County and the Contractor or to constitute the Contractor as an agent of the County. Permits, Licenses, Taxes: In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Termination: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. No Discrimination: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 3 Agenda Item No. 1606 May 9,2006 Page 7 of 15 Insurance: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. (Occurrence Form) patterned after the current 1.5.0. form with no limiting endorsements. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. C. Professional Liability: Coverage shall have minimum limits of $500,000. D. Automobile Liability: Coverage shall have mmlmum limits of $300,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/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. 4 Agenda Item No. 1606 May 9, 2006 Page 8 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Naples Funeral Home By: FIRST WITNESS Type/Print Name and Title Type/Print Name Affix the "(Corporate Seal}" OR type/ print" (Corporate Seal)" SECOND WITNESS Type/Print Name Date: OWNER: ATTEST: COMMISSIONERS OF BOARD OF COUNTY COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Frank Halas, Chairman Approved As To Form and Legal Sufficiency: Robert Zachary Assistant County Attorney 5 Agenda Item No. 1606 May 9,2006 Page 9 of 15 EXHIBIT A Collier County Human Services Department Indigent Burial/Cremation Effective May 9, 2006, upon approval by the Board of County Commissioners, the fee schedule for indigent burials/cremation is as follows: ADULT BURIAL $1600.00 ADULT CREMATION $ 450.00 INFANT BURIAL $ 795.00 INFANT CREMATION $ 75.00 VETERAN IN RECEIPT OF COMPENSATION $1000.00 OR PENSION - VA Burial allowance is $300. for Burial Services and $300. Plot Charge VETERAN DIES OF SERVICE CONNECTED Arrange burial plot CONDITION - VA Burial allowance is $2000. for Burial Services and $300. for Plot Charge 6 Agenda Item No. 1606 May 9,2006 Page 10 of 15 ~ COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774-8995 FAX: 239/732-0844 email: ScottTohnson@colliergov.net May 9, 2006 Muller-Thompson Funeral Home Todd Muller 2011 Pine Ridge Road Naples, FL 34109 Re: Burial Services Contract Dear Mr. Muller, As per a mutual agreement between Collier County, hereinafter called the "County" and Muller-Thompson Funeral Home., hereinafter called the "Contractor", this Letter of Understanding shall be made a component of the attached Purchase Order for the services described as follows: Statement of Work: The Contractor shall provide funeral home services for the indigent as well as other services as may be requested in writing by the County as per the following procedures: 1. Burial of indigent adults and children shall require a minimum of a manufactured pressed board cloth covered casket and a concrete liner. 2. At the discretion of the Funeral Director, burial of indigent decomposed bodies may require a metal sealed unit similar to the brand name Ziegler, without a casket; a concrete liner shall be required for interment. Agenda Item No. 1606 May 9, 2006 Page 11 of 15 3. Burial of indigent still-born and other infants (0-2 years) shall require a casket vault, dome sealed, fiber plastic, weather- proofed casket. A concrete liner shall not be required for interment. 4. The funeral director shall provide embalming or cremation, clothing, transportation, grave markers, and will secure all necessary legal documents. 5. The Veteran's Service Office will be responsible for ordering a grave marker for indigent veterans. Markers will be shipped to the Transportation Department whose staff will be responsible for installation at the proper grave site within 15 days of receipt. 6 The funeral home providing service for indigent deceased shall advise the Human Services Department of the desired date and time for burial. The Human Services Department shall request from the Real Property Department provision of burial space and opening and closing of the grave. The Real Property department requires forty-eight (48) hours notice for the provision of services. The Real Property Department shall confirm burial arrangements with the funeral home. 7. After the service is provided by the funeral home, an itemized statement requesting payment shall be sent to the Human Services/Social Services program case manager. The social services program will prepare a purchase order for payment to the funeral home according to the agreed upon fee schedule (see attached). The Human Services Director or designee will authorize payment and the purchase order will be sent to the finance department for payment. After disposition of the indigent deceased has been accomplished, an itemized statement requesting payment shall be presented to the Human Services Department by the Contractor providing the service. The fee schedule shall be as per Attachment "A" unless otherwise mutually agreed-upon in writing by the Human Services Department Director or their designee, and the Contractor. Upon review and approval of the invoice by the Human Services Department Director or their designee, the bill will be sent to the Clerk of Courts Finance Department. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 2 Agenda Item No. 1606 May 9. 2006 Page 12 of 15 Additional services as required shall be mutually agreed upon in writing by the Human Services Department Director or their designee, and Contractor . Term: The contract shall be for a two (2) year period, commencing on date of award by the Board of County Commissioners, and terminating two years from that date in 2008. The County reserves the right to renew said contract with consent of the Contractor for an additional two (2) year contract period under the same terms and conditions. No Partnership: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Permits, Licenses, Taxes: In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Termination: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. No Discrimination: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 3 Agenda Item No. 1606 May 9. 2006 Page 13 of 15 Insurance: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. (Occurrence Form) patterned after the current 1.5.0. form with no limiting endorsements. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Co Professional Liability: Coverage shall have minimum limits of $500,000. D. Automobile Liability: Coverage shall have minimum limits of $300,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/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. 4 Agenda Item No. 1606 May 9,2006 Page 14 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Muller-Thompson Funeral Home By: FIRST WITNESS Type/Print Name and Title Type/Print Name Affix the /I (Corporate Seal}" OR type/ print /I (Corporate Seal)" SECOND WITNESS Type/Print Name Date: OWNER: ATTEST: COMMISSIONERS OF BOARD OF COUNTY COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Frank Halas, Chairman Approved As To Form and Legal Sufficiency: Robert Zachary Assistant County Attorney 5 Agenda Item No. 1606 May 9, 2006 Page 15 of 15 EXHIBIT A Collier County Human Services Department Indigent Burial/Cremation Effective May 9,2006, upon approval by the Board of County Commissioners, the fee schedule for indigent burials/cremation is as follows: ADUL T BURIAL $1600.00 ADULT CREMATION $ 450.00 INFANT BURIAL $ 795.00 INFANT CREMATION $ 75.00 VETERAN IN RECEIPT OF COMPENSATION $1000.00 OR PENSION - VA Burial Allowance is $300. for Burial Services and $300. for Plot Charge VETERAN DIES OF SERVICE CONNECTED Arrange burial plot CONDITION - VA Burial Allowance is $2000. for Burial Services and $300. for Plot Charge 6 Agenda Item No. 16E1 May 9,2006 Page 1 of 47 ..-._~ EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22,2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. - The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period March 17, 2006 through April 14, 2006. FISCAL IMPACT: The total change to contracts is $(990,221.88). The total change to work orders is $129,035.26. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department -- Agenda Item No. 16E1 May 9, 2006 Page 2 of 47 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E1 Meeting Date: Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 5/9/2006 9:00:00 AM Prepared By Diana DeLeon Administrative Assistant Date Administrative Services Purchasing 4/20/20069:51 :15 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/21/200612:24 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 4/27/20062:41 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20064:16 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/28/2006 11: 50 AM Approved By Leo E. 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If: ()C/)(J~ f- <5 ... a; ~ Cll C .S! Ol <0 .t: III 0 <.l Gl N '0 ell .!! C ~ ;!: Ol Ol .c: C Gl (J E .~ 19 Gl ~ 0 ;:: > 0 Z 0 I- CONTRACTIWORKORDER MODIFICATION .';;, CHECKLIST FORM . Agenda Item No. 16E1 May 9,2006 Page 11 of 47 I -.ti' PROJECT NAME: Consultant SerVices for the Public Involvement Element of the Long-Range Transportation Plan (LRTP) Update PROJECT #: N/A BIDJRFP #: 04-3629 IVIOD #: 2 PC#: 4500048812 WORK ORDER #:N1A DEP~ENT:Transportation Original C~ntract Amount: $324,513.27 (StartingPomt) CUrrent Bee Approved Amount: $324,513.27 (LaSt Total Amount Approvedby' the Bee) CurreiltCcmtract.AmouIit: ~,;.. $324~513.27 .' ; (Including All Changes Prior To This Modifieati9,9ltl_ .. Chang~ Amount: $D Revised CODtractlWorkOrder Amount: $324,513.27 (Includmg This Change Order) CumulatiVe DoUat Value of ChangeS to thiS COntradIWorkOrden$O Date of Last BCe Approval: 9/28104 Agenda Item # tOJ Percentage of the change ovet/under cuiteritcontractamount 0% Formula:. (Current Amount I Last BCCapproved.amount)-.1 Results and Actions: If the change exceeds 10% BCC.approvalis required; unde,r 10% repottedto Bce on PurChasing report. For specific information regarding work order thresholds. ple~se refer to the pro~ment Administratton.Procedures, SectloI1IV.3.d ' ; CURR~N.T COMPLETION DATE (5); OR.~INAL: 9128104 CURRENT: 3/311200&,~!1'-ir; SVMMARY OF PROPOSED CHANGE' (S): Identify the changes. To extend tlfe. contract tlrije to March 31 2006 to allow for staff review and distrtbutionof flnal report. JUSTfFICATIONFOR, CHANGE (5): What valu80r benefit do tflese changes provide to the project? The project schedule was moved back' due to the effects of the hurricane and rescheduled meetings. pARTIESCONT ACTED REGARDING THE cHANGE: Donald L. 5cott~ Transportation planning Directol Rhonda Rembert-Contract Specialist, Patti Kobus - Cella and Associates, fne.' IMPLEMENTATION STEPS (Verify eCilch before proceeding with change using Y, N or NJA) _ Y _ Proposed change is consistent with the scope of the existing. agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y_ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _N/A_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. Revised 10/5/05 . ;,-ic Agenda Item No. 16E1 \ n May 9, 2006 ~ Page 12 of 47 .. '.1 . ,I'.;.',t ..... ',' ~ J Revised 10lS/05 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 May 9,2006 'j Page 13 of 47 ~ PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091 BIDIRFP #: 04-3724 MOD #: '1' PO#:_ 4500039984_ WORK ORDER #: DEPARTMENT: Public Utilities EnQineerina Original Contract Amount: $ 689.000 (Starting Point) Current BCC Approved Amount: $ 689.000 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 752.299.25 (Including All Changes Prior To This Modification) Change Amount: $ 4.89:1.6"'- 4"c:act · '2.4 $ '131.192.9.....' 51, oC\8...~ 9 (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ "8.19a.9+' ~ cat bC\ 'B I 4 if Date of Last BCe Approval 11/16/04 Agenda Item # ~ 9.\ 16 eC) 6 Percentage of the change over/under current contract amount Formula: (Current Amount f Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. % CURRENT COMPLETION DATE (S): ORIGINAL: 1/2/06 CURRENT: 5/31/06 8t!o,.30 \..t> ,<ln1I~"" SUMMARY OF PROPOSED CHANGE (S): Identify the changes. (1) Electrical chanaes from revised electrical drawin s dated 11/04/05 2 Extended eneral conditions' 3 Tie in sewer later to existin_ sewer line 4299 4 Credit for fire rated item not constructed - 13289 5 Credit for stucco not installed f-$5250l (6) Credit for deleted wall on first floor [-$6451 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Necessary for completion of proiect PARTIES CONTACTED REGARDING THE CHANGE: Desion professional and Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _Y _ Change is being implemented in a manner consistent with the existing agreement _Y _ The appropriate parties have been consulted regarding the change _ Y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT M APPROVE BY: REVIEWED BY: Contr Revised 4/2512005 NDA nON: This form is 10 be signed ard daled. Date: 3fi1/!?fe Date: ~/do,/Ob CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E '6 May 9, 200fD Page 14 of 47 PROJECT NAME: Consultant Services for PreDaration of a land DeveloDment Overlav for Bayshore/Gateway Trianale Community RedeveloDment Area fCRA) PROJECT #: N/A BID/RFP #: 03-3473 MOD #: 4 (Change order 1 LPO#:_ 4500052571 #: NA WORK ORDER DEPARTMENT: Bayshore/Gateway CRA Original Contract Amount: $ 337.466.00 (Starting Point) Current BCC Approved Amount: $ 701.332.40 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 701.332.40 (Including All Changes Prior To This Modification) Change Amount: $_17.250.00 $ 718.582.40 (InCluding This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractlWork Order: S 381.116.40 Date of last BCC Approval Mav 10. 2005 Agenda Item # 16.G.1 Percentage of the change over/under current contract amount 2.46% % Formula; {Current Amount / Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION OATE (S):ORIGINAl: 12/16/06 CURRENT: 12/16/06 SUMMARY OF PROPOSED CHANGE is): Identify the chanaes. To Drovide uDdate studies for the Residential Market Analysis for the Bayshore/Gatewav Trlanale CRA, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Due to the rapid development of the CRA, staff found it necessary to request HDR Engineering, Inc. to update data within the original study. PARTIES CONTACTED REGARDING THE CHANGE: HDR. Inc.: David Jackson. CRA Executive Director: eRA Local AdvlsorvBoard voted unanimouslY for aooroval; Linda Best. Purchasina IMPLEMENTATiON STEPS (Verify each before proceeding with change using Y, N or N/A) ...:r. Proposed change is consistent with the scope of the existing agreement .J. Proposed change is in fact an addition or deletion to the existing scope .J. Change is being implemented in a manner consistent with the existing agreement ...:r. The appropriate parties have been consulted regarding the change ..:x.. Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA APPROVE BY: ION: This form is to be s~npd aid dated. Date: :z.12":$ Db I ' tlve irector Oate; 3/lJ /610 I I CONTRACTIWORK.ORPER MODIFICATION CHECKUSTFORM Agenda Item No. 16E1 May 9,2006 Page 15 of 47 Lf PROJECT NAME: C.ollier County MPO 2030 Long Range Transportation PJanUpdate PROJECT #; N/A BID1RFP #: 04-3611 MOD #: 2 PO#: 4500048788 wcmK ORDER i#:N/A DEP ARTMENT: Transportation Original Contnlet Amount: $360,717.86 (Starting PQuil) Current Bee Approved AmbUnt: 5360,711.86 (Last Total Amount ApprQved by the ace) Current Contract AmoUnt: $360,711.86 ~ (Including All Changes prior To This Modification) PhaDge Amount: $0 ..... Revised ContractfWork Order Amount: $360,717.86 (Inc::h1ding This Change Order) Cumulative DoUar Value of Changes to this Contractl\Vork Order: $0 Date of ~t Bee ApprQvaJ: 6124104 Agenda Item # 10 B Percentage of the changEt over/under QUrrent contract amount 0% Fotmula~ (Current Amount! Last Bee approved amount}-1 ~~s~l~. and Actions~ If the cl1~ng~~dS 10% Bce . approval is required;. und~r.1 0% repQrtf!d c to BGG 011 p4rchaslng report. For specffic informaijon,regarding work. Order thresholds. piease refer to the ProcUrement Administration Procedures, Section IV.S.d C.UR~ENT COMPLETION DATE (S.):ORI~INAl:11/13/05 CU~NT: 1/13120.06 .. . c SUMMARV OF PROPOSED CHANGE (5); Identi~ the changes. To e~nd thecc:mtract tim~toApriI2~,20~ to allOW for the adoption of the 2015 Interim Plan at the March MPO Meet1ng. and to address an lrlCQlllptete tasks and required documentation. JUSTIFICATION fOR CHANGE (S): What value or benefit do these changes provide to the project? The project schedUle was moved back d~ to the effects of HuO'icane Wilma ~nd rescheduled meetings. PARTIES CONTACTED REGARDING THE CHANGE: Donald L. Scott-Transportation Planning Dlrecto Rhonda Rembert-Contraet Specialist, Dawn Wolfe-TBE Group IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y_ proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change Is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ y _ The appropriate parties have been consulted regarding the change _N/A_ Proposed prices, fees and costs set forth in the change are reasonable Revised 10/5/05 , . Revised 10/5/05 -.-----...---.....--------.-..,---- Agenda Item No. 16E1 May 9, 2006 Page 16 of 47 t./q, CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 5"' May 9, 2006 Page 17 of 47 PROJECT NAME: SCWRF -New Entrance Road PROJECT #: 73949 BID/RFP #: 04-3725 MOD #: 1 POI: 4500039666 WORK ORDER #: NlA DEPARTMENT: Public Utilities Engineering Original Contract Amount: $ 235.945.00 (Starting Point) Current BCC Approved Amount: $235.945.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $235.945.00 (Including All Changes Prior To This Modification) Change Amount: (deduct) ($121.90) $235.823.10 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: Deduct ($121.90) Date of Last BCC Approval 10-26-04 Agenda Item # 16(C)3 Percentage of the change over/under current contract amount -0.052 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 5/9/05 CURRENT:'9/.4I63'"" 11,1/5 /"6 SUMMARY OF PROPOSED CHANGE (S): Identifv the chanaes. Additions include installation 0 pipe casino, new flume with handrail and riprap, additional sidewalk. maintenance of traffic. Deductions for bid items not used. Additional time due to delavs caused bv addino pipe casino to the contract. PARTIES CONTACTED REGARDING THE CHANGE: Hole Montes, Georoe Yilmaz, Rov Anderson IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y _ Proposed change is consistent with the scope of the existing agreement Y _ Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented in a manner consistent with the existing agreement Y ~ The appropriate parties have been consulted regarding the change Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDAT ON' :This form is to be signed and dated. APPROVE BY: Date: 3 \z..L \()c, Project / J REVIEWED BY: , Date: 3/ r2-4( 0.(; Con a Revised 4/25/2005 ~ .. .. .1 , . CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 1_ May 9, 2006 If' Page 18 of 47 PROJECT NAME: Golden Ga18 Parkwav Grade SeDarated Overoass PROJECT #: 160008 BIDIRFP fl.: 04-3583 .MOD 1#: DEPARTMENT: TECMO 3 POlE: WORK ORDER t#: Original Contract. Amount: $ 2~7.B11.00 (Starting Point) $ 2.367.811.00 (Last Total Amount Approved by the Bee) S 2.585.106.50 V (JDcludiDg All Changes Prior To This Modification) Current BCe Approved Amount: Current Contract Amount: Change Amount: $_19.380.00 $ 2.604.486.50 (IocludiD& This Change Or:da-) Cumulative DoRar Value orebanges to this Contract/Work Order: $ 236.675.50 Revised Contract1Work Order Amount: .}i~( ,~.A, . ~~F~ Date of Last sec Approval 7/27104 Agenda Item fI. -lOlG}'. Percentage of the change over/under current contract amount 10 "": -"% Formula: {Current Amount flast BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; uncJeclQ~..~ported to BCe on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S): ORIGINAL: 10106 CURRENT: 12106 8llMMARY OF PROPOSED CHANGE (8). Identify the changes. To increaSe lb. inSpecti~ services to parallel the contractor's accelerated work schedule. . JUSTfFICA nON FOR CHANGE (S): What value or benefit do these changes provide to the project? The coDtractor bas decided to accelerate his schedule ~ the addition of a second crew with bothd-ews workinr six _ ten hour days per week for the next two months, PARTIES CONTACTED REGARDING THE CHANGE: Norman Feder. Admini~t~rimd i~ Ahmad Director "'-1 IMPLEMENTATION STEPS (Verify each before proceeding with change using Yt,~ Qr.N/A) _X_ Proposed change is consistent with the scope of the existing agreement .._. _X_ Proposed change is in fact an addition or deletion to the existing scope . -'<- Change is being implemented in a manner consistent with the existing agreemenf _X_ The appropriate parties have been consulted regarding the change _ , -><- Proposed prices, fees and costs set forth in the change are reasonable NDA TION: This form is to be signed and dated; Date: 3(~fo,- Date: ~~~b I r'~'" ! ~ ,...., ^q ~'? - , '--"'~"~ '- CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 May 9.2006 7 Page 19 of 47 PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091 BID/RFP #: 04-3724 MOD #: :tJ!j PO#:_4500039984_ WORK ORDER #: DEPARTMENT: Public Utilities EnQineerina Original Contract Amount: $ 689.000 (Starting Point) Current BCe Approved Amount: $ 689.000 (Last Total Amount Approved by the BeC) Current Contract Amount: $ 1f<J ~OO.)S .., 5', OCiB. ~~ (Including All Changes Prior To This' Modification) Change Amount: $ o Revised Contract/Work Order Amount: $ "'1"",~9Q,?--- 1811 oq,~~.4c:r (Including This Change Order) Cumulative Dollar VaIue of Changes to this ContractlW ork Order: $ ~9.~ 4,'i?j o9$~ Date of Last BCC Approval 11/16/04 Agenda Item # 16(C)6 Percentage of the change over/under current contract amount 0 % Formula: (Current' Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S): ORIGINAL: 1/2/06 CURRENT: 5/31/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. (1) Additional plumbinQ cost r$12.7401 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Unforeseen. cost necessary for completion of proiect . PARTIES CONTACTED REGARDING THE CHANGE: Desion professional and Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable NDATION: This form is to be signed and dated. ._ Date: 3/ { 7(Of:> Date: 3i2.f!tJ 6 ( Revised 4/25/2005 COf\!~RACTIWORK ORDER MODIFICA'P.ON .) CHECKLIST FORM ) Agenda Item No. 16E1,,&, May 9, 2006 Page 20 of 47 PROJECT NAME: SCRWTP Lime Softenina Modifications & Uparades PROJECT #: 700571 BIDIRFP #: 05-3743 MOD #: g PO#: 4500044343 DEPARTMENT:PUED -ReVI SeD q -~-t) (p KfjI Original Contract Amount: $ 1,923,500 (Starting Point) Current Bee Approved Amount: $1,923,500 (Last Total Amount Approved by the BeC) Current Contract Amount: $1,962,717 (Including All Changes Prior To This Modification) $ ~b91.88+;'O~e-~aurOFtl~ tff $2,918,468.88 I J q ~~ J 7 f 7 (Including This Change Order) Change Amount: Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: $ 94,~Qg.E8 31 ;J., 7 Date of Last BCC Approval March 8, 2005 Agenda Item # 10 F ~/O4- if ,'ercentage of the change over/under current contract amount: -4:9-% Formula: (Current Amount / Last BGG approved amount)-1 Results and Actions: If the change exceeds 10% BGC approval is required; under 10% reported to aCG on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT FINAL COMPLETION DATE (S): Julv 14. 2006, ORIGINAL FINAL: Apri/15. 2006 SUMMARY OF PROPOSED CHANGE (8): Furnish a new potassium pennanoanate tank, Chemical Buildino: relocate electrical conduit. repair/replace deteriorated hardware, new pumps in Odor Control Area and increase contract time. JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? Now. is "^ the ri ht time to make chan es and re airs. Contract and acc a roval allows for re airs of unforeseen conditions. PARTIES CONTACTED REGARDING THE CHANGE: Steve Lana. Pam Libbv. Karen Gufiani IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: 'ijJF ~ Is form Is lOp ~~ ~~ 4 -to -0 '" ~ pate: March 28. 2006 Date: 3-df-c'2h t//~/()b .PPROVE BY: Karen B. GuIiani Principal Pr' Ma REVIEWED BY: Contract S Revised 4/25/2005 Agenda Item No. 16E1 Ot May 9, 2006 . \ Page 21 of 47 File --- 41010-003 CONTRACT I WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Appurtenances for Hawthorn Zone 1 Wells RO-114N. RO-115N & RO-116N PROJECT #: 41010-003 05 - 3833 MOD#: P.o. #: 4500048902 WORK ORDER #: BID I RFP #: DEPARTMENT: Collier County Public Utilities Department COUNTY PROJECT #: 71011 Original Contact Amount: $ 1.690.000.00 (starting Point) Current BCC Approved Amount: $ 1,690,000.00 (Last Total Amount Approved by theBCC) Current Contract Amount: $ 1,690,000.00 (Including All Changes Prior to This Modification) Change Amount: $ Revised Contract I Work Order Amount: $ 1,690,000.00 (Including this OIange Order) Cummulatlve Dollar Value of Changes to this Contract I Work Order: $ 1,690,000.00 Date of Last BCC Approval 28-Jun-05 Agenda Item # 10 H PARTIES CONTRACTED REGARDING THE CHANGE: Public Utilities Dept, Encore Construction Co. & Hazen and Sawyer Percentage of the change order I under current contract amount 0.00% CURRENT COMPLETION DATE(S): SUBSTANTIAL COM PlETION: Notice to Proceed: 11-Aug-05 ORIGINAL: 9- Dee-OS CURRENT: 15-Feb-OS FINAL COMPLETION: ORIGINAL: 8-Jan-OS CURRENT: 30-Apr-OS SUMMARY OF PROPOSED CHANGE(S): Identify the changes. The proposed change is to prepare a change order to accommodate time adjustments assoolated with providing temporary power and disinfection lor the relerenced project The final change order 0.e., Change Order # 2) includes the cost for providing temporary power, disinfection, finalize project schedule time, and finalize pay items. This project was completed approximately 28.31% under budget 1 of2. 2.0Q6 03-29a Change Order 1 Worksheet Agenda Item No. 16E1 q May 9,2006 et Page 22 of 47 File -- 41010-003 CONTRACT I WORK ORDER MODIFICA TrON CHECKLIST FORM JUSTIFICATION FOR CHANGE{S): What value or benefit do these changes provide to the project? Encore Construction Companymust providelemporarypowerto wells that FPL can not service unbleJeclric poweris inslalled. Hence, EncoreConstruction Company will have temporary power available at for running RO-114N If necessary. In addition, the project were completed 28.31% Under budget Temporary use of RO-114N 1s essential as part of the wellfield rellability program unlil permanent power could be installed. In addltron to the temporary power, EncoreConstructlonCompanymuSI disinfect the mechanical componenlsof the wellheads to finallze bacleriologicalclearanceas required by FDEP. This work is needed to obtain permission to use the wells for public raw water supply by FOEP. Use of the mechanicalcontractor(Le., EncoreConstructlon Company) to fl/lalize Ihe disinfection is beneficIal as they are the last contractor to perform work on the project Thus, this resulted in lime delays and therefore, additiona/tlme must be granledto the contractorbecauselt the circumstances were unforeseen and out of his conlrol. Final Change Order No.2 will reconcile costs and will close out the contract, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N, or N/AJ Y Proposed change is consistent with the scope of the ex/sling agreement Y Proposed change is in fact an addition or deletion 10 the existing scope Y Change is befng Imp/emented In a manner consistent with the existing agreement Y The appropriate parties have been consulled regarding the change Y Propesed prices, fees and costs sel forth in the change are reasonable CONSULTING ENGINEER'S REECOMMENDATION: This form Is to be signed and dated. Hazen and SaWYEr Date; cs 1:30/0, RECOMMENDED BY: PROJECT MANAGER RECOMMENOA nON: Dale: ~! 3d/Or; , I 3/30/0& I I RECOMMENDED BY: REVIEWED BY: Dale: 2006 03-29a Change Order 1 Worksheet (2).xfs 20f2 FRCI1 : FAX t>[J. : 2392135899 Agenda Item No. 16E 1/ 0 Apr. 01 2006 05: 3~a~, 2006 Page 23 of 47 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Consolidated Manaaement Contract for Collier County Fixed Route and Paratranslt Systems PROJECT #: - -- - BIOIRFP #: MOD #: 1 PO,: WORK ORDER ,; DEPARTMENT; .ATM Original Contract Amount: S 25.681.974.00 (Starting Point) Current Bee Approved Amount: $ 25.681.914.00 (J.est Total AmoUllt ApJItoved by the Bce) ltevised ContractIWork Order Amount: $ 25.682.974.00 (fnoludml: All ChIDpl J'riOI' Tn This Modftladion) $ 19z.101.00 f!.L" s ~.~.,S.81:8.08 ...~q75JD51,OO ~ {lnoluc!inl This Change i Current Contraet Amount: Change Amount: CumuJatiYe Dollar Value of ChuRes to tbis ContraetIWork Order: $_291,104.00-"':- Date of l.ast Bee Approval 9/21105 Agenda Item # 10.F Percentage of the change over/under current contract amount 1.14 % Formula: (Current Amount I Last Bee approved amount)-1 Results and Actions: If the change exceed8 10% Bce approvaf is required; under 10% reported to BCe on Purchasing report. For specific information regarding worle order thresholds, please refer to the Contract Administration Procedures, Section 11I.0.4. CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT: PARTIES CONTACTED REGARDING THE! CHANGE: Diane Flaga. Direc:tor. ATM. Elizabettl Suchsland. McDonald Tran&it. Kelsev Ward. Man8aer. C9ntract Administration. IMPI..EMENTATlON STJ:.PS (Verify each before proceeding wIth change using V, N or N/A) _ Proposed change Is consistent with the scope of the existing agreement ~ Proposed change Is in fact an addition or deletion to the existing scope _ Change Is being Implemented in a manner consistent with the existing agreement _ The l!lppropriate parties have been consulted regarding the c:hange _ proposed prices, fees end cOm Bet forth in th~ change are reasonable PROJECT MANAGER RECOMM~NDATlON: This fonn is to be signed and dated. Revised 4/25/2005 j1 ~-: ~ rW:~ REVIEWED BY:,. FAX ttJ. : 2392135899 D8t8: Agenda Item No. 16E1 10 ' .01 2BB6 es:34APf1aJoS, 2006 <:t. b~. Page 24 of 47 :0 lRevisccf 412.512005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 May 9,2006 Page 25 of 47 \ t PROJECT NAME: Courthouse Annex Parkina Garaae PROJECT #: 52010-2 Garage alD/RFP #: 04-3576 MOD #: ~PO#:4500025868 WORK ORDER #: DEPARTMENT:Facilities Original Contract Amount: $ 115,000.00 (Starting Point) Current BCC Approved Amount: $16,539,700.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $10,705,886.28 (Including All Changes Prior To This Modification) Change Amount: $(136,634.00) Revised Contract!Work Order Amount: $10,569,252.28 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $(5,970,447.72) Date of Last BCC Approval December 13 ,2005 Agenda Item # 16 E 3 Percentage of the change over/under current contract amount (36.10%) Formula: (Current Amount f Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to.BCC on Purchasing report. For specific information regarding work order thresholds, please refer to thEf Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL Not Yet Established _CURRENT: Not yet Established SUMMARY OF PROPOSED CHANGE (S): Direct Material Purchases JUSTIFICATION FOR CHANGE (S): To provide tax savings through direct material purchase. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hoven, Linda Jackson Best, Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable N: This form is to be signed and dated. Date: ~ Date: tflo:/~ APPROVE BY: CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 f .;t May 9,2006 Page 26 of 47 . JROJECT NAME: Collier County Seven Story Addition Annex PROJECT #: 52533-3 BIDIRFP #: 04-3576MOD #: 1 PO#:4500025867 WORK ORDER #: DEPARTMENT: Facilities Original Contract Amount: $115,000.00 (Star:ting Point) $26,646,800.00 ' (Last Total Amount Approved by the Bee) Current BeC Approved Amount: Current Contract Amount: $20,641,800.00 (1ncluding All Changes Prior To This Modification) Change Amount: $(370,386.79) $20,271,413.21 (Including "Ih.m Change 0rdeT) Cumulative Donar Value of Changes to this ContractIW ork Order: $(375,386.79) Revised ContractlWork Order Amount: Date of Last Bee Approval 12/13/05 Agenda Item # 16 E 3 )ercentage of the change over/under current contract amount .:t79% -l. fL ~ 1;~ Fonnula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section Ill.CA. CURRENT COMPLETION DATE (S):ORIGINAL: Not vet established CURRENT: Not vet establsihed SUMMARY OF PROPOSED CHANGE (S): Identify tbe changes. Direct Material Purcbase~ JUSTIFICATION FOR CHANGE (S): What value or benef'rt do these changes provide to the project? Direct Material Purchase for tax savings. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Unda Jackson Best Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) _ Y _ Proposed change Is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMEN APPROVE B~<: 'ect ION: This form is to be signed and dated. Date: Date: CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM P, ROJECT NAME:~, LAt::a5 ~AcJiBl/Al4ROJECT #: 8~ /q- Ct>;.rr.i"" ~ -- 1 r~ BIDIRFP #~eq:3. JOD #: PO#: 81 WORK ORDER #: ._~ DePARTMENT:?~7 ~ ~. Agenda Item No:16E1 t ::) May 9,2006 Page 27 of 47 Revised ContrBctlWork Order Amount: s1!:l4. C:>OO .. 00 , (S~ Point) sJ4?(,ooo.00 (Last Tofal Amount Approved by the BCC) $~. a!X?" 00 (Includiti'g All 0Janges Prior To This Modification) $ 12.. ~. t)O , $ 1 5~ ~OC).. C)O (Including ~ Change Order) Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Cumulative Dollar Value of Changes to this ContractlWork Order: $ /,A,fdj)~ 1 Date of Last Bee Approval I \ . ~q. 05 'Agend. Item # Percentage of the change over/under current contract amount t, 'lr .."15"' _% Fonnula: (Current Amount I Last BCC approved amount)-1 . I Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration, Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: . r . 61. c4.cURRENT: 1/.. W .f) b SUMMARY Of PROPOSED CHANGE (5): IdenlIfy !be changes.1:ilJ: t:l!I S~~ Gt.,. Jr --- p- -n::> r4~ M~~url.DOJ~ <}J-s:. ~;M>C_n-.#J ()-~~~ JUSTIFICATION FOR CHANGE (5): What, value or be"efit do these changes provide to the project? -rz:> Q"~~ P-e::-SUii~ S~~f~~;::;t fi)~ A:-O~ VAL-y.-tE- fO~ ~t::Nc..Y:- (. PARTIES CONTACTED REGARDING THE CHANGE: Co~~... ~- -- . ~~. I LEMENTATlON STEPS (Verify each before proceeding with change using Y. N or N1A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices I fees and costs set forth in the change are reasonable APPROVE. BY: NDA TJON: This form is to be signed and dated. .. Date: 03 - '"U). ()~ Date: f/I/tfh Agenda Item No. 16E1 liJ May 9, 2006 f Page 28 of 47 . FDe - 41010-003 CONTRACT I WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: North County Regional Weier Treawent Plant Water Supply Wells PROJECT #: 04 - 3663 41010-<103 BID I RFP #: MOD #: 1 (FINAL) P.O. #: 4500032626 WORK ORDER #: DEPARTMENT: Collier County Public UtRUes Department COUNTY PROJECT#: 71006 & 71011 Original Contact Amount: $ (starting Point) 3.207.613.00 Current BCC Approved Amount: $ 3.207.613.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 3.207,613.00 (Including All Changes Prior to This Modification) Change Amount: RevIsed Contract I Work Order Amount: $ (471.584.32~ $ 2,736,028.68 (Including this Change Order) $ l4'7~, 53t. 3?) .t,73e.o~.66 1:'1:.. Cummulatlve Dollar Value of Changes to thIs Contract I Work Order: Date of Last BCe Approval 27.Jul-04 Agenda Item # 10M PARnES CONTRACTED REGARDING THE CHANGE: Public UfOltIes Dept., Diversified Drilling Corporation & 'Hazen and Sawyer Percentage of the change order I under current contract amount -14.70% CURRENT COMPLETION DATE(S): SUBST ANnAL COMPLETION: Notice to Proceed: 8-Apr-05 ORIGINAL: 16-Aug-()5 CURRENT: FINAL COMPLETION: 17 -Feb-06 ORIGINAL: 5-Sep..05 CURRENT: 30-Apr..()6 SUMMARY OF PROPOSED CHANGE(S}: Identify the changes. The proposed change Is to prepare a final close-out change order to accomodatetlme and cost adjustments associatedwlth the referenced project. This final change order includes reconcllationfor an Inadvertent math error In Part C, adjustmentfor unsultablesoil conditions, adJuslmentfor increase price of steel, adjustmentfor increase price of cement, adjustmentfor water analyses, and and adjustmentfor Increase price of fuel. The overall project was completed under budget by approximately $471,000 for a savings of almost 15%. r",afV\.Q tt'2 ")of f"h"'llnrtA n"I'for 1 nor:: vh; 1of2 _______.._______________n.________ Agenda Item No. 16E1 May 9,2006 Ii.( 0 Page 29 of 47 ~, Ale -41010-003 CONTRACT I WORK ORDER MODIFICATION CHECKUST FORM JUSTIFICATION FOR CHANGE(S): What value or benefit do these changes provide to the project? Diversified Drilling Corporation was required to construct an access road on virgin land. Location of cap rock varied and was present above anticipated depths In some locations and absent in other locations. An anowancefor this anllcipatedcondltion was allotted In the contract. In addition. Diversified DrilUng Corporatlonexperiencedincreasesin prices for steel, concreleand fuel, and a reasonsbleallowancewas Included to account for such changes. The final cost was associatedwith sampling and analyslsto complywllh FDEP requests. This work Is needed to obtain pennlssionto use the wells fOf public raw water supply by FDEP. The flOal adjustment was to account for an Inaclvertentaddlllon error In summation of Part C. The total was short by $500.00. Overall, the project was completed under budget resulting in a net savings of almost 15%. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N, or N/A) Y proposed change Is consistent with the scope of the existing agreement Y Proposed change is In fact an addition or deletion to the existing scope y Change Is being Implemented in a manner consistent with the existing agreement y The appropriate parties have been consulted regarding the change y proposed prices, fees and costs set forth in the change are reasonable CONSULTING ENGINEER'S REECOMMENDATION: ThJs fonn Is to be signed and dated. RECOMMENDED BY: .4 ~ d .... ~M ...' Con~""g ~eer - f.t!:t Mu~~en and Sawyer Date: \S k 1> / 0' Dais: ~r) jDb +(+(0'" Dale: REVIEWED BY: 2of2 Agenda Item No. 16E1 I~ May 9, 2006 Page 30 of 47 File - 41010-003 CONTRACT I WORK ORDER MODIFICATION CHECKUST FORM PROJECT NAME: Appurtenances for Hawthorn Zone 1 Wells RO-114N, RO-115N & RO-116N PROJECT #: BID I RFP #: 41010-003 05 - 3833 MOD #: 'UFINAL) P.O. #: 4500048902 WORK ORDER #: DEPARTMENT: Collier County Public Utilities Department COUNTY PROJECT #: 71011 Original Contact Amount: $ (Starting Point) 1.690,000.00 Current BCC Approved Amount: $ 1,690,000.00 (Last Total Amount Approved by the BCG) Current Contract Amount: $ 1,690,000.00 (Including AU Changes Prior to This Modification) Change Amount $ (478,459.00) $ 1.211,541.00 (Including this Change Order) Revised Contract I Work Order Amount: Cummulatfve Dollar Value of Changes to this Contract I Work Order: $ (11.t "IS1.ai) , c.{o(. Date of Last BCC Approval 28-Jun--05 Agenda Item # 10 H PARTIES CONTRACTED REGARDING THE CHANGE: Public Utilities Dept., Encore Construction Co. & Hazen and Sawyer Percentage of the change order' under current contract amount -28.31 % CURRENT COMPLETION DATE(S): SUBSTANTIAL COMPLETION: Notice to Proceed: 1 1 -Aug-05 ORIGINAL: 9-Dec-05 CURRENT: FINAL COMPLETION: 15-F eb-06 ORIGINAL: 8-Jan-06 CURRENT: ~.Q6 SUMMARY OF PROPOSED CHANGE(S): Identify the changes. The proposed change is to prepare a final close-outchange order for the referenced project. The final change order (i.e., Change Order # 1) includes the cost for providing temporary power, disinfection, finalize project schedule time. and finalize pay items. The project was completed approximately28.31 % under bUdget. 2006 03-29 Change Order 1 Worksheet.xls 1 of 2 Agenda Item No. 16E1 I 5t.f May 9, 2006 Page 31 of 47 Flle-41010-003 CONTRACT I WORK ORDER MODIFICATION CHECKLIST FORM JUSTIFICATION FOR CHANGE(S): What value or benefit do these changes provide to the project? Encore ConstructionCompanymust providetemporarypowerto wells that FPL can not service until electricpowerls installed. Hence, Encore Construction Company will have temporary power available at for running RO-114N if necessary. In addition, the project were completed 28.31 % under budget. Temporaryuse of RO-114N Is essential as part of the wellfield reliability program until permanent power could be installed. In addition to the temporary power, Encore Construction Company must disinfect the mechanicalcomponentsof the wellheads to finalizebacteriologicalclearanceas required by FDEP. This work is needed to obtain permission to use the wells for pubnc raw watersupply by FDEP. Use of the mechanicalcontractor(l.e., Encora Construction Company) to finalize the disinfection is beneficial as they are the last contractor to perform work on the project. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N. or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is In fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable CONSULTING ENGINEER'S REECOMMENDA TlON: This fonn Is to be signed and dated. RECOMMENDED BY: ~ $1 ~ Consulting Engineer. A1bJ Muniz I Hazen and Sawyer Date: 3/~' /0' pROJECT MANAGER RECOMMENDAn:rr..m Is to b. ~dal"'. RECOMMENDED BY: ~ f d- Project Manager - H. Peter Schalt, PMP Date: ') (,of f:J ~ REVIEWED BY: ~J5,.r.1=- ~p.{ pecialist - Lyn W 17 Date: f/4/o~ 2of2 2006 03-29 Change Order 1 Worksheet.xls I J CONTRACTJWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E 1 /1_ May 9, 2006 'fC' Page 32 of 47 PROJECT NAME: Naples Jail PROJECT #: 62008 BID/RFP #: 9&:2829 MOD It: 40 POI: 4500012306 WORK ORDER It DEPARTMENT: Facilities Original Contract Amount: S 34,402,176.00 (Starting Point) Current BCC Approved Amount: S 29,914,372.14 (Last Total Amount Approved by the Bce) Current Contract AmoUnt: $ 29,677,370.38 (Including All Changes Prior To This Modification) Cbange Amount: S 14,507.36 Revised ContractlWork Order Amount: S29,691,877!'J4 . (Including This Change O~er) . ~ Cumulative Dollar Value of Cbanges to this ContractIWol'k Order: S (4,739,312.88) Date of Last BeC Approval. 2/10/04 Agenda Item # 10 B Percentage of the change over/under current contract amount % -0.74 FOni1ula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information. regarding work order thresholds, please refer to the Contract Administration Procedures, S~ion IIf.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 6/13/06 CURRENT: 6/13/06 SUMMARY OF PROPOSED CHANOE (8): Reimbursement to paint interior Steel Frames.lsl Floor Add to install two proximity at 13IA & 133A, F & 14 D8M Pass thru evidence lockers to type 16. Revise Layout for vestibule 153 into existing wal1152A, Add to F & I PKO RECVR and AMP TaIkMIC @ WINDO-171. JUSTIFICATION FOR CHANGE (8): There were some windows on the first & second floor of the jail that only 'had a stainless steel finish and the frames needed to be painted. During the construction the Sheriffs Office requested additional voicefdatalpower items for the operation of the new Jail. The Sheriff's office evidence staff requested a change to the specified lockers to make them more secure for the new evidence area. A package receiver and amplified talk through microphone was installed to provide more security at door number 171. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovel/, SkiD CamD. Unda Best. Bonnie Baer. Pete Tufto (Kraft Construction), Martv Mill (Schenkel Shu/~} . IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) - Y - Proposed change is consistent with the scope of the existing agreement . - Y - Proposed change is in fact an addition or deletion to the existing scope - Y - Change is being implemented in a manner consistent with the existing agreement - Y - The appropriate parties have been consulted regarding the change - Y - Proposed prices; fees and costs .set 'forth in the change are reasonable PROJECT MANAGER RECOMMENDA nON: ThIs fonn Is to be signed and dated. Revised 4/25/2005 APPROVE sa . Project REVIEWED BY- Revised 412512005 Date: Date: r /7/0cP I}zlo(. Agenda Item No. 16E1 May 9,2006 Page 33 of 47 / & C( - --. ~ CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 May 9, 2006 Page 34 of 4; '7 PROJECT NAME: Mafll!ltee ~oad FM ReDla~ent BID/RFP #: 06-3911 .....MOD #: -LPO#; 4500057485 DePARTMENT: PUEO PROJECT #: 13160. WORK ORDER #: Original Contract Amount: $ 171~2.00 (SW'tlng Point) Cunent see Approved Amount: $ 7'n.342.00 (Last Total Amount Approved by tho Bee) Cunent Contract Amount: $ 771.342.00 .. (l'ncludi:ng All ClwIges Prior To 'Ibis Modification) Change A!uQunt: $ SO.~.65 Revised ContractIWOl"k Order Amount: $ 821.970.65 (Irlcluding Thi. Chango Order) Cumulative Donar Value ot Ch8.1ltge5 to this ContractIWork Order: $_50.628.65 . Date of Last Bee App~oval 12/13/05 Agenda Item ## 16C11 Percentage of the change over/under current contract amount SA . % Formula: (Current Amount I Last Bee approved amount)-1 . . Results and ActIons: If the ohange axoeeds 10% Bce approval is required; under 10~ rep01ed to BCe on Purchasing report. For speoific Information regarding work order thresholds, please refer ':0 the Contract Administration Prooedures, SEI(:tion IU.C.4. CURRENT COMPLETION'DATE (S):ORIGINAL: Julv 18. 2006 CURReNT: Julv2lL 2906 SUMMARy OF PROPOSED CHANGE (5): Identify the changes. Build ~torm sewer piDe across the road on Manatee Roael. JUSTIFICATION FOR CHANQiE (S): What value or benefit do these oh:mges provide to the project? During . the construction 01 the force main under the storm sewer pipe on Manatee road, the corli:ractor found that the bottom of the storm sewer pipe crossing Manatee road had rusted and the boUam at the pipe is not seen. It fa necessary to replace the pipe Immediately because it in a matter of time the pipe will give way and the road will cru~ble thLls causing traffic ha~rd. PARTIES CONTACTED REGARDING THE CHANGE: MaroarErt Bishoo - Storm Water Q.Etl)t.. Bill Mullin IMPLESMENTATlON STEPS (Verify each before proceeding wIth change usIng Y, Nor N/A) -1L Proposed change fs consistent with the scope of the existing agreement -X- Propo$ed change is in fact an addition or deletion to the existing scope .JL Change is beIng implemented In a manner consistent ,with the existing agreement .lL The appropriate parties have been consulted regarding the change' . -1L Proposed prices, fees and costs set forth in the change are reasonable Date: Revised 4125/2005 -.-----'---'~-------._.- CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 May 9,2006 Page 35 of 47 PROJECT NAME: Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvement Prolect PROJECT #: 136-162690-763100-680671 . BIDfRFP #: 05-3773 MOD #: L-.PO#: 4600064876 WORK ORDER #: BOC-FT -3773-06-10 DEPARTMENT:A TM Department Original Contract Amount: S 301.691.31 (Starting Point) Current BCC Approved Amount: S 301.691.31 (Last Total Amount Approved by the BCC) Change Amount: S 8 746. Current Contract Amount: Revised ContractlWork Order Amount: $ 310.438.09 (Including This Change Order) Cumulative Dollar Value of Changes to this Contrac:tlWork Order: S 8.746.78 Date of Last BCC Approval_ Seotember 27.2005 Agenda Item # 16.B.11 ' Percentage of the change over/under current contract amount 2.90% Fonnula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section II1.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: March 8. 2006 CURRENT: Aori18.2006 \Lr SUMMARY OF PROPOSED CHANGE (S): Identify the changes. AddinG 1" aSDhalt overlay and 4" striDlna. This chanGe adds $8.746.78 to the Work Order to be taken from continaency.;t ' JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This chanae order is to add 1" aSDhalt overlav and 4" striDinG In order to have DrODftr drainaae of roadway. - PARTIES CONTACTED REGARDING THE CHANGE: Pam lulich. Andv Vanlscak. John Vliet. Bob TIDton. Diane FlaGa. Gloria Herrera. Mike McGee (McGee & Associates}' . IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ...:::L Proposed change is consistent with the scope of the existing agreement ...:r. 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 B Revised 4/25/2005 Agenda Item No. 16E1 May 9, 2006 Page 36 of 47 Agenda Item No. 16E1 May 9, 2006 Page 37 of 47 Agenda Item No. 16E1 May 9, 2006 Page 38 of 47 Agenda Item No. 16E1 May 9, 2006 Page 39 of 47 Agenda Item No. 16E1 May 9, 2006 Page 40 of 47 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 r,., May 9, 2006 \(I Page 41 of 47 PROJECT NAME: BID/RFP #: 0 Jf-. NCRWTP 12th Avenue Interconnect Pi eline '3 MOD #: 1 PO#: 4500037463 PROJECT#: WO UC-046 WORKORDER#: ~ L(~-Oifb DEPARTMENT: Public Utilities Enaineerina Original Contract Amount: $ 749.500.00 (Starting Point) Current BCC Approved Amount: $ 749.500.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 749.500.00 (Including All Changes Prior To This Modification) Change Amount: $ 21.054.88 Revised CODtractIWork Order Amount: $ 770.554.88 (including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ (+) 21.054.8800 Date of Last BCC Approval: 10 I 26 104 Agenda Item # 16CB Percentage of the change over/under current contract amount: 2.81 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION: ORIGINAL: FINAL COMPLETION: ORIGINAL: 01 I 28 1 05 02 I 28 / 05 CURRENT: CURRENT: 12 I 27 I 05 01 I 27 1 06 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. 1. Addition of costs to compensate the Contractor for materials and labor necessary to install two permanent sampling points on each side of the Curry Canal, for materials and labor necessary to shift the alignment of the Tamiami Interconnect pipeline along the last approximately 400 feet of westernmost paved roadway of 12th Avenue NW, and for materials and labor necessary to install temporary above ground piping, valves and pump slab to support temporary skid-mounted pumping units. 2. To compensate the Contractor for materials and labor necessary to re-disinfect the newly installed 12th Avenue Interconnect water pipeline in order to obtain FDEP clearance for use, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 1. As a condition of the Florida Oepartment of Environmental Protection (FOEP) construction permit, permanent sampling points are required on each side of the subaqueous crossing at Curry Canal. The original design of the pipeline used by the Contractor to prepare his bid did not include the sample points since this FOEP requirement was not identified until after the project had been bid and awarded to the Contractor. In an effort to reduce overall project costs, the alignment design of the pipeline along 12th Avenue NW was shifted six feet north of the northern edge of pavement to reduce/eliminate pavement restoration costs. The Contractor provided his bid based upon this alignment. However, as a condition of an easement granted by Mr. Farmer, the landowner on the north side of 1ih Avenue NW at Curry Canal, the centerline of the pipeline must run along the north edge of pavement as originally agreed upon. The pipeline alignment shift along the westernmost property Revised 10/5/05 Agenda Item No. 16E1 {j( . ~~y9" 2006 owner at Curry Canal was required. The easement was reqUIred from Mr. Farmer to allow th~~~~ross the Curry Canal. In order to provide an operational raw water transmission interconnect between the South County Tamiami wellfield and the North County Hawthom wellfield, the Contractor will install temporary above ground piping, . valves and concrete slab to support temporary skid-mounted in-line booster pumping units complete with control panels and variable speed drives. The installation of the temporary piping, valves and concrete slab will allow the County to be provided with the necessary facilities within the required time frame. The operational interconnect including the temporary in-line booster pumping units must be operational by mid-January. By having a contractor already on site perform the work associated with the temporary piping, valves and pump -slab, the County reduces the amount of time that would be required to secure a contractor, execute a contract, obtain product approvals, mobilize and complete the project. The reduced period of time to complete the project will provide the County with an additional raw water supply source to serve the already stressed North County region in time for the peak water demand season. 2. This item is a regulatory compliance issue. As a condition of the Florida Department of Environmental Protection (FOEP) construction permit, the County must submit results of bacteriological tests to FOEP to demonstrate the absence of bacteria within the pipeline prior to FOEP granting the County's use of the pipeline. Collier County standards require that clearance of the submitted bacteriological results by FOEP must be provided within 30 days from the date of the results of the bacteriological tests to minimize the possibility of bacteriological re-growth within the pipeline resulting from a prolonged stagnant condition inside the pipeline. Originally the FOEP permitting review process delayed issuance of the construction permit, and in an effort to expedite the project, the first set of bacteriological test results were taken right after the pipeline was installed but prior to the FOEP issuing the construction permit for the pipeline. This project is a fast-track project, critical to providing reliable raw water supply to the North County Regional Water Treatment Plant. As a result of the delay in FOEP issuing the permit, the 30 day limit imposed by County standards was not met and the bacteriological tests were not acceptable and must be retaken. In order to comply with FDEP and County permitting requirements, the pipeline will require a second disinfection process prior to obtaining samples for bacteriological testing in order to receive clearance to use the pipeline for its intended purpose. Once no evidence of bacteria has been found through the bacteriological testing process, the County will immediately submit the results of the bacteriological tests to FOEP in order to comply with the 30 day time limit imposed by Collier County. Since Kyle Construction has satisfactorily performed the work to date and satisfactorily disinfected the pipeline initially, it is recommended that they disinfect the pipeline a second time and coordinate with County personnel for meeting the 30 day deadline for obtaining samples for bacteriological testing. PARTlES CONTACTED REGARDING THE CHANGE: Contractor, Consultant. PUEO Project Manaaer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y,'N or N/A) i Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable CONSULTING ENGINEER'S RECOMMENDATION: This form is to be signed and dated. RECOMMENDEOBY: ~~ Oate: 3110/0' - Consultin E gineer RECOMMENOED BY: Hazen ~,~~c. form Is 10 be slgnsd and dalsd. f:~o.:~ ~ 10 -00 s-: Date: 3{Z> lOb REVIEWED BY: Date: 3/c2-Q/O 6 Revised 10/5/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 7 May 9, 2006 Page 43 of 47 PROJECT NAME: Golden Gate ADA Renovations PROJECT #: 52525 BIDIRFP #: 02-3349 MOD #: DEPARTMENT:Facilities 1 PO#:4500047362 WORK ORDER #:VC-02.23 CbaD&e Amount: $ 139,300.00 (StriIg PoiDt) $139,300.00 (Last Total Amouat Appoved bytbc Bee) $139,300.00 (Jm:ludiDs AU c.bBoses Prior- To This Modifica1ioa) 56,095.00 Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Revised CoutractlWork Order Amout: $145,395.00 (IDc1udiDg 1lUs Cb8D8C <id<<) Cumulative Dollar Value of Chaqes to this CoDtradlWork Order: $6,09S.oo Date of Last ace Approval_6114105 Agenda Item # 16 E 5 Percentage of the change over/under current contract amount 4.38% Formula: (CUrrent Amount I Last ace approved amount).1 Results and Actions: If the dlange exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work on:ler thresholds, please refer to the Contract Administration proceduresj Section III.CA. CURRENT COMPLETION DATE (S):ORlGINAL: November 1 .2005 CURRENT: 1/1512006 SUMMARy OF PROPOSED CHANGE (S): Identify the change: To cover Premium Performance and Public Payment Bond JUsnFlCATION FOR CHANGE (S): What value or benefit dO these changes provide to the project? Bill V~ was not ~ !!,!!i!on ..... .. . that a'Bond would be uired. This isusua . into the DrODOsal and since he was notinfonn;d ;; ;; now doina a dlanaeorder. This was dqne some time aao but was mostliltelvnotforwarded bv VICtor Latavish to our office. PARTIES CONTACTED REGARDING THE CHANGE: Damon Gonzales. Robert Fuentes . J~PLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) ." ,:I' X_ Proposed change is consistent with the scope of the existing agreement ::X_ PropoSed change is in fact an addition or deletion to the existing scope ..".X_ Change is being implemented in a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change .-X_ Proposed prices, fees and costs set forth in the change are reasonable NDA TION: This form is to be signed and dated. fa db Date: Date: - ~ L Agenda Item No. 16E1 May 9,2006 Page 44 of 47 CONTRACTIWORK ORDER MODIFICATION CHECKUSTFORM PROJECT NAME:ADA Parking end Security Entrance Renovation PROJECT #: 52525 g BIDlRFP.: 02-3349 MOD #: DEPARTMENT: Facilities 1 POI: 4500039072 WORK ORDeRI:SC..o2-109 Original Contract Amount: 531,100.00 (SIlriug Point) Current BCC Approved AmoUDt: s (Last Total Amount.Appr:owd by the Bee) $ 31.100.00 (IDcJudjng AU C2uurges FDcrTo 'Ibis MMifi~) Carnmt CODtnld AJDouot: Chara&e Amollllt: 51,599.60 532,'99.60 (JncIudius This CIImge Order) ClllllUlative Dollar Value ofChups to this CoDtractJWork Order: $1,599.60 Revised CoDtraetlWork Order Amomat: Date of Last Bce Approval Agenda Item tJ. Percentage of the change over/under current contnlct amount 5.14% FonnuJa: (Current Amount flast BCC approved amount)-1 Results and Actions: rt ft1e change exc8eds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE {S):ORlGINAL: UN CURRENT: 4/15106 SUMMARy OF PROPOSED CHANGE (S): Identify the changes; Permitting issues, Surety was told at the onset oItbis project a fire permit was Dot required and after the fact Rob Griffin, Fire Inspector informed Surety that they did need a fire permit. Surety had to go back and go through the permitting process. JUSnACATION FOR CHANGE .(5): What value or benefit do these changes provide to the project? Required by Fire Inspector PARTIES CONTACTED REGARDING nfE CHANGE: Damon Gonzales. Robert .Fuentes.. SkiD Camp. IMPLEMENTATION STEPS (Verify each before proceeding with change using V. N or NJA) - Y - Proposed change is consistent with the scope of the existing agreement - y - Proposed change is in fact an adcfltion or deletion to the existing scope - Y - Change Is being implemented in a manner consistent with the existing agreement - Y - The appropriate parties have been consulted regarding the change - Y - Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMEN ATION: This form Is to be signed and dated. APPROVE BY , Date: .lJj 6/0t.0 REVIEWED BY. Date: if ( qd~ -_._-,-~< , Agenda Item No. 16E1 9 May 9, 2006 Page 45 of 47 CONTRACTIWORK ORDER MODIFICATION ' . CHECKLIST FORM .:' ~ PROJECT NAME: Livinaston Road eVSR to Immokalee Road) PROJECT #: 650411 BID/RFP #: 00-3131 MOD #: k' /9. PO#: 4500057418 WORK ORDER.~ TLM-OP-03-02 DEPARTMENT: Alternative TransDonation Modes Original Contract Amount: $ 29.208.80 (Starting Point) Current BCC Approved Amount: S N/A (Last Total Amount Approved by the BCC) , '. Current Contract Amount: $ 29.208.80 (Including All Changes Prior To This Modificati~!l) Change Amount: S 1.762.00 S 30.970.80 (Including 'Ibis O1ange Order) CllDIulative DoUar Value of Changes to this ContractIWork Order: $ 1.762.00 . 6~{ .;~.. Revised CODtractlWork Order AmonDt: -:. #:' . ., -: Date of Last BCC Approval 04/2412001 Agenda'lu.m #' Percentage of the change over/under current contract amount 6.03% Fom'lula: (Current Amount J Last BCC approved amount)-1 ' Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding wor1< order thresholds, please refer to the Contract Administration procedures, Section III.CA. ~tt1. ~ CURRENT COMPLETION DATE (5): ORIGINAL: 1ei 84.S ~/..'1 ob 'CLJRRE~~,: Aori115.2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional site observations and reoorts from November 20005 to March 2006 ' ' .. :.'.; . JUS1JFICA nON FOR CHANGE (S): What value or benefit do these. changes provide to the project? -Additional site observations and reports from November 20005 to March 2006 ;,,~. - , PARTIES CONTACTED REGARDING THE CHANGE: Pam Lullch. Bob PeterSen. Diane Flaaa. Rooer Dicl(. Nonnan Feder. Rhonda Rembert. Gloria Herrera. Scott Windham. and Steve Ca'rnell. r-("(,- -'..'''' IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement . - . _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreem~ht _Y_ The appropriate parties have been consulted regarding the change ->'~ _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: REVIEWED B ;- ~I Revised 4/2512005 CONTRACTJWORK ORDER MODIFICA rlON ,'" ". CHECKLIST FORM PROJECT NAME: GG pkwy. (Llv-66th St.l& (60th St-SBB) PROJECT #: 600275 BIDIRFP #: 00-3131 MOD #: A'.4 #--pO#: 4500057419 WORK ORDER ~~TLO-oP..()4-o1 Agenda Item No. 16E1 May 9, 2006 Page 46 of 47 10 DEPARTMENT: Alternative TransDortation Modes Original Contract Amount: $ 23.222.50 (Starting Point) Current BCe Approved Amount: $ N/A (Last Total Amount Approved by the BCC) $ ->>.22:t.sa ~~ 79 7. ~e;j eD (Including All Changes or To This Modification) Current Contract Amount: Change Amount: $ 1.659.00 Revised ContractIWorkOrder Amount: $ .2".301"" ,5).f5) 'l-S ~,5~ {?l/ (Including This Change Order) ~; Cumulative Dollar Value ofChange8 to this CODtraetlWork Order: $ .:::Bi--.v....1.uv c::(/ ~a.f; tJO .,' ;".. Date of Last BCC Approval 0412412001 Agenda ltem'# Percentage of the change over/under current contract amount 1. 14% CJ, (p 2'~ efl--' Formula: {Current Amount I last BeC approved amount}-1 , Results and Actions: If the change exceeds 10% BCC approval is required; under. 1 0% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, . 'pf6ase refer to the Contract Administration Procedures, Section Iff.CA. e.t.-: CURRENT COMPLETION DATE (S): ORIGINAL: 1-8; !.. -a/15lot, CURRENT:' ADri115.2006 I I :' SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional site observations and reDOrts. JUSTIFICA TrON FOR CHANGE (S): What value or benefit do these changes provide to the project? Additional site observations and re~orts. :/ t:JJ PARTIES CONTACTED REGARDING THE CHANGE: Pam Lulich. Bob Peteran. Diane Flaaa. Roaer Dick, Norman Feder. Rhonda Rembert. Gloria Herrera. Scott Windham. and Steve C~!,"ell. h':~' IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) - Y - Proposed change is consistent with the scope of the existing agreement ',; _Y - Proposed Change is in fact an addition or deletion to the existing scope , - Y - Change is being implemented in a manner consistent with the existing agreement - Y - The appropriate parties have been consulted regarding the change :f~: - Y - Proposed prices, fees and costs set forth in the change are reasonable DAnON: This form Is to be signed and dated~ Date, d ~ .f Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 I ( May 9.2006 Page 47 of 47 PROJECT NAME: North County Regional Water Treatment Plant (NCRWTP) - Sand Separator for the North County Reverse Osmosis Wellfield PROJECT #: 700941 POi: 4500057008 WORK ORDER #: HS-FT-3785-06-02 BID/RFP #: 05-3785 MOD #: DEPARTMENT: Public Utilities EnaineerinQ Original Contract Amount: $ 48.464.00 (Starting Point) Current BCe Approved Amount: i (Last Total Amount Approved by the BCC) Current Contract Amount: $48.464.00 (Including All Changes Prior To This Modification) Revised ContractIWork Order Amount: $38.992.00 $87.456.00 (Including This Change Order) Change Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $38.992.00 Date of Last BCC Approval N/A Agenda Item # NIA Percentage of the change over/under current contract amount N1A% Formula: (Current Amount 1 Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORIGINAL: Jan. 9. 2007 CURRENT: Jan. 9. 2007 SUMMARY OF PROPOSED CHANGE (S): Collier County Water Department has recoanized that subseauent to the preparation and approval of a sand separator at the NCRWTP. that a similar installation would be beneficial at the SCRWTP. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? ~ includina the SeRWTP into the work order. one set of contract documents can be developed that includes both facilities. This would allow us to bid both facilities toaether. eliminatina a concern that the plants could have differina units. and expeditina the installation process bY utilizina one responsible contractor. This should save the County funds durina biddina. permittina and startup phases and allow the County to have one manufacturer's desian to service and operate. PARTIES CONTACTED REGARDING THE CHANGE: Steve Messner. Plant Manaoer NCRWTP; Steve Lana. Plant Manaoer. SCRWTP: Pam libbY. Water Operations Manaoer; Albert Muniz. Desian Professional. Hazen and Sawyer; Lyn Wood. Contract Specialist IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable Revised 10/5/05 EXECUTIVE SUMMARY Agenda Item No. 16E2 May 9,2006 Page 1 of 37 Recommendation to approve Amendment #6 to Contract # 00-3173, "Design of the Courthouse Annex" with Spillis Candela DMJM, to design the completion of the Annex fourth floor, to update the County Complex Master Plan, to specify furniture & furnishings for the Annex and to provide a fire sprinkler design for the Courthouse Annex Parking Deck, projects 52533 and 52010, in the amount of $280,560.00. OBJECTIVE: To gain approval from the Board of County Commissioners for Amendment #6 to Contract # 00-3173, "Design of the Courthouse Annex" with Spillis Candela DMJM, to design the completion of the Annex fourth floor, to update the County Complex Master Plan, to specify furniture & furnishings for the Annex and to provide a fire sprinkler design for the Courthouse Annex Parking Deck, in the amount of $280,560.00. CONSIDERATIONS: On June 6, 2001, the Board awarded RFP # 00-3173 "Design of the Courthouse Annex" to Spillis Candela DMJM. Over the years, a number of changes and false starts have occurred. Until this year's budget was approved in September 2005, the plan was to construct a 4-story building with three finished floors and one unfinished floor. The current plan is to construct a 7-story building with four finished floors and three unfinished floors. The Board approved Amendment #5 to this contract on June 28, 2005, Agenda Item 16E10. This increased the design scope to a 7-story building with 4 unfinished floors. Since the budget approved in September 2005 included funding for an additional finished floor, part of this proposed Amendment #6 is to design a fourth finished floor and to provide a furniture and furnishings plan for four finished floors. Additionally, the proposed amendment covers updating the space master plan for ultimate occupancy of all seven floors. During the building permitting process for the Annex Parking Deck it was determined by the Fire Code Official that the deck would need a fire sprinkler system to meet Collier County code. Throughout the design process the architect reviewed all relevant codes for a facility of this type, used their best professional judgment and provided a design without a sprinkler system to lower the cost. The anticipated cost for the design and sprinkler system for the deck is approximately $500,000; the sprinkler design is $13,980.00 and is included as part of this proposed amendment #6. FISCAL IMPACT: Funds for the design and construction oversight services in the amount of $280,560.00 are available in the project budgets and the source of funds is General Government Building Impact Fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan, RECOMMENDATIONS: That the Board of County Commissioners approves Amendment #6 to Contract # 00-3173, "Design of the Courthouse Annex" with Spillis Candela DMJM, to design the completion of the Annex fourth floor, to update the County Complex Master Plan, to specify furniture and furnishings for the Annex and to provide a fire sprinkler design for the Courthouse Annex Parking Deck, projects 52533 and 52010, in the amount of $280,560.00 and authorizes the Chairman to sign the amendment after review by the County Attorney's Office. PREPARED BY: Peter S. Hayden, P.E., Senior Project Manager, Department of Facilities Management Item Number: Item Summary: Meeting Date: COLLIER COUNTY Agenda Item No. 16E2 May 9, 2006 Page 2 of 37 BOARD OF COUNTY COMMISSIONERS 16E2 Recommendation to approve Amendment No.6, for the Design of Annex fourth floor, update Complex Master Plan, specify furniture & furnishings for Annex and provide a sprinkler design for the parking garage to Contract # 00-3173 with Spillis Candela DMJM in the amount of $280,560.00. 5/9/2006 9:00:00 AM Approved By Ron Hovel! Administrative Services Principal Project Manager Date Facilities Management Approved By Unda Best Administrative Services 4/27/200611:53 AM Contracts Agent Date Purchasing Approved By Skip Camp, C.F.M. Administrative Services 4/27/200612:01 PM Facilities Management Director Date Facilities Management Approved By Kelsey Ward Administrative Services 4/27/200612:50 PM Senior Purchasing and Contracts Agent Date Purchasing Approved By Len Golden Price Administrative Services 4/27/2006 1 :33 PM Administrative Services Administrator Date Administrative Services Admin. Approved By OMB Coordinator County Manager's Office 4/27/20062:41 PM Administrative Assistant Date Office of Management & Budget 4/27/20064:18 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget Approved By Michael Smykowski County Manager's Office 4/28/2006 4:42 PM Management & Budget Director Date Office of Management & Budget 5/2/2006 3:33 PM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/2/20065:47 PM Contract 00-3173 with Spillis Candela Agenda Item No. 16E2 May 9, 2006 Page 3 of 37 Date Item No. CO No. Oescription Amend. No. Amount PO No. 2/13/2001 16 E 3 Approve Short List Award Contract to Spillis for programming and design of the Annex, parking Garage 6/26/2001 16 E 5 & chilled water plant expansion PHASE I $ 190,000.00 106634 Approve Amendment NO.1 for schematic design, design development, & 1/14/2003 16 E 2 construction drawinqs PHASE II 1 $ 435,354.00 002601 Approve CO No.1 design of finished third 3/25/2003 16 E 1 1 stOry $ 69,716.00 002601 9/23/2003 16 E 8 Approve Amendment NO.2 Desiqn Deck 2 $ 757,110.00 024106 3/23/2004 16 E 2 Approve Oesiqn of Fourth Floor Shell 3 $ 129,518.00 002601 Approve Construction Admin. Services 5/25/2004 16 E 2 for Annex 1-3 finish & fourth floor shell 4 $ 179,69000 002601 7/28/2004 5 CO NO.5 add FPL Vault Oesiqn to Deck $ 12,685.00 024106 12/17/2004 6 Adiust rate schedule $ 0 Additional Services to complete "alternative Architectural Design Standards" for the Courthouse Annex 5/2/2005 7 proiect $ 14,498.00 002601 Additional Services for Courthouse annex to revise the third floor finance administration and general accounting 6/2/2005 8 departments $ 8,556.00 002601 Approve architectural and engineering services to design three (3) additional floors for the Courthouse Annex, floors 5 6/28/2005 16E10 7 shell only 5 $ 553,920.00 002601 Fit out Fourth Floor & Stacking Plan 5/9/2006 16 E Update $ 172,580.00 002601 Furniture & FurnishinCls Specifications $ 94,000.00 002601 Fire Sprinkler Design $ 13,980.00 024106 6 $ 280,560.00 Original Contract Amount $ 190,000.00 Current BCC Approved Amount $ 2,351,047.00 Current Contract Amount $ 2,351,047.00 Chanqe Amount $ 280,56000 Revised ContractIWork Order Amount $ 2,631,60700 Cumulative Oollar Value of Chanqes of the ContractIWork Order $ 2,441,607.00 I Percent Chanqe 11.93% G:IConstruction Capitalltems\52010 Courthouse Annex Parking GaragelTimeline for BCC Approvals 4/20/2006 I Date: Th~day,ApriI27,2006 -.-----.-------------------------.-------------Agendalte.mJ'.1.0.. '. May 9, 2006 E-Maded To Bonnie: Th~day, April 27, 2Q6~ge 4 of 37 THIS ITEM WILL BE REPORTED TO THE BCC, PLEASE ENTER IN ON THE FINANCE INCOMING LOG ONLY. Project Name: Courthouse Annex Project Number: 52010 and 52533 BIDIRFP #: 00-3173 Mod #: Amendment 6 PO#: 4500002601 and 450024106 Work Order Number: NA Contractor/Consultant: SpilIis Candella Original Contract Amount: $ 190.000.00 (Starting Point) Current BCC Approved Amount: $ 2.351.047.00 (Last Total Amount Approved by the BCC) Current Contract Amount:. 51 2.351.047.00 (Including All Changes Prior To This Modification) Change Amount: $ 280.560.00 Revised ContractlWork Order Amount: 51 2.631.607.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: S 2.441.607.00 Percentage Of The Change Over/Under Current Contract Amount: 11.93% % Overview of change: To provide for Owner requested additional services to fit out the fourth floor Annex, update the stacking plan, furniture specifications and fire sprinkler design for the parking garage, The additional services will enable the finishing of the fourth floor with the current project,. The sprinkler system will provide fire protection for the parking garage as requested by the fire inspector. . ,/ Contract Specialist='_ i ptL 'J1./-- Date: (;0.)/ (")C- Lin . acks6 Best ,.' I Scanned Date: 4/j{ 1;0[1 b Data EntJy Information: Type of Change: Contract Project Manager: Peter Hayden Department: Facilities Management Change Category Type. Circle One Below: l~:;:d~O~ Unforeseen Condi i 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Revised 7/11/05 L CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E2 May 9, 2006 Page 5 of 37 PROJECT NAME: Courthouse Annex PROJECT #: 52010 & 52533 BIDIRFP #: 00-3173 MOD #: Amendment 6 PO#: 4500002601 & 450024106 WORK ORDER #: ~ DEPARTMENT: Facilities Original Contract Amount: $ 190.000.00 (Starting Point) Current BCC Approved Amount: $ 2.351.047.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 2.351.047.00 (Including All Changes Prior To This Modification) Change Amount: $ 280.560.00 Revised Contract/Work Order Amount: $ 2.631.607.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 2.441.607.00 Date of Last BCC Approval 6/28/2005 Agenda Item # 16 E 10 Percentage of the change over/under current contract amount 11.93% Formula: (Current Amount / Last BCC approved amount)-l Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: June 2007 CURRENT: January 2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Owner reauested a proposal from Spillis Candela to rovide additional services to fit out fourth floor Annex u date stackin Ian furniture s ecifications and tire sprinkler desil!n for parkin!! !!ara!!e. services will enable the tinishin of the fourth floor to constructed with the current provide fire protection for the parkin!! !!ara!!e. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skip Camp. Linda Jackson 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 l !- Date: cr! [7/:Jc ul1house Annex\Word Filcs\Contract Mod Checklist Amend 6.doc Agenda Item No. 16E2 May 9, 2006 Page 6 of 37 EXHIBIT A-I Contract Amendment # 6 Design of the Courthouse Annex Parking Deck This amendment, dated May 11, 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Spillis Candela & Partners, Inc. dba Spillis Candela DMJM (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3173, Design of the Courthouse Annex and Parking Deck In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibits "AI-A Design fourth floor shell & update master plan", "A2-A Furniture & Furnishings Specifications" and "A3-A Fire Sprinkler Design" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through December 30, 2007. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of two hundred eighty thousand five hundred and sixty dollars ($280,560.00) as per Exhibits "AI-A" , "A2-A" and "A3-A", Scope of Services, Price Proposal and Project Schedule. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. By: go ~~N L. ~ II j%"()- Dated: '~Q '2-4-. "1A)..J.-b , By: Title: Dated: I ATTEST: n .. L- /\ ____ A' ~oratMec~~~s MAC I A" .~,.--~ . .... 'w CORPORATE SEAL ATTEST: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk By: Fred Coyle, Chairman Approved as to form and Legal sufficiency: Thomas Palmer Assistant County Attorney .._--,,--"~- Agenda Item No. 16E2 May 9, 2006 Page 7 of 37 EXHIBIT A1-A SCOPE OF SERVICES CONSUL T ANT will provide professional architectural and engineering services for the design of one floor of office space for the Collier County Courthouse Annex. These services are to be provided in two separate phases. Phase I will include Stacking Plan Update, Schematic Design, and Design Development. The Stacking Plan Update will consist of a stacking analysis to determine the best and most appropriate department or agency to be relocated to the Annex shell floors. The stacking analysis will utilize the program and projections already prepared as part of the Campus Masterplan. The stacking analysis will evaluate the Public Defender, Guardian Ad Litem, State Attorney, and Clerk of Court needs to determine which agencies will occupy the remaining shelled floors of the Annex. Additionally the Stacking Plan will include recommendations for the remaining County agencies within the Government Center campus. The CONSULTANT will review the current location of County agencies and departments for Buildings B, C, D, F, H, L, L-1 and future Buildings Nand H (addition). The consultant upon determination of which agency (or agencies) will be relocated to the Annex will prepare schematic design documents for one complete floor of the Annex to house the selected agency (or agencies). The selected agency (or agencies) will be an office use similar to Public Defender, Guardian Ad Litem, or Clerk of Court and will consist of 18,473 square feet. Phase II will include Construction Documents and Bidding/Construction Administration. Phase II services shall commence upon completion of Phase I and following Owner's written authorization to proceed to Phase II. Construction cost estimates are not a part of this scope and if required would be considered additional services. 1 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 PROJECT SCOPE Agenda Item No. 16E2 May 9, 2006 Page 8 of 37 ESTIMATE OF PROJECT COSTS 1. Fit out of one office floor in the Collier County Courthouse Annex. a. Fit out of one office floor (18,473 SF) @ $1 OO/SF b. Contingency / Cost Escalation @ 10% Subtotal: $ 1,847,300.00 $ 184,730.00 $ 2,032,030.00 Note: These costs are based on information provided in January, 2006 by the construction manager for the Collier County Courthouse Annex. 2. Other project costs a. Owner administrative costs (2%) b. Stacking Plan Update c. AlE Design Fees (@7.25%) d. Record Drawings e. AlE expenses (printing, travel, FedEx, etc.) Total AlE and County Administrative Fees: Estimate of Total Project Cost: $ 40,640.00 $ 12,000.00 $ 147,320.00 $ 8,000.00 $ 5.260.00 $ 212,620,00 $ 2,244,650.00 4. Fee breakdown/schedule: We are proposing to provide the following services in two phases as shown below: PHASE I a. Stacking Plan Update - 2 weeks b. Schematic Design - 4 weeks c. Owner review - 1 week d Design Development - 4 weeks e. Owner review - 1 week f. Expenses PHASE /I g. Construction Documents/Bidding - 8 weeks h. Owner review - 1 week i. Permitting - Building Permit estimated at 12 weeks j, Construction Administration - estimated at 24 weeks k. Record Drawings I. Expenses Total Fees- COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 $ 12,000.00 $ 22,098.00 $ $ 29,464.00 $ $ 1 ,991.00 $ 65,553.00 $ 58,928.00 $ inc. in item i $ 36,830.00 $ 8,000.00 $ 3.269,00 $ 107,027.00 $ 172,580.00 2 Agenda Item No. 16E2 May 9,2006 Page 9 of 37 PHASE I: STACKING PLAN UPDATE/SCHEMATIC DESIGN CONSULTANT will prepare stacking options for the Courthouse Annex (Building L-1) to determine which agency (or agencies) will occupy the four shell floors of the Annex, and will recommend which floor shall be built out as part of this scope. The CONSULTANT will prepare stacking plans for Buildings B, C, D, F, H, L, L-1 and future Buildings Nand H (addition). Based upon the mutually agreed-upon Stacking Plan, 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. 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 7 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. PHASE I: DESIGN DEVELOPMENT 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: 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. Continue developing the architectural, mechanical, electrical, security, and other discipline's responsibilities that establish the scope and details for that discipline's work. 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 3 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 Agenda Item No. 16E2 May 9, 2006 Page 10 of 37 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. PHASE II: 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: 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. 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 7 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. PHASE II: BIDDING CONSULTANT shall cooperate with and assist OWNER by review of the Construction Managers Guaranteed Maximum Price: CONSULTANT shall provide the Construction Manager with one electronic copy of the Construction Documents and all other bidding documents prepared by or for CONSULTANT. CONSULTANT shall assist Construction Manager in reviewing, evaluating and advising OWNER regarding bids. CONSULTANT shall attend the pre-bid conference and shall be responsible for developing and providing to OWNER any addenda to the Contract Documents that result from those conferences. CONSULTANT shall prepare any required addenda to the Construction Documents, submit addenda for OWNER review and approval, and distribute all required copies to all necessary parties as determined and approved by OWNER. CONSULTANT shall respond only to questions or requests for clarifications concerning the Construction Documents submitted in writing by Construction Manager. Written questions by bidders during bidding shall be answered by the CONSULTANT through the issuance of Addenda through the Owner's Project Manager. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 4 Agenda Item No. 16E2 May 9, 2006 Page 11 of 37 PHASE 11: CONSTRUCTION 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. During the Construction Phase, CONSULTANT shall provide the following services: . Process, review, respond and distribute shop drawings, product data, samples, substitutions and other submittals required by the Construction Documents within five (10) business days. . Maintenance of a master file 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. . Construction field observation services consisting of visits to the Project site as frequently as necessary, but not more than (once every two weeks), 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 CONSULT ANT discovers portions of the Work which do not conform to the Construction Documents, CONSULTANT shall recommend to Owner 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. . 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. . 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 Certificate of Payment shall constitute a representation by CONSULTANT 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. 5 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 Agenda Item No. 16E2 May 9,2006 Page 12 of 37 · 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. · 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. · 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. CONSUL TANT 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 ( 10) 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. · 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 Work Change Directives to the OWNER for approval and issuance to the Contractor and revise the Construction Documents accordingly. · 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. · CONSULTANT shall attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, pre-closeout meetings and other Project-related meetings. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 v Agenda Item No. 16E2 May 9,2006 Page 13 of 37 . Receive notice from Contractor if other work related to the Project by OWNER'S own forces, by utility owners, or by other direct contractors will involve additional expense to Contractor or require additional time and promptly advise OWNER in writing. . Receive copies of all accident reports submitted by Contractor. . Review the Work to confirm that to the best of our knowledge the plans and facility comply with the current Florida Building Code. 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 . . CONSULTANT shall assist in 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. . 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 . . 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." . After Contractor provides CONSULTANT with its marked-up "As-Built" drawings, CONSULTANT will revise the final approved Construction Documents to incorporate all "As-Built" information contained in the Contractor's marked-up "As-Built" drawings, 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 drawings and prints, and two sets of the Project Manual/Specifications. The electronic copy on CD of the Record Documents shall be provided in AutoCAD.dwg format, "purged and bound", and compatible with OWNER'S system Contents of CONSULTANTS Record drawings are conditioned upon the accuracy of the information and documents provided by the construction contractor. 1 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 -,.,"_._-_._-------,..-_.._._-~----------~--_.., --. Agenda Item No. 16E2 May 9, 2006 Page 14 of 37 SERVICES RELATING TO ALL PHASES: OWNER shall provide timely responses and information to maintain the project schedule. Prompt written notice shall be given by the OWNER to the CONSULTANT jf the OWNER becomes aware of any fault or defect in the project or noncomformities with the contract documents. Notwithstanding any other provision of this Agreement, the CONSUL rANT and subconsultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. Notwithstanding anything in this Agreement, CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures, precautions and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by OWNER'S construction contractors." ADDITIONAL SERVICES: The services described below are not included in Basic Services unless so identified previously in this work order, and they shall be paid for by the OWNER as provided in this agreement, in addition to the compensation for Basic Services. The services provided below shall only be provided if authorized in writing by the OWNER. · CONSULTANT shall update the campus Master Plan drawings to reflect the current as built condition related to the overall Master Plan goals. · CONSUL T ANT will be required to further develop and update the cost estimate as part of the Schematic Design, Design Development, and Construction Documents phases 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 costs will exceed OWNER'S approved Project construction budget, OWNER may elect to modify its budget and/or require CONSULTANT to revise the Design Development Documents to bring them within OWNER'S approved Project construction budget. For cost changes associated with design changes within the architects control 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. Since CONSULTANT has no control over local conditions, the cost of labor, materials, equipment or services furnished by others, or over competitive bidding or market conditions, CONSULTANT does not guarantee the accuracy of any opinions of probable COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 8 Agenda Item No. 16E2 May 9, 2006 Page 15 of 37 construction cost as compared to construction contractor's bids or the actual cost to the OWNER. . Assist OWNER and Contractor in the training of the facility operation and maintenance personnel with respect to the proper operations, schedules, procedures and inventory controls for the various Project equipment and systems. Such assistance shall include assisting OWNER in arranging for and coordinating the instruction and training on operations and maintenance of the Project's equipment and systems in conjunction with the various manufacturer representatives. Further, CONSULTANT is to attend all such training sessions, unless otherwise consented to by OWNER in writing. . 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. . Submit a facility 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 . If more extensive representation at the site than is described is required, the architect shall provide one or more project representatives to assist in carrying out such additional on-site responsibilities. . Making revisions in Drawings, Specifications of other documents when such revision are: a. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project Budget. b. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or c. due to changes required as a result of the Owner's failure to render decisions in a timely manner. . Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. . Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 9 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 " _._---_..~-------~--'-- Agenda Item No. 16E2 May 9, 2006 Page 16 of 37 . Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor or by failure of performance of either the Owner or Contractor under the Contract for Construction. . Providing documents in connection with public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. . Providing analyses of the Owner's needs and progr9mming the requirements of the Project. . Providing financial feasibility or other special studies. . Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the project. . Providing services to investigate existing conditions or facilities or to make measured drawings thereof. · Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. · Providing detailed estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. · Providing analyses of owning and operating costs. · Providing interior design and other similar services required for or in connection with the selection, procurement or installation or furniture, furnishings and related equipment. · Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. · Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. · Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. · Providing services of consultants for other than architectural, structural mechanical and electrical engineering portions of the Project provided as part of Basic Services. · Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 10 Agenda Item No. 16E2 May 9, 2006 Page 17 of 37 EXHIBIT B PROJECT MILESTONE SCHEDULE 1. Upon the Notice to Proceed issued by OWNER, the Stacking Plan and Schematic Design documents shall be submitted to OWNER within (7) weeks after the date of such Notice. 2. Upon authorization by OWNER to commence the Design Development service, the Design Development Documents shall be submitted to OWNER within (5) weeks after the date of such authorization. 3. Upon authorization by OWNER to commence the Construction Document service, the Construction Documents will be submitted to OWNER within (9) weeks after authorization to commence. Upon incorporation of owner comments project will be submitted for building permit. Permitting time is estimated at a minimum of 12 weeks and will vary depending on permit comments and SDP submittal applicability and requirements. 4. Construction Administration Phase Services to be provided in accordance with the terms of the Construction Contract and the Project Construction Schedule (not to exceed 24 weeks). If construction Administration Phase services are required beyond the accepted construction schedule those services would be considered extended construction administration phase services and would therefore be additional services. 11 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 Agenda Item No. 16E2 May 9, 2006 Page 18 of 37 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHL Y STATUS REPORTS 8.1.1 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 of: All monthly status reports and invoices shall be mailed to the attention Mr. Peter Hayden. PE Senior Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 2. COMPENSATION TO CONSULTANT 8.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make lump sum payments to CONSULTANT in accordance with percentage completion per phase, with the terms stated below. Payments will be made monthly in accordance with the following Schedule of values. PHASE I ITEM LUMP SUM FEE FOR: I FEE 1. Phase I -StackinQ Plan Update $ 12,000.00 2. Phase I - Schematic Design $ 22,098.00 3. Phase I - Desiqn Development $ 29,464.00 4. Phase I - Expenses $ 1,991.00 Phase I - Total Fee 1$ 65,553.00 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 12 Agenda Item No. 16E2 May 9, 2006 Page 19 of 37 PHASE II ! ITEM . 1. 2 3. LUMP SUM FEE FOR: Pha?~_11 - Co~_~til:'c~i2~_g2gl:lments!8idding Phase II - Construction Administration Phase II - Record Documents Phase II - Expenses Phase 11- Total Fee l FEE $ 58.928.00 $ 36,830.00 , -$-8,000:6-6---1 -------..------------------:--------------------- ---I S 3.269.00 I $ 107,027.00 8.2.2. The fees noted in Section 2.1. shall constitute for: Phase I (Sixty Five Thousand Five Hundred Fifty Three) ..................................... $ 65,553.00 Phase II (One Hundred Seven Thousand and Twenty Seven Oollars)... ..... ". ... .., ... ......$ 107,027.00 to be paid to CONSULT ANT 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 ot 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 tor the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-ot-pocket expenses incurred in the performance of all such services. 8.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments tor 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 and such disputed fees do not exceed 10% of the total basic service fees for such services. 3. SCHEDULE OF PAYMENTS: 13 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 Agenda Item No. 16E2 May 9,2006 Page 20 of 37 B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule 8, 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. 8.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 8.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove as per Standard Billing Rates and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. 8.3.4 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. 8.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or additional services must comply with OWNER'S then current standard reimbursable expense policy, be charged without mark-up by the CONSUL T ANT, and shall consist only of the fOllOWing items: 8.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement. 8.3.4.1.2. Mileage outside of Lee and Collier County approving in writing by OWNER. B.3.4.1.3. Permit Fees required by the Project. 8.3.4.1.4 Other items on request and approved in writing by the OWNER. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 14 Agenda Item No. 16E2 May 9, 2006 Page 21 of 37 EXHIBIT C STAFFING Key personnel assigned by CONSULTANT to the services under this work order: . Spillis Candela DMJM Don Dwore, AlA Enrique Macia, AlA Steve Berler Jorge Perez Hector Seiglie, PE Erick Gonzalez, PE Emilio Rivero, PE Ovidio Rodriguez, PE Key Subconsultants to be assigned to the services under this work order: . Dan L. Wiley & Associates Dan L. Wiley Marcia Long COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE RENOVATIONS FLOORS 1 AND 4 15 ;....,4 Agenda Item No. 16E2 May 9,2006 Page 22 of 37 EXHIBIT A2-A SCOPE OF SERVICES The Consultant will provide furniture and furnishings selections and specifications associated with four floors (1 st, 2nd, 3rd, and an additional floor to be determined) of the Collier County Courthouse Annex. The project consists of approximately 80,000 GSF of lobbies, public queuing areas, general office spaces, and open plan workstations. This proposal is based upon the assumption that all furniture shall be new; however, existing furniture can be incorporated into the Project as an Additional Service. The Owner shall provide the Consultant with a list of acceptable loose furniture manufacturers and advise of the pricing structure to be used for budgeting purposes. The Owner has requested that comparable Herman Miller and Steel case workstation components be specified for use in obtaining bids. Services shall proceed according to the phases and schedule outlined below: SCHEMATIC DESIGN 1. The Consultant shall meet with a key representative of each department to confirm the requirements of the Architect's preliminary workstation and equipment layout. 2. The Consultant shall present updated furniture plans illustrating workstation block plans, office layouts, and support spaces with recommendations for any receptacle or fixture location changes to the Architect's telephone/data, and power plans. 3. Upon the Owner's approval, Spillis Candela DMJM shall coordinate any receptacle or fixture location changes with notes of critical dimensions. 4. Spillis Candela DMJM shall prepare a schematic design presentation consisting of: a. A line item furniture budget based upon Owner supplied pricing discounts. b. Conceptual selections of loose furniture. c. Comparable Herman Miller and Steelcase open plan workstation selections. d. Concepts for color palettes and finish materials to coordinate with Architect's building color scheme. These concepts shall be shown in a loose presentation manner. DESIGN DEVELOPMENT 1. The Consultant shall prepare a Design Development presentation consisting of: a. Final loose furniture and open plan workstation plans including typical workstation plates illustrating filing, storage and work surface areas. b. Presentation boards with photographs and color finish samples of the COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) 1 Agenda Item No. 16E2 May 9, 2006 Page 23 of 37 recommended furniture. c. A final Furniture Budget. CONTRACT DOCUMENTS 1. The Consultant shall prepare descriptive specifications for the Owner's purchase of loose furniture. These specifications shall be based upon a sote manufacturer. 2. The Consultant shall prepare outline specifications, furniture plates and isometric drawings for each open plan workstation configuration. The specifications shall identify comparable Herman Miller and Steelcase product lines for components. 3. The Consultant shall prepare coded floor plans indicating locations for the installation of new furniture. BIDDING 1. The Consultant shall transmit the documents to the Owner for its use in bidding, negotiating contracts and purchasing. 2. The Consultant shall review the system furniture manufacturer's specifications and plans for compliance. CONTRACT ADMINISTRATION 1. The selected furniture dealer shall prepare the furniture installation plans and coordinate with electrical and data/telephone receptacle locations. 2. During the installation phase, Spillis Candela DMJM shall attend one job site review of the initial panel layout and one final punch list walk-through with the Owner and the Installer. 3. Spillis Candela DMJM shall prepare and issue a punch list to the Furniture Dealer specifying the work to be corrected prior to final payment by the Owner. 2 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) Agenda Item No. 16E2 May 9, 2006 Page 24 of 37 PROFESSIONAL FEES, EXPENSES and SCHEDULE: 1. Schematic Design - 5 weeks, 2. Owner Review - 1 week 3. Design Development - 6 weeks 4. Owner Review - 1 week 5. Contract Documents - 6 weeks 6. Owner Review - 1 week 7. Bidding - 3 weeks 8. Contract Administration - 16 weeks 9. Expenses $24,000.00 $28,000.00 $24,000.00 $ 5,000.00 $ 7,000.00 $ 6.000.00 $94,000.00 SCHEMATIC DESIGN 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. 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 7 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. DESIGN DEVELOPMENT 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: 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. 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 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) 3 Agenda Item No. 16E2 May 9, 2006 Page 25 of 37 OWNER in order to obtain OWNER'S written approval and authorization to proceed to the Construction Documents Phase. CONTRACT DOCUMENTS After OWNER'S review and approval of the Design Development Documents and issuance of OWNER'S written authorization to proceed, CONSULT ANT shall commence the Contract Documents services and perform the following: Prepare final plans and specifications, Contract 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. All Contract Documents prepared by orfor CONSULTANT are subject to OWNER'S review and approval. At completion of the Contract Documents Phase. CONSULTANT shall submit the Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 7 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Contract Documents as required by OWNER to obtain OWNER'S written approval of such documents. BIDDING CONSULTANT shall cooperate with and assist OWNER during the Bidding Phase as hereafter provided with respect to the selection of the Contractor: CONSULTANT shall provide the OWNER'S Project Manager with one electronic copy of the Contract Documents and all other bidding documents prepared by or for CONSULTANT. CONSULTANT shall assist OWNER in reviewing. evaluating and advising OWNER regarding bids. The CONSULTANT shall make a written recommendation to the OWNER with respect to the OWNER entering an agreement with the apparent Successful Bidder. CONSULTANT shall prepare any required addenda to the Contract Documents, submit addenda for OWNER review and approval, and distribute all required copies to all necessary parties as determined and approved by OWNER. 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 the CONSULTANT through the issuance of Addenda through the Owner's Project Manager. CONTRACT ADMINISTRATION CONSULT ANT 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. 4 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) Agenda Item No. 16E2 May 9, 2006 Page 26 of 37 During the Contract Administration Phase, CONSULTANT shall provide the following services: · Process, review, respond and distribute shop drawings, product data, samples, substitutions and other submittals required by the Construction Documents within five (10) business days. · CONSULTANT, as representative of OWNER during furniture installation, 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. · 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 Certificate of Payment shall constitute a representation by CONSULTANT 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 (Hi) Contractor is entitled to payment in the amount certified. · 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. · CONSULTANT shall be, in the first instance, the interpreter of the requirements of the Contract 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. · Prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by Contractor or OWNER. 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 ( 10) 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. CONSULTANTS approval of a specific item shall not indicate approval of an assembly of which the item is a component. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) 5 Agenda Item No. 16E2 May 9, 2006 Page 27 of 37 . 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 Work Change Directives to the OWNER for approval and issuance to the Contractor and revise the Contract Documents accordingly. . CONSULTANT shall review the Project schedule, 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. . Receive notice from Contractor if other work related to the Project by OWNER'S own forces, by utility owners, or by other direct contractors will involve additional expense to Contractor or require additional time and promptly advise OWNER in writing. . Receive copies of all accident reports submitted by Contractor. SERVICES RELATING TO ALL PHASES: OWNER shall provide timely responses and infonnation to maintain the project schedule. Prompt written notice shall be given by the OWNER to the CONSULTANT if the OWNER becomes aware of any fault or defect in the project or noncomformities with the contract documents. Notwithstanding any other provision of this Agreement, the CONSULTANT and subconsultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. Notwithstanding anything in this Agreement, CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures, precautions and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by OWNER'S construction contractors." ADDITIONAL SERVICES: The services described below are not included in Basic Services unless so identified previously in this work order, and they shall be paid for by the OWNER as provided in this agreement, in addition to the compensation for Basic Services. The services provided below shall only be provided if authorized in writing by the OWNER. . Assist OWNER and Contractor in the training of the facility operation and maintenance personnel with respect to the proper operations, schedules, procedures and inventory controls for the various Project equipment and systems. Such assistance shall include assisting OWNER in arranging for and coordinating the instruction and training on operations and maintenance of the Project's equipment and systems in conjunction with the various manufacturer representatives. Further, CONSULTANT is to attend all such training sessions, unless otherwise consented to by OWNER in writing. 6 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) Agenda Item No. 16E2 May 9,2006 Page 28 of 37 · Schedule via OWNER and visit with OWNER and Contractor the facility at initial occupancy and at six (6) and eleven (11) months after occupancy. 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. · 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"). CONSUL TANT 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. The electronic copy on CD of the Record Documents shall be provided in AutoCAD.dwg format, "purged and bound", and compatible with OWNER'S system Contents of CONSULTANTS Record drawings are conditioned upon the accuracy of the information and documents provided by the construction contractor. · Submit a facility 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. · If more extensive representation at the site than is described is required, the architect shalf provide one or more project representatives to assist in carrying out such additional on-site responsibilities. · Making revisions in Drawings, Specifications of other documents when such revision are: a. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project Budget. b. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or c. due to changes required as a result of the Owner's failure to render decisions in a timely manner. · Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. · Providing consultation conceming replacement of Work damaged by fire or other cause during construction, and fumishing services required in connection with the replacement of such Work. · Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor or by failure of performance of either the Owner or Contractor under the Contract for Construction. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) 7 Agenda Item No. 16E2 May 9,2006 Page 29 of 37 . Providing documents in connection with public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. . Providing analyses of the Owner's needs and programming the requirements of the Project. . Providing financial feasibility or other special studies. . Providing services to investigate existing conditions or facilities or to make measured drawings thereof. . providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. . Providing detailed estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. . Providing analyses of owning and operating costs. . Making investigations. inventories of furniture, materials or equipment. or valuations and detailed appraisals of existing facilities. . Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. . Providing services after issuance to the Owner of the final Certificate for Payment. or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. . Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted interior design practice. 8 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) Agenda Item No. 16E2 May 9, 2006 Page 30 of 37 EXHIBIT B PROJECT MilESTONE SCHEDULE 1 . Upon the Notice to Proceed issued by OWNER. the Schematic Design documents shall be submitted to OWNER within (5) weeks after the date of such Notice. 2. Upon authorization by OWNER to commence the Design Development service, the Design Development Documents shall be submitted to OWNER within 6 weeks after the date of such authorization. 3. Upon authorization by OWNER to commence the Construction Document service, the Construction Documents will be submitted to OWNER within 6 weeks after authorization to commence. 3. Bidding phase services are estimated at 3 weeks. 5. Contract Administration Services to be provided in accordance with the terms of the Construction Contract and the Project Construction Schedule and not to exceed 16 weeks.. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) 9 Agenda Item No. 16E2 May 9, 2006 Page 31 of 37 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1, MONTHLY STATUS REPORTS 8.1.1 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. 81.1.1 All monthly status reports and invoices shall be mailed to the attention of: Mr. Peter Hayden Senior Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make lump sum payments to CONSULTANT in accordance with percentage completion per phase, with the terms stated below. Payments will be made monthly in accordance with the following Schedule of values. r ITEM I LUMP SUM FEE FOR: i FEE r 1. I Schematic Desian 1$ 24.000.00 12. I Design Devel~F_I1l~!!L_______ -1~ 28,000.00 :-3. ,_._-"--------~---'--_.. I Contract Documents 24,000.00 14. I Biddinq \$ 5.000.00 15. I Contract Administration \$ 7,000.00 16. I Expenses 1$ 6.000.00 r T Total Fee 1$ 94,000.00 B.2.2. The total fees noted in Section 2.1. shall constitute: (Ninety Four Thousand Dollars)... .............................................. .................$ 94,000.00 to be paid to CONSULTANT for the performance of the Basic Services. 10 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) Agenda Item No. 16E2 May 9, 2006 Page 32 of 37 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 S 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 incfude 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, CONSUL TANT 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 and such disputed fees do not exceed 10% of the total basic service fees for such services. 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 S, 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 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 as per Standard Billing Rates and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. 8.3.4 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. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) 11 Agenda Item No. 16E2 May 9,2006 Page 33 of 37 8.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or additional services must comply with OWNER'S . then current standard reimbursable expense policy, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 8.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement. B.3.4.1.2. Mileage outside of Lee and Collier County approving in writing by OWNER. B.3.4.1.3. Permit Fees required by. the Project. B.3.4.1.4 Other items on request and approved in writing by the OWNER. 12 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF&E (4 FLOORS) Agenda Item No. 16E2 May 9,2006 Page 34 of 37 EXHIBIT C STAFFING Key personnel assigned by CONSULTANT to the services under this work order: · Spillis Candela DMJM Don Dwore, FAIA Enrique Macia, AlA Steve Berler Dean Newberry, IIDA Lynn Gordon, /IDA Brigitte Molitor Key Subconsultants to be assigned to the services under this work order: · NA COlliER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEXFF&E (4 FLOORS) 13 Agenda Item No. 16E2 May 9, 2006 Page 35 of 37 SPILUS CANDELA DMJM Spill is Candela DMJM 800 Douglas En~rance, North Tower, ?Gd Floor. Coral Cdoles, Florida 33134 r 305.444 46~1 F 305.~47.35RO wwwspilltscanrJeladIllJ'1U':OIll Peter J. Splll:5. AlA Hilario F Candela, FAIA Julio Grabiel, AlA 3uillermo Carreras, I\IA D:;r.ald Dwore, rAIA Dean K. ~Jewberry. IIDA Jesus Cruz, r~IA Clevo'on S. ,,,Ierr Michael KeN/in, Al.II, Paul Reinarrran \1'1. P:!n3ld f-!~J;'1t. PE Jo"gc I~~:e:--;!as, ,~lA Enrnu( J Macl']. t..iA S8ndy ()'~~ed March 6, 2006 Mr. Peter Hayden, P.E. Senior Project Manager Department of Facilities Management 3301 Tamari Trail East, Bldg. W Naples, Florida 34112 RE.: Collier County Parking Garage-Additional Services SCDMJM Project No. 032113052 Collier County Contract 00--3173 Dear Mr. Hayden: As follow up to our meeting with the Building Department and Fire Code officials, and the directives issued from Facilities on February 28, 2006, we are submitting this proposal for Additional Services to provide the design and construction documents for a fully automatic fire sprinkler system for the Parking Garage. The zoning review SDP process and the Building Department Permit submittals have been extremely difficult for the Parking Garage - an open facility with a straight forward structure and building systems. Our office has been involved in the Building Department Permit review for over 10 months to date, and we have responded to and resolved all comments with the exception of the Fire Code issues regarding the fire protection system proposed for the Garage. At the beginning of the Building Permit process in early May of last year, I wrote to you about our concerns regarding these plan review comments. I spoke about how we develop our design and construction documents and apply all relevant codes in an appropriate manner for a facility of this type. We have used our best professional judgment in reaching this point, conforming to what we believe is a reasonable interpretation of the code in order to achieve meaningful benefits for Collier County in terms of lower construction cost, greater functionality or ease of construction. However, actually achieving these benefits would depend on the permitting authority not taking exceptions to our interpretations. In our two meetings with the Fire Code and Building Department regarding the proposed standpipe fire protection system, the authorities having jurisdiction have taken the position that without providing a fully automatic sprinkler system, a complete building permit would Flonda :"'icen~e A.A OJo)3298 "'" Areo"",, (O\~l","n Agenda Item No. 16E2 May 9, 2006 Page 36 of 37 Mr. Peter Hayden Senior Project Manager Deparbnent of FaciUties Management March 6, 2006 Page 2 of 2 not be issued and a Certificate of Occupancy would never be granted for the facility. In lieu of the formal appeal process. which would at this point cause serious delays to the ongoing construction, the team has agreed on the necessity to quickly provide the permit documents for the sprinkler system. Spillis Candela DMJM will perform the' work related to these revisions as indicated in the attached labor I Fee spreadsheet. The estimated man hours and resultant proposed fee for Spillis Candela DMJM to prepare the revised Construction Documents would be $13,980.00 Work under this proposal will be invoiced under SpilUs Candela DMJM Project No. 32113052.0011. Please sign and return one original of the attached Additional Services Authorization Form so that we may begin this work. Thank You, Steven P. Berler Senior Associate SB/mac. CC: D.Dwore, B. Grossinger, E.Macia SPilUS CANDELA DMIM ...." ... Agenda Item No. 16E2 May 9,2006 Page 37 of 37 Spillis Candela & Partners, Inc. d/b/a Spillis Candela DMJM 800 Douglas Entrance Coral Gables, Florida 33134-3119 305/4444691 Internet EMail: scp@miami.com FAX 305/447 3580 Owner-Architect Additional Services Authorization Form PROJECT: Collier County Parking Garage PROJECT NO.: 32113052.0011 DATE OF AGREEMENT: Amend, #1January 14,2003 MODIFICATION DATE: March 6, 2006 PM: Steve Berler EPM: Ron Hunt PIC: Don Dwore The services described below are not included in Basic Services and shall be paid for by the Owner in accordance with the Owner-Architect Agreement and as stipulated below, in addition to the compensation for Basic Services: Preparation of Construction Documents and professional services to provide a fully automatic fire sprinkler system per directive from the Fire Code officials. Hourly as per contract terms Lump Sum Other Tim!'! ::inn M~tp.ri::lls pAr Contract Change (estimated) in fee as a result of this contingency service modification $ 13.980.00 (If hourly indicate estimated total amount) Schedule impact ': 0 No o Yes (Number of weeks ./ Unknown at this time The services described above shall only be provided if authorized by the Owner's Representative with the completion and signing of this form. Please acknowledge your acceptance by signing each original document provided. Retain one original and return the other original to our office. (Signature) ~f/&~ (Signature) Owner's Representative StAvAn P RArlp.r !=>f!nior Assod::ltp. (Printed Name and Title) (Printed Name and Title) (Date) March 6. 2006 (Date) · Downstream impact to later phases of work are not identified at this time. Architect reserves the right to submit additional costs once impact can be assessed. Agenda Item No. 16E3 May 9, 2006 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 01 to the Agreement with Collier County District School Board for the Driver Education Grant Program OBJECTIVE: To receive approval of an amendment to the agreement with the District School Board to allocate Driver Education Grant funds for summer driving school and supplies and new equipment needed to provide equity for all programs within the district. CONSIDERATIONS: On July 29, 2003, the Board of County Commissioners adopted Ordinance No. 2003-39, entitled "Dori Slosberg Driver Education Ordinance" to authorize the collection of a surcharge to supplement driver education funds and to establish the Driver Education Trust Fund 173. The Board further approved grant program procedures on October 14, 2003 that authorize the County Manager, or designee, to solicit grant applications and to negotiate a grant agreement with any eligible applicants. The 2006 Grant Program guidelines and applications were sent to each of the private high schools and the District School Board on January 23, 2006. A response was received only from the District School Board to fund a summer driver education program and to pay for new supplies and equipment for the regular and summer school programs at a cost of$148,087. The Summer School program is also open to private high school students. The District School Board was the recipient of the 2005 funds as well and has submitted an Interim Project Synopsis summarizing the use of funds through March 2006. The Interim Project Synopsis requests permission to carry approximately $45,000 in funding from the 2005 Grant Cycle into the 2006 Grant Cycle. The Final 2005 report that will be presented to the Board of County Commissioners at the end of the 2005 project will indicate the exact amount and use of 2005 funds carried forward into the 2006 project. Use of the unexpended 2005 funding will also be included in the Final 2006 Report that will be presented to the Board of County Commissioners following the end ofthat project time period. The original agreement between Collier County and the District School Board anticipated that the School Board would submit applications for subsequent years and was therefore written to allow extensions. FISCAL IMPACT: If approved, funds in the amount of $148,087 must be provided within 45 days to the District School Board from Fund 173, Driver Education. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Amendment No. 01 has been reviewed by the County Attorney's Office for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approve Amendment No.1 to the Agreement with Collier County District School Board for the 2006 Driver Education Grant Program. PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services. Agenda Item No. 16E3 May 9, 2006 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E3 Meeting Date: Recommendation to approve Amendment No, 01 to the Agreement with Collier County District School Board for the Driver Education Grant Program. 5/9/20069:00:00 AM Prepared By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 4/24/20063:02:37 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 4/27/20062:42 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 4:26 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/1/200611:24 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/1/20064:30 PM Agenda Item No. 16E3 May 9, 2006 Page 3 of 17 2005-2006 Proiect Synopsis The 2005-2006 Slosberg Fund has provided additional funding for our program. Specifically, the funding has been used for fuel, maintenance, equipment, computer-based simulators, and summer school teachers. The Slosberg Funds have assisted us in reaching our goals in Driver Education to achieve the National Driver Education Standards. We are also a Third Party Tester for the State Department of Motor Vehicles. The Driver Education Teachers can issue Written and Road Test Waivers to their students upon proven competencies established by the DMV if students demonstrate proficiency as outlined by the State DMV. Our project included two summer school sites for Driver Education for both private and public school students. Four teachers worked at each site, which changed because of student enrollment. Golden Gate High School and Palmetto Ridge High School and provided instruction for 180 students. In addition, we purchased equipment, supplies, and fuel/maintenance for the regular school year programs. Each high school received a computer based simulator to enhance instruction and provide situational experiences for student that they would not normally engage in. We provide instruction for approximately 5,000 Collier County students each school year. The fuel and maintenance expenses are not complete yet, as the service on the vehicles occurs at the end of the school year. Also, the computer based simulators were provided to the district at a discounted rate. At the end of March, 2006, there is approximately $66,000 remaining in the fund. Some ofthe remaining funds will still be used for fuel and maintenance. We would like to roll approximately $45,000 of the remaining funds into the 2006-07 project. We will report the final amount spent in the final 2005-2006 report and will provide details on how the rolled 2005- 2006 funding was spent in the 2006-2007 final report. 100 8 Teachers for Summer Program/2005-Salaries Salary and Benefits 210 Retirement Budgeted-$42,154.89 220 Social Security Expended-$18,553.21 240 Workers Compensation 370 Communi cati ons Budgeted-$3250.00 Expended-$3233.56 450 Gasoline Budgeted-$7961.00 Expended-$14 99.51 510 Supplies Budgeted-$28,036.64 Expended-$7232.73 520 Textbooks Budgeted-$79 1 3.60 Expended-$7912.60 540 Oil & Grease Budgeted-$8ll2.28 Expended- 550 Repair Parts Budgeted-$6,000.00 Expended-$2994.96 622 Non Capitalized A V Material Budgeted-$2412.80 Expended-$2412.80 641 Capitalized Furniture & Equipment Budgeted $93,000 S imulators/oneper NHS/BCH S/IH S/GCHS/EV G, LHS Expended$89,040 642 Non-Capitalized Furniture & Equipment Budgeted-$425.79 Expended-$425.79 TOTAL Budgeted-$199,267.00 Expended-$133,305.16 Agenda Item No. 16E3 May 9, 2006 Page 4 of 17 AMENDMENT NO. 01 TO AGREEMENT BETWEEN COLLIER COUNTY AND DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR DRIVER EDUCATION GRANT This AMENDMENT NO. 01, entered into this day of , 2006 to that Agreement dated July 21, 2005 between Collier County, a political subdivision of the State of Florida, located at 3301 Tamiami Trail E., Naples, Florida 34112, ("COUNTY") and the District School Board of Collier County, located at 5775 Osceola Trail, Naples, Florida 34109, ("SCHOOL BOARD)." WHEREAS, the Agreement specifies that it can be extended for consecutive years with reference to each new project as identified in the Application Form for the respective fiscal year, with program changes reflected in the respective Amendment to the Agreement; and WHEREAS, renewal of the Agreement must be approved by the Board of County Commissioners and the School Board; and WHEREAS, the SCHOOL BOARD continues to expend funds from the 2005 Driver Education Grant Program that has an end date of June 30, 2006, and the SCHOOOL BOARD has not yet submitted its final report for this fiscal year, but has submitted the required "interim project synopsis" which synopsis is determined to be sufficient by COLLIER COUNTY; and WHEREAS, the SCHOOL BOARD has responded as the sole applicant to the 2006 Driver Education Grant Program Request for Proposals that was sent to the District School Board and all non-public high schools listed in the Driver Education Grant Program; and WHEREAS, this Amendment Number 1 is consistent with the requirements of the Agreement, the Ordinance and the requirements of the Driver Education Grant Program. NOW, THEREFORE, the Parties agree follows: I. AVAILABILITY OF FUNDING Agenda Item No. 16E3 May 9, 2006 Page 5 of 17 Total funding available in the Driver Education Trust Fund, as of February 1, 2006, was $150,646 (Funds). Additional surcharges continue to be collected and will be available for the 2007 Driver Education Grant Program cycle. II. USE OF FUNDS The SCHOOL BOARD has requested $148,087 of the available funding and agrees that: (1) the SCHOOL BOARD will use the $148,087 solely for eligible direct education expenses, which includes purchase of goods and services including driver education course materials, vehicles to be used exclusively for driver education programs, driver simulators, and salaries of driver education instructors; (2) the SCHOOL BOARD will not use the Funds for administrative expenses; and (3) the SCHOOL BOARD will not use the Funds to supplant already existing funds; and (4) the SCHOOL BOARD will comply with all additional Ordinance terms and requirements concerning the use of funds, attached as Exhibit A. III. PROJECT The SCHOOL BOARD agrees that it will only implement the project as represented in its Application Form (Application), attached as Exhibit B, and as permitted by the Driver Education Grant Program, attached as Exhibit C. The project will provide additional driver education teachers and additional substitute driver education teachers, supplies, and more equipment and fuel/maintenance than the previous Project. IV. UNSPENT 2005 FUNDING The SCHOOL BOARD maintains that funds in the approximate amount of $45,000 from the 2005 Driver Education Grant Program cycle shall not be spent by the end of that project time frame. Although the Grant Program guidelines implies that monies disbursed, but not spent at the end of the respective project's time frame, are to actually be returned to the Trust Fund for disbursement the next following project year, but the applicant for the 2006 Grant Program cycle 2 Agenda Item No. 16E3 May 9, 2006 Page 6 of 17 is the same applicant and the project is similar, whereby COLLIER COUNTY deems it to be pointless to return the unexpended funds 2005, and those funds should be carried forward into the 2006 project. The final 2005 report that will be presented to the Board of County Commissioners following the end of the 2005 project time period will indicate the exact monetary amount of 2005 funds carried forward into the 2006 project. Use of the unexpended 2005 funding shall be included in the SCHOOL BOARD'S Final 2006 Report that will be presented to the Board of County Commissioners following the end of that project time period. V. PROJECT TIME FRAME The SCHOOL BOARD has represented in its Application that the project will begin on June 1, 2006 and will end no later than June 1, 2007. VI. ORIGINAL AGREEMENT IS NOT AMENDED EXCEPT AS EXPRESSLY ,..-. SPECIFIED IN THIS AMENDMENT NUMBER ONE. All other aspects ofthe Agreement remain unchanged except to the extent expressly amended by this Amendment Number 1. DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By: KATHLEEN CURATOLO, Chairman ATTEST: D~GHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRANK HALAS, Chairman , Deputy Clerk Approved as to form and legal sufficiency: TOM PALMER Assistant County Attorney 3 Agenda Item No. 16E3 May 9,2006 Page 7 of 17 4 (..', Co": ,." . rJ." . , ~... AN ORDINANCE OF THE BOARD OF COUNT!~:. - COMMISSIONERS OF COLLIER COUNTY, FLORIDi!!i=:; <::) PROVIDING FOR FUNDING FOR DRIVER EDVCA TJ~Pl 0 PROGRAMS IN COLLIER COUNTY'S PUBLIC AND PRIVATE mGn SCHOOLS; PROVIDING FOR FINDINGS OF "'ACT AND PURPOSE; PROVIDING FOR COLLECTION OF SURCHARGE; PROVIDING FOR DISTRIBUTION OF FUNDS COLLECTED; PROVIDING FOR EXPENDITUR~--Arm-"MANXGEMENT O'FFUNDS BUDGETED; . PROVIDING FOR CONSTRVcnON; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECfIVE DATE. ORDINANCE NO. 2003--3.L Agenda Item No. 16E3 May 9, 2006 Page 8 of 17 ..... _.... ~..:o r- _. e-. r-:: ~ ":: :=:' ~ ...~... <. . I I r .r- ::-~ .71 -=, WHEREAS. Section 318.1215 of the Florida SUltutes. entitled "Dori Slosberg Driver Education Safety ACI," authorizes the Collicr County Clerk of the Circuit Court ("Clerk") upon the adoption of an ordinance by the Board of County Commissioners to collect an additional three dollar ($3.00) surcharge on all civil traffic penalties in Counly Court to be used 10 fund the Qirect edu~tion cxpcnsesof traffic education p~grarns in both public and non-public high schools; and WHEREAS. the Board of County Commissioners of Collier County, Florida deems it appropriate and in the best interest of the public health, safety and welfare to adopt this Ordinance to collect a surcharge 10 supplement already existing driver education funds. NOW, THEREFORE BE rr ORDAINED by the Boord of County Commiuioncrs of eome},County, Florida that: SECl10N ONEi 1TI1..E AND err AnON This Ordi~ance shall be known as the "Dori Slosbers Driver Education Ordinance. " Sl!:CJ'ION TWO: FINDINGS OP FACf AND PURPOSE (I) The U.S. Depanmcnt of Transponation's National Hilhway Traffic Safety Administration studies reveal that a significant percentale of young drivers arc involved in traffic crashes and are twice as likely as adult drivers to be in a fatal crash and that the problems , . skills. ;~t~~,",<_~,~.,';d.;;_, J:;'~..,_.'" " ........ -..,-, .- '... -,.,., ",".", "'-'.' .' ...:,.-:..:~.:~ -::'" ' '.,'.',> :.,-:~_:.'. :,--,',:. .. .".,. .,...., '. ." -,' , ".' . '_c---.- ..,_ lof4 ....'....,..... uUle d~ying /. ,/ Agenda Item No. 16E3 May 9, 2006 Page 9 of 17 (2) There is infonnation indicating that not all eligible high school students in Collier County arc given the opportunity to participale in driver educDtion programs. (3) Due to the high demand and importance or driver education programs, cxisting programs need to be expanded and additional programs created. (4) The Board of County Commissioners is authorized by i 318.1215 Fla. Stat. to enlCt an ordinance authorizing the Clcrk to collect a three dollar ($3.00) surcharge on all civil traffic penalties in County Court to be used to fund the direct education expense~ or trolffic education programs in both public Dnd non-public high schools. SECflON THREE: COLLECTION OF SURCHARGE (l) Pursuant to t 318.1215 Fla. Stat., a three dollar ($3.00) surcharge shall be added by the Collier County Coun againsl every penon who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or non-moving civil traffic violario!l. (2) The three dollar ($3.00) surcharge shall be in addition to any fine, civil penalty or other court cost and will not be deducted from the procCeds of that portion of any finc or civil penalty which is received by Collier County in accordance with U 316.660 and 318.21 Fla. Stat. (3) The three dollar ($3.00) surcharge shall be specifically added to any civil penalty paid.wh~c;ther such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and detennination by the court. SECMON FOUR: DISTRffiUnON OF FUNDS COI.l..ECTED (1) The Clerk shall collect the three-dollar ($3.00) surcharge in accordance with t 318.1215 Fla. Stat. (2) All funds collected pursuant to this Ordinance shall be used for the cxclusive purpo~ of funding driver education programs, and shall be deposited into a special bUSt fund to be used to exclusively fund the direct education expenses of traffic education programs in both public and non-public: high schools. (2) All funds collected shall be used exclusively to supplement funding for direct education expenses of traffic education programs in both public and non-public high schools. (3) Direct educational expenses arc incuned for the purchue of goods and services including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors und . . shall not include adminislTlnive expenses. 20f4 SECTION FIVE: EXPENDtnJRE AND MANAGEMENT OF FUNDS BUDGETED (I) The County Manaser. or his designee. whh direction from the Board of County Commissioners, in accordance with i 318.1215 Fla. Stat.. and with the budget adopted by the Collier County Board of Commissionen. shall have the authority to provide for the expenditure of funds remitted to the traffic education program. (2) Procedures for diaburaement of the funds collected pursuant to this Ordinance shall be developed by the County Manager. or his dealpec. and approved by the, Board of County Commissioners. (3) In order to receive funds, the eligible public and non-public high schools must make application for funds and receive approval by Collier County in accordance with the . program procedures established by the County Manager and must execute an acceptance agreement, acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver education programs and shan not be used to replace funds received from existing sources. (4) Monies that have not been disbursed at the end of each fiscal year shall be retained for disbursement in the subsequent fiscal year(s), as appropriate. SECI10N SIX: CO~~ucnON (2) This Ordinance is to be construed in accoJ'dance Wilh i 318.1215 PIa. Stat.. as it may be amended or replaced. SECTION SEVEN: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with iny other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or ponion of this Ordinance is held invali~ unconstitutional by any court of compclCl'lt jurisdiction. such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining ponion. SEcrJON EIGHT: INCLUSION IN THE CODE OP LAWS AND ORDINANCES The provisions of this Ordinance shall become, and be made a part of, the Code of Laws and Ordinances of COIliCT County, Florida. TIle acetion. of the Ordinance muy be renumbered or n:-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "anicle", or any other appropriate word. 3of4 Agenda Item No. 16E3 May 9, 2006 Page 10 of 1 7 SECnON NINE: EPFECTIVE DATE A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of Comer County Commissioners after adoption by the Collier County Board of Commissioners, and shall take errect and be implemented ninety (90) calendar days from the date of said filing with the Depanment of State. PASSED AND DULY ADOPTED by the Boud of County Commissioners of Collier County, Florida, this 2q~ay of ~L- '::i .2003. ",..........U,", A~.. . IS:! .~ ""'~ ,1 I c.;:t....,-.1 ''''''-1;. If~ . '. ........~-~" n.......l'~R~D ,.. ..,,,..lfo""':"'"'.';'@TOC . -:" '. 0.0 :~...~,'" ._~J--*l\' ~~ b1!_ . a .. .. .. I . At~. .i~lft .~. . ~~ 'I 5.~~~!J'\i.~ ", '. -1 "~or ,'" '" ' . ~'r.'lfJ-'.~ ...~ t,_ .......\v ,\'V . ApproveB'88ltlJlf6Yin and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OFCOI:!;: By: Tom Henning, Chainnan This ordinance tiled with the ~ of j.';~'~fflc;. the day of , ..:lftt"! '1 and acknowledgement of that tili!'g rwc;elved this ~ day ota~ ~ ~~a. .....041 'JQ B~ . "'" 1ennifer A. B io Assistant Coun y Anorney 1I:JAB\Dri-edOnl , , . . 40f4 Agenda Item No. 16E3 May 9, 2006 Page 11 of 17 c-.-:Apptication Form - Collier County Driver Education Grant Program Agenda Item No. 16E3 May 9, 2006 Page 12 of 17 GENERAL INFoRMATION Applicant Name: District School Board of Collier County Address: 5775 Osceola Trail Naples. Florida 34109 Phone Number: 239-377-0128 Contact Person: Debra Ogden Contact Phone Number, including extension (if different from above): Email Address:ogdende@collier.k12.fl.us Type of High School (check one) X--Public High School COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM ARRJication Form D~~_MCl!c~ 31, 2()06 Non-Public High School BACKGROUND INFoRMATION .. . . 1. List participating high school (5), address, phone number and campus contact information (if different than above). Barron Collier, Gulfcoast, Lely, Naples, Golden Gate, Palmetto Ridge, Everglades, Immokalee 2. Brief proj ect description. (provide more detailed description on follo'Wing pages). . Summer School Driver Education Program for high school credit for both Public and Private School Students Equipment for year round Driver Education Programs 3..-Approximate number {)f-studen.ts eligible for driver education. 8000 4. Approximate number of students to benefit from the project. 5000 5. Anticipated project start and end dates. Start: . t,J.J 0 (0 End: &:'/1 1t19- - t 6. Total funds requested. $ $148.087.00 7. Total number ofhie:h school students (srrades 9-12) on Sevtember 1st oforevious year. 12.000 I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs and will no nt normally budgeted funds for driver education. 'ct Official ::C,."_, EXHIBIT' ,~. .... '~t/~t!K~~"?\~ Authorized ig 3/rl/OL> Date Submit one original and two copies to Col/ier County Grants Coordinator. Administrative Services. Bldg. D., 3301 Tamiami Trail East, Naples, Florida 34112 Re: Driver Education Grant Program Page lof 3 ~ Applica1iurt Form - Cvllier Cuunly Driver Education Grant Program Agenda Item No. 16E3 May 9,2006 Page 13 of 17 CURRENT DRIVER EDUCATION PROGRAM DESCRIPTION Describe the existing driver education program. If none exists, indicate such and explain why. The Driver Education program exists in all of Collier County Public High Schools. At each school, a certified Driver Education teacher is responsible for the instruction of the class. Many of the teachers are assigned an aide for part of the school year to enable the teacher to take students ''behind the whee1." The two new high schools have computer based simulation for classroom lessons and the other high schools, with the exception of Everglades City Schools, they have theater based simulation. The programs consist of the following components: Road, Range, Simulation, and Classroom. This increased ftmding will allow for additional equipment, computer-based simulators, teacher and assistant time. The goal of the program is to achieve the National Driver Education Standards and serve as third party tester for the State Department of Motor Vehicles (DMV). Driver Education teachers can issue 'Written and road test waivers to their students upon proven documented competencies established by the DMV. The initial project 'Will include providing a, free summer school driver education program for public and private school students. In addition, the funds will be used for new equipment, supplies and additional fuel/maintenance for the regular school year and summer programs. PROPOSED PROGRAMlPROJECT Describe tFie proposed program or project. . The district's initial project will include two summer school sites for Driver Education for both private and public school students. Tbree or four teachers will work at each site, at their hourly teaching rate and funding will be used to provide new supplies & new equipment to provide equity for all programs within the district. S71hmit nn.p. nrifinall1.nd twn r.n[1ip..~ tn r.nlZip.r r:mmty rTrnnts r.nnrr/frrntnr, Admini~trrrtivp Sprvirp~. Rlrfg n. 'l'ln, Tnminmi TmiT PMI, Nn[""., Florida 34112 Re: Driver Education Grant Program Page 2 of 3 PROGRAMIPROJECT BUDGET List all budget items and their associated cost, including, but not limited to: personnel (salary, fringe), contract services, materials and supplies, equipment, etc. Note: All fUnds must be used exclusively to fund direct expenses of driver education programs. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative expenses are not elif!ible for grant fundin? Agenda Item No. 16E3 May 9, 2006 Page 14 of 17 T'" Application Form - Collier County Driver Education Grant Program Budllet Item Associated Cost Salary and Benefits 8 Driver Education Teachers for Summer Program/200S $52,087 Additional Substitute Days during the school year/1 per school $25,000 Supplies $5,000 Equipment $30,000 FuellMaintenance $36,000 TOTAL $148, 087.00 BllDGET NARRATJVE The budget narrative should justify the direct costs associated with the program/project, including {he necessity, reasonableness, and eligibility of all costs proposed in the above budget. 8 Driver Education Teachers for Summer Pro2l"am/3 teachers per site at two sites/Additional Substitutes Collier County no longer funds a comprehensive summer school program. Driver Education is recognized as the number one elective in the state. However, students in advanced classes, specialized programs, and/or students enrolled in private school may not have the opportunity to include Driver Education in their schedule due to the rigor of their course work This summer program gives students the opportunity to be properly trained in Driver Education and is vitally important as motor vehicle crashes are the number one killer of adolescents. The teachers will be paid their own hourly rate. Each school needs additional substitute time during the school year to allow for more behind the wheel time. New Supplies The updated list of new supplies includes: updated videos, technological applications, paper, curriculum materials, etc. New Equipment In order to be in compliance with the new D:MV third party tester contract, each school site must have an established and approved road test course. The district will purchase cones and road signs and markings. Additional Fuel!l\1aintenance In order to provide a quality summer program, the district must provide the behind-the-wheel component of the course. This also requires additional fuel for the vehicles and increased maintenance costs. Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples, Florida 341/2 Re: Driver Education Grant Program Page 3 of 3 . Program Description - Collier County Driver Education Grant Program Agenda Item No. 16E3 May 9, 2006 Page 15 of 17 COLLIER COUNTY DRIVER EnUCA TION GRANT PROGRAM GENERAL PROVISIONS Collier County has created the Collier County Driver Education Grant Program under the authority of Section 318.1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to collect a three dollar ($3.00) surcharge on all moving and non-moving civil traffic infractions, except infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of driver education programs in both public and non-public high schools. _ The Boat:d of County Commissioners of Collier County, Florida has deemed it appropriate and in the best interest of the public health, safety and welfare to adopt Ordinance No. 2003-39 to collect this surcharge to supplement driver education funding and, as such, to create a grant program to manage and disburse the funds appropriately. Funds collected will be deposited into a special trust fund established specifically for these funds. The County Manager, or designee, will request a quarterly report of these funds from the Clerk of Courts. By February 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and to each non-public high school indicating the provisions of the grant program and indicating an approximate funding level for that year. USE OF FuNDs U -- All funds c61I6d6a Will De used exclUsively to fund the direct expenses of dI1ver education programs in both public and non-public high schools in Collier County. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative expenses are not eligible for grant funding. Furthermore, based on the legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds to a new driver education program as long as the funds are used for the direct expenses of the new program and there is no supplanting of already existing funds. Funds will be apportioned based on the total number of high school students (grades 9-12) enrolled as of September 1 of the previous year, beginning in 2003 The application period will be March 1 - March 31 of the following year with funding based on collections through February 1 of each year, beginning in 2004. Each applicant will be required to report on the application the number of eligible students as of September 1 ofthe previous year. The apportionment of funds will be adjusted annually based on the number of students reported on each application, or in the case that no applications are submitted, by the County Manager, or designee, every three (3) years to reflect changes in number of eligible students due to growth and other changes affecting high school populations. .... ....EXHIBIT . I:':, .Co.:-- 1 , Program Description - Collier County Driver Education Gram Program Agenda Item No. 16E3 May 9, 2006 Page 16 of 17 Example: High School School Board Non-Public Hi Schools (tbd # of eligible 9-12 grade students as of9/1/03 500 50 Available Fundin $ 100,000 Funding per Hi School $90,909 $9,091 NOTIFICATION PROCESS By Februaryl of each year, the County Manager, or designee, will mail a letter to the School District contact and each non-public high school providing notification of the grant program provisions, deadline for applications and an estimated funding level for that year. The following contact information will be used and- may be amended as new non-public high schools are formed or as contact information changes: District School Board of Collier County Deb Ogden, Driver Education Coordinator 5775 Osceola Trail Naples, Florida 34109 Seagate Christian School Glenn Wiggins, Principal to 10 Whippoorwill Lane Naples, Florida 34105 Saint John Neumann High School Laura Campbell, Principal 300053'" Street Southwest Naples, Florida 34116 Community School of Naples Gene Rochette, Upper School Dean of Students 325 I Pine Ridge Road Naples, Florida 34109 SUBMITTAL PROCESS The application cycle will be open from March 1 - March 31 of each year. All applicants must submit an application for funding, using the application form provided, signed by the authorized official such as the school principal for private schools or the superintendent of schools for the District School Board of Collier County. Applications will include: 1) Applicant name and contact information, 2) Names and addresses of high schools to benefit, 3) Name, phone number, emaiI and mailing address of contact person, 4) Current program description, including total cost of current program, 5) Intended use of funds/project description, 6) Number of eligible students, 7) Expected time frame for project, 8) Budget for proposed project, and 9) Certifications (funding direct costs only, non-supplanting requirement). In subsequent years, proposals must provide a brief synopsis of the project or program funded in the previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days of completion of each project. 2 Agenda Item No. 16E3 May 9, 2006 . Program Description _ Collier County Driver Education Grant Program Page 17 of 17 All applications must be received on or before March 31 of each year at the following address: Collier County Grant Coordinator Re: Driver Education Grant Program 3301 Tamiami Trail East Naples, Florida 34112 EVALUATION PROCESS Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure completeness and eligibility. The County Manager, or designee, may work with the designated contact to obtain additional information or clarification as necessary in the approval process. APPROVAL AND AWARD PROCESS Following the review of each proposal, the County Manager, or designee, will coordinate with the project contact and the County Attorney's office to prepare a contractual agreement for each project. Each contractual agreement will then require approval by the Board of County Commissioners. Each agreement will acknowledge that funds received will only be used for direct educational expenses for driver education programs and will not supplant existing funding sources. Each agreement will also stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end of the project or termination of the grant period (whichever comes first). Agreements will also contain provisions for the County to have the right to audit the paperwork and project. DISBURSEMENT OF FuNDs _ __p~4s \Vj..ll.1:>e.~ii~bwsed within 45 days following the Board of County Commissioners approv-al of the contractual agreement. Example: Ste 2 (within 45 days) Funds Disbursed Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time frame shall be returned to the Trust Fund for disbursement in the following year. PROJECT REVIEW Within 90 days following completion of the project or termination of the grant period (whichever comes first), a fmal report must be submitted to the County Manager, or designee, which outlines how the funds were used and includes copies of invoices and checks and any other documentation of expenditures and verifies that the funds supplemented, but did not supplant existing funds. Failure to provide this report would constitute breach of contract and would affect an agency's eligibility for future funding. 3 Agenda Item No. 16E4 May 9,2006 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve change order number one (1) to work order number SCD- FT -05-01, under Contract 05-3850, "Architectural Engineering Services for the Collier County Government Center", for the design and construction services for the chiller plant expansion with Spillis Candela DMJM in the amount of $339,920.00, and to approve Amendment #1 to Contract 05-3850, which will increase the annual total initial compensation for Work Orders issued to Spillis Candela, from $500,000 to $2,000,000. OBJECTIVE: To gain Board of County Commissioner approval for change order number one (1) to work order number SCD-FT-05-01 for the design and construction services for the chiller plant expansion with Spill is Candela DMJM in the amount of $339,920.00. CONSIDERATIONS: The existing chiller plant, located in building "K", was originally constructed with two (2) 400-ton water-cooled chillers. As the cooling demand increased over the years, due to the Complex expanding, the existing chiller plant was upgraded to increase cooling capacity by installing two (2) ice storage tank farms served by dedicated chillers. Currently, the Government Center has a total of approximately 450,000 square feet of gross building area connected to the central chiller plant and the plant has a maximum capacity of 1,757 tons when using the ice farms. The new Courthouse Annex, with a total of 137,984 gross square feet, is under construction and the designed cooling load is 392 tons. A previous engineering firm had recommended expanding the chiller plant building and adding additional chiller units. In September 2005, the Facilities Management Department executed a work order with Spillis Candela DMJM to evaluate the chiller plant. Spill is Candela DMJM has recommended replacing two chiller units with 700-ton units to increase the plant capacity without expanding the building footprint and this proposed work order change is to address the design of these additional units. The increase to Work Order number SCD-FT-05-01 has exceeded the annual total compensation threshold of $500,000. The future volume of work required by Facilities Management to Spillis Candela, on an annual basis, will continue to exceed the annual total compensation of $500,000, All work orders generated under this contract will follow the $90,000 initial work order limit guidelines as set forth in the contract, any Work Orders with an initial dollar value over $90,000 will be presented as an Agenda item to the Board. FISCAL IMPACT: Funds for the design and construction phase services in the amount of $339,920.00 are available in the project budget and the source of funds is General Government Building Impact Fees, GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approves change order number one (1) to work order number SCD-FT-05-01 for the design and construction services of the chiller plant expansion in the amount of $339,920.00; approves Amendment #1 to Contract 05-3850 to increase the annual total compensation to $2,000,000; and authorizes the Chairman to sign the change order and Contract Amendment with Spill is Candela DMJM after review by the County Attorney's Office. PREPARED BY: Peter S, Hayden, P.E., Senior Project Manager, Department of Facilities Management "- Agenda Item No, 16E4 May 9,2006 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E4 Meeting Date: Recommendation to approve change order number one (1) to work order number SCD-FT- 05-01, under Contract 05-3850, Architectural Engineering Services for the Collier County Government Center, for the design and construction services for the chiller plant expansion with Spillis Candela DMJM in the amount of $339.920.00, and to approve Amendment #1 to Contract 05-3850, which will increase the annual total initial compensation for Work Orders issued to Spill is Candella, from $500,000 to $2,000,000. 5/9/2006 9:00:00 AM Approved By Ron Hovell Principal Project Manager Date Administrative Services Facilities Management 4/27/2006 9:46 AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 4/27/200612:02 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 4/27/200612:51 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 4127/2006 1 :35 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 4/27/2006 2:43 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 4:32 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/20064:09 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 412912006 2:40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 511/20067:25 PM . ._. .~..._ .... ...... .... ...... _ ...... .. .. .._.........._Age.ndalte.m-N.o...J..6E4...-<;> Date: Thursday, April 27, 2006 E-Mailed To Bonnie: Thursday, April 27, 2~e 93 ~?~~ l THIS ITEM WILL BE REPORTED TO THE BCC. PLEASE ENTER IN ON THE FINANCE INCOMING LOG ONLY Project Name: Chiller Plant Expansion Project Number: 52533 BIDIRFP #: 05-3850 - Project Management Oversight Mod#: PO#: 45000049822 Work Order Number: SCD-FT -05-01 Contractor/Consultant: Spillis Candella Original Contract Amount: S 64.500.00 (Starting Point) Current BCC Approved Amount: $ NA (Last Total Amount Approved by the BCC) Current Contract Amount: $ 64.500.00 (Including All Changes Prior To This Modification) Change Amount: $ 339.920.00 Revised ContractIWork Order Amount: S 404.420.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 339.920.00 Percentage Of The Change OverlUnder Current Contract Amount: 527 % Overview of change: To provide for an Owner requested proposal from Spillis Candella to provide design and construction services for the i iller pl.ant cxpajisio : which will provide chilled water for the Annex project. Contract SpeciaIJJV" ,,,I d ;:: r./-;!tl- Date: ~,/" '- I)n a L. Jacks Best Scanned Date: 'i ifl ).1 I n c- Data Entry Information: Type of Change: Work Order Project Manager: Peter Hayden Department: Facilities Management Change Caregory Type, Circle One Below: ..... -~ C 1. Planned or Elect.~~___._) 2. Unforeseen Conditions 3, Quantity Adjustments 4, Correction of Errors 5. Value Added Revised 7/11/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E4 May 9. 2006 Page 4 of 22 'JROJECT NAME: Chiller Plant Expansion PROJECT #: ~ BIDIRFP #: 05-3850 MOD #: Chan2e Order 1 PO#: 45000049822 WORK ORDER #:SCD-FT-05-01 DEPARTMENT: Facilities Original Contract Amount: $ 64.500.00 (Starting Point) Current BCC Approved Amount: $N/A (Last Total Amount Approved by the BCC) Current Contract Amount: $ 64.500.00 ([ncluding AIl Changes Prior To This Modification) Change Amount: $ 339.920.00 Revised Contract/Work Order Amount: $ 404.420.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 339.920.00 Date of Last BCC Approval N/ A Agenda Item N/A Vercentage ofthe change over/under current contract amount ~ Formula: (Current Amount / Last BCC approved amount)-! Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: September 2007 CURRENT: September 2007 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Owner requested a proposal from Spillis Candela to provide desi2n & construction services for chiller plant expansion. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional services are required for the chiller plant expansion to provide chilled water for the Annex proiect. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hoven. Skip Camp. Linda Jackson IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or 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 .lliVIEWED BY: JON: This form is to be sig9~6nrlJ1'S\1ed. Date: 9L!?~ / A'L..r 'y,1- Date: y!~ 7 (ct:. PROJECT APPROVE G:\Construction & Capital Items\52533 Courthouse Annex\Chiller Plant Expansion\Contract Mod Checklist Change Order Number I.doc Agenda Item No. 16E4 May 9,2006 Page 5 of 22 CHANGE ORDER ONE (1) TO WORKORDER # SCD-FT-05-01 TO: Steve Berler FROM: Petcr S. Havdcn Name of Firm Spillis Candela DMJM County Department Facilities Management Fim1 Address 800 Douglas Entrance North Tower, 2nd Floor Coral Gables, FL 33134 Address 3301 Tamiami Trail East, Bldg. W Naples, FL 34112 Project Name: Chiller Plant Expansion Project No. 52533 Work Order Dated: August 30, 2005 Change Order No.: One (1) Change Order Description: Work Order No. SCD-FT-05-01 Date: April 20, 2006 This change order is to fund planned phases of the project. Original agreement amount ......... .................... ........ ..... .................... $64,500.00 This Change Order No.1 Amount (add or subtract} ........................$339.920.00 Revised Agreement Amount ............................................................. $404.420.00 Original contract time in calendar days...... .... .. .... .......... . .... ..... ...... ..........730 days Adjusted number of calendar days due to previous change orders........... . ...... ...0 days This change order adjusted time is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..0 days Revised Contract Time in working days.................... ...... ............ ........ ...0 days Original Notice to Proceed date .................................................. September 6,2005 Completion date based on original contract time ........................ September 7,2007 Revised completion date due to change order(s)......................... September 7, 2007 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. 1/ /J Prepared bY:'~~ S. ~ Date: fierI(, / 0 b , I pet.er S, Ha..Yden~p.~.. S. en~ Project Manager Deta lent Nam ",// /J /' /'( /. /'" I If . // Accepted by: __..../ ,....... '" /' A:~. Date: D 1. 21, cG EnriquyM'~ia, * A.., })[incipal Spilli{ Curdcla O!'v1JM ! --/ / .-..../ Change Order No.1 Page 2 Approved by: -2~~1 S~p eml!-), epm1mcllt Director Department of Facilities Management Reviewed by: Stephen Y. Carnell, Director of Pure has in giG en era 1 Svcs. Reviewed by: Robert N. Zachary Assistant County Attorney Approved by: Chairman, Board of County Commissioners "i<..t.t .,' Agenda Item No. 16E4 May 9,2006 Page 6 of 22 Date: l{ - ~ 7 -0(0 Date: Date: Date: Agenda Item No. 16E4 May 9, 2006 Page 7 of 22 EXHIBIT A SCOPE OF SERVICES CONSULTANT will provide professional design and engineering services to complete the Phase 1 recommendations of the "District Cooling Plant Conversion Evaluation and Study" report prepared by Spillis Candela DMJM and accepted by Collier County. The proposed scope includes: Design Phase - Schematic Design/Design Development/Construction Documents 1. As- Built Review and site verification of existing conditions. 2. Mechanical demolition design to indicate the removal of the existing 400 ton chiller (CH-2) and all the associated piping, pumps and cooling tower. 3. Mechanical engineering design to install a new 700 ton chiller. The new chiller shall occupy the same bay of the one being removed. The design shall also include minor modifications to the existing primary chilled water and condenser water piping system to begin preparing these systems for future plant expansion proposed for subsequent phases. 4. Mechanical engineering design to relocate the point of connection of the chilled water branch pipes currently serving building H to a location downstream the secondary chilled water distribution pumps in order to integrate these lines as part of the existing secondary chilled water distribution system. 5. Mechanical engineering design to retrofit the existing air conditioning system currently serving the chiller plant. The retrofit shall include conducting HV AC cooling load calculations to assess the new cooling load demand for this building and replace the existing air handling units with new equipment as necessary in order to meet the new loads. 6. Mechanical engineering design to upgrade the existing chiller plant control system to allow for better monitoring and automatic implementation of the chiller plant sequence of operation. 7. Electrical engineering design to upgrade the power service as required to accommodate the proposed mechanical scope of work inclusive of future phase expansions as described in the "District Cooling Plant Conversion Evaluation and Study" report. 8. Structural engineering design to reinforce the slab structure to accommodate the additional weight imposed by the new chiller. The modifications shall also include the design of a new roof-mounted, steel-frame structure supported by the existing building columns to allow for the installation of the new cooling tower on the roof. 9. Architectural design work to develop electronic base drawings to be used in the implementation of the engineering scope of work. The design shall also include incidental building modifications necessary to accommodate the proposed scope of work. 10. Design for the replacement of the existing generator with the largest size unit or combination of units that can fit within the existing generator's room. The design for shutters or other devices to protect the louvers in the generator's room to prevent water intrusion during a storm event. The electrical scope of work will cover only the installation of the new larger generator or combination of units (with the ancillary equipment needed) and the reconnection of existing loads presently connected to the generator. Any modifications to the loads connected to the generator will be COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 Agenda Item No. 16E4 May 9,2006 Page 8 of 22 considered additional services. This proposal does not include any modifications to the fuel tank system. 11. Construction cost estimates are not a part of this contract. CONSULTANT shall coordinate with OWNERS Construction Manager to provide the necessary information for Construction Manager to provide the construction cost estimates. Permit and Bidding 1. Provide signed and sealed construction documents to the Construction Manager for submittal to the Collier County building department to obtain a building construction permit. 2. Responding to review comments generated by the building department to finalize the building permit process. 3. Assisting the owner during the bidding process by review of the Guaranteed Maximum Price furnished by the Construction Manager and working with the Construction Manager to finalize project costs. Construction Administration Services 1. Responding to contractor's RFl's as they relate to design work done by our office. 2. Reviewing shop drawings submittals to ensure compliance with construction documents and specifications. 3. Conducting bi-weekly site visits to report on the project progress. These services are to be provided in two separate phases. Phase I will include Schematic Design and Design Development. Phase II will include Construction Documents and Bidding/Construction Administration. Phase II services shall commence upon completion of Phase I and following Owner's written authorization to proceed to Phase II. Collier County is to provide as built documentation of the existing chiller plant, including architectural, structural, electrical, and mechanical systems. The creation of as-built field drawings by Spill is Candela DMJM (if required) would be considered additional services. Determination of SDP submittal requirements will occur during the Schematic Design/Design Development Phase. If the project is required to go through the SDP submittal process, this process will be considered an additional service. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 2 Agenda Item No, 16E4 May 9, 2006 Page 9 of 22 A design and construction cost for the chiller plant renovations is estimated below: PROJECT SCOPE 1. Renovations to the existing Collier County Chiller Plant. a. Phase 1 Chiller Plant Construction b. Contingency / Cost Escalation @ 10% Subtotal: ESTIMATE OF PROJECT COSTS $ 2,786,000.00 $ 278.600.00 $ 3,064,600.00 Note: Construction Cost Estimate will need to be verified by the Construction Manager (not a part of this contract) at the end of the Schematic Design/Design Development Phase to verify the estimate of construction costs and the scope. 2. Other project costs a. Testing and administration @ 2% $ 61,290.00 b. AlE Fees $ 330,020.00 c. AlE expenses $ 9.900.00 (printing, travel, Fed Ex, etc.) Total AlE and County Administrative Fees: $ 401,210.00 Estimate of Total Project Cost: $ 3,465,810.00 3. Fee breakdown/schedule: We are proposing to provide the following services in two phases as shown below: PHASE 1 a. Schematic Design/Design Development - 5 weeks b. Owner review - 1 week c. Finalize Phase I design - 1 week d. Expenses PHASE 2 e. Construction Documents/Bidding - 7 weeks f. Owner review - 1 week g. Finalize construction documents - 1 week h. Construction documents/Bidding expenses i. Permitting - Building permit estimated at 12 weeks j. Construction Administration - estimated at 12 weeks k. Record drawings - 1 week I. Construction Administration Expenses Total AlE fees/expenses COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 $ 112,644.00 $ inc. in item a $ 3.465.00 $ 116,109.00 $ 128,736.00 $ inc. in item f $ 3,960.00 $ inc. in item i $ 80,460.00 $ 8,180.00 $ 2.475.00 $ 223,811.00 $ 339,920.00 3 Agenda Item No. 16E4 May 9, 2006 Page 10 of 22 PHASE I: SCHEMATIC DESIGN/DESIGN DEVELOPMENT Based upon the mutually agreed-upon Project program, schedule and budget by OWNER and CONSULTANT, CONSULTANT shall prepare, Schematic DesignlDesign Development Documents in compliance with OWNER'S design guidelines for approval by OWNER. OWNER'S acceptance of Schematic Design/Design Development Documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of this Project. Consultant shall 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. Consultant shall continue developing the architectural, civil, structural, mechanical, electrical, security, and other discipline's responsibilities that establish the scope and details for that discipline's work. All Schematic Design/Design Development Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Schematic Design/Design Development Phase, CONSULTANT shall submit the Schematic Design/Design Development Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 7 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Schematic Design/Design Development Documents as required by OWNER in order to obtain OWNER'S written approval and authorization to proceed to the Design Development Phase. PHASE II: CONSTRUCTION DOCUMENTS After OWNER'S review and approval of the Schematic Design/Design Development Documents and issuance of OWNER'S written authorization to proceed, CONSULTANT shall commence the Construction Documents services and perform the following: 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. 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. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 4 Agenda Item No. 16E4 May 9, 2006 Page 11 of 22 CONSULTANT shall respond in writing to the review comments within 7 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. PHASE II: BIDDING CONSULTANT shall cooperate with and assist OWNER by review of the Construction Managers Guaranteed Maximum Price: CONSULTANT shall provide the Construction Manager with one electronic copy of the Construction Documents and all other bidding documents prepared by or for CONSULTANT. CONSULTANT shall assist Construction Manager in reviewing, evaluating and advising OWNER regarding bids. CONSULTANT shall attend the pre-bid conference and shall be responsible for developing and providing to OWNER any addenda to the Contract Documents that result from those conferences. CONSULTANT shall prepare any required addenda to the Construction Documents, submit addenda for OWNER review and approval, and distribute all required copies to all necessary parties as determined and approved by OWNER. CONSULTANT shall respond only to questions or requests for clarifications concerning the Construction Documents submitted in writing by Construction Manager. Written questions by bidders during bidding shall be answered by the CONSULTANT through the issuance of Addenda through the Owner's Project Manager. PHASE II: CONSTRUCTION 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. During the Construction Phase, CONSULTANT shall provide the following services: . Process, review, respond and distribute shop drawings, product data, samples, substitutions and other submittals required by the Construction Documents within five (10) business days. . Maintenance of a master file 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. . Construction field observation services consisting of visits to the Project site as frequently as necessary, but not more than (once every two weeks), 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, CONSULT ANT shall recommend to Owner to reject such Work. Provide a written report of each visit, within five COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 5 Agenda Item No. 16E4 May 9,2006 Page 12 of 22 (5) business days from the CONSULTANT'S site visit, to the OWN ER'S Project Manager. This field observation requirement shall apply to any subconsultants or subcontractors of CONSULTANT at appropriate construction points. · 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. · 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, CONSULT ANT 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 Certificate of Payment shall constitute a representation by CONSULTANT 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. · 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. · 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. · 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 ( 10) 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. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 6 Agenda Item No. 16E4 May 9, 2006 Page 13 of 22 · 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 Work Change Directives to the OWNER for approval and issuance to the Contractor and revise the Construction Documents accordingly. · 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. · CONSULTANT shall attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences. pre-closeout meetings and other Project-related meetings. · Receive notice from Contractor if other work related to the Project by OWNER'S own forces, by utility owners, or by other direct contractors will involve additional expense to Contractor or require additional time and promptly advise OWNER in writing. · Receive copies of all accident reports submitted by Contractor. · Review the Work to confirm that to the best of our knowledge the plans and facility comply with the current Florida Building Code. 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 · CONSULTANT shall assist in 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. · 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. · 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." 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 (CO) 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. The electronic copy on CD of the Record Documents shall be provided in AutoCAD.dwg format, "purged and bound", and compatible with OWNER'S system Contents of CONSULTANTS Record drawings are conditioned upon the accuracy of the information and documents provided by the construction contractor. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 7 Agenda Item No. 16E4 May 9, 2006 Page 14 of 22 SERVICES RELATING TO ALL PHASES: OWNER shall provide timely responses and information to maintain the project schedule. Prompt written notice shall be given by the OWNER to the CONSULTANT if the OWNER becomes aware of any fault or defect in the project or noncomformities with the contract documents. Notwithstanding any other provision of this Agreement. the CONSULTANT and subconsultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. Notwithstanding anything in this Agreement, CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures, precautions and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by OWNER'S construction contractors. ADDITIONAL SERVICES: The services described below are not included in Basic Services unless so identified previously in this work order, and they shall be paid for by the OWNER as provided in this agreement, in addition to the compensation for Basic Services. The services provided below shall only be provided if authorized in writing by the OWNER. · CONSULTANT shall update the campus Master Plan drawings to reflect the current as built condition related to the overall Master Plan goals. · Providing SDP submittal services in conjunction with the design of the chiller plant. · Providing Civil Engineering or Landscape Architecture services in conjunction with this project. · CONSULTANT will be required to develop a cost estimate as part of the Schematic Design/Design Development Documents and/or the Construction Documents phase 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 costs will exceed OWNER'S approved Project construction budget, OWNER may elect to modify its budget and/or require CONSULTANT to revise the Design Development Documents to bring them within OWNER'S approved Project construction budget. For cost changes associated with design changes within the architects control CONSULTANT shall be solely responsible for all costs and expenses which it may incur in revising the Design COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 8 Agenda Item No. 16E4 May 9, 2006 Page 15 of 22 Development Documents to bring them within OWNER'S approved Project construction budget. Since CONSULTANT has no control over local conditions, the cost of labor, materials, equipment or services fumished by others, or over competitive bidding or market conditions, CONSULT ANT does not guarantee the accuracy of any opinions of probable construction cost as compared to construction contractor's bids or the actual cost to the OWNER. . Any modifications to the loads connected to the generator will be considered additional services. Any modifications to the fuel tank system will be considered additional services. . Any construction administration services required beyond the schedule period set forth in Exhibit B Project Milestone Schedule will be considered extended construction administration and will therefore be considered additional services. . Assist OWNER and Contractor in the training of the facility operation and maintenance personnel with respect to the proper operations, schedules, procedures and inventory controls for the various Project equipment and systems. Such assistance shall include assisting OWNER in arranging for and coordinating the instruction and training on operations and maintenance of the Project's equipment and systems in conjunction with the various manufacturer representatives. Further, CONSULTANT is to attend all such training sessions, unless otherwise consented to by OWNER in writing. . 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 shalf not relieve CONSULTANT of its obligation to make other visits to the facility based on need should specific issues arise. . Submit a facility 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 . If more extensive representation at the site than is described is required, the architect shalf provide one or more project representatives to assist in carrying out such additional on-site responsibilities. . Making revisions in Drawings, Specifications of other documents when such revision are: a. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project Budget. b. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or c. due to changes required as a result of the Owner's failure to render decisions in a timely manner. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 9 Agenda Item No. 16E4 May 9, 2006 Page 16 of 22 · Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. · Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. · Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor or by failure of performance of either the Owner or Contractor under the Contract for Construction. · Providing documents in connection with public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. · Providing analyses of the Owner's needs and programming the requirements of the Project. · Providing financial feasibility or other special studies. · Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the project. · Providing services to investigate existing conditions or facilities or to make measured drawings thereof. · Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. · Providing detailed estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. · Providing analyses of owning and operating costs. · Providing interior design and other similar services required for or in connection with the selection, procurement or installation or furniture, furnishings and related equipment. · Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. · Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance. and consultation during operation. · Providing services after issuance to the Owner of the final Certificate for Payment or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Worle · Providing services of consultants for other than architectural, structural mechanical and electrical engineering portions of the Project provided as part of Basic Services. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 10 Agenda Item No. 16E4 May 9,2006 Page 1 7 of 22 . Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 11 Agenda Item No. 16E4 May 9, 2006 Page 18 of 22 EXHIBIT B PROJECT MILESTONE SCHEDULE 1. Upon the Notice to Proceed issued by OWNER, the Schematic Design/Design Development documents shall be submitted to OWNER within (7) weeks after the date of such Notice (Schematic Design/Design Development - 5 weeks, Owner review - 1 week, Finalize Phase I Design - 1 week). 2. Upon authorization by OWNER to commence the Construction DocumenVBidding service, the Construction Documents will be submitted to OWNER within (9) weeks after authorization to proceed (Construction Documents/Bidding - 7 weeks, Owner review - 1 week, Finalize construction documents - 1 week). Upon incorporation of Owner comments project will be submitted for permitting. Permitting time is estimated at a minimum of 12 weeks and will vary depending on permit comments and SDP submittal applicability and requirements. 3. Construction Administration Phase Services to be provided in accordance with the Construction Managers construction schedule. If Construction Administration Phase services are required beyond the accepted construction schedule those services would be considered extended construction administration phase services and would therefore be additional services. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 12 Agenda Item No. 16E4 May 9, 2006 Page 19 of 22 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS 8.1.1 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 8asic 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. 81.1.1 All monthly status reports and invoices shall be mailed to the attention of: Mr. Peter Hayden Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 2. COMPENSATION TO CONSULTANT 8.2.1. For the 8asic Services provided for in this Agreement, OWNER agrees to make lump sum payments to CONSULTANT in accordance with percentage completion per phase, with the terms stated below. Payments will be made monthly in accordance with the following Schedule of values. PHASE I ITEM 1. 2. 3. I LUMP SUM FEE FOR: Pro rammina I Phase I - Schematic Desi I Phase 1 - Expenses I Phase 1- Total Fee N/A 112,644.00 3465.00 116,109.00 PHASE II i ITEM I LUMP SUM FEE FOR: I FEE 1. Phase II - Construction Documents/8iddina 1$ 128,736.00 i 2. Phase II - Construction Administration 1$ 80.460.00 3. Phase II - Record Documents 1$ 8,180.00 4. Phase II - Expenses 1$ 6.435.00 Phase 11- Total Fee 1$ 223,811.00 8.2.2. The fees noted in Section 2.1. shall constitute for: COLUER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 13 Agenda Item No. 16E4 May 9, 2006 Page 20 of 22 Phase I (One Hundred Sixteen Thousand One Hundred Nine)................................. $116,109.00 Phase II (Two Hundred Twenty Three Thousand Eight Hundred Eleven) ............... $ 223,811.00 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 CONSU L T ANT 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 and such disputed fees do not exceed 10% of the total basic service fees for such services. 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 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 as per Standard Billing Rates and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 14 Agenda Item No. 16E4 May 9, 2006 Page 21 of 22 8.3.4 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. 8.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or additional services must comply with OWNER'S then current standard reimbursable expense policy, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 8.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement. 8.3.4.1.2. Mileage outside of Lee and Collier County approving in writing by OWNER. 8.3.4.1.3. Permit Fees required by the Project. 8.3.4.1.4 Other items on request and approved in writing by the OWNER. COLLIER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 15 Agenda Item No. 16E4 May 9, 2006 Page 22 of 22 EXHIBIT C STAFFING Key personnel assigned by CONSULTANT to the services under this work order: . Spillis Candela DMJM Don Dwore, AlA Enrique Macia, AlA Steve Berler Jorge Perez Hector Seiglie, PE Erick Gonzalez, PE Emilio Rivero, PE Ovidio Rodriguez, PE Key Subconsultants to be assigned to the services under this work order: . NA COLUER COUNTY GOVERNMENT CENTER District Cooling Plant Conversion Phase 1 16 Agenda Item No. 16F1 May 9, 2006 Page 1 of 2 .- EXECUTIVE SUMMARY Award RFP 06-3902, Fixed Term Professional Engineering Services for Coastal Zone Management Projects to Humiston & Moore Engineers and Coastal Planning & Engineering, Inc. in an estimated annual amount of $1,000,000. OBJECTIVE: To contract with two firms to provide coastal zone management assistance. CONSIDERATIONS: On September 19,2005, a Request for Proposal was issued. Notices were mailed to 139 firms, and 23 firms requested full proposal packages. Four (4) proposal responses were received by the October 21,2005 deadline and were distributed to the Selection Committee members at a meeting on November 22, 2005. The Selection Committee met on December 9, 2005, and by consensus, shortlisted the following firms: 1. Coastal Planning & Engineering, Inc. 2. Humiston & Moore Engineers "- By consensus, the Selection Committee recommends awarding contracts on an equal basis to Coastal Planning & Engineering, Inc. and Humiston & Moore Engineers. The Scope of Services states that work orders shall not exceed $90,000 for anyone project without Board approval and shall have a maximum annual contract amount limit of $500,000 per consultant. FISCAL IMPACT: The funding for each work order assigned under the approved contracts will come from each user department. It is anticipated that TDC Category "A" projects will provide the primary source of funds. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award RFP 06-3902, Fixed Term Professional Engineering Services for Coastal Zone Management Projects to Coastal Planning & Engineering, Inc. and Humiston & Moore Engineers on an equal basis, and authorize the Chairman to execute the standard contracts after approval by County Attorney. Prepared by Gary McAlpin, Coastal Project Manager, Tourism. ~ Agenda Item No. 16F1 May 9, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F1 Award RFP 06-3902, Fixed Term Professional Engineering Services for Coastal Zone Management Projects to Humiston & Moore Engineers and Coastal Planning & Engineering, Inc. in an estimated annual amount of $1 ,000,000. Meeting Date: 5/9/2006 9:00:00 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 412512006 10:50 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 4125120064:06 PM Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourism 4125120064:46 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 4126120068:59 AM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 4127120064:14 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 412712006 4:24 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4129120062:37 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 51212006 8:31 AM Agenda Item No. 16F2 May 9, 2006 Page 1 of 3 .,....-. EXECUTIVE SUMMARY Recommendation to recognize the increase in Consultant Fees for the Medical Director of Emergency Medical Services due to added scope of responsibilities as well as the annual five percent (5%) increases as described in the Emergency Medical Services Medical Consultant Contract, which were approved by the Board through the annual budget process. OBJECTIVE: That the Board of County Commissioners formally recognize the increase from $50,000, as stated in the Emergency Medical Services Medical Consultant Contract between Robert Boyd Tober, Inc. and Collier County, to $75,000 that occurred in the FY 02 budget cycle and to approve the annual 5% increases in consulting fees. CONSIDERATIONS: The Medical Consulting Contract between Robert Boyd Tober, Inc. and Collier County was renewed on September 11, 2001, Agenda Item 16F(3). This contract initially called for $50,000 in annual consulting fees. In FY 02 the County formally waived the cost of providing medical education/training and medical direction to the Collier County Fire Departments through a Memorandum of Understanding (MOU) and elected to absorb the cost in the following years from the EMS Department budget. A portion of the fees, which the Fire Departments were paying in accordance with the MOD, was a fee for Robert Boyd Tober, Inc. to provide medical direction. This fee was then added to the Medical Director's existing consulting fee due to the expanded scope of responsibility, which raised the Consulting Contract to $75,000. Future annual increases of five percent were budgeted and approved each year thereafter through the normal budget process. The Clerks Office has requested clarification and formalization from the Board regarding the increase from the initial $50,000 for consulting fees outlined in the contract to $75,000 and the subsequent annual increases of 5%. Future increases of 5%, as outlined in the contract, will be brought before the Board based on the recommendation of the Director of Bureau of Emergency Services. FISCAL IMP ACT: Funds in the amount of $91,100 were budgeted in Fund 490, as approved by the Board on September 22,2005. An increase of 5% for FY 07 and subsequent years will be brought before the Board based on the recommendation of the Director of Emergency Management. GROWTH IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners formally recognize the increase in Consultant Fees for the Emergency Medical Services Director from $50,000 to $75,000 as well as the annual five percent (5%) increases as described in the Emergency Medical Services Medical Consultant Contract, which were approved by the Board through the annual budget process. - PREPARED BY: Jeff Page, Chief, Emergency Medical Services Item Number: Item Summary: Meeting Date: Agenda Item No. 16F2 May 9, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Recommendation to recognize the increase in Consultant Fees for the Medical Director of Emergency Medical Services in the amount of $25,000 due to added scope of responsibilities as well as the annual five percent (5%) increases as described in the Emergency Medical Services Medical Consultant Contract, which were approved by the Board through the annual budget process. 5/9/2006 9:00:00 AM Prepared By Jeff Page Bureau of Emergency Services EMS Chief Date EMS 4/11/20062:07:28 PM Approved By Jeff Page Bureau of Emergency Services EMS Chief Date EMS 4/11/20062:41 PM Approved By Linda Best Administrative Services Contracts Agent Date Approved By Purchasing 4111/20062:50 PM Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/13120064:42 PM Approved By Darcy Waldron County Manager's Office Senior Administrative Assistant Date Emergency Management 4125/20065:19 PM Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Director Date Bureau of Emergency Services 4/26/20069:11 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/26/2006 9:30 AM Approved By Sherry Pryor County Manager's Office Management & Budget Analyst Date Office of Management & Budget 4/2712006 9:27 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 4/27/2006 11 :25 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Agenda Item No. 16F2 May 9, 2006 Page 3 of 3 Board of County Commissioners County Manager's Office 4/28/20064:48 PM Agenda Item No. 16F3 May 9, 2006 Page 1 of 10 - EXECUTIVE SUMMARY Recommendation to approve the renewal of a one-year contract with HealthStream, Inc. to provide Distance Learning Software for Collier County Emergency Medical Services at a cost of $28,080 and to approve a Budget Amendment to transfer funds in Fund 490, budgeted as a capital expense, to an operating account. OBJECTIVE: Approve the renewal of a one-year contract to provide distance-learning software for the Emergency Medical Services Department (EMS) at a cost of $28,080 and a Budget Amendment to transfer those funds from capital to operating. CONSIDERA TIONS: HealthStream, Inc. learning software will enable EMS educators to develop custom online educational courses for delivery to all local emergency services agencies. The software allows staff to train during normal work hours and at their normal place of business, thus alleviating the need to schedule all training during employees' "off hours." EMS training staff conducted a comprehensive review of software vendors and their products, and has selected HealthStream, Inc. HealthStream, Inc. software allows users easier access to more consistent and detailed clinical information, and allows educators to rapidly develop meaningful educational opportunities without having to work with third party vendors or web development languages. Purchasing staff has reviewed the information collected and agrees with the EMS staff recommendation to renew the contract with HealthStream, Inc. for distance learning software. The County Attorney's Office has reviewed and approved the Contract. FISCAL IMP ACT: Funds in the amount of $28,080 are available for FY 06 in EMS Fund 490. A Budget Amendment is necessary to transfer $28,080 from a capital account to an operating account within EMS Fund 490. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact as a result of this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the renewal of a one-year contract with HealthStream, Inc. to provide distance learning software for Collier County Emergency Medical Services at a cost of $28,080; and 2. Approve the necessary Budget Amendment to transfer funds from a capital account to an operating account within Fund 490. - PREPARED BY: Jeff Page, Chief, Emergency Medical Services Item Number: Item Summary: Meeting Date: Agenda Item No. 16F3 May 9, 2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Recommendation to approve the renewal of a one-year contract with HealthStream, Inc. to provide Distance Learning Software for Collier County Emergency Medical Services at a cost of 528,080 and to approve a Budget Amendment to transfer funds in Fund 490, budgeted as a capital expense, to an operating account. 5/9/20069:00:00 AM Prepared By Jeff Page Bureau of Emergency Services EMS Chief Date Approved By EMS 4/13/200612:54:37 PM Jeff Page Bureau of Emergency Services EMS Chief Date EMS 4/18/20069:01 AM Approved By Linda Best Administrative Services Contracts Agent Date Purchasing 4/21/200612:34 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/24/20062:59 PM Approved By Darcy Waldron County Manager's Office Senior Administrative Assistant Date Emergency Management 4/25/2006 5:30 PM Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Director Date Bureau of Emergency Services 4/26/20069:11 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/26/2006 9:34 AM Approved By Sherry Pryor County Manager's Office Management & Budget Analyst Date Office of Management & Budget 4/27120069:12 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 5/1/200611:49 AM Approved By Leo E. Ochs, Jr. Board of County Deputy County Manager Dale Agenda Item No. 16F3 May 9,2006 Page 3 of 10 Commissioners County Manager's Office 5/2/2006 8:34 AM Agenda Item No. 16F3 May 9, 2006 Page 4 of 10 Services and License Agreement THIS SERVICES AND LICENSE AGREEMENT (the "Agreement") made this _.__day of _. 2006, between HEAL THSTREAM, INC., a Tennessee corporation having its principal offices at 209 10th Ave. South, Suite 450, Nashville, Tennessee, 37203 ("Health Stream") and _ Collier County EMS 3301 East Tamiami NaDles FL 34112 c/o D. Chief Jorae Aauilera ("Client"). HealthStream, by its acceptance agrees to provide to Client HealthStream's Healthcare Learning CenterTNf, based on the Terms and Conditions attached hereto. Please return to fax # 615-256-6075. AQreement Amount: Student. Administrator and Support Fees Number of Students 540 Fee $ 52.00 Der Studentlvear (unlimited packaae) *Authoring Center included at no extra charge Administration Trainina Fee. $ 0 Term of Aareement - ...!- Year(s) from the Launch Date. Renewal Period - 4/26/2006-4/26/2007 Balance Due Upon Execution - $ 28,080.00 (PO AcceDtable) Total Amount of Agreement. $ 28,080.00 Client by its signature acknowledges that it has read this Agreement and all exhibits and attachments, understands its terms and contents and that it constitutes the entire agreement, understanding and representation, express or implied, between Client and HealthStream with respect to the HealthStream Courseware and Services (as defined herein) to be furnished herein and that this Agreement supersedes all prior communications between the parties including all oral or written proposals. This Agreement may be modified or amended only by a written instrument signed by duly authorized representatives of Client and HealthStream. IN WITNESS WHEREOF, and intending to be legally bound hereby, each party hereto warrants and represents that this Agreement has been duly authorized by all necessary corporate action and that this Agreement has been duly executed by and constitutes a valid and binding Agreement of that party. All signed copies of this Agreement shall be deemed originals. Client HealthStream, Inc. Board of County Commissioners Collier County, Florida BY: Frank Halas, Chairman HealthStream, Inc. Approved as to form & legal sufficiency: BY: Bob Wiemer, Vice President BY: Robert N. Zachary Assistant County Attorney Agenda Item No. 16F3 May 9, 2006 Page 5 of 10 TERMS AND CONDITIONS 1. Definitions. As used in this Agreement, the following terms shall have the meanings assigned below: 1.1. "Confidential Information" shall mean the Personal Information as defined herein. financial and tax information. the object and source codes and documentation for proprietary software. and such other information that is confidential or proprietary business information and delivered or disclosed pursuant to this Agreement. 1.2. "Emeraency Medical Services ("EMS") Courses" shall mean the courses in HealthStream's proprietary library of online continuing education for EMS professionals. listed on Exhibit B attached hereto. that are a subset of the HealthStream Courseware and as well as any future module developed and selected by HealthStream to be included during the term of this Agreement. The EMS Courses have been approved for EMS continuing education by the Continuing Education Coordinating Board for Emergency Medical Services (CECBEMS). 1.3. "Gateways' shall mean the online Web sites enabled by HealthStream Web-based applications that allow Students to access the Services offered pursuant to the terms of this Agreement. Gateways are designed to be Client specific in branding and identification pursuant to Section 2 herein. 1.4. "HealthStream Courseware" shall mean those courses subscribed to by Client that. are the proprl etary property of HealthStream or licensed to HealthStream by a third party and provided to Students through the Gateways pursuant to the terms of this Agreement or any amendments hereto. 1.5. "Launch Date" shall mean the date on which the Gateway is operational. Client's system administrator has logon capabilities to access the Healthcare Leaming CenterN and Client's database of Students have been loaded into the Healthcare Leaming Center's database. In no event. however shall the Launch Date be later than the date set forth on the first page of this Agreement. 1.6. "Personal Information" shall mean information submitted by Students for personal identification. Such Personal Information may include the name, social security number and contact information for Students. 1.7. .Services. shall mean the Healthcare Leaming CenterN which includes Student Services, Administrator Services. Support Services. Training and Implementation Services, Gateway Initialization Services. and all updates and upgrades to those Services developed by HealthStream in its sole discretion in the normal course of its business, together with all and other services as provided by HealthStream to Cllent pursuant to the terms of this Agreement. 1.8. "Students' shall mean authorized users of the Services that may require user registration and authentication in compliance with terms of the Services, 1.9. "User Data" shall mean the Personal Information and other data submitled and generated by Students under this Agreement. User Data shall also include the educational transcript of Students relating to the Services. 2. Services. For the fees speCified in Article 3 herein. HealthStream shall periorm the Services for Client and its Students based upon Ihe terms of this Agreement. 2.1. Student Services. HealthStream hereby agrees to maintain. at its cost, Gateways on the World Wide Web so that Students may through the use of a password on the Gateway (1) Services and Ucense Agreement register on the Gateway: (2) search. select. enroll in and take HealthStream Courseware; (3) take HealthStream Courseware exams and have exams graded and scored: and (4) access own User Data. 2.2. Administrator Services. HealthStream will prOvide access to management services that allow specified Client personnel to identify Students and assign HealthStream Courseware and Client Courseware to Students. HeallhStream will provide access to services that allow specified Client personnel to access reports that document the completion of HeallhStream Courseware and Client Courseware by Students. 2.3. Support Services. HealthStream shall provide to Client access to HeallhStream's support personnel via e-mail and telephone to obtain answers to questions regarding the routine provision of Student Services and Administrator Services. Support Services shall be available to the Client through one (1) local system administrator for each location utilizing the Services from 8:00 AM to 6:00 PM Central Time. Monday through Friday. except for normal holidays. 2.4. Gatewav Initialization Services. HealthStream shall set up each Gateway for operation for Client according to the specifications describoo in Exhibit A attached hereto (the 'Gateway Initialization Services"). 2.5. Imolementation and Trainino Services. HealthStream will conduct initial administrator training and perform implementation as set forth on Exhibit C attached hereto. 3. Service Placement and Fees. 3.1. Service and License Fees. The fee for Student. Administrator and Support Services shall be the fee shown on the first page of this Agreement. This fee is subject to change if the number of Students exceeds the number on the first page of this Agreement or HealthStream Courseware is subscribed to in addition to the EMS Courses. The fee shall be due upon execution of this Agreement. Client shall pay HealthSlream the fees set forth on Exhibit C attached hereto for Administration Training. 3.2. Payment. The fees for Student. Administrator and Support Services are due and payable within thirty (30) days after execution of this Agreement in accordance with the "Florida Prompt Payment Act: Fees remaining unpaid after thirty (30) days from execution of this Agreement will be subject to a lale fee of 1.5% per month. 4. Intellectual Property. 4.1. Prohibited Use of HeallhStream Courseware. The portion of the HealthStream Courseware subScribed to by Client may be accessed by Client and any Student, but only for the purposes described herein. The HealthStream Courseware is protected in the U,S. and intemationally by a variety of laws. including without limitation. copyright laws, trademark laws and other proprietary rights laws. Client and Students are granted permission to access HealthStream Courseware from HealthStream. but only for purposes of viewing. browsing or ordering products and services from HealthStream. HealthStream Is not granting Client or any Student permission to use the HealthStream Courseware other than as expressly stated in this Agreement. Except as stated herein and in Section 5 hereof. none of the HealthStream Courseware may be copied, reproduced. distributed. republished, downloaded, displayed. posted or transmilted, in any form or by any means, Including without limitation, electronic. mechanical. photocopying, or 2 recording. without the prior written permrSSlon of HealthStream. HeallhStream or its licensors retain all right, title and interest to the HealthStream Courseware. 4.2. Trademarks. The trademarks, service marks. and logos (collectively, the "Trademarks") used and displayed on the Hea\thStream Courseware are registered and unregistered trademarks of HealthStream, Its licensors, Client, and others. Nothing In this Agreement. the Gateway or on any HealthStream Web site should be construed as granting, by implication, estoppel. or otherwise. any license or right to use any Trademark displayed on the Gateway or on any HeallhS!ream Web site. without the express written permission of the Trademark owner. Client and HealthStream will refrain from issuing each other's name or logo as a link to any network site unless establishment of such a link is approved in advance and in writing by the owner of the name or logo. 5. Client and Student Conduct. Client and Students may access the portion of the HealthStream Courseware located on the Gateways for non-commercial use, provided that Client retains all copyright, trademark and other proprietary notices contained in such HealthStream Courseware In all printed and other copies. Client and Students may nol de. compile, reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license. create derivative works from. transfer. or sell any information, software. products, or services obtained from the Gateways or the Authoring Studio. In no event may Client or any Student, directly or indirectly, sell or offer for sale any portion of the HealthStream Courseware located on the Gateways or upload, distribute, or otherwise publish any portion of the HealthStream Courseware in any other form or medium. Neither Client nor any Student shall knowingly upload to, or distribute or otherwise publish through the Gateways any content that violates or infringes the rights of any persons. including but not limited to, rights in copyrights. patents. trademarks. trade secrets. and other proprietary rights, 6. Warranties and Representations. Client warrants and represents that Client shall not allow any other entity or third party to purchase. license or sublicense the Services; Client shall be responsible for any and all taxes. if any. other than HealthStream income tax. applicable to or in connection with the services rendered by HealthStream pursuant to the terms of this Agreement: and the content submitted to HealthStream for the Gateway Initialization Services shall not knowingly infringe any patents, copyrights. trade secrets. or other proprietary rights of any third parties, and Client will have no reason to believe that any such infringement or claims thereof could be made by third parties. 7. Disclaimer of Warranties and Limitation of Liability. THE WARRANTIES CONTAINED HEREIN REPRESENT THE ENTIRE WARRANTY OF HEAL THSTREAM WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND All OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE GATEWAYS AND THE SERVICES AND ALL OTHER OBLIGATIONS PROVIDED BY HEALTHSTREAM PURSUANT TO THE TERMS OF THIS AGREEMENT ARE PROVIDED "AS.IS" WITHOUT ANY WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY. OR THEIR PARENT Services and License Agreement Agenda Item No. 16F3 May 9, 2006 Page 6 of 10 COMPANIES AND AFFILIATES. OR ANY OF THEIR OFFICERS. DIRECTORS. EMPLOYEES. AGENTS. REPRESENTATIVES, CONTENT PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE. OR OTHER DAMAGES RESULTING FROM USE OF THE GATEWAYS. ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR lOSS OF PROFITS. USE, DATA OR OTHER INTANGIBLES. EVEN IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AMOUNT OF DAMAGES PAYABLE TO CLIENT FROM ANY AND ALL PARTIES FOR ANY CLAIM ARISING FROM THE SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ITS WARRANTY PROVISIONS) EXCEED THE AMOUNTS PAID BY CLIENT TO HEAL THSTREAM UNDER THIS AGREEMENT. The amount of damages for which the Client may be liable shall be limited as provided by sovereign Immunity under Florida law. 8. Indemnity Both parties shall defend, indemnify and hold the other party, its officers. directors, employees, consultants and agents harmless from any loss. liability, damage. cost. or expense (Including reasonable counsel fees and litigation costs). arising out of any claims or suits that may be made or brought by reason of the breach or alleged breach of the warranties or representations contained herein. or by reason of any infringement or alleged infringement of any patent, lrademark, copyright or trade secret right resulting from the Services or Gateways. 9. Term and Termination. 9.1 Term. This Agreement shall be in effect for the duration shown on the first page of this Agreement. 9.2 Termination or Cancellation. This Agreement may be terminated or canceled upon the occurrence of one or more of the following events: by either party if the other party seeks protection under the bankruptcy laws (other than as a creditor) or any assignment is made for the benefit of creditors or a trustee Is appointed for all or any portion of such party's assets; by either party in the event that the other party hereto has materially breached this Agreement: provided. however. that no such termination shall be effectiv~ unless (i) the terminating party prOVides the written notice ("Termination Notice") via overnight courier to the other party setting forth the facts and circumstances constituting the breach. and (Ii) the party alleged to be in default does not cure such default within ten (10) business days following receipt of the Termination Notice. In the event that the nature of the default spedlled in the Termination Nollce cannot be reasonably cured within ten (10) business days following receipt of the Termination Notice. a party shall not be deemed to be in default If such party shall, within such ten (10) day period. present a schedule to cure the default. commences curing such default and thereafter diligently executes the same to completion within ninety (90) days. If the breach specified In the Termination Notice is timely cured or cure is commenced and diligently pursued. as provided above, the Termination Notice shall be deemed rescinded and this Agreement shall continue In full force and effect Notwithstanding the foregoing, all Termination Notices for non.payment must be cured within thirty (30) days of receipt In the event the default specified in the Termination Notice cannot be reasonably cured at all. a party shall be deemed to be in default. 9,3 Post Termination Obliaations. In the event of termination of this Agreement by HeallhStream due to a default by Client. all fees previously due or owing by Client and Students as of the date of termination will be immediately due and payable in full. In the event of termination of this Agreement by Client due to a default by HealthStream, HealthStream shall reimburse Client for any amounts paid by Client or Students for Services not provided prior to 3 termination. This is in addition to any other remedies available to the parties at law. HealthStream shall provide all User Data to Client electronically in a text file format within thirty (30) days of termination of this Agreement for any reason. 10. Non-disclosure 10.1 Except as otherwise provided in this Agreement, both parties expressly undertake to retain in confidence all Confidential Information, and will make no use of such information except under the terms and during the existence of this Agreement. HealthStream may disclose Confidential Information as required by governmental or judicial order. provided HealthStream gives Client prompt notice of such order and complies with any confidentiality or protective order (or equivalent) imposed on such disclosure. 10,2 In the regular course of performing the Services. HealthStream may distribute certain User Data to licensing organizations for the benefit of Students. The release of such information is consistent with the current practice used by Students themselves when reporting educational activity for credit toward professional licensure. HealthStream will release only the minimum information required by these organizations to adequately credit Students for educational activities completed. 10.3 Client grants HealthStream an unrestricted. royalty-free, irrevocable license to maintain and distribute aggregated compilations of User Data ("Aggregated Data") such that Personal Information and the identity of Client is not included, Aggregated Data will be used for measurement of performance norms for all HealthStream clients and will likewise include performance information generated by other HealthStream clients, The process of collecting and generating Aggregated Data assists HealthStream clients to maximize the effectiveness of the Services for their employees. HealthStream will adhere to all Department of Health and Human Services or United States governmental regulations regarding privacy of User Data. The right to maintain and distribute Aggregated Data shall survive this Agreement HealthStream will provide Client with Aggregated Data upon request. 11. Miscellaneous 11,1. Altornevs' Fees. In the event of breach by either party of any provision contained In this Agreement, the prevailing party shall be entitled to recover Its reasonable attorneys' fees and costs incurred In enforcement of the provisions of this Agreement against the defaulting or breaching party. 11.1 Headinas. Captions and headings to sections are included solely for convenience and are not intended to affect the interpretation of any provision of this Agreement. 11.2. Amendments in Writina. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is set forth In a writing that refers to this Agreement and Is executed by an authorized representative of each party hereto. No failure or delay by any party in exercising any right. power, or remedy will operate as a waiver of any such right. power, or remedy. Services and license Agreement Agenda Item No. 16F3 May 9, 2006 Page 7 of 10 11.3. Third Pam Riahts. Except for Students. this Agreement is not intended and shall not be construed to create any rights for any third party. 11.4. Force Maieure. Neither party shall be liable nor deemed to be in default of Its obligations hereunder for any delay or failure in performance under this Agreement or other intemJption of service resulting, directly or indirectly, from acts of God, civil or military authority, any acts of war or civil unrest including, but not limited to, terrorist attacks, accidents. natural disasters or catastrophes, or strikes. 11.5. Indeoendent Contractors. Each party to this Agreement is an independent contractor and this Agreement shall not be construed as creating a joint venture, partnership. agency or employment relationship between the parties hereto nor shall either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. 11.6. Entire Aareement: Severabllitv. This Agreement. together with the schedules and other attachments referenced herein, contains a full and complete expression of the rights and obligations of the parties hereto. If any provision of this Agreement conflicts with any schedule or attachment to this Agreement, this Agreement shall control with respect to the subject matter of such attachment. This Agreement supersedes any and all other previous Agreements, written or oral, made by the parties concerning the subject matter hereof. If any provision of this Agreement is finally held by a court or arbitration panel of competent jurisdiction to be unlawful. the remaining provisions of this Agreement shall remain in full force and effect to the extent that the parties' intent can be lawfully enforced. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any Client purchase order will be subject to the terms of this Agreement and that any acceptance of a purchase order by HealthStream will be for acknowledgment purposes only and none of the terms set forth in the purchase order will be binding upon HeallhStream, 11.7. ~. HeallhStream may identify Client as its customer and use Client's name in suitable advertising, press releases, and sales presentations as long as contract in force. Otherwise, HealthStream and Client will not use the name, service marks, trademarks, or trade secrets of the other party or any of its affiiiates for any purpose without the other party's written consent. 11.8. Assianment Subsidiaries. and Successors. It is understood and agreed that the parties are entering into this Agreement not only for Iheir own benefit but also and equally for the direct benefit of their subsidiaries and affiliates. present and future. and that each and every right, benefit. remedy, and warranty accruing to the parties hereunder likewise accrue to the subsidiaries and affiliates of the parties. including but not limited to the right to enforce this Agreement in their respective names. This Agreement shall inure to the benefit of and be binding on any respective successors and permitted assigns of the parties, 11.9. Survival. In the event of termination of this Agreement, Articles 4,5,6.7,8,10 and 11 shall continue in effect in accordance with their terms. 4 Agenda Item No. 16F3 May 9, 2006 Page S of 10 Exhibit A Gateway Initialization Services HealthStream's Gateway Initialization Services will consist of the following processes required to make each Gateway operational. The processes below are not chronologically organized; selected processes below may be managed concurrently. Additional processes may be required to ensure each Gateway is made operational rapidly and efficiently. 1. User Import - HealthStream will import Client Personal 1 nform ation into the e-Learning Service database so that each Student is recognized by the Gateway. Requirements from Client to complete User Import: Provide Personallnformation for each Student (per separate specification). Approve integrity of Personallnfonnation imported into the database. 2. Administrative Orientation - HealthStream will provide an overview of Healthcare Learning CenterTM operation and administrative procedures to select Client personnel. Requirements from CHent to complete Administrative Orientation: Ensure key Client personnel attend HealthStream's training and implementation sessions as described in Section 2.5 herein. EXHIBIT B EMERGENCY MEDICAL SERVICES CONTENT Agenda Item No. 16F3 May 9,2006 Page 9 of 1 0 CE Course TitleslTopic Hours 1 EMS - 12-Lead ECG and Fibrinolytic ScreenlnQ for AMI 1.50 12 EMS - Abdominal and Genital Trauma 1.00 3 EMS - Advanced Airway Manaaement 1.00 4 EMS - Advanced Assessment and Management of the Shock Patient 1,00 5 EMS - Advanced Cardiac Assessment 1,00 6 EMS - Advanced Cardiac PharmacoloQY 1,25 7 EMS - Advanced Management of Environmental Emergencies 1,50 8 EMS - Airway Compromise in Trauma Patients: Pediatric and Adult Considerations 1.00 9 EMS - Airwav Management for Adults with Special Healthcare Needs 1.00 10 EMS - Airway Management for Children with Special Healthcare Needs 1.00 11 EMS - Airway Management for Children with Tracheostomies 1.00 12 EMS - An Introduction to 12 Lead EKGs 1.00 13 EMS - An Introduction to Conaenital Cardiovascular Disorders 1,00 14 EMS. Assessment and Care During the First Four Weeks of Life 1.50 15 EMS. Assessment and Management of the Geriatric Patient 1.50 16 EMS - Assessment and Management of the Pediatric Patient 1.50 17 EMS - Basic Airway Management 1.00 18 EMS - Basic Assessment & Manaaement of the Patient with Pulmonary Issues 1.00 19 EMS - Basic Cardiac Assessment 1.00 :20 EMS - Basic Patient Assessment 1,00 21 EMS. Bfoodborne Pathoaens (2 CE Hours in FL) 1.00 22 EMS - Brain Attack: New and Emerging Therapies 1,50 23 EMS - Burn Trauma: From the Field to the Hospital 1,50 24 EMS - Children with Special Health Care Needs 1.25 5 EMS - Current Trends in Manaqement of Spinal Cord Injury 1.00 6 EMS - End of Life Directives 1.00 27 EMS - Infections of the Respiratory System 2.00 28 EMS - IV Therapy 1,00 29 EMS - Lightning Strikes I 1,00 30 EMS - Managing Multiple Patients in a Mass Casualty Event 1.00 31 EMS - Managing Stress in a Stressful Occupation 1.00 32 EMS - Managing Thoracic Trauma 1,00 33 EMS - Medical Causes of Altered Mental Status 1.00 34 EMS - Medical Conditions Involving the Endocrine System 1.00 35 EMS - Medical Legal Aspects of EMS 1.00 36 EMS - Medication Toxicity 1.25 37 EMS - Pharmacology for the EMT-Basic 1,00 38 EMS - Pharmacology Update for the Paramedic 1.00 39 EMS - Prehospitallmplications for HIV/AIDS Management 2.50 0 EMS - Prehospital Care of Pregnancy and Common Complications 1.00 41 EMS - Prehospital Aspects of Gynocological Conditions 1.00 142 EMS - Prehospital Management of Non-Traumatic Shock 2.00 143 EMS - Response to Domestic Violence 1,00 f44 EMS - Response to Terrorism (HazMatl 5.50 145 EMS - Response to Terrorism - Nevada only 5.50 146 EMS - Safe Management of the Behavioral Emergencies Patient 1.00 147 EMS - The EMS Response to Toxic Exposures 1.00 148 EMS - The Traumatic Effects of Mechanism of Iniury 1.25 149 EMS - Therapeutic Communications 1.00 50 EMS - Traumatic Brain Injury 1.00 1 Agenda Item No. 16F3 May 9, 2006 Page 10 of 10 Exhibit C Implementation Services and Administration Training Clients will be provided assistance with an account manager during the implementation process. Implementation consists offour (4) basic steps: 1. General coordination and overview of Client organization and education requirements; 2. Technical consultation regarding reporting structure and Student database preparation for import; 3. Basic planning for Client roll-out and organizational usage of the Healthcare Learning Center; and 4. Review and acceptance of the Gateway and User Data structure. Client may send two (2) people to HealthStream's offices in Nashville for Healthcare Learning CenterThl Basic Administration Training. This training covers the basics of using the Healthcare Learning Center™ from the administrator and Student perspective. It does not include training on the Authoring Studio or additional products purchased through the Healthcare Learning Center. Client must pay for their own travel, hotel, and incidental expenses. Client may send additional personnel for $750.00 per person. Additional or refresher training is priced as follows: Nashville $750.00 per person. Client pays own travel, hotel, and incidental expenses. Client Site $2,500.00 per day with a maximum of 8 people. Client pays HealthStream's reasonable travel, hotel, and incidental expenses. Agenda Item No. 16F4 May 9, 2006 Page 1 of 2 ,- EXECUTIVE SUMMARY Recommendation to approve the hiring of twenty-eight (28) new paramedics in the Emergency Medical Services Department and to approve a Budget Amendment to fund those hires at a cost of $469,756. OBJECTIVE: To receive approval to hire 28 new paramedics in the Emergency Medical Services Department and approval of the Budget Amendment to fund those hires. CONSIDERATIONS: As part of the 2005 AUIR, the Board of County Commissioners directed Emergency Medical Services Department to accelerate the purchase and construction of new growth units to bring the level of service up to the goal of 8-minute response 90% of the time based on weighted population levels. The Board directed that four new stations be brought on line in FY 07, two in FY 08 and one each in FY 09 and FY 10. Each new station requires a staff of seven paramedics. Because of the length of time it takes to recruit, train and certify capable paramedics, it would be beneficial to accelerate the hiring process for the 28 paramedics required to staff those new stations. This would result in having the staff trained and certified and ready to man each station as they come on line. The start up - cost to fund this program through the balance of FY 06 would be $16,777 per individual for salary and salary-related expenses for a total of $469,756 for 28 paramedics. FISCAL IMPACT: A Budget Amendment is necessary to transfer $469,756 from EMS Reserves. GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the hiring of 28 new paramedics in the Emergency Medical Services Department. 2. Approve the necessary Budget Amendment in the amount of $469,756 to fund the hiring of28 new paramedics in the Emergency Medical Services Department. PREPARED BY: Jeff Page, Chief, Emergency Medical Services --- Agenda Item No, 16F4 May 9,2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F4 Meeting Date: Recommendation to approve the hiring of twenty-eight (28) new paramedics in the Emergency Medical Services Department and to approve a Budget Amendment to fund those hires at a cost of $469,756. 5/9/2006 9:00:00 AM Item Summary: Prepared By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 4/21/200612:38:31 PM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 4/21/2006 1 :42 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 4/25/20064:57 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 4/26/20069:12 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/26/20069:51 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/200610:46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/3/20062:08 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/3/20063:52 PM Agenda Item No. 16F5 May 9,2006 Page 1 of 9 ,1'-- EXECUTIVE SUMMARY Recommendation to award Bid # 06-3974 for the purchase of emergency medications to Alliance Medical, Boundtree Medical, Sun Belt Medical and Tri-Anim Health Services for the Emergency Medical Services Department for an estimated cost for FY 06 of $60,700. OBJECTIVE: To procure emergency medications from the lowest qualified and responsive bidders. CONSIDERA TIONS: On March 15, 2006 bids were solicited by the Purchasing Department to a total of 21 vendors. The requests for bid were issued to 8 firms. A total of 4 firms responded by the deadline of April 12, 2006. Staff recommends award to the following firms: 1. Alliance Medical 2. Boundtree Medical, LLC 3. Sun Belt Medical 4. Tri-Anim Health Services, Inc. - In order to maximize the best prices available and the most favorable return/exchange policy, EMS staff recommends award of the bid on a line by line basis to the lowest responsive bidder for each item. However, for those drugs that have a history of reaching expiration before they are used, consideration will be given to the return policy of the company in addition to initial purchase price. This will have the effect of procuring drugs in the most cost effective manner over the long term. It is further recommended that the entire bid offering of each responsive bidder be accepted as secondary suppliers to be utilized in the event that the lowest responsive bidder is unable to furnish the medications as needed. In such a situation, the next lowest bidder would be contacted, and then the next lowest bidder and until such needed medication could be obtained. FISCAL IMP ACT: Funds for these medications are available for FY 06 in Fund 490 as adopted by the Board on September 22, 2005 GROWTH IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners award Bid #06-3974 to the four firms listed above. PREPARED BY: Jeff Page, Chief, Emergency Medical Services .,..... Agenda Item No, 16F5 May 9, 2006 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F5 Recommendation to award Bid # 06-3974 for the purchase of emergency medications to Alliance Medical, Boundtree Medical, Sun Belt Medical and Tri-Anim Health Services for the Emergency Medical Services Department for an estimated cost for FY 06 of $60,700. Meeting Date: 5/9/20069:00:00 AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 4/21/200612:43:43 PM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 4/21/2006 1 :42 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 4/24/20064:12 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 4/21/2006 1 :26 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 4/21/20061:52 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 4/27/20062:11 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4127/2006 4:20 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/27/20064:49 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/28/2006 11 :39 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/2006 4:39 PM LD(oCJl LL 0= CO (0 0 ('Qi ,. "0 .,-N~'E cioi~~ z~::l E(i)fh,u Q)~Q) 0 ...... 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OJ ::> 0 OJ Zz <( ~~ '" ,- c ::> '" Ol ::!':'" ~~ '(5' ~ 0: >- >- Z >- c c 0 Ul 0 C ~ .c 0 c E -, - ,Q $I 8~ E en ~ t3 ., Q) e! c> c Q) Q) 010 0 <t:1: U 0>'" C;; C-, C 'Ci) (ri 0 '" Ul "" .c Q) 15 o C "0 ~~ <t: Ul C o ..~ "- .- m"O '" Q) cb::!': 000 :Q::!': tOW Agenda Item No. 16F6 May 9,2006 Page 1 of 2 ,- APPROVAL OF BUDGET AMENDMENTS Bee Agenda of May 9, 2006 Water & Sewer District (408) Budget Amendment #06-242 Operating Expenses Other Contractual Services $10,000 Reserves Reserve for Contingencies ($10,000) -0- Total Explanation: Funds are needed due to a storm sewer failure in the middle of the parking lot of the Public Utilities Operations Center that bad to be repaired immediately. Due to increase in utilities, such as electricity for the facility, there are no funds available within this cost center to cover the needed repair. Prepared by: Barbetta Hutchinson. Executive Secretary, OMB - - Page 1 of 1 Agenda Item No. 16F6 May 9,2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16F6 Approve budget amendments. 51912006 9:00:00 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/200610:37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/2006 2:57 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/1/20065:23 PM Agenda Item No. 16F7 May 9,2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendadon that the Board of County Commissioners approve a budget amendment in the amount of $128,300 for personal services, operating expenses and capital outlay to provide startup funds for the North Collier Government Services Center. OBJECTIVE: That the Board of County Commissioners approves a budget amendment for the FY 2006 startup and operating costs for the North Collier Government Services Center. _.. CONSIDERATIONS: The North Collier Government Services Center at 2335 Orange Blossom Drive (next to the Headquarters Library) is scheduled to open June 5, 2006. In July 2004, the BCC awarded a $3,275,650 construction contract to DeAngelis Diamond Construction for the construction of the North Collier Government Services Center. Although the concept of bringing a variety of government services under one roof has been successfully implemented at the Golden Gate Government Center, the new facility on Orange Blossom Drive will offer services by all five constitutional officers and the Board of County Commissioners. This location was selected to better serve the residents in the north end of the county by eliminating the need to travel from North Naples to the Government Complex in East Naples thus saving time, fuel and helping relieve traffic congestion. The office of the Board of County Commissioners will have a full-time presence in the center. The services being offered by the BCC include accepting payments for water and sewer bills and notice of violations issued by Domestic Animal Services; issuing beach parking stickers, pet licenses, garage sale permits and tickets for county-sponsored events; and registering individuals for parks memberships and programs. Three people have been hired as Customer Services Assistants to perform the duties outlined above along with staffing the main information kiosk. The three positions were internal hires and they are filling three existing vacancies in the County Manager's Agency that were transferred to the new cost center established for the North Collier Government Services Center. The building's hours of operations are: 9 a.m. to 6 p.m. - Monday through Friday. The BCC is providing, through the Department of Facilities Management, security and janitorial services, grounds and building maintenance, food services and pest control services. .- Agenda Item No. 16F7 May 9, 2006 Page 2 of 3 Page 2 The five constitutional offices will offer a wide variety of services including: Tax Collector: Drivers license services Sheriff: Recording offense reports and crime prevention information. Property Appraiser: Homestead applications and assessments and sales information. Clerk of Courts: Alimony and child support payments and marriage license and passport applications. Supervisor of Elections: Voter services. The budget amendment is necessary to provide for salaries, equipment and supplies for the remainder of FY 2006. A total of $128,300 is requested for FY 2006; personal services are estimated to be $55,600 for three staff members, operating expenses covering utilities, software licenses, office supplies, etc. are $37,700 and $35,000 is requested for capital outlay for the purchase of a digital signage system and associated software, copier, scanner, fax machine, cash drawers, safe, receipt printers and other items not covered as part ofthe project costs. FISCAL IMPACT: Funds are available in existing appropriations in the unincorporated area MSTD Fund (111) Code Enforcement budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves a budget amendment to support the FY 2006 startup and operating costs for the new North Collier Government Services Center. PREPARED BY: Barbara Pedone. Public Information Coordinator Communication and Customer Relations Dept. APPROVED BY: John Torre. Director Communication and Customer Relations Dept. .-' Agenda Item No. 16F7 May 9,2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F7 Meeting Date: Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $128,300 for personal services, operating expenses and capital outlay to provide startup funds for the North Collier Government Services Center, 5/9/20069:00:00 AM Approved By John Torre Communications and Customer Relations Director Date County Manager's Office Communication & Customer Relations 512120064:27 PM Approved By Barbara Pedone Public Information Coordinator Date County Manager's Office Communication & Customer Relations 513/2006 8:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 5/3/20069:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/312006 2:09 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 513120064:05 PM Agenda Item No. 16F8 May 9, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a joint resolution with Charlotte, Collier, Hendry and Lee Counties in support of a Sister Region partnership with the City of Yantai, Shandong Province, China to promote economic development, friendship and cooperation. OBJECTIVE: To adopt a joint resolution with Charlotte, Collier, Hendry and Lee Counties in support of a Sister Region partnership with the City of Yantai, Shandong Province, China to promote economic development, friendship and cooperation. CONSIDERATIONS: The City of Yantai, Shandong Province, China, working in cooperation with Florida Gulf Coast University and the Economic Development Council of Collier Cmmty, in addition to the respective economic development organizations in Charlotte, Hendry and Lee Counties are working together to encourage and support the development of a Sister Region partnership. .- The goal of the Sister Region partnership is to develop increased understanding and contact between organizations involved in economic development in both regions, to encourage exchanges between the educational and professional organizations in Southwest Florida and the City of Yantai, Shandong Province, China, to advance economic relationships and business opportunities between our two regions by sharing information, and to support and encourage visits and exchanges by the citizens of both regions. The Yantai Delegation has received the approval from the provincial government to visit our region from May 20 through May 26, 2006. A Sister Region Agreement (resolution) signing ceremony is being scheduled during the Yantai Delegations visit to Southwest Florida. FISCAL IMP Acr: There is no fiscal impact associated with the adoption of the resolution. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the adoption of the resolution. RECOMMENDATION: That the Collier County Board of Commissioners: 1. Adopt the attached resolution; and 2. Authorize the Chairman to execute same on behalf of the Board; and 3. Authorize the Chairman or his designee to represent the Board at the signing ceremony of the Sister Region Agreement (joint resolution). A TT ACHMENT: Sister Region Resolution ~- PREPARED BY: Winona Stone, Assistant to the County Manager Agenda Item No. 16F8 May 9,2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F8 Recommendation to adopt a joint resolution with Charlotte, Collier, Hendry and Lee Counties in support of a Sister Region partnership with the City of Yantai, Shan dong Province, China to promote economic development, friendship and cooperation, Meeting Date: 5/9/2006 9:00:00 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20065:18 PM Agenda Item No. 16F8 May 9, 2006 Page 3 of 7 RESOLUTION NUMBER 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF CHARLOTTE, COLLIER, HENDRY AND LEE COUNTIES, STATE OF FLORIDA, IN SUPPORT OF A SISTER REGION PARTNERSHIP WITH THE CITY OF Y ANTAl, SHANDONG PROVINCE, CHINA, TO PROMOTE ECONOMIC DEVELOPMENT, FRIENDSHIP AND COOPERATION. RECITALS WHEREAS, the City of Yantai, Shandong Province, China has contacted local governments in Southwest Florida in an effort to promote a Sister Region partnership with said governments in order to build on the partnership of our regional universities as well as to promote further friendship and cooperation; and WHEREAS, the goal of the Sister Region partnership is to develop increased understanding and contact between organizations involved in economic development in both regions, to encourage exchanges between the educational and professional organizations in Southwest Florida and the City of Yantai, Shandong Province, China, to advance economic relationships and business opportunities between our two regions by sharing information, and to support and encourage visits and exchanges by the citizens of both regions; and WHEREAS, the Board of County Commissioners of Charlotte, Collier, Hendry and Lee Counties find that it is in the public interest and welfare of its citizens to support the Sister Region partnership. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Charlotte, Collier, Hendry and Lee Counties that the aforementioned counties of Southwest Florida support the Sister Region partnership with the City of Yantai, Shandong Province, China, in order to advance economic relationships and business opportunities between our two regions by sharing information, encouraging exchanges between the educational and Agenda Item No. 16F8 May 9,2006 Page 4 of 7 professional organizations of both regions and to support and encourage visits and exchanges by the citizens of both regions. PASSED AND DULY ADOPTED this day of , 2006. BOARD OF COUNTY COMMISSIONERS OF CHARLOTTE COUNTY, FLORIDA By: Thomas G. Moore, Chair ATTEST: Barbara T. Scott, Clerk of Circuit Court and Ex-officio Clerk to the Board of County Commissioners By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Janette S. Knowlton, County Attorney 2 PASSED AND DULY ADOPTED this ATTEST: Clerk of Circuit Court and Ex-officio Clerk to the Board of County Commissioners By: Clerk Agenda Item No. 16F8 May 9, 2006 Page 5 of 7 day of ,2006. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chair Printed Name APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:-k:R&~ County Attorney 3 '.. Agenda Item No. 16F8 May 9, 2006 Page 6 of 7 . . PASSED AND DULY ADOPTED this day of ,2006. BOARD OF COUNTY COMMISSIONERS OF HENDRY COUNTY, FLORIDA By: Chair Printed Name ATTEST: Clerk of Circuit Court and Ex-officio Clerk to the Board of County Commissioners By: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney 4 .~ PASSED AND DULY ADOPTED this ATTEST: Clerk of Circuit Court and Ex-officio Clerk to the Board of County Commissioners By: Clerk ",_,,__,',_'n"'~~_____'-"""'-'."'"-""'-'.'~~" , Agenda Item No. 16F8 May 9, 2006 Page 7 of 7 day of ,2006. BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA By: Chair Printed Name APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney 5 Agenda Item No. 16H1 May 9,2006 Page 1 of 4 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. Current County policy provides reimbursement only for hotel accommodations outside Collier County. However, this event is being hosted by CoIlier County and necessitates the availability of the Chairman, specifically, throughout the event. COMMISSIONER: Frank Halas FUNCTIONIEVENT: Florida Association of Counties (F AC) 7ih Annual Conference & Educational Exposition in Marco Island, Florida. PUBLIC PURPOSE: Host the Annual Conference, attend the F AC Board of Directors Meeting, and attend workshops with representatives of all participants of F AC. DA TE OF FUNCTIONIEVENT: June 27-30, 2006 FISCAL IMPACT: $402.00 ($ 134.00/night for 3 nights' hotel accommodations). Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99-410, approve reimbursement by the Clerk for hotel accommodations for Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC .- r ~ - Agenda Item No, 16H1 May 9, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H1 Meeting Date: Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Forida Association of Counties 77th Annual Conference and Educational Exposition in Marco Island, Florida, $407.00 to be paid from Commissioner Halas' travel budget for hotel accommodations for 3 nights. 5/9/2006 9:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/19/20068:15 AM Approved By Leo E, Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28120065:16 PM t' ~\' .... ~: . . .":" &' -:;.- ...., -- --;-;:--, ~ ......v-" - ~.. ..,]..-............ ~. .. - ;. .~' ..,- ~:. ,.... .:_r. Agenda Item No. 16H1 May 9, 2006 Page 4 of 4 FLORIDA ASSOCIATION OF COUNTIES 77th Annual Conference & Educational Exposition Marco Island Marriott Resort and Spa - Collier County June 27 - 30, 2006 FAC's 77th Annual Conference and Educational Exposition will take place on June 27-30, 2006, in Collier County. The site for the conference is the Marco Island Marriott Resort and Spa. MAKING YOUR HOTEL RESERVATIONS: All hotel reservations should be made directly with the Marco Island Marriott by calling (239) 394-2511 or 1-800-438-4373. FAC has secured a block of rooms at a special conference rate of $134.00 single/double plus applicable taxes for our conference attendees. You must state you are with the Florida Association of Counties to receive this special conference rate. The official cut-off date for the FAC reduced room rate at the hotel is June 9. 2006, but please be advised that our host hotel tends to sell out prior to this date so book your hotel rooms early. Reservation requests received after this date will be based on availability and prevailing rates. FAC has also booked the Hilton Marco Island Beach Resort as our overflow hotel. This property is next door to the Marriott, to book a room please call (239) 394-5000 or 1-800-HIL TONS and request the special Florida Association of Counties rate. The cut off date for booking a room at the Hilton is May 28, 2006. FAC ANNUAL CONFERENCE Marco Island Marriott Resort and Spa June 27-30,2006 FIRST NAME: r;- t1/l t< LAST NAME: /-111/ tit S FIRST NAME/NICKNAME (to aR ear on name ba~e): ;:: r 1l/1"1 f<. -yOUNTY/COMPANY: 0 i e...r c...~wnf TITLE/POSITION: (!p rnrJ1 j :5S i d7? t:1< MAILING ADDRESS: .:3.3 6 j i ;; ai I . CITY: !7t1IJ /1 ..s STATE: ;:- L ZIP: ..3t/ /1 Z- TELEPHONE: ~ 2:/1 '-1;:;''' <f()1Fk: :1..1 q - 111/,..j{.() ~EMAIL: J,r(UlJ{hLla5(fJ tit) /litr1fJv.17<; PAYMENT MUST ACCOMPANY ALL REGISTRATIONS TO as PROCESSED / Method of Payment: Cardholder's Name Credit Card # (r:ne~ VISA // It 111 .s Signature --Llvtaster~ard ____-_ _ _ _ Exp.Date__I__ REGISTRATION FEES: Postmarked On or Before May 30 $325 $350 $400 $ 85 $ 30 Postmarked After May 30 or On Site County Member: Commissioner/Staff Government Employees (City, State, Federal) Private Sector / Business Spouse/Non-Business GuesVChildren 18+ Children under 18 $375 $400 $450 $125 $ 50 PLEASE SEND REGISTRATION FORM AND PAYMENT TO: FLORIDA ASSOCIATION OF COUNTIES, P.O. BOX 549, TALLAHASSEE, FLORIDA 32302 FAX: (850) 488-7752 (Credit Card Orders Only) Please call (850) 922-4300 if you have any questions. JONFERENCE REGISTRATION: Refu'nd of conference registration fee, less an administrative fee of $50, will be given, provided written or faxed notice is received by FAC on or before Mondav. June 12. 2006. Refund processing will occur after the conference has concluded unless payment has been made by credit card. NO REFUNDS WILL BE GIVEN AFTER JUNE 12, 2006. No telephone or verbal cancellations will be accepted. Agenda Item No. 16H2 May 9, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERA TIONS: Pursuant to Resolution No. 99-4] 0, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Lunch with Lieutenant General Jay M. Garner (Ret.) --- PUBLIC PURPOSE: To learn more about the security of the country through the American Security Council Foundation DATE OF FUNCTION/EVENT: March 30, 2006 FISCAL IMPACT: $25.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: May 9, 2006 -- Agenda Item No. 16H2 May 9, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H2 Meeting Date: Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Lt. General Garner Luncheon on March 30, 2006 and is requesting reimbursement in the amount of $25.00, to be paid from his travel budget. 5/9/2006 9:00:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCC Date BCC Office 4/18/20063:30:32 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 4/19/20068:16 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20065:19 PM rosiak n Agenda Item No. 16H2 May 9,2006 Page 3 of 3 Location: Lunch with Lt. General Jay Garner (Ret) ''The war on Terror, Command Reflections. Cost $25.00 put on JC's Credit Card - (403-2902 Brenda)-put on agenda for reimbursement The Collier Athletic Club Subject: Start: End: Show Time As: Thu 3/30/2006 12:00 PM Thu 3/30/2006 1 :30 PM Out of Office Recurrence: (none) An Invitation to Lunch with. .. Lieutenant General Jay M. Garner (Ret.) "The War on Terror; Command Reflections" March 30th, 2006 The Collier Athletic Club Lt. General Garner has served as Former Assistant Vice Chief of Staff of the U.S. Army. In January 2003 he was appointed by the Secretary of Defense to organize and direct the Office of Reconstruction and Humanitarian Assistance for Post-War Iraq. Lt. General Garner will be joined by former Senator Bill McCollum, who is a member of the Board of Directors of the American Security Council Foundation. Details to follow! 1 Agenda Item No. 16H3 May 9,2006 Page 1 of 5 ,..-- EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: The Greater Naples Chamber of Commerce 3rd Annual Distinguished Public Service Award ,..,-.. PUBLIC PURPOSE: To participate in the celebration and recognition of emergency management service efforts in Collier County. DATE OF FUNCTION/EVENT: Wednesday, April 19th, 2006, 7:30 a.m. FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Reso lution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: May 9th, 2006 - Agenda Item No. 16H3 May 9, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H3 Meeting Date: Commissioner Fiala requests Board approval for reimbursement for attending The Greater Naples Chamber of Commerce 3rd Annual Distinguished Public Service Awards serving a valid pubic purpose. Attended The Greater Naples Chamber of Commerce 3rd Annual Distinguished Public Service Award on Wednesday, April 19th, 2006 at the Hilton Hotel in Naples, Florida; $20.00 to be paid from Commissioner Fiala's travel budget. 5/9/2006 9:00:00 AM Prepared By Kendra Hastings Board of County Commissioners Executive Aide to the BCC Date BCC Office 4/28/2006 3:07:47 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/28/20063:18 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/1/2006 5:22 PM -- Agenda Item No. 16H3 7:00 AM - 8:00 AM 8:20 AM - 9:00 AM 9:00 AM - 10:00 AM 10:00 AM - 11:30 AM 10:30 AM - 11:00 AM 11:00 AM - 11:30 AM 11:30 AM - 1:30 PM 1:30 PM - 3:00 PM 3:00 PM - 3:30 PM 3:45 PM - 4:00 PM 4:00 PM - 4:30 PM 4:30 PM - 5:00 PM 5:00 PM - 5:30 PM 5:30 PM - 7:00 PM 8:00 PM - 10:30 PM fiala_d Greater Naples Chamber of Commercel Distguished Public Service Award **Brenda Borchardt 403-2902** -- @Hilton Hotel 7:00 a.m. Cont. Breakfast, 7:30 a.m. Ceremony Commences Address: 5111 Tamiami Trail, on west side, south of Pine Ridge Road Adriana (Darlene - 593-0663) TRAVEL OFFICE HOURS Meet with Brad Cornell wI Collier Audubon Society (643-7822) re: Conservation Collier -- @ DF's office Meeting with Diana Watson (239-825-4665)wlth EMS re: Staffing -- @DF's Office Confirmed on 4/18 @ 2:30pm LUNCH Transportation Disadvantage (Brandy Otero - 5715) or **774-8192** -- @ East Naples Community Center FYI Public meeting which will be televised TRAVEL Meeting w/Mlke Pettit... Jim DeLony re: Southplant Settlement with MItE -- @ DF's office Confirmed with Mike Pettit on 4/18 @ 9:30 am. Introductory Meeting wI Brenda Talbert New CBIA (Collier Building Industry Association) Executive Director **436-6100** -- @ OF's office Confirmed on 4/18 @ 1 0:30am Conservancy Monthly Meeting - Nicole Ryan (Kathy Adams - 403-4232) -- @ DF's office Confirmed on 4/18 @ 11 :30am TRAVEL Marco Business After 5 -- @The Chef's Express, 176 Royal Palm Drive in Old Marco Naples Players (Present Laughter) 1 4/28/20061:19 PM . . ~ a\\ ~o\'\" ?l6?O ~a(1\\a~~~\O~da ~'\O'3 ~1l9\e$' .. . 3rd Annual Distinguished Public Service Award Presented by The Greater Naples Chamber of Commerce "- The Naples Daily News These awards recognize significant contributions by individuals to their respective public service profession and the welfare of the Collier County Community. · Law Enfon~ement . Fire Protection. Medical Emergency Services Please join us as our special guest to celebrate our nominees on lVedIlesda..v, April 1.9tl1. HiltoIl HoteL Naples Doors Open (Continental Breakfast) Ceremony Commences Special Guest Speaker & Nominee Recognition 7:00 a.m. 7:30 a.m. 7:30-8:30 a.m. Please RSVP by Apri113th to Brenda Borchardt @ 403-2902 or Brenda@napleschamber.org Agenda Item No. 16H4 May 9, 2006 Page 1 of 4 "'''-"''. EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: The 2006 Tourism Week Celebration Sand Dollar Awards at the Naples Grand Resort & Club, Naples, Florida. <4.-w-->o"". PUBLIC PURPOSE: To participate in the celebration and recognition of tourism efforts in Collier County. DATE OF FUNCTION/EVENT: May 19th, 2006,12:00 p.m. FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: May 9th, 2006 ,,,,,,,,.-,,,,, Agenda Item No. 16H4 May 9,2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H4 Meeting Date: Commissioner Fiala requests Board approval for payment for attending an upcoming function serving a valid public purpose. Scheduled to attend The 2006 Tourism Week Celebration Sand Dollar Awards Luncheon at Naples Grand Resort & Club, Naples, Florida 011 May 19th, 2006 at 12:00p.m.: $25,00 to be paid from Commissioner Fiala's travel budget. 5/9/2006 9:00:00 AM Prepared By Kendra Hastings Board of County Com missioners El\ecutive Aide to the BCC Date BCC Office 4/28/20063:43:43 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/28/20064:16 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/1/20064:46 PM Save the Date! 2006 Tourism Awards . .', LeaSandra Agenda Itj~o~ ~ M'ay 9,2006 Page 3 of 4 From: CVB Sales [debide@colliergov.net] Sent: Friday, April 07,20063:11 PM To: HalasFrank Subject: Save the Date I 2006 Tourism Awards Paradise Coasl - ~ - ~~' ~~~ ~.""~,: " "-, i" k ~ \ ~ . I . , . j ~ 1 iJ' I I ,--" J..:_:,~!i<<....~ .__ i' ,- 1 , lJ1ie 2006 q'ourism Wee~Cere6ration CR.J:cognizing tlie Tofe of tourism in Collier County and t/iose woo ~ it liappen. :MaR! pfans to join us for tlie 2006 q'ourism Wee{Lunclieon. :May 19t1i at 12:00 p.m. at tlie :NapCes qranae 'Rflort & CCu6. We 'WiIl6e ceCe6rating our successful tourism efforts in Cooier County and recolJnizino tlie many men and 'Women w/io /iave contri6uted to its success. (j)on't forget to.fill out your nomination form! Ctic{liere to fi(( out ttie on-fine Sand (])o((ar Award nomination form or downloaa tlie form for faxing or maifing. Ponns must 6e retunted to tlie crvtB 6y .Jlpri[ 17, 2006. 4/7/2006 Save the Date! 2006 Tourism Awards Agenda It~~1G May 9, 2006 Page 4 of 4 )f.{{ attendees must ~S. ~~ in advance. ,Aamission is $25per person paya6fe at tlie aoor. casli or cliecNJ (made paya6feo :JVapfes qrand'e ~ort & Clu6) wi{{ 6e tlie onCy forms of payment acceptea. Por additional infonnation or to ~s.1l. cP contact (])e60rali 9dcCa6e via e-mai{ or plione 239-403-2384. 3050 Horseshoe Drive N. Suite 218, Naples, Florida 34104 Tel: (239) 403-2379 Fax: (239) 403-2404 email: Deborah McCabe www.paradiseCoast.com This email was sent to frankhalas@colliergov.net by CVB Sales Greater Naples, Marco Island, Everglades CVB, 3050 Horseshoe Dr. N., Suite 218 Naples, FL 34104 Unsubscribe I Wpdate Profile I Sender Info I Reoort Abuse I Forward En Fiver The Emall Marketlna EXDerts This email message may contain an advertisement or solicitation. 4/7 /2006 Agenda Item No. 1611 May 9, 2006 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 9, 2006 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: (1) April 1, 2006 through April 7, 2006. (2) April 8, 2006 through April 14, 2006. B. Districts: - (1) Wentworth Estates Community Development District: Minutes of July 18, 2005; Agenda of July 18, 2005; Memorandum of Voting Conflict by Esther McKenzie VanLare (not dated); Memorandum of Voting Conflict dated 05/13/2005 by Howard Taylor (incomplete); Memorandum of Voting Conflict by N. Paul SanFilippo dated 05/09/2005. C. Minutes: (1) Collier County Airport Authority: (a) Joint Workshop with Board of County Commissioners and Economic Development Council: Minutes of March 29, 2006. (2) Ochopee Fire Control District Advisory Board: Minutes of February 13, 2006. (3) Development Services Advisory Committee: (a) Budget and Operations Sub-committee: Agenda of April 12, 2006; Minutes of March 22, 2006 ",-.. H:\DA T A \FRONT DESK - 2006\2006 Miscellaneous Correspondence\050906 misc corresp.doc Agenda Item No. 1611 May 9, 2006 Page 2 of 3 (4) Contractors' Licensinq Board: Agenda of April 19, 2006. (5) Biq Cypress Basin Board of the South Florida Water Manaqement District: Minutes of December 8, 2005. (6) Collier County Planninq Commission: Agenda of April 20, 2006; Minutes of March 6, 2006 (Special Session); Minutes of March 8, 2006 (Special Session); Minutes of March 9, 2006 (Special Session); Minutes of March 16,2006. (7) Environmental Advisory Council: Agenda of May 3,2006; Minutes of April 5, 2006. (8) Vanderbilt Beach M.S.T.U: Minutes of April 6, 2006; Agenda of May 4, 2006. ,,.,..,,...., -- H:\DA T A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\050906 misc corresp.doc Agenda Item No. 1611 May 9,2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 1611 Miscellaneous Correspondence to file for record with action as directed. 5/9/2006 9:00:00 AM Prepared By Sam Tucker Executive Aide to the BCC Date Board of County Commissioners BCC Office 4/27/2006 4:08:47 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4/28/20069:17 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/28/20065:16 PM Agenda Item No. 16K1 May 9,2006 Page 1 of 6 Executive SUmmary Recommendation to Approve an Agreed Order for Expert Fees and Costs Relating to the Acquisition of Parcels 106 and 806 in Collier County v. Tree Plateau Co., Inc., et at., Case No. 03-0519-CA, Immokalee Road Project #60018. (Fiscal Impact: $12,487.50). OBJECTIVE: Approve an Agreed Order for Expert Fees and Costs relating to the acquisition of Parcels 106 and 806 in Collier County vs. Tree Plateau Co., Inc., Case No. 03-0519-CA. CONSIDERATIONS: The County acquired the subject property by depositing the sum of $508,000.00 into the registry of the Court on June 6, 2003. The County and Respondent, Mary H. Wagner, reached a settlement for full compensation for the acquisition of Parcels 106 and 806 and a Stipulated Final Judgment was entered by the Court on September 14, 2005. Pursuant to Section 73.091, Fla. Stat., the property owner is entitled to reasonable and necessary costs incurred in the defense of the eminent domain proceeding. Respondent has submitted invoices for expert services in the amount of$15,634.07 and the parties have negotiated settlement of these costs to $12,487.50. If approved, the County will pay the following costs: TOTAL: $11,500.00 $ 987.50 $12,487.50 - . Engelhardt, Hammer & Associates, Inc. . Mesimer & Associates, Inc. Attached is the proposed Agreed Order. FISCAL IMPACT: Funds in the amount of$12,487.50 are available in the Impact Fee District 1 Reserves. A budget amendment is needed to transfer funds into the project. Source of Funds are District 1 Road Impact Fee Reserves. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to expert fees and costs for Parcels 106 and 806; 2. Approve the attached budget amendment request; and 3. Approve the expenditure of funds as stated. ~ PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K1 May 9, 2006 Page 2 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTy, FLORIDA, a political subdivision of the State of Florida, Case No.: 03-0519-CA Petitioner, Parcel Nos.: 106 & 806 vs. TREE PLATEAU CO., INC., et aI., Respondents. I AGREED ORDER AWARDING EXPERT FEES & COSTS THIS CAUSE, having come before the Court upon joint motion of Petitioner, COLLIER COUNTY, and Respondent, MARY H. WAGNER, by and through her undersigned counsel, for entry of an Agreed Order Awarding Ex.pert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: 1. Respondent, MARY H. WAGNER, shall recover from Petitioner, COLLIER COUNTY, the sum of Twelve Thousand Four Hundred Eighty-Seven and 50/100 Dollars ($12,487.50) for expert fees and costs incurred in the defense of this proceeding as to Parcels 106 and 806. 2. Petitioner, COLLIER COUNTY, shall within thirty (30) days from the date of this Order, pay the total sum of Eleven Thousand Five Hundred and No/tOO Dollars ($11,500.00) t6 ENGELHARDT, HAMMER & ASSOCIATES, INC., c/o John C. Lukacs, Esquire, 201 Agenda Item No. 16K1 May 9, 2006 Page 3 of 6 Sevilla Avenue, Suite 305, Coral Gables, FL 33134 for proper disbursement in accordance with this Order. 3, Petitioner, COLUER COUNTY, shaH within thirty (30) days from the date of this Order, pay the total sum of Nine Hundred Eighty-Seven and 50/100 Dollars ($987.50) to MESIMER & ASSOCIATES, INC., c/o John C. Lukacs, Esquire, 201 Sevilla Avenue, Suite 305, Coral Gables, FL 33134 for proper disbursement in accordance with this Order. 4. No other costs, including attorney's fees, are awarded in this proceeding. DONE AND ORDERED this _ day of May, 2006, in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esquire John C. Lukacs, Esquire Bookkeeping Agenda Item No. 16K1 May 9,2006 Page 4 of 6 JOINT MOTION The undersigned parties hereby respectfully request this Court to enter the foregoing Agreed Order Awarding Expert Fees and Costs as to Parcels 106 and 806. Dated: Dated: JOHN C. LUKACS, ESQUIRE Florida Bar No.: 362727 20 I Sevilla Avenue, Suite 305 Coral Gables, FL 33134 (305) 445-4425 - Telephone (305) 445-2210 - Facsimile A TIORNEY FOR RESPONDENT Ell..ENT. CHADWELL, ESQUIRE Florida Bar No.: 983860 W COUNTY ATIORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATIORNEY FOR PETITIONER Item Number: Item Summary: Meeting Date: Agenda Item No. 16K1 May 9, 2006 Page 5of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Kl Recommendation to Approve an Agreed Order for Expert Fees and Costs Relating to the Acquisition of Parcels 106 and 806 in Collier County v, Tree Plateau Co., Inc., et aI., Case No. 03-0519-CA, Immokalee Road Project #60018. (Fiscal Impact: $12.487.50). 5/9/2006 9:00:00 AM Prepared By Ellen T. Chadwell County Attorney Assistant County Attorney Date County Attorney Office 4/18120063:35:12 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TECM-ROW 4/211200610:20 AM Approved By Lisa Taylor Transportation Services Management/Budget Analyst Date Transportation Administration 4/24/200610:30 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 4/25/2006 1 :30 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 4/25/2006 3:55 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 4/26/2006 8:20 AM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 4/26/20064:12 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/27/20068:47 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 4/28/20062:16 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 4/29/2006 2:30 PM Approved By Agenda Item No. 16K1 May 9,2006 Page 6 of 6 Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/1120064:49 PM Agenda Item No. 16K2 May 9, 2006 Page 1 of 5 .- Executive SUmmary Recommendation to Approve an Agreed Order for Attorney's Fees Relating to the Acquisition of Parcel 150 in Collier County v. April Circle, Ltd., et al., Case No. 04-3679-CA, Immokalee Road Project #66042. (Fiscal Impact: $3,510.00). OBJECTIVE: Approve an Agreed Order for Attorney's Fees relating to the acquisition of Parcel 150 in Collier County v. April Circle, Ltd., Case No. 04-3679-CA. CONSIDERATIONS: The County filed suit to acquire the subject property by eminent domain as part of the Immokalee Road expansion (U.S. 41 to 1-75) project. At the request of the Transportation Division, the Order of Taking was continued, and Parcel 150 was acquired by voluntary purchase through the Transportation Acquisition Department. Respondent, CVS, was subsequently dropped from the lawsuit. Chapter 73, Fla. Stat. and the relevant case law provide that CVS, as an interested party, is entitled to reasonable attorney's fees incurred by the Respondent in the defense of this matter. ..-. TOTAL: $3.510.00 $3,510.00 . Attorney's Fees Attached is the proposed Agreed Order. FISCAL IMP ACT: Funds in the amount of $3,510.00 are available in the FY 2006 adopted budget. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order for attorney's fees for Parcel 150; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney ,,-.. , . Agenda Item No. 16K2 May 9, 2006 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT Page 2 of 5 IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION '. ,. COUlER COUNTY, FLORIDA, a political subdi vision of the State of Florida, ~ c:::> te::r' ~ ::0 Petitioner, Parcel No.: 150 ~ 9 <A co ~ n(' rio., "'-- - : --:;?,.,. ~--~ -<::c rr ~~. 0-, ~::[ mll .~ - Case No.: 04-3679-CA -1 Ys. APRIL CIRCLE, LTD., et aI., Respondents. I ......T. AGREED ORDER THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER. COUNTy, FLORIDA, by-and through the undersigned cOl,ln~~l, and RespoIldeJlt, cys., ~, .. \ . , . ." ., ~": . .. '. . ,. , " ' ; , ",': " . . '. :., _ -:'" ~ . i successor in iilterest to Eckerd Drugs of Florida, Inc., by and through its undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premiSes, it is hereby ORDERED AND ADJUDGED that Respondent, CVS, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Three Thousand Five Hundred Ten Dollars and No/IOO ($3510.00) for attorney's fees incurred in connection with Parcel 150; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Three Thousand Five Hundred Ten Dollars and No/tOO ($3510.00) to SCHROPP, BUELL & ELUGETT, P.A., c/o Mark P. Buell, Esquire, 3003 West Azeele Street, Suite 100, Tampa, FL 33609. .' ~ .; . . '.. . ",' ; " DONE Al'ID O:RpERED this -'- day of. . . - ~ . ,.2006 ill Nllples, Collier G04Dty,r.tgtida., .. .... ' . '. ..' 'i ,'.. ~ ;. .,l." ! : .' - -:.~ ~~ ~. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Mark P. Buell, Esquire E. Glenn Tucker, Esquire Bookkeeping Agenda Item No. 16K2 May 9, 2006 Page 3 of 5 JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order. Datek '//tyo( . fi~! /JwtJ MARK P. BUELL, ESQUIRE Florida Bar No.; 217603 SCHROPP, BUELL & ELLIGEIT, P.A. 3003 West Azeele Street, Suite 100 Tampa, FL 33609 (8.13) 87+~600 Co Telephone (813) 874-1760-Facsimile AITO~Y FOR RESPONDENT * T~r.D. tf 'S1- 0103' ~ 35 Dated: @ HEIDI F. ASHTON, ESQUIRE Florida Bar No.; 966770 COUNTY AITORNEY'S OFFICE Hannon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400- Telephone (239) 774-0225 ., Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K2 May 9.2006 Page 4 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K2 Meeting Date: Recommendation to Approve an Agreed Order for Attorneys Fees Relating to the Acquisition of Parcel 150 in Collier County v. April Circle, Ltd., et aI., Case No. 04-3679-CA. Immokalee Road Project #66042, (Fiscal Impact: $3,510.00) 5/9/2006 9:00:00 AM Prepared By Heidi F, Ashton Assistant County Attorney Date County Attorney County Attorney Office 4/19/20069:56:45 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 4/20/20063:27 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 4/21/200610:22 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4/25/20061:31 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4/25/2006 4:49 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/26/2006 8:20 AM Approved By David C, Weigel County Attorney Date County Attorney County Attorney Office 4/26/20064:13 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20068:51 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/20062:19 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/20062:34 PM Approved By Agenda Item No. 16K2 May 9,2006 Page 5 of 5 Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/1/20064:50 PM Agenda Item No. 16K3 May 9, 2006 Page 1 of 5 EXECUTIVE SUMMARY -- Recommendation to approve the Offer of Judgment in the amount of $17,700.00 as to Parcel 144 in the lawsuit styled Collier County v. Thomas A. Torrella, et al., Case No. 04-393-CA (Vanderbilt Beach Road Project No. 63051). (Fiscal Impact $3,900.00) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to ~ 73.032, Fla. Stat., to Respondents, John G. Azar, Gabe G. Azar, and Amal G. Azar ('"Respondents"), in the amount of $17,700.00, as full compensation for the acquisition arising out of the condemnation of Parcel No. 144 in Collier County v. Thomas A. Torrella, et al.! Case No. 04-393-CA (Vanderbilt Beach Road Project No. 63051). -- CONSIDERATIONS: On July 15, 2004, Collier County deposited $13,800.00 into the Court Registry and acquired title to Parcel 144 in accordance with the Order of Taking entered on June 29,2004. The County Attorney's Office would like to make an Offer of Judgment in the amount of $17,700.00, as full compensation for the property taken, inclusive of attorney's fees and costs. See attachment. The making of the Offer will require Respondents to carefully assess their claim within 30 days. If the offer is rejected and Respondents fail to recover more than $17,700.00 through settlement or jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incurred by Respondents after the date of the offer's rejection. Should the Respondents accept, the County will be required to pay as follows: . Additional Compensation for Parcel . Statutory Attorney's Fees and Costs TOTAL COST: $3,900.00 $ 0.00 $3,900.00 FISCAL IMPACT: Funds in the amount of $3,900.00 are available in the FY 06 adopted budget. Source of funds are Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 04.0007/29 - Agenda Item No. 16K3 May 9, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16K3 Recommendation to approve the Offer of Judgment in the amount of $17 .700,00 as to Parcel 144 in the lawsuit styled Collier County v. Thomas A, Torrella, et aI., Case No, 04-393-CA (Vanderbilt Beach Road Project No, 63051). (Fiscal Impact $3,900.00) 5/9/20069:00:00 AM Item Number: Item Summary: Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 4/21/20063:31:27 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 4/21/20064:30 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 4/24/2006 3:57 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 4/25/20069:38 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4/25/20061 :36 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4/25/2006 4:43 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/26/2006 8:24 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/26/20064:14 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/20069:00 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/2006 2:33 PM Approved By Agenda Item No. 16K3 May 9,2006 Page 3 of 5 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/20062:32 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/2/20061:41 PM Agenda Item No. 16K3 May 9,2006 Page 4 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida) Petitioner, Case No. 04-393-CA-TB Parcel Nos.: 144 v. THOMAS A. TORRELLA, et al. Respondents. I OFFER OF JUDGMENT TO: John G. Azar 356 East Saratoga Ferndale, MI 48220 Gabe G. Azar 1380 Cypress Woods Drive ~aples, Florida 34103 Amal G. Azar 211 Kirk Lane Troy, MI 48084 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, JOHN G. AZAR, GABE G. AZAR, AND AMAL G. AZAR, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, defense costs and any other claims of Respondents. JOHN G. AZAR, GABE G. AZAR, AND AMAL G. AZAR, arising out of the taking of Parcel 144, in the aggregate amount of Seventeen Thousand Seven Hundred and No/tOO Dollars ($17,700.00), which includes the amount of $13,800.00 which was deposited pursuant to the Agenda Item No, 16K3 May 9, 2006 Page 5 of 5 Order of Taking dated June 29, 2004. The offer is apportioned as to Five Thousand Nine Hundred and No/tOO Dollars ($S,900J)()) for each of the afore-named Respondents and may be accepted by any of the Respondents. There are no non-monetary terms or other relevant conditions to this offer except that this offer does include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY A TIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQ~ Florida Bar No. 0983860 A ITORNEY FOR PETITIONER Agenda Item No. 16K4 May 9, 2006 Page 1 of 3 ,,"""'--. Executive Summary Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Counter-offer to Settle a Claim for Business Damages by J.S. Roath Corp. Resulting from the Acquisition of Parcels 860 and 960 in the Case Styled Board of County Commissioners v. J.S. Roath Corp., et al., Case No, 05-1093-CA (SCRWTP RO Wellfield Expansion Project No. 70892) (Fiscal Impact, if accepted, is $16,500.00) OBJECTIVE: Authorize the County Attorney's Office to make an offer to settle a claim for business damages associated with the acquisition of Parcels 860 and 960 in the case styled Board of County Commissioners v. JS. Roath C07P" et aZ., Case No. 05-1093-CA. CONSIDERATIONS: This item is included in the 2003 Water Master Plan update adopted by the Board of County Commissioners on May 25, 2004, item lOD. An Order of Taking was entered on October 18, 2005 in Collier County Circuit Court regarding the acquisition of Parcels 860 and 960 for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis (RO) Wellfield Expansion Project. On November 1, 2005, the County deposited with the Court the good faith estimate of value in the amount of $20,000 for ,_ the aforementioned parcels in accordance with the Order of Taking. On January 19, 2006, the County received a business damage claim in an amount of $100,326 on behalf of Respondent, J.S. Roath Corp. dba Super 8 Motel. Pursuant to Statute, the County must respond within 120 days. The County has retained an outside expert for purposes of evaluating the business damage claim and recommends, based on the expert's review, that a counter-offer be made in the amount of $16,500.00. FISCAL IMPACT: Funds in the amount of$16,500.00 are available from the FY 2006 budget. Source of funds are water impact fees. GROWTH MANAGEMENT IMP ACT: This project will be considered and is connected with and will further the goals and policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. authorize the County Attorney's Office to make the recommended business damage counter-offer pursuant to Statute; 2. approve the expenditure of the funds as stated, in the event such offer is accepted; and 3. direct the County Attorney's Office to prepare a settlement reflecting resolution of the business damage claim in this case, if the offer is accepted. ,,-- PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney. Agenda Item No. 16K4 May 9,2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K4 Meeting Date: Recommendation that the Board of County Commissioners Authorize the County Attorneys Office to Make a Business Damage Counter-offer to Settle a Claim for Business Damages by J,S. Roath Corp. Resulting from the Acquisition of Parcels B60 and 960 in the Case Styled Board of County Commissioners v. J,S, Roath Corp" et aI., Case No, 05-1093-CA (SCRWTP RO Wellfield Expansion Project No. 70892) (Fiscal Impact, if accepted, is $16,500.00) 5/9/2006 9:00:00 AM Prepared By Ellen T, Chadwell Assistant County Attorney Date County Attorney County Attorney Office 4/24/200612:13:52 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 4/24/2006 3:57 PM Approved By Porfirio E, Gramatges, P.E. Sr, Project Manager Date Public Utilities Public Utilities Engineering 4/24/2006 4:00 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 4/24/20064:14 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/24/20068:29 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/25/20067:57 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/25/2006 2:58 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/26/20064:15 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 9:04 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/28/2006 2:32 PM Agenda Item No. 16K4 May 9, 2006 Page 3 of 3 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/29/2006 2:43 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/1/20064:57 PM Agenda Item No. 16K5 May 9, 2006 Page 1 of 2 ~ EXECUTIVE SUMMARY Recommendation to approve settlement prior to completion of discovery in the lawsuit entitled Saikiewicz v. Howe, et ai., filed in the Twentieth Judicial Circuit In and for Collier County, Florida, Case No. 05-1606-CA, for $2,000.00. OBJECTIVE: That the Board of County Commissioners approve settlement prior to the completion of discovery, whereupon the County would pay Plaintiff $2,000.00 and all claims against the County would be dismissed with prejudice. CONSIDERA TIONS: On April 13, 2005, Plaintiff was jogging in the area of 2408 Kings Lake Boulevard. Plaintiff claims to have tripped at the point where the driveway met the sidewalk which created a dangerous "crack". Plaintiff fell sustaining bilateral knee contusions, abrasions of the hands, as well as being dazed. He was diagnosed as having contusions of the hands and knees along with problems with his neck and back. Plaintiff alleges that the elevated sidewalk was excessive and that his neck, back and knee injuries caused ongoing problems. After completion of the County's investigation and review of the Plaintiff's medical claims, the $2,000.00 settlement may be considered reasonable. If this matter went to trial, trial costs for an expert engineer would range somewhere between $3,000.00 to $5,000.00 and a medical expert would cost somewhere between $3,000.00 to $5,000.00. ,-- FISCAL IMP ACT: The settlement offer recommended by staff amounts to $2,000.00. Funds are budgeted and available in the Risk Management Property & Casualty Fund No. 516121650. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: Plaintiff asserts that the County failed to maintain the sidewalk in question and allowed an unreasonable height between the sidewalk and driveway to occur. The County denied liability. Both the County Attorney and the Risk Management Director opine that settlement in the sum of $2,000.00 for Plaintiff's claims is reasonable and cost effective under all the circumstances. RECOMMENDATION: That the Board of County Commissioners approve the settlement proposal of $2,000.00 for the Plaintiff. PREPARED BY: William E. Mountford, Assistant County Attorney .- 05.01 J6n37 Agenda Item No. 16K5 May 9,2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K5 Meeting Date: Recommendation to approve settlement prior to completion of discovery in the lawsuit entitled Salkiewicz v, Howe, et aI., filed in the Twentieth Judicial Circuit In and for Collier County, Florida, Case No, 05-1606-CA, for $2,000.00. 5/9/2006 9:00:00 AM Prepared By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 4/27/200610:27:34 AM Approved By Jeffrey A. Walker, CPCU. ARM Risk Management Director Date Administrative Services Risk Management 4/27/200610:44 AM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 4127/200610:46 AM Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Office 41271200610:52 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 4/27/200610:59 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/2712006 4:36 PM Approved By Michael SmykQwski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/28120069:01 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/28/20065:07 PM Agenda Item No. 17 A May 9,2006 Page 1 of 10 ,-~ EXECUTIVE SUMMARY Recommendation to approve Petition A VESMT -2005-AR-7656 to disclaim, renounce and vacate the County's and the Public's interest in a 10 foot utility easement located in Section 20, Township 48 South, Range 26 East and recorded in O.R. Book 1457, Page 1492, Public Records of Collier County, Florida and accept a 10 foot wide utility easement over the existing force main. OBJECTIVE: To adopt a Resolution to vacate a 10 foot utility easement recorded in O.R. Book 1457, Page 1492 and accept a 10 foot wide utility easement over the existing force main. CONSIDERATIONS: ,-. Petition A VESMT -2005-AR-7656 has been received by the Engineering Services Department from PMS, Inc. of Naples, as agent for the petitioner, Meadows at Quail Creek Village, Corp., Joseph D. Beck, President, the current owners, to dedicate a 10 foot utility easement over the existing force main. Letters of no objection have been received from: Collier County Engineering Services Department Collier County Public Utilities Division FISCAL IMP ACT: Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. mSTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. ..-. Agenda Item No, 17 A May 9, 2006 Page 2 of 10 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. RECOMMENDATIONS: 1. Adopt the Resolution for Petition A VESMT-2005-AR-7656 for the vacation of the 10 foot utility easement located in Section 20, Township 48 South, Range 26 East and recorded in O.R. Book 1457, Page 1492 and accept a 10 foot wide utility easement over the existing force main. 2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. - PREPARED BY: Russ Muller, Engineer, Engineering Services Department ~ Agenda Item No. 17 A May 9, 2006 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17A Meeting Date: Recommendation to approve Petition AVESMT -2005-AR-7656 to disclaim, renounce and vacate the Countys and the Publics interest in a 10 foot utility easement located in the Meadows at Quail Creek Village, Section 20, Township 48 South. Range 26 East and recorded in O.R. Book 1457 Page 1492, Public Records of Collier County, Florida and accept a 10 foot wide utility easement over the existing force main, 5/9/20069:00:00 AM Approved By Thomas E. Kuck, P.E, CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 4110/20064;37 PM Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Constance A. Johnson 4124/2006 9:00 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4125/20069;47 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 412612006 8:45 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4127120069:45 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/1/20067:07 PM Agenda Item No. 17 A May 9,2006 Page 4 of 10 RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA., FOR PETITION A VESMT 2OO5-An. 7656, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A IO-FOOT WIDE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 1457, PAGES 1492, ET SEQ., OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A to-FOOT WIDE RELOCA TION UTILITY EA~:EMENT ALONG THE NORTHERLY BOUNDARY OF THE MEADOWS AT QUAIL CREEK VILLAGE LOCA TED IN SECTION 20, TOWNSHIP 48 SOUTH, RA.l\fGE 26 EAST. WHEREAS, pursuant to Section 125,OI(t), Florida Statutes. P,M.S., Inc.. of Naples, as agent for petitioner, Meadows at Quail Creek Village Corp., does hereby request the vacation of a portion of a Utility Easement conveyed to Collier County by separate instrument recorded in Official Records Book 1457, Pages 1492. et seq., of the Public Records of Collier County Florida, and ill<Jre particularly described in Exhibit "A", and acceptance of a IO-foot wide relocation easement, more particularly described in EX;1ibit "B", located along the northerly boundary of The Meadows at Quail Creek Village; and WHEREAS, the Board of Collier County Commissioners has this day held a public hearing to cOIlS,ider vacating the portion of the Utility Easement conveyed to Collier County by separate instrument recorded in Official Records Book 1457, Pages 1492, et seq., of the Public Records of Collier County Florida. and more particularly desClibed in Exhibit "A", and accepting the IO-foot wide Relocation Utility Easement, more :Jalticularly described in Exhibit "B", and notice of said pubhc.learing to vacate was given as required by law; and WHEREAS, the granting of the VLcation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. The County's ea~ement interests ,wer and across the Utility Easement, more particularly described in Exhibit "A" attached hereto and incorporated herein, are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefil, 2. The IO-foot wide Utility Easeme"lt, more particularly described in Exhibit "B" attached hereto and incorporated herein. is hereby accepted as a Relocation Utility Easement to the Utility Easement vacated herein. 3. The Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this _ day of _ .2006. AITEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ . Deputy Clerk l\. p [..~v :.I1SJ ,.U.wp "n~... ,." . !'rlm y: 1dTl'C~~ ~t~w ASSiSlJ~;~" Inly Attorney I \I By: FRANX HALAS, Chairman BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES. FLORIDA 34110 TELEPI-IONE: 239-597-1315 FAX: (239) 597-5207 r:;. Agenda Item No. 17 A C;:X IJ IS I r May 9, 2006 i'age 5 of 10 PAt:iE I eJF Z LEG,AL DESCRIPTION A PORTION OF A 10' UTILITY EASEMENT FOR FORCE MAIN PURPOSE, RECORDED IN O.R. 1457, PG. 1493 (TO BE VACATED) A PORTION OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID SECTION 20, N.89009'18"E., A DISTANCE OF 1,000,01 FEET; LEAVING SAID SOUTH SECTION LINE, THENCE ALONG THE EAST LINE OF THE WEST 1000.00 FEET OF SAID SECTION 20, N.Clo08'47"W.,A DISTANCE OF 100.00 FEET TO THE NORTH LINE OF THE COLLIER COUNTY CANAL DRAINAGE RIGHT -OF-WAY AS RECORDED IN DEED BOOK 43, PAGE 267, PUBLIC RECORDS OF COLLIER COUNTY, FLORJDA; THENCE LEAVING SAID NORTH LINE, CONTINUE N.OIo08'47"W, ALONG THE EA ST LINE OF THE WEST 1,000,00 FEET OF SAID ~,ECTION 20, A DISTANCE OF 175,00 FEET; THENCE N.89009'I8"E., A DISTANCE OF 94.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.Olo08'47"W., A DISTANCE OF 649.95 FEET; THENCE S.70000'00''E., A DISTANCE OF 10.72 FEET; THENCE S.OIo08'47"E., A DISTANCE OF 690.58 FEET; THENCE S.88051'13"W., A DISTANCE OF 10.00 FEET; THENCE N.O I008'47"W., A DISTANCE OF 44.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. BE A..RINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT OF WAY LINE OF '1ALEWOOD DRfVE'J-t:S)3EING SOoo50'42"E.. , /... ~ Tl:It~-t~Q:PER.TY I~S~J~0:r. TO EASEMEtITS, RESTRICTIONS AND RESERVATIONS OF R.f):IDlW. . . 'A "A ~.~~~;7~/' v 071l:~j05 BRgrr*. BISHOP, mTE~OF:FLORIDA, (LS. #4760) l~i:S.&fRVEYORS &tyf~PERS INC., (L.B. #6753) .- ~ Z\PllOJECOO463\sVRVEv\roe,CEMAIN v ACATIO'l 0526 05.lwp I'R(()Fro~y'>>At: /.~ SEE ATTACHED SKETCH (5HEET 2 OF 2)n SHEET 1 OF 2 <C 0 r-- - 0 0 "<0 Z Q) E 0> ro 2 0.. ro "t:l c Q) 0> <C w ~ -' ~ << :> l';,- - - - - - -," - - - -- '- - - u - -. - ,." - -, - - - - ---- - - - fb I ~ , " (IS. 3""d 'r> :<oot! 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L.t.I Cl: ::'-~:::'~Q OJ "' Cl:N-J ~~2:)~l.( 1:, tfh_ t/) ~ "' fJ) Lu m iij it CO ~ ~ ~ :l\f^ H::U.:nt~ ~.O\tI""'~"'CpJ:JAI t'')...(t...t-Mf2\S~.rO..r(h.'7 - (;"Kf.lI1511 /3 Agenda Item No. 17A f'A~E I 0': 3 May 9,2006 Page 7 of 10 This ir strument prepared by: Tamela Eady Wiseman, Esquire Tarneb Wiseman, P,A, 30(1 Fifth A venue South, Suile 22\ Naple,;, Florida 34102 DEED OF REPLACEMENT UTILITY EASEMENT FOR FORCE MAIN PURPOSES THE UTlUfY EASEMENT(SI (CUES), are granted and conveyed this ~\jfj day of .....la(llJ1 ~ ' 200~ BY QUAIL:F~EK VILLAGE FOUNDATION, IN~ Florida corp<)ration ot for profit as Grantor, to the BOARD OF COUNTY COM-MISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, A'.JD AS THE EX-OFFICIO GOVERJ-.lI-.JG BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, GR}...NTEE, WI1NESSETH: That the Grantor for and in consideration oftbe sum often dollars ($10.00) and other valuable consideration paid by GlCJltee, receipt of which by is hereby acknowledged by Grantor, hereby conveys, grants, barg~ci.ns and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive easement, lieeIlse, right 3Ild privilege to enter upon and to install, reloeate, repair and/or otherwise maintain utility systern(s) and utility facilities, andJor portiones) thereof, in, on, over and under the follov.ing described lands located in Collier County, Florida, to wit: See attacbed Exhibit "A," which is incorporated herein by reference, ToO HAVE AND TO HOLD the same U:lto the Grantee, its successors andJor assigns, together witt the right and privilege to enter upon said land to excavate, relocate and/or take and/or ir.troduce materials for th,e purposes 0' constructing, operating, relocating, repairing andlor olheTWise maintaining the subject utility facilities andJor system(s) or portion(s) thereof, in, on, over and/or under the easement area, Grantor and Grantee are used for singular or plural, as the con':ext allows, ll'l WrrNESS WHEREOF, the Grant,)r has caused these presents to be executed the date and y.ear first written. \,lhtJ).il, cs: / ( c1/. ~ I: Sig!, re OfW);1.CSS ;{ ..::-~ ,A I. ef Printed name ofWitne.ss QUAlL CREEK VILLAGE FOUNDATION, lNe" a Florida corporation not-for-profit 0111 r ~ f\(\ . _ib'\.M...U u. \l.\Lu...:.ou,- S wnatw:e of WiSSS I' b,r)r\1 fi~ Lt.1 \\lqn Printed name ofWituess ~ft~JL1~~ , I, its Presi~'I1t (Seal-, Florida Corporation Not-For,Profit) ~.TATE OF FLORIDA COUNTY OF COLLIER Th~ fo:egolns _ J~HAf./I (,[ ~aid corporation, instrument WU3 , 200k b) :lckno\,'ledged b.:fCri'C ~7 /11YMs me this (, .,~ Jay uf on behalf Sign Print Personally Known ~; or Produced Identification _ Type ofIdentification Produced: Affix Seal Below: r dv l ~'- -~~.-"---< BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 597-5207 F}(Urlr&TN&A May 9,2006 ~~E Za2J!030 LEGAL DESCRIPTION REPLACEMENT 10' UTILITY EASEMENT, FOR FORCE MAIN PURPOSES, (OFFSITE) THE MEADO'VS AT QUAIL CREEK VILLAGE A PO'RTIO'N O'F TIlE SO'UTHWEST 114 OF SECTIO'N 20, TO'WNSHIP 48 SOtJIH, R.....\NGE 26 EAST, CO'LLIER CO'UNTY, FLO'RIDA, BEING MO'RE PARTICULARLY DESCRIBED AS FO'LLO'WS: COMMENClNG AT THE SO'UTHWEST CORNER OF SECTIO'N 20, TO'WNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLQRIDA; THENCE ALONG TIm SOUTH LINE O'F SAID SECTIQN N.890C9'18"E., A DISTANCE QF 1,000.01 FEET; THENCE ALO'NG THE EAST LINE QF THE WEST 1000.00 FEET O'F SAID SECTION 20, :~.OI o08'47"W., A DISTANCE O'F 960.f:l FEET TO' THE NORTHERLY LINE QF TIrE MEADOWS AT QUAIL CREEK VILLAGE; THENCE S.70000'OO''E., ALQNG SAID NORTHERLY LINE, A DISTANCE QF 108,38 FEET TO' THE POlNT OF BEGlNNING OF THE PARCEL O'F LAND HEREIN DESCRIBED; THENCE N.57033'24"E., A DI:nANCE OF 12.61 FEET; THENCE S.70000'OOllE., A DISTANCE O'F 414.02 FEET; TBENCE S,27040'58"E., A DISTANCE QF 14.85 FEET TO' SAID NQRTHERLY LINE,; TBENCE N,70000'OO''W., ALQNG SAID NQRTHERL Y LINE, A DISTANCE QF 432.69 FEET TO' THE POINT OF BEGINNTh'G BEARINGS SHQWN HEREO'N ARE B>\SED QN THE WESTERLY RIGHT QF WAY LINE OF V ALEWQQD DRNE AS BEING SOO'50'42"E. THIS PRO'PERTY IS SUBJECT TO' EA3EMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, -.':'" -- ~ ~ 2/09105 STEPHEN E. BERRY, STATE 0 Q;:{D)A, (L.S. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) Z\PEOJECT\0463\SURVEY\FORCE MAIN r 04 1505, 'wp REvlSED; TITLE 07/12/05,EXTEND EASEMENT 121)9105 FROOFED BY ~ (SEE ATTACHED SKETCH- SHEET 2 OF 2) SHEET 1 OF 2 ~f~ ) J) Q) 0> ro 0.. 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Vi '" '" of) '" 51 ~ '" .... ... al ::2 w a. ~ CI <( ~ CI ;!; of) ~ '" V> x: ~ . 0 z '" 5 UJ < N I- - OAKES BOlJLf:VARO en .., ~ ~ ~ g '3 '3 ... t- g '" ~ ,- ~ '3 ~ ...J ...J 5= ffi 15 'l " ''-! :nt':)S OllON / E- ~ - r::I l- e( """'^'"""" lS11'lOQ ~9I'~fO ~ 0 ~ ~ 5l E~ ~ ~~ ~ i~ !t! ~~ ~~ r I- w 'j g :> l! ~ ~ z ;1 'tiC S'3)(Yl 3^1HO 3>IOmmHU'ON oj I ~ ~ !t .. ~ - ~ ~I!!~ ~1!l1( .- .., ~ iEi !! n 03 5:!:1- a. g~! ~ <t ~ GW.u1OOCI NWOl x: I!! I!! ~ ~~ Cs ~i tn boo Z ~~i ~ ~~ 0 ~ i- s ~ - I- ilL. i.l.VJ.SIG.LN <t I!! U ;< 0 !:Jill h i!i ~ ..J s fi_ r ~e Sl.. 3lV~StSJ.Hl 8rn::J ...w,NI"llXl ,,~ SO'JOM 5S3tldA.:l ~ I I :~ " 'I I~ ,~ :~ ~ ~ j ~ ~ 5!i' ~E:e :-,; Agenda Item No. 17B May 9, 2006 Page 1 of 74 - EXECUTIVE SUMMARY PUDA-2005-AR-8745 Curtis Gunther of Il Regalo, LLC. Requesting an amendment for the Carlisle Regency Planned Unit Development (PUD). The PUD Amendment proposes to allow for a two-story home as a replacement for the current one-story home. The amendment is also requesting to revise the ownership of the PUD. The subject property consists of 11.7 acres located on the south side of Orange Blossom Drive, immediately east of Yarberry Lane, in Section 2, Township 49 South, Range 25 East Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners consider an application seeking to amend the current Carlisle Regency Planned Unit Development (PUD) for the purpose of permitting a two-story single-family or two-family home as a replacement for the current one-story single-family or two-family home and to bring up-to-date the change in ownership of the PUD. CONSIDERA TIONS: ",-- The PUD was approved by the Board of County Commissioners (BCe) on December 6, 2003 (Ordinance 03-66). The 11.7 acre parcel was rezoned from Residential Single- Family (RSF-l) to PUD, with residential dwelling units as the primary permitted uses. The existing PUD permits residential homes to be built as single-story with a maximum height of 35 feet. The intent of the amendment is to modify the Residential Development Standards to allow the principle structures to be built as two-stories while maintaining the permitted maximum height of 35 feet. "-" ZOOiD!!: Map ~~I'\ ,<I I H ~, l ,:. .";,-,'>,-,, ~ _' - ';_:, - \i~~."" -..........~......~----____ _ BW,r..LEY MIXED USE "-"':'CiT.f5I:!S GARDENS r A"' PUD Carlisle Regency PUD Executive Summary Page 1 of 3 May 9, 2006 BCC Agenda Agenda Item No, 17B May 9, 2006 Page 2 of 74 GROWTH MANAGEMENT PLAN IMP ACT: Future Land Use Element: The subject property is in the Urban Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DUI A. This district is intended to accommodate a variety of residential and non-residential uses. The Carlisle Regency PUD was deemed consistent with the FLUE and this amendment only affects development standards and therefore the approved densitylintensity shall remain the same. Transportation Element: Evaluation for this petition considered the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent with Policy. The consistency finding provides a statement to the project, that when developed will not excessively increase traffic congestion. GMP Conclusion: Based upon the above analysis, staff concludes the proposed amendment may be deemed consistent with the FLUE. FISCAL IMP ACT: This PUD amendment associated with the approval of this project will have no fiscal impact on Collier County. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Advisory Council did not hear this petition as the site was previously disturbed land and for this reason a waiver of the Environmental I mpact Statement requirements was granted. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCe) must be based. The legal considerations are based on the criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC, These evaluations were completed as separate documents that were incorporated into the supplemental staff report. A summary of the legal considerations and findings recommended by staff are noted below: . The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements ofthe GMP. . The proposed land uses are compatible with the existing land use pattern. . The proposed change should not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. Carlisle Regency PUD Executive Summary Page 2 of 3 May 9. 2006 BCC Agenda Agenda Item No, 178 May 9, 2006 Page 3 of 74 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition request on April 20, 2006 and voted unanimously to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the stipulation: 1. Add an additional footnote to Table 1 that states: (4) 2 Story Two-family structures must maintain a minimum 6 foot Side Yard Setback to the property line on both sides. Since this petition received a unanimous approval, it is placed on the Summary Agenda. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve this request to amend the Carlisle Regency RPUD. PREPARED BY: Melissa Zone, Principal Planner Department Of Zoning and Land Development Review Carlisle Regency PUD Executive Summary Page 3 of 3 May 9, 2006 BCC Agenda Item Number: Item Summary: Meeting Date: Agenda Item No. 17B May 9, 2006 Page 4 of 74 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2005-AR-8745 Curtis Gunther of II Regalo, LLC, requesting a PUD Amendment for Carlisle Regency PUD, The PUD Amendment proposes to allow for a two-story single-family or two-family home as a replacement for the current one- story single-family or two-family home, The amendment is also requesting to revise the ownership of the PUD. The subject property consists of 11,7 acres and is located on the south side of Orange Blossom Drive, immediately east of Yarberry Lane, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, 5/9/2006 9:00:00 AM Prepared By Melissa Zone Community Development & Environmental Services Principal Planner Date Approved By Zoning & Land Development Review 4/26/2006 10:51 :57 AM Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/26/200612:00 PM Approved By Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 4/26/2006 5:46 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 4/27/200610:15 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/30/2006 11 :28 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 5/1/20067:17 PM Agenda Item No, 178 May 9, 2006 Page 5 of 74 Co~r County ......._-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 20, 2006 SUBJECT: PETITION PUDA-2005-AR-8745, CARLISLE REGENCY PUD AGENT/APPLICANT: OWNER: Curtis Gunther 11 Regalo Development, LLC 809 Walerbilt Road #6 Naples, FL 34110 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application to amend the Carlisle Regency Planned Unit Development (RPUD) to allow for a two-story single- family or two-family home as a replacement for the current one-story single-family or two- family home and to modify the change in ownership. GEOGRAPHIC LOCATION: The subject PUD is located at the southeast corner of the intersection of Orange Blossom Drive and Yarberry Lane in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (See illustration on following page) PUDA-05-AR-8745, Carlisle Regency RPUD a:JCO~ i>-O r-- ~'<- o . ..;:iCO .G- Q) '->-0> c:roro g~o.. ro "0 c: Q) 0> <( ,.,... tIt" ",,1 0-'0. ~d-~ ~ @ :!; ~ il ~ ~ ..J ~ Ii i I i ~ -, -, B ~ 31 ~ ~ ~ Ii a.. ~ <( ! ~ ".,. .. ""' I ___ - -.:- ~ -...nioo _ 1l . I~ . ~ p ~ << :c: 0, ~~ 6~ I ~:; h., ~ ~ i di j!- ~~ ~" ~" - ii ~ ~ W I- - en I/') 'Ot "'" CD Ii: < . It) o o N , < c :;:) 0.. - z o l- I- W 0.. a.. ~/ <( g"1 p. I ~E ~ I ~ '~-I~ ~ "" - 3 ~ ~i HI Z tI'wOlf 1<<)1.1f)HW1 I 0 l1 - ~ ai ::: &- l- i- iK <( \ () ," 0 Sll 01: Ie i 'i ..J !V ' ~ \ i"' ~\11 "( \. i~ 1 ~'\ L 'I , h r " ;; b__ 'I1U 'WKl tJIMftV.1 Agenda Item No, 178 May 9,2006 Page 7 of 74 PURPOSE/DESCRIPTION OF PROJECT: The current PUD permits residential land use at 2.99 dwelling units per acre which is a density just below the permitted density of 3 dwelling units per acre for the surrounding area. The purpose of the proposed amendment is to modify the Residential Development Standards to allow the principal structures to be built as two-stories instead of the current one-story while maintaining the permitted maximum height of 35 feet SURROUNDING LAND USE AND ZONING: Subject Parcel: The Land Use for the subject parcel is residential, zoned PUD Surrounding- North: Buckley Mixed-Use PUD was approved for 204 residential units and 171 ,300 of commercial square feet, zoned PUD and Emerald Lakes PUD that was approved for 145 single-family residential units and 380 multi-family residential units, East: Longview Center PUD was approved for 15 single-family residential units and 143,000 of Commercial square feet, zoned PUD. South: Bear Creek PUD was approved for 120 multi-family residential units at a gross density of 14 units per acre and is built-out, zoned PUD. 'Vest: Cay Lagoon PUD was approved for 32 multi-family residential units at a gross density of 5.45 units per acre and is built-out, zoned PUD. , !.' .-" 'f'" ~.""""",:,._.....,^"""--'t . '~"'-~-" "....-: i' ',.._~ ,PUD MJM~Rf:Y ~~!tq--~ ~'~"l ~~'J, ;::;: 1 : !, '::::t. '_ ' .' i ._, UD: WILLOW PARK-.:;:; i 1\;,::"" PUDA-OS-.-'\R-8745, Carlisle Regency RPUD , .) Agenda Item No, 178 May 9, 2006 Page 8 of 74 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/ A. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. The project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, and therefore is subject to a 1 DU/A reduction from the base density of 4 DU/ A, and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 DU/ A. Base Density Traffic Congestion Area Total Eligible Density 4du/a -1 du/a 3 du/a The Carlisle Regency PUD was deemed consistent with the Future Land Use Element and approved by the Board of County Commissioners in 2003, for a total of 11.7:1: acres of mixed-detached single family and two family dwelling units, totaling 35 dwelling units at a density of 2.99 per acre. As this amendment only affects development standards, the density/intensity remain the same. FLUE Policy 5.4 requires land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality, CONCLUSION: Based upon the above analysis, staff concludes the proposed amendment may be deemed consistent with the Future Land Use Element. Transportation Element: Evaluation for this petition considered the requirement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) and was found consistent with Policy 5.1. The consistency finding provides a statement to the project, that when developed will not excessively increase traffic congestion. PUDA-05-AR-8745, Carlisle Regency RPUD 4 Agenda Item No, 178 May 9, 2006 Page 9 of 74 Aerial of Carlisle Regency Planned Unit Development - ' f u\..:. \.&o~~.L .... ,-:"n,:.,.~,U;~ ~,...~'i.i~_ ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based, These criteria are specifically noted in Section 10.02.13 of the Land Development Code (LDC) and required staff evaluation and comment The Planning Commission to the Board of County Commissioners (BCC) also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). PUDA-05-AR-8745, Carlisle Regency RPUD 5 Agenda Item No. 17B May 9,2006 Page 10 of 74 Environmental Analvsis: Environmental Services staff has reviewed the petition and has recommended approval given that the amendment is a minor change and the parcel was previously platted and cleared. The Environmental Advisory Council did not hear this petition seeing as the site was previously disturbed land. For this reason a waiver of the EIS requirements was granted. Transportation Analysis: Transportation Department staff has reviewed the petition and they recommended approval. The Development Commitments set forth all proposed median opening locations shall be in accordance with the County Access Management Policy and the LOG All required improvements are in place and available to the public. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an association created by the developer. Utility Issues: The Utilities Department staff has reviewed and approved the petition. The Developer Comments in the PUD Document require the Developer to meet all applicable County Ordinances in effect at the time of final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the LDC. Zoning and Land Development Review Analysis: The proposed amendment to the PUD Document will not adversely impact any adopted level of service standard. This amendment only allows for the interior of the principle structure be built as two-stories instead of the permitted single-story home, The approved height of 35 feet is more then adequate to accommodate the additional story. This amendment will not adversely impact the development strategy for the Carlisle Regency PUD or impinge on the current approved residential properties adjacent to the subject PUD. With respect to the matter of compatibility with adjacent properties, the parcels to the north are Emerald Lakes PUD (Ord, 91-99) which allows 525 residential units at a gross density of 3.54 units per acre and Buckley Mixed-Use PUD (Ord. 05-05) which permits a gross density of 9.85 units per acre. The parcel to the south is Bear Creek PUD (91-14) and allows 120 residential units at a gross density of 3.54 units per acre. The cast parcel is zoned Agriculture but has the potential to be rezoned to the maximum density of three (3) dwelling units per acre. Immediately east of that PUD is Airport-Pulling Road and adjacent to the Right-of-Way is Longview Center PUD (Ord. 03-41) which has a permitted gross density of 4 units per acres. The west parcel is Cay Lagoon (Ord. 91-9) and has 32 multi-family units at a gross density of 5.45 per acre. The Zoning and Land Development Review analysis applies specifically for current and future land use planning and refers to the relationship of the PUD to the surrounding properties. The PUD provides for a maximum of 35 dwelling units which results in a gross density of 2.99 units per acre, less than the maximum of 3 dwelling units per acre indicated by the Density Rating System established by the Growth Management Plan (GMP). The densities of the surrounding parcels are greater than the subject PUD. The RSF-l parcels PUDA-05-AR-8745, Carlisle Regency RPUD 6 Agenda Item No, 178 May 9, 2006 Page11 of 74 further west have a density of one (I) dwelling unit per acre but are eligible to request a rezone of up to 3 dwelling units per acre, subject to the provisions of the density rating system, The permitted building height of 35 feet is c~mpatible with the building heights of adjacent parcels. Staff analysis indicated that the proposed PUD Amendment is compatible with the surrounding area and is consistent with the FLUE of the GMP. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant held the required NIM on March 16,2006 at 5:30 p.m. at the Italian-American Club, Naples, Florida. Approximately 15 people attended, as well as the applicant's team and county staff. There were no objections to the amendment stated. Several comments were made concerning increased traffic impacts to Yarbeny Lane. Melissa Zone, staff coordinating planner, promised to relay those concerns to Transportation Department staffplanners. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-2005-AR-8745 that amends Ordinance Number 03-66 as described by the Ordinance of Adoption to the BCe. PUDA-05-AR-8745, Carlisle Regency RPUD 7 Agenda Item No, 178 May 9, 2006 Page 12 of 74 PREPARED BY: ,.,. , '7 '.' I r. L,,-_ ~ ,o!' ~~~_'" MELlSSA ZONE. PR i AL PLANNER DEPARTMENT OFZONlNG AND LAND DEVELOPMENT REVIEW ;-~J /$ k)v~ DAT~ I REVIKWED BY: :("}..\, , , .Y..,. t, . . ' 'oj ,jl(n'''V'-'l(( oJ I, \.J{ (U(<.d .. ,J(( '-l < ;-:., I-it\ i~J-'d2 (E; IIi. STVOdVT- S'TlfLL' IU G U ASSIST ANT COUNTY ATTORNEY /r',) j/:' / J / 't;'11,.f' //1-- RA Y BELLOWS. ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW I I ..,., '1/ L:(.. DATE 'if- .. ~",,~ ('_ j' i' ~ ,.-,}...' j' DATE ~!,-..I~)j ~ /')'-~)- h.....<./\... .........L.,C.....^J SYSAN MURRA Y. AlCP. DIRECTOR ( DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW / :-1 Ii i I......, . ;,., i V L, DATE APPROVED BY: ,/ 'I'" , /---/// ./ ~--.::7'/ 'r ,.....,_-c...-,.......~:.,,'-._Jr'~.';.:,...,.4....?~-"''''''..../ I ;' ~/ 7 /"::~~:~~ jO~EPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENT AL SERVICES DIVISION DATE Tentatively scheduled for the May 9. 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK STRAIN. CHAIRMAN PUDA-05-AR-8745. Carlisle Regency RPUD 8 Agenda Item No, 17B May 9, 2006 Page 13 of 74 REZONE FINDINGS PETITION PUDZ-2005-AR-8745 Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: . 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements ofthe Growth Management Plan. The subject property is located within the Urban Designation, Urban Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. 2. The existing land use pattern. The surrounding development is single-family and multi-family residential. North: Existing single-family and multi-family residential units and commercial zoned PUD. South: Existing multi-family residential units zoned PUD. East: Existing single-family residential units and commercial zoned PUD. West: Existing multi-family residential units zoned PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Carlisle Regency PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with current land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the pun doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD, Exhibit A PUDA-05-AR-8745. Carlisle Regency RPUD 9 Agenda Item No, 178 May 9, 2006 Page 14 of 74 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner believes that changing market conditions favor the development of a two-story home. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The parcel is adjacent to eXIstmg residential land uses therefore; the PUD Amendment will not adversely affect living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Analysis by the Transportation Services Division has taken into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards of the zoning district in which they are located. These development standards are designed at a minimum to maintain light and air circulation to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. An appraisal of estimated future property values resulting from a PUD Amendment was not required to be submitted. However, this site is adjacent to other residential uses and an adverse outcome on property values is not anticipated. PUDA-05-AR-8745, Carlisle Regency RPUD 10 Agenda Item No, 178 May 9, 2006 Page 15 of 74 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The LDC requires all property to be developed in accordance with existing regulations and therefore the proposed change will not be a deterrent to the adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The Comprehensive Planning staff has determined the proposed amendment to the PUD complies with the GMP. For that reason, the proposed PUD Amendment does not constitute a grant of special privilege. 13. \Vhether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment does not seek to alter the current uses or development standards. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adeqnate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the Carlisle Regency PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and is consistent with all County codes. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Site conditions should not restrict the proposed use of the subject property because the overall site design currently exists for the PUD. PUDA-05-AR-8745, Carlisle Regency RPUD II Agenda Item No. 17B May 9, 2006 Page 16 of 74 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and has found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. During the Site Development Plan or Plat review process staff will ensure that all Levels of Service for public facilities in the area will be in compliance. PUDA-05-AR-8745, Carlisle Regency RPUD 12 Agenda Item No. 17B May 9, 2006 Page 17 of 74 FINDINGS FOR pun PUDZ-2005-AR-8745 Section 10.02.12 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The pun was found suitable for the type and pattern of development for the subject property. Utilities are available ,. to the site and detailed drainage calculations will be reviewed at the time of SDP or Plat. Traffic and access issues were resolved with the Transportation Services Division, The physical characteristics of the land may limit the location of structures, but not the ability to construct them. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The Carlisle Regency PUD has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the PUD is compatible, both internally and externally and the development standards and commitments contained within the PUD document will ensure that the PUD will not negatively impact the surrounding developed and undeveloped neighboring properties. Exhibit B PUDA-05-AR-8745, Carlisle Regency RPUD 13 Agenda Item No, 178 May 9, 2006 Page 18 of 74 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by the PUD Document is consistent with the provisions of the Land Development Code. .. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Given the fact that the PUD's infrastructure is currently under development, the timing or sequence of development with regards to concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. The necessary infrastructure is in place to accommodate the requested action. 8. Conformity with pun regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD document conforms to PUD regulations or requests deviations that staff analysis finds justified. PUDA-05-AR-8745, Carlisle Regency RPUD 14 ... , , COLLIER COUNTY GOVERNMENT -J)EPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) 2800 NORTH HORS~&I3D1UVe-Jo_ 178 NAPLES, FLORIDA 34104 May 9, 2006 (239)403-2400 FAX (23~ga~_~g874 .. _ r ,,_~ _ ~ . . _ .... _ . _ ~ . ~~ ~~ ~" _ _ ' , 1"'- , ,;J~ ~ - t'J}~:: - __ - __ "-----_L~~ ___ ______ _~ __ _ ~ _~ __~ ~ ~~_ _ ____ -'-"______ _ __--'--'-- PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [PUDA-200S-AR-8745 PROJECT #2004070046 DATE: 12/9/05 MELISSA ZONE J Above to be completed by staff "~-" -~, '-',. -.. - ," ~ -- ,',,~, ..:" ~'", - - ". - "--..-. _. --- -':-"~:::-, J 4 "', ~ A _ _ ~ . ., _ '. . ~_.. APPLlCANT(S) IL REGALO DEVELOPMENT 'ADDRESS _809 WALKERBILT ROAD #6 CITY ,..NAPLES ST A TE_Fl ZII' ..;..34110 TELEPHONE #_239 597 1316 CELL # _239 825 9346_FAX # _239 5978761 E-MAIL ADDRESS:_CURTlS@IMPERIALHOMESSWFLA.COM Is the applicant the owner of the subject property? )Q Yes ONo o (0) If applicant is a land trust, so indicate and name beneficiaries below. xO (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. - CURTIS GUNTHER - DON GUNTHER . CARLOS BAYER o (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. o (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. o (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. o (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, aHach on separate page.) ), Agenda Item No. 17B May 9,2006 Page 20 of 74 ~ NAME OF AGENT _TERRY KEPPLE ADDRESS _3806 EXCHANGE AVE. , CITY...:-NAPLES ST A TE_FL ZIP _34104 TELEPHONE #_239403 17$0_FAX # _239 403 17St E-MAIL ADDRESS: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULA. TIONS. -=:~~,:,~'~~~~=.:=~,~'-O ~~~I: ~~:. ~:~:.~/"'~ :"'.-:~~.~~::~,: ~j:~~',_~:;~ PUD ORDINANCE NAME_CR 03-66 PUD NUMBER: _CR 03-66_ Detailed leeal description of the pronertv coveredbv the appUcation: (If space is inadequClt&, attach on separate page.) If request involves change to more than one zoning district, include separClte legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the conect legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. SectionjTownship/Range _2-1_49----1_25_ Lot: Block: Subdivisiom_ll REGAlO Plat Book__43 I.D.#: Page #:_62-63 ' Property Metes & Bounds Description: Size of property: 644 ft. X _795 ft. = Total Sq. Ft. _511,980_ Acres_II j Address/eenerallocation of subject property: _CORNER OF YARBERRY LANE AND ORANGE BLOSSOM DRIVE ... .,. , Agenda Item No, 1 is .ooes the owner of the subject property own property contiguous to the subject property? I~, sgii(fl.)6 complete legal description of entire contiguous property. (If space is inadequate, attach on sep~~iJ,74 NO. .~ t Section/T ownshlp/Ra nge Lot: B'ock: Plat Book Page #: Metes & Bounds Description: I I Subdivision: Property 1.0,#: ~ifE~~~~~~J';'~~i~'!:'~~'?~:'r ;'~~;~~~~:=~Z~~:::Z-~!2';_ TYPE OF AMENDMENT: xO A. o B. PUD Document Language Amendment Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? xD Ves 0 No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? 0 Yes xD No IF SO, IN WHOSE NAME? , PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN xD SOLD and/or 0 DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? xD Yes 0 No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). - CHANGE PRINCIPLE BUILDING STRUCTURE TO TWO STORY - 35' MAX HEIGHT INSTEAD OF SINGLE STORY - 35' MAX HEIGHT. Section 10.03.05.8.3 of the land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public: hearing advertising sign (5) immediately , ..... Agenda Item No. 178 , ..., A pre-application conference is mandatory prior to submitting an application to amend a PUD or any Development Order. The petitioner sholl submit twenty (20) copies plus the original of application form and all supporting information must be submitted with the oppropriate fee to begin processing. Additional copies may be requested depending upon distribution demands. The applicant and/or his designated representatives must be present at all public hearings and meetings relative to this petition. All EXHIBITS AND PLANS SUBMlmD MUST BE FOLDED OR REDUCED TO A SIZE TO FIT IN A LEGAL SIZE FOLDER. OVERSIZED EXHIBITS MAY BE USED AT THE PUBLIC HEARINGS, HOWEVER, THEY WilL BECOME A PERMANENT PART OF THE APPLiCATION~ ' ANY PLANS REFERENCED AS A LEGAL EXHIBIT SHALL BE REDUCED TO 8 V2 X 11' AND MADE A PART OF THE DEVELOPMENT ORDER. INFORMATION REQUIRED: *Electronic version of the PUD on a disk I. NEIGHBORHOOD INFORMATION MEETING (to be submitted after the first review comments are completed) A. Copy of Affidavit attesting that all property owners, civic associations, and property owner associations were notified. B. Copy of audio/video recording of public meeting. C. Written account of meeting. II. PUD DOCUMENT LANGUAGE AMENDMENT: A. Application for public hearing: 20 copies B. Detailed description of proposed language amendment(s) and why the amendment(s) is/are necessary: 20 copies. C. Portions of the PUD document clearly depicting the proposed changes by cross- through's and underlines: 20 copies D. PUD document as revised (consolidated version with amendments) Title Poge shall indicate the number of times the document has been revised by appropriate ordinance reference numbers. E. If portion of PUD, furnish legal description which is subject of this petition. F. One (1) copy (8 '12 x 11) Graphic location map of subject location for petition. .~' " . -, III. DO AMENDMENT: Agenda Item No. 178 May 9,2006 Page 23 of 74 A. Application for Public Hearing: 20 copies B. Detailed description of proposed language amendment{s) and why the arnendment(s) is/are necessary: 20 copies C. Portions of the DO document clearly depicting the proposed changes by cross-through's and underlines: 20 copies D. One (1) copy (8 V2 x 11) Graphic location map of subject location for petition. IV. SUPPORTING DOCUMENTATION: A. Depending upon the rnagnitude of the proposed revisions an applicant may be required to supplement a petition for amendrnent with supporting dc>curnentation and studies such as those required for a rezoning (i.e. Environmental Impacts, Traffic Impacts, Water Management Impacts and similar impacts upon the property that would result from the proposed revision, . B. Information wliidl describes the physical and natural conditions of the site. C. 'nformation as required by the land Development Code and the Growth Management Plan. D. Electronic copy of all documents ond pions . PUD Amendment Checklist rev. 1/05/05 / ) , ( } ...,.'''; :r Agenda Item No. 178 May 9, 2006 PUDA-2005-AR-874~ Page 24 of 74 PROJECT #2004070046 DATE: 12/9/05 MELISSA ZONE II., REGALO DEVELOPMENT Date: 22 November 2005 To: Melissa Zone Principal Planner Collier County Location: Comer of Yarberry Lane and Orange Blossom Drive Carlisle Regency PUD (CR 03-66) Amendment Application list of items & other general information. 1. Applicant Owners: CumsGunfuer-Marm~gMember Carlos Bayer - Stock Holder Don Gunther- Stock Holder 2. Owner's A2ent: . Kepple En~eering - Terry Kepple, PE 3806 Exchange Ave. Naples, Florida 34104. 3. Pre-Application Meetin2 Notes and Application for Public Hearin1;!:: 24 Copies Attached 4. Detailed Description of Proposed Lan2ua2e: 20 Copies Attached 5. Portions of the PUD document clearly depictin2 the proposed chan2es: 20 Copies Attached 6. . pun Document as revised Title Pa2e shall indicate # of times document revised: 20 Copies Attached 7. One (1) COpy (8.5 x 11) Graphic Location map ofsubiect location for petition: One (1) copy Attached Other Information included per Pre-Application Meetin2 Minutes: 1. Conceptual Sit~ Plan 24" x 36" - 24 Copies Attached 2. Conceptual Site Plan 8.5" x II" - 24 Copies Attached " l 3. PUD Document and Master Plan plus one 24" x 36" - 24 Copies Attached 4. List of Owners - 2 Copies Attached. 5. Owner Affidavit signed and Notorized - 2 Copies Attached. 6. Covenant of Unified Control- 2 Copies Attached 7. Completed Addressing and Checklist - 2 Copies Attached. 8. Architectural rendering of proposed structure - 4 Copies Attached 9. Survey, signed and sealed - 4 Copies Attached 10. Traffic Impact Statement - 7 Copies Attached 11. Recent Aerial Photograph - 5 Copies Attached 12. . Electronic copy of all documents -1 Included 13. Letter of no objection from United States Postal Service -1 Attached. Agenda Item No, 178 May 9,2006 Page 25 of 74 .' ,::"~,, , ~~.: , , . .J). ~~ ' Agenda Item No, 178 1flV'1 . ,'. ' May 9,2006 " '. Pa.lle 26 of 74 2800 NORTH HORSESHOE DRIVE ' NAPLE~, FLORIQA 34104 (239) 403-2400 FAX (239) 643-6968 PlnOA.-20~AJl-8745 PROJECT #2004070046 DATE: 12/9/05 MELISSA. ZONE , , ,. ~. ~~~. .A. ,_.' . '(:OLLIERCOUNTY GOVERNMENT DEPT, OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET PRE-APPLICATION MEETING NOTES I.. .q,~~{~~~~,~~ Date: //4.,/~~ Time: Projed lam/' -:I:" L I Firm: . 11 e~~Lr9 Applicant Name: . . . . Owner Name: ,{J. t.L/2f-1 ~ ~ ,-~,st(:;ef?-~ , . . Owner Address: Phone: Phone: City State Existing PUD Name and Number ~. ! I ~ lp-" 'j( P j~~t< Assigned Planner.Jt{~.JfS~k Z.ev~ .~~'iij;9::Aff~ij~~~;;i:::\.iitii.itie~~1 '2"g9 ...677'" /_'::/~ ZIP Submittal Requirements (refer to application for additional requirements) 24 Copies of the Following: (0 1 additional set iF located in the Bayshore/Gateway Triangle Redevelopment Area) "'-I i Completed Application ...... Pre-application Meeting Notes f I( - Conceptual Site Plan 24X 36" and One 8 1/2 X' 11" copy n< - PUD document and Master pian plus one 24" x 36" copy of the Master Plan 2 Copies of the Following: ' . ...., I Dee, ds/legals & surv,e, Y (if bound, ary of orl~lnal PUD is amended) ,J I fit "'l list identifying Owner & all parties of corporation ' ~ Owner/Agent Affidavit signed & notarized ,'" Covenant of Unified Control ' ~ lKl Completed Addressing Checklist . . 4 Copies of the following: . 0*, Environmental Impact Statement (EIS) or waiver Dty'AHlstorical Surveyor waiver request 1 Utlllty Provisions Statement w/sketches ~ Architectural rendering of proposed structures ' Architectural Review required ' - , Survey, signed & sealed -~ NL ~ ~ Seven (7) Traffic Impact Statement (TIS) or waiver Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' One (1) Electronic copy of all documents in Word format and plans (CORam or Diskette) One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435-2122. Fees: Application Fee: o $10,000 (PUDRezone) + $25 per acre (or fraction thereof) o $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ~ $6,000 (PUD Amendment) + $25 per acre (or fraction thereof) Agenda Item No, 178 May 9, 2006 ' Page 27 of 74 " r"~ ~.\;. j:gJ ~, 1KI ~ $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and anew pre-application meeting will be required. ~ ,/ $729.00 legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily . ~~. ' !8J 1/ $363.00 legal Advertising Fee for BeC meeting o . $2500.00 Environmental Impact Statement review fee o Property Owner Notification fees. Property Owner Notifications $1.00 Non-certifiec/; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) $1 50.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review Fee Total, $ I: ...' .,,:.'.'::.,,.'<:':'.... '363 . tJ10 Co'" ~.~v {~\ ,.; '2.2 1"0 / <)U ,/ 6cru-otl' 2..r;~.SD=I(. T .k't.r l12 {4.'SV - '5 ~ {'-t. 3D 'S"f en::> ."... :.. ~ . :;.::.;,.....~.\lfU.fi:ff\.'...-.:...'....~:.::;.,,' . ........h..:. " }:~".:.,.:', '.~. :I G:\Current\Pre-App forms\PUD pre-app,doc Revised October 11, 2005 cn<.o'<t -0 r-- , 4- o -co LJ)N E~~ Q)~ro == 0.. ro "t:l c Q) 0> <{ , " ~~.':"it .. '~ Agenda Item No. 1m May 9, 2006 Page 29 of 74 PUD AMENDMENT - CARLISLE REGENCY CR 03-66 LISTING OF CORPORATE OWNERS / STOCKHOLDERS Curtis Gunther - Managing Member Don Gunther Carlos Bayer PUDA_200S-AR-8745 PROJECT #2004070046 DATE: 12/9/05 MELISSA ZONE t- t<UM : FAX NO. : Nov. ------.------ <(/, ", ADDRESSn'NG CHECKLI:ST ' Please,complete the foUQwingAND FAX (2J,9.6S9..5~14) OR SU.8MITIN PERSON TO TIlE, " .' " ADDR.ESSING SEL7JON. FORM MUST BE SIGNl-D B J'ADDkESSING PERSONNEL PRIOR TO PRE- . APPLICA TION MEET/JiIG, Nut all items Win apply t() every project Ilems in bold type are required. , . . " L Leaal deserlptioD Clfsubjeci property or prOp,crties (copy of Je1)glhy deSCfiplicm may be aIlQt;ned) ~_Carli&leRegency PUD, Ar3906.0rd #03.66 ... :t'L K~o....\o ',-=r<1:l-Co 4 A. , z..... t.rg _"Z..-S .", '. , ' , ' , ' ' '. ' .. ,- 2. FuHo (Property ID)number(l) of above (allachto. or aSloclaJ.e Wrlh, l~~a/ deSc.Tiption urrwra than one) _51170000028 ., ' ' 3, S;i addIess ~r addresses (liS tlppIJcab/e, ifalready assigned) ~ Orange Blossom &: Yarbetty , --- 4. i..()eationmap. show1ng exact loe~on ofprojectlsite in n:latiQn to nwestptiblic road right-of.Wf~Y (attac:fz), 5, Copy of s\1ivey (NEEDED ONLY FOR UNPLA TttD PROPERTIES) , 6. ProVO$Cc1'projec:l,name (lfcwplicable)' ' 7. Proposed Sf1cetnames ar appltcable) . --; ,8. Site Development Plan Number (FOR EXfSTrNO PROJECTS/SITES ONt Y) SDP'~ ' , ",', 9. Petitinn Type - (Complete a separate Addressing Checklist for each PeLition Type) , ' o ' SDP (Site Development .Plan) , 8 SDP A (SDP Amendment) , SDPl (SDP Insubll"tmltial Change) o SIP (Site Improvement Plan) , o SlPl (SIPI Insubstantial Change) o SNR (S~t Name Charige) , o VegetationlExotic (Veg. R..e.m.ova.l Pentiits)' [81 Land Use Petition (Variance. Conditional Use, ' Boat Dock Ext.. Re?..one, PUD rezone, etc,) o Other ~Describc: , PUD amendment , 8 PPI~' (Plans & Plat Review) pst> (Preliminary Subdivision Plat) , 0 FP (Final Plat) ,0 LLA (Lot Line Adjustmen~) , o Bt (Blasting Permit) o ROW (Right~f. Way Permit) o EX? (Excavation Permit) '. ' o VRSFP (Veg. Ren10val & Site Pill Pernlil) o TDR (Transfer of Development Rights) 10. Project or development names proposed for. or already appeBring in, C<lndominiUm docum~nts (if 'applicahle;.indieatc whether proposed or existing) --.subdivi9ioo- n Regalo ,," , " 11. Please Check One: 0 Checklist is to .he Faxed' Back IDcrsona1l)' Picked Up , , ' -, 12. AppJieaDt Name _T01T8IJ.cc Kepple Phone __336-982-9439 Fax 13. Signature ~ Addressing Ch~klist do~ not constitute Projecland/Ol' Street Name approvall111d is subjec.t to ' further reV1ew by the Addressmg Section.. PUDA 2005 ' ~ -AR~8745 PROJECT #2004070046 DATE: 12/9/05 MELISSA ZONE FOR ST AFF USE ONLY Primary-NuUlbl;f ~o-, Address NWTiber ~ S 1..+$ J Address Number Address Number Approved by' ....~;...8 (fUr? f2.n1 DntcL I '-I ~-o ~ Agenda Item No. 178 May 9, 2006 Page 31 of 74 CARLISLE REGENCY A RESIDENTIAL PLANNED UNIT DEVELOPMENT Prepared for: II Regalo Development, LLe 809 Walkerbilt Road Suite No.6 Naples, Florida 34110 Prepared by: Kepple Engineering, Inc 3806 Exchange A venue Naples, FL 34104 Date Filed Date Revised bate Reviewed by cepe Date Approved by Bee 12-16-03 Ordinance Number 2003-66 EXHIBIT "A" Table of Contents Page Table of Contents I List of Exhibits Statement of Compliance Section I Property Ownership and Description Section II Project Development Requirements Section III Residential Areas Plan Section IV Development Commitments I Agenda Item No. 17B May 9, 2006 Page 32 of 74 II I 2 4 6 10 Agenda Item No. 17B May 9, 2006 Page 33 of 74 List of Exhibits PUD Master Plan PUD Water Management Plan Exhibit "A" Exhibit "B" II Agenda Item No, 178 May 9, 2006 Page 34 of 74 STATEMENT OF COMPLIANCE The development of approximately 11.7+/-acres of property in Collier County, as a Residential Planned Unit Development to be known as the Carlisle Regency RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Carlisle Regency RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons. 1. The location of the subject property in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 G of the FLUE. 5. The project development is planned to protect the functioning of natural drainage features and natural ground water aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict. The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density Traffic Congestion Area Maximum Permitted Density 4 dwelling units/acre -1 dwelling unit/acre 3 dwelling units/acre 7. All final local development orders for this project are subject to the Adequate Public Facilities requirements of the LDC. 1 Agenda Item No. 178 May 9,2006 Page 35 of 74 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Carlisle Regency RPUD, 1.2 LEGAL DESCRIPTION The subject property being 11.7 +/- acres, is located in Section 2, Township 49 South, Range 25 East, and is fully described as: SE 1/4 ofNW 1/4 ofSE 1/4, See 2, Twp 49, Range 25 E less W 30 feet for R/W 1.3 PROPERTY OWNERSHIP The subject property is owned by: II Regalo Development, LLC. 809 WalkerbiIt Road # 6 Naples, FL 34110 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the South side of Orange Blossom Dr. immediately east of Yarberry Lane. R The project site is currently zoned RSF-l and is proposed to be rezoned to RPUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Airport Rd. Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Airport Road canal via the Yarberry Lane swale. The peak discharge rate from the design storm will be limited to 0.06 cubic feet per second/acre per applicable County ordinances. Natural ground elevation is approximately 10.0 feet NGVD'. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. 2 Agenda Item No. 17B May 9, 2006 Page 36 of 74 The water management system for the project proposed the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle Regency RPUD water management system and Airport Road canal. The water management system will be permitted by Collier County in accordance with the South Florida Water Management District (SFWMD) requirements. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.06 cfs/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, the soil type found within the limits of the property is #2 -Holopaw Fine Sand. The site was used as a farm many years ago and the vegetation consists primarily of exotic vegetation with some minimal second growth Slash Pine and Cabbage Palm. 1.6 PROJECT DESCRIPTION The Carlisle Regency RPUD is an age restricted residential project composed of a maximum of 35 residential units. These residential units are projected to be developed as detached single-family homes or two-family dwellings. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using cornmon architecture, quality screening/buffering and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carlisle Regency Residential Planned Unit Development Ordinance". 3 Agenda Item No, 178 May 9, 2006 Page 37 of 74 SECTION I1 PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carlisle Regency RPUD shall be in accordance with the contents of this document, PUD -Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to, final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide development standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carlisle Regency RPUD shall become part of the regulations which govern the manner in which the RPUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this RPUD Document shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.01.01 Adequate Public Facilities of the Collier County LDC at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of35 dwelling units shall be constructed in the residential areas of the project. The gross project area is 11.7 +/- acres. The gross density shall be a maximum of 2.99 units per acre. 4 Agenda Item No, 178 May 9, 2006 Page 38 of 74 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "At!, the RPUD Master Plan, which constitutes the required RPUD Development Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan of the LDC, and the platting laws of the State of Florida. B. The Site Development Plans provisions of the LOC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in the LDC prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedication to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by the LOC. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of the LDC. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Code of Laws and Ordinances and the LDC, whereby off-site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of the Code of Laws and Ordinances and the LOC shall apply. 5 Agenda Item No, 178 May 9, 2006 Page 39 of 74 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit tI A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum nurnber of residential dwelling units within the RPUD shall be 35 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: L Single family dwellings (includes zero-lot line). 2. Two family dwellings and duplexes. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, walking paths, picnic areas, recreation buildings, verandas, and shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units, (Sec. 2.5, as applicable). 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including those within any natural habitat areas. 6 Agenda Item No, 178 May 9, 2006 Page 40 of 74 7. Recreational facilities, such as boardwalks, walking paths and picnic areas within any natural habitat areas. 8. Supplemental landscape planting within natural habitat areas. 9. Any other accessory use deemed comparable by the Community Development and Environmental Services Administrator. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carlisle Regency RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. A minimum distance of twenty-three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk, 2. If the parcel is served by a non platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. A minimum distance of twenty-three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk. B._ Off Street Parkin!! and Loadin!! Reauirements: As required by the LDC in effect at the time of building permit application. 7 Agenda Item No, 178 May 9,2006 Page 41 of 74 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width SINGLE FAMILY 6,000 Sq. Ft. TWO FAMILY 5,000 Sq. Ft. 50' Interior Lots (1) 60' Corner Lots 90' Interior Lot (l) (45') (2) 110' Comer Lots (55') (2) 20' 23' 20' 0' & 12' or both 6' Front Yard Setback Garage (front access) Garage (side access) Side Yard Setback Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback Distance Between Principal Structures: Distance Between Accessory Structure: Maximum Height; Principal Building story Accessory Building Minimum Floor Area Minimum carport or garage per unit (I) Lot width may be calculated per LDC for cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an individually platted lot (3) In no instance shall a building or aGcessory building encroach into a required landscape buffer. (4) 2 Story Two-family structures must maintain a minimum 6 foot Side Yard Setback to the property line on both sides. NOTE: Common area pool, clubhouse or recreational amenities setback (all yards): 20 feet 8 20' 23' 20' 0' & 12' or both 6' 20' 10' 20' 10' NA NA 20' 10' NA NA 20' 10' 10' 10' 2 story with a maximum of35' 2 story with a maximum of35' 20'/Clubhouse 35' 1200 Sq. Ft. 1 car garage 20'/Clubhouse 35' 1100 Sq. Ft. 1 car garage Agenda Item No. 17B May 9,2006 Page 42 of 74 c. Open SpacelNatural Habitat Preserve Area Reauirements 1. A minimum of sixty (60) percent open space, as described in the LDC, shall be provided on-site. 2. A minimum of twenty five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in the LDC. D. Landscaping and Buffering Reauirements: 1. Landscape requirements shall be in accordance with the LDC at time of permitting. 2. Preservation of existing vegetation on the perimeter of the project will constitute the required landscape buffering, if the existing vegetation meets or exceeds the minimum requirement. E. Architectural Standards 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light, subdued colors with stucco except for decorative trim. 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet. F. Signs Signs shall be permitted as described by the LDC. 9 Agenda Item No, 178 May 9,2006 Page 43 of 74 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4._ GENERAL All facilities shall be constructed in strict accordance with fmal site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this RPUD in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. These developer commitments will be enforced through the provisions agreed to and included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors and assigns, regardless of turnover or not to any property owners' association. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations ofthis RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 4.3 PUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 10 Agenda Item No. 178 May 9, 2006 Page 44 of 74 4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT A. A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in two (2) or (3) three phases. B. The landowners shall proceed and be governed according to the time limits set forth in the LDC. C. Monitoring Report: An annual RPUD monitoring report shall be submitted pursuant to the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.5 ENGINEERING A. This project shall be required to meet all applicable County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the LDC. 4.6 WATER MANAGEMENT A. The water management system shall be permitted by Collier County in accordance with SFWMD requirements. B. An Excavation Permit will be required for all lakes in accordance with the LDC and SFWMD rules. C. Lake setbacks from the perimeter of the RPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES A. Central water distribution shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water facilities constructed on private property and not required by the County to be located within County Utility Easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the water facilities within the project the facilities shall be tested and inspected to insure they meet County, State and Federal requirements at which time they shall be conveyed to the Collier County Water/Sewer District, when required by the Public works Divisions, Water Department, prior to being put into service. 11 Agenda Item No. 178 May 9, 2006 Page 45 of 74 B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution system shall be reviewed and approved by the Engineering Review Services Department prior to commencement of construction. C. The tie-in to the County Regional Water system shall be made to the existing water main on Orange Blossom Drive. Main sizing on the site shall be determined by the LDC. Potable water for fire-flows shall be of sufficient quantity, as determined by the North Naples Fire Control District, for the purpose of fire fighting at the furthest point from the proposed tie-in. D. Utility-stubs for future system interconnections with adjacent properties shall be provided as determined by the Public Works Division and the developer during the design phase of the project. 4.8 SEWER A. Sewage collection system shall be constructed throughout the project by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposed pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the sewer facilities within the project, the facilities shall be tested and inspected to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Development Services, Engineering Review Section, prior to placing any utility facilities, County owned or privately owned, into service Upon completion of the sewer facilities and prior to issuance of certificates of occupancy for structures within the project, the utility facilities shall be conveyed to the County, when required by Public Works, pursuant to County ordinances and regulations in effect at the time conveyance is requested. B. All construction and technical specifications and proposed plats, if applicable, for the proposed sewage collection system shall be reviewed and approved by the Engineering Review Department prior to commencement of construction. 12 Agenda Item No, 178 May 9, 2006 Page 46 of 74 4.9 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). c. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with the applicable County Impact Fee Ordinance and the LDC, as amended. E. All work within Collier County rights-of-way or public easements shall require a right- of-way permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence ofa point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or aSSIgnee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. 13 Agenda Item No. 178 May 9, 2006 Page 47 of 74 J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Adjacent developments have been designed to provide shared access or interconnections with this development. The RPUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. L. Prior to issuance of the first CO, the developer shall improve Yarberry Lane to a width of24 feet of paved right-of-way from Orange Blossom Drive to the entrance of the Carlisle Regency RPUD. From the entrance of the Carlisle Regency RPUD to the south property line, the developer shall taper the width of the paving to align with the existing paved right-of-way. 4.10 PLANNING A. Pursuant to the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Code Enforcement Department shall be contacted. 4.11 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Department Staff. B. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Review Staff, C. An exotic vegetation removal monitoring and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Department Review Staff for review and approval prior to fmal site development plan/construction plan approval. D. Existing native vegetation shall be preserved in accordance with the LDC requirements. 14 _.,...........,._...~ , co co '7 t>-Q r-- . .- ......~ o CO L- -J) ~ ,... >. Q) croo> 2~ro - 0.. ro "t:l c Q) 0> <( ExhIbit "A" a. It ii: 'j.. .. ,_-1 __ liT T J 1 r .Ll. .. rTj ;1'901 uo lU~llil~ ~ ~ i L L 1 " -<luno;J oX] .. rT . . J-I Jill. J. '-,-- . u r: 0 r: ~ ~ b ~ r: .. ::I .. 0 " (.) () is ~ '- :::l . c: Q. " -0 . '. r: " 0 ,10 0: -' II.. t!JI ! E f 'c11 ~ ~. ~ 11110 J ,_-. . . l! .. J :!s ! ~ t dJ.~ II.. hlo .IIJJIII 3.1 II 'II III III ~ '11' - .-r_ _ --u c:::::: =-= I ~ I Go oI~ ~ Z j_ 'J J! j ~n 11 '- tUm 0 8 ..J ..... ~. .~ ,..-..-.....,..... .., ". . ".:-: '~.".......... .":".. "."'l. .: ~... --~~"1",".':I-:.~... . - :.... . .'.\~ '. ' , ::=:=:> Agenda Item No, 178 May 9, 2006 Page 49 of 74 ... i C!: o :::I c: a -.;0 1f ~ n.._- - _ 6lI'''. ~ ..:.......: (" f Ex. County Retention Lake ~ -..8..-J.lSIHX3- Agenda Item No. 17B May 9, 2006 Page 50 of 74 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 copy of: ORDINANCE NO. 2003-66 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day Of December, 2003. ,tt*-@-I3U-.. DWIGHT E. BR,~f$" 'c, Clerk of C&k@$%nd.n---&k -.....+....,< ;".1$ By: Linda & ..........S@pSaS.....,--...... Deputy clesrkb ... Agenda Item No, 178 May 9, 2006 Page 51 of 74 ORDINANCE NO. 06-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR TIlE UNlNCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO RPUD TO BE KNOWN AS THE CARLISLE REGENCY RPUD FOR TIlE LIMITED PURPOSE OF AMENDING TABLE 1, RESIDENTAL DEVELOPMENT STANDARDS TO CHANGE TIlE MAXIMUM HEIGHT FROM ONE STORY TO TWO STORIES NOT TO EXCEED TIIIRTY-FIVE FEET, AND TO MAKE MINOR CHANGES TO THE ORDINANCE FOR PROPERTY LOCATED ON TIlE SOUTH SIDE OF ORANGE BLOSSOM DRIVE, IMMEDIATELY EAST OF YARBERRY LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.7 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-66; AND BY PROVIDING AN EFFECTNE DATE. WHEREAS, Curtis Gunther of n Regalo Development, LLC, petitioned the Board of County Commissioners, in Petition Number PUDA- 2005-AR-8745, to change the development standards and to revise the ownership of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "RPUD" Residential Planned Unit Development in accordance with the additions and deletions to the Carlisle Regency PUD as reflected in RPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 03-66, known as the Carlisle Regency PUD, adopted on December 16, 2003, by the Board of County Commissioners of Collier County Florida, together with any amendments thereto, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Carlisle Regency RPUD Document attached hereto, as Words sBuek ~ugl! are deleted; words underlined are added. Page I of2 Agenda Item No. 17B May 9,2006 Page 52 of 74 Exhibit "A", All other provisions of Ordinance Number 03-66 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this day of .2006. ArrEST: DWIGHT E, BROCK., CLERK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK. HALAS, CHAIRMAN Deputy Clerk Approved as to form and legal sufficiency PUDA,2005-AR-874SIMZlsp Words sk:1iok lBr. are deleted; words pnderlined are added. Page 2 of2 ~ I i ~ <( ~ a.. ~ <C ! ~ ~ ! i w ~ ,. ill ; ! f- - (j) :Nfl AlIl!3II>l>'A ~ ~i I ! ~ ii> 1/ ~ .. >-~ ~ c D < 1/ C C r < :m:lS OJ. .!ON / I- e - J C 'It I OWfaYlOll....." ~ ( ~ ~ ~ ~ I- 6l; ~I I~ ~ I~., ~:! ~ l- I 1iI ~; ~ i~ ~" u !~ ~i~ !li~ c ~ J l!l 1 fll-iU.v.1.ll:&.LHl a.. I~ Ii .. ~ I <C ,. ~g ~ CM:llI~W1 Z 0 ~i - ;Ii '" ~i f- ~ N i <C () I 0 i( ~! i ...J i B I l:! V) ~"V':lJ .. I~I - I~ b'tvn) 1MU. lPN'ItW'~ ~~ C~..'rf1) 1MlL 1I'Mt'IY.L 1VlMl (It 'lI'O) <lYO>l 0Nf11I1d-_ Agenda Item No, 178 May 9, 2006 Page 54 of 74 CARLISLE REGENCY A RESIDENTIAL PLANNED UNIT DEVELOPMENT Prepared for: Stewan Marcus 3225 Aviation A venue, Suite 700 Miami. Florida 33133 Prepared by: Kepple Engineering. Inc. 3806 Exchange A venue Naples, FL .34104 Iiate Filed Dat~ Revised Date Reviewed oy cePe Date Approved by Bee ," - /{fj-01!, Ordinance Number .:J.. DO .3 - "b EXHIBIT "A" Table of Contents Table of Contents List of Exhibits Statement of Compliance Section I Property Ownership and Description Section n Project Development Requirements Section ill Residential Areas Plan Section IV Development Commitments I Agenda Item No. 17B May 9, 2006 Page 55 of 74 Page I II 1 2 4 6 11 PUD Master Plan pun Water Management Plan List of Exhibits n Agenda Item No. 17B May 9, 2006 Page 56 of 74 Exhibit" A" Exhibit "B't Agenda Item No. 178 May 9, 2006 Page 57 of 74 STATEMENT OF COMPLIANCE The development of approximately 11.7 +/- acres of property in Collier County, as a Residential Planned Unit Development to be known as the Carlisle Regency PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Carlisle Regency PUD will be consistent with the growth policies, land development regulations. and applicable comprehensive planning objectives for the following reasons. 1. The location of the subject property in relation to existing or proposed community facilities and services penn its the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1G of the FLUE. 5. The project development is planned to protect the functioning of natural drainage features and natural ground water aquifer recharge areas as described in Obj ective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6. The project is located within the Urban Mixed Use District, Urban Residentaial Subdistrict. The projected density or"2.99 dwelling units per acre (35 units) is in compliance with the FLUE of the GMP based on the following relationships to requir~d criteria: Base Density Tra;fic Conljestion Area MilXI'1lUm Permitted Density 4 dwelling units/acre - I dwelline unit/acre 3 dwelling units/acre 7. All fin.illocal development orders for this project are subject te, Uivision 3.15, Adequar:: Public Facilities, of the Collier County LDC. Agenda Item No, 178 May 9, 2006 Page 58 of 74 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Carlisle Regency PUD. 1.2 LEGAL DESCRIPTION The subject property being 11.7 +/- acres, is located in Section 2, Township 49 South, Range 25 East, and is fully described as: SE ~ ofNW Y4 of SE ~, See 2, Twp 49, Rng 25 E less W 30 feet for RJW 1.3 PROPERTY OWNERSHIP The subject property is owned by: Stewart Marcus, Trustee 3225 Aviation Ave. Ste 700 Miami, FL 33133 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the South side of Orange Blossom Dr. immediately east of Yarberry Lane. B. The project site is currently zoned RS:<'-l and is proposed to be rezoned to PUD. I.S PHYSICAL DESCRIPTION The project site is located within the Airport Rd. Drainage Basin according to the Collier County Drainage Atlas. The propose(~ ':Jutfall for the project is the Airport Road canal, via the Carlisle Regency PUD det mtion system. The peak discharge rate from the design storm will be limited to 0.06 cubic feet per second/acre per Collier County Ordinance No. 90-10. Natural ground elevation is approximately 10.0 feet NGVD. The entire site is located within FEMA Flood Zone "XU with no base flood elevation specified. 2 Agenda Item No. 178 May 9, 2006 Page 59 of 74 The water management system for the project proposed the construction of ~ perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle Regency POD water management system and Airpon Road canal. The water management system will be permitted by Collier County in accordance with the South Florida Water Management District (SFWMD) requirements. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm. attenuation with a peak discharge rate of 0.06 cfs/acre~ minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. The site was used as a farm many years ago and the vegetation consists primarily of exotic vegetation with some minimal second growth Slash Pine and Cabbage Palm. 1.6 PROJECT DESCRIPTION The Carlisle Regency PUD is an age-restricted residential project composed of a maximum of 35 residential units. These residential units are projected to be developed as: detached single-family homes or two-family dwellings. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screeninglbuffering and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known l1lld cited as the "Carlisle Regency Residential Planned Unit Development Ordinance". 3 Agenda Item No, 176 May 9,2006 Page 60 of 74 SECTION n PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relati.onships. 2.2 GENERAL A. Regulations for development of the Carlisle Regency PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide development standards, then the provisions of the most similar district in the LDe shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County WC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carlisle Regency PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separatr provision provided for in this PUD Document, shall remrin in full force and effec.. E. Devdopment permitted by the approval of this petition willl;e subject to a conCUI""er,cy review under the provisions of Division 3.15 .Adquate Public Faciliti'Js of the Collier County LDC at the earliest, or next, to OCC\lr of either final site devl: ~opment plan approval. final plat approval, or building pt~:1nit issuance applicable.: to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND ~ A maximum of 35 dwelling units shall be constructed in the residential areas of the project. The gross project area is 11.7 +/- acres. The gross density shall be a 4 Agenda Item No, 178 May 9, 2006 Page 61 of 74 maximum of2.99 units per acre. 2.4 RELA TED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically' on Exhibit " A", the PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the LDC, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the LDC, when applicable, shall apply to the development of all platted. tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedication to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 ofthe Collier County LDC. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the LDC. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water IIlanagernent facilities or to othernrise develop water bodltS is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. .\. Excavation activities shall comply with the defin,~iC":1 of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, \.'l'ereby off-site removal shall be limited to 10 percent of the total volume excav,cued but not to exceed :':0,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 5 Agenda Item No. 178 May 9,2006 Page 62 of 74 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM D\VELLING UNITS The maximum number of residential dwelling units within the PUD shall be 35 units. 3.3 PERMITTED USES No building, structure or part thereof: shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Princioal Uses and StnJctures: 1. Single family dwellings (includes zero-lot line). 2. Two family dwellings and duplexes. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, walking 'paths, picnic areas, recreat'on buildings, verandas, and shuffle board courts. 3. Manager's residences and c/lices, temporary sales trailers, and model units, (See, 2.5, as applicahle;. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including those within any natural habitat areas. 6 Agenda Item No. 178 May 9, 2006 Page 63 of 74 7. Recreational facilities, such as boardwalks; walking paths and picni<; areas within any natural habitat areas. 8. Supplemental landscape planting within natural habitat areas. 9. Any other accessory use deemed comparable by the Community Development and Envirorunental Services Administrator. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carlisle Regency PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. A minimum distance of twenty three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk. 2. If the parcel is served by a non platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. A minimum distance of twenty three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk. B. Off Street Parkinfl and Loadinfl Requirements: As required by Division 2.3 of the LDe in effect at the time of building permit application. 7 Agenda Item No. 17B May 9, 2006 Page 64 of 74 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE FAMILY TWO FAMILY Minimum Lot Area (per unit) 6,000 Sq. Ft. S ,000 Sq. Ft. Minimum Lot Width 50' Interior Lots (1) 90' Interior Lot (1) (45') (2) 60' Comer Lots 110' Comer Lots (55'} (2) Front Yard Setback 20' 20' Garage (front access) 23' 23' Garage (side access) 20' 20' Side Yard Setback 0' & 12' or both 6' 0' & 12' or both 6' Rear Yard Setback: Principal Structure . 20' 20' Accessory Structure 10' 10' PUD Boundary Set- back: Principal Structure NA NA Accessory Structure NA NA Lake Setback 20' 20' Distance Between 10' 10' Principal Structures: Distance Between 10' 10' Accessory Structure: Maximum Height; Principal Building 1 story with a maximum of35' 1 story with a maximum of35' story Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum FInor Area 1200 Sq. Ft. 1100 Sq. Ft. Minimum carl-~rt or garage per unit 1 car garage 1 car garage (1) Lot \Vi. fth may be calculated per LDC for cul-de-sac lots. (2) MinimulO lot frontage in parenthesis applies in cases where a dwe~ltl1g unit in a 2 family structure is on an individually platted lot. NOTE: Common area pool, clubhouse or recreational amenities setback (all yards):20 feet 8 Agenda Item No. 17B May 9, 2006 Page 65 of 74 C. ODen SoacelNatural Habitat Preserve Area Requirements 1. A minimum of sixty (60) percent open space. as described in Section 2.6.32 of the LDC. shall be provided on-site. 2. A minimum of twenty five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area). includi~g both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the LDC. D. Landscaoine and BufTerine Reauirements: 1. Landscape requirements shall be in accordance with the Collier County LDC, at time of permitting. 2. Preservation of existing vegetation on the perimeter of the project will constitute the required landscape buffering, if the existing vegetation meets or exceeds the minimum requirement. 3. A minimum of 2 canopy trees is required for each lot. E. Architectural Standards I. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shaH also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. 2. All pole lighting. internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet. F. Slims Signs shall be permitted as described within Division 2.5 of the Collier County LDC. 9 Agenda Item No, 178 May 9, 2006 Page 66 of 74 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4.2 GENERAL All facilities shall be constrocted in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. These developer commitments will be enforced through the provisions agreed to and included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors and assigns, regardless of turnover or not to any property _ __ owners-'- association.- ----- - - ." .-- - h - --- The developer, its successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 4.3 pun MASTER PLAN A. Exhibit "A", PUD Mastel' Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be cons.... 'Ued to be final and may be varied at any subsequent approval phase such as final T",latting Of site development plan approval. Subject to the provisions of Section 2 7.3.5 of the Collier County iDC, amendments may be made from time to time. B. All necessary easements. dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 10 Agenda Item No. 178 May 9, 2006 Page 67 of 74 4.4 SCHEDULE OF DEVELOPMENTfMONITORING REPORT A. A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in two (2) or three (3) phases. B. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. C. Monitoring Report: An annual PUD monitoring report shall be submitted, pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.5 ENGINEERING A. This project shall be required to meet all applicable County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Division 3.2, Subdivision, of the Collier County LDC. 4.6 WATER MANAGEMENT A. The water management system shall be permitted by Collier County in accordance with SFWMD requirements. B. An Excavation Permit will be required for all lakes 10 accordance with Division 3.5 of the Collier County LDC and SFWMD rules. C. Lake setbacks &um the perimeter of the PUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial banier is erected. 4.7 UTILITIES A. Central water distribution shall be constructed throughout the proje':;~ development by the developer pursuant to all current requirements of Collie~ County and the State of Florida. Water facilities constructed within platted rights- of-way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water facilities constructed on private property and not required by the County to be located within County Utility Easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the 11 Agenda Item No. 178 May 9, 2006 Page 68 of 74 water facilities within the project the facilities shall be tested and inspected tq insure they meet Collier County State and Federal requirements at which time they shall be conveyed to the Collier County Water/Sewer District. when required by the Public works Divisions. Water Department. prior to being put into service. B. All construction plans and technical specifications and proposed plats. if applicable. for the proposed water distribution system shall be reviewed and . approved by the Engineering Review Services Department prior to commencement of construction. C. The tie-in to the County Regional Water system shall be made to the existing water main on Orange Blossom Drive. Main sizing on the site shall be detennined by Section 3.2.8.4.8. of the Collier County LDC. Potable water for fire-flows shall be of sufficient quantity. as determined by the North Naples Fire Control District, for the purpose of fire fighting at the furthest point from the proposed tie-in. ' D. Utility-stubs for future system interconnects with adjacent properties shall be provided as determined by the Public Works Division and the developer during the design phase of the project. 4.8 SEWER _ A._ Sewagecollectionsystem-.shall--be construoted.-throughout-the project by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership. operation and maintenance purposed pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the s:wer facilities within the project, the facilities shall be tested and inspected to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed t... the satisfaction of the Development Services, Engineering Review Section. pnr ~ to placing any utility facilities, County owned or privately owned, into ServiCf. Upon completion of the :.ewer facilities and prior to issuance of certificates of (,t.cupancy for structures ..vithin the project the utility facilities shall be conveyed to the County. when required by Public Works. pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. B. All construction and technical specifications and proposed plats, if applicable. for the proposed sewage collection system shall be reviewed and approved by the Engineering Re\'iew Department prior to commencement of construction. 12 Agenda Item No. 178 May 9, 2006 Page 69 of 74 4.9 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first co. D. Road impact fees shaH be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15 of the LOC, as amended. E. All work within Collier County rights-of-way or public easements shall require a.Right..o.t:..way Permit- ---- - . , F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health. safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulatio~ and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median oT)e;ling, nor the lack thereof, shall be the basis for any future cause of action for d;:.rnages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways. Sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right- 13 Agenda Item No, 17B May 9, 2006 Page 70 of 74 of-way or easement, compensating right-of-way, shall be provided without cost to, Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Adjacent developments have been designed to provide shared access or, interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. L. Prior to issuance of the first CO. the developer shall improve Yarberry Lane to a width of 24 feet of paved right-of-way from Orange Blossom Drive to the entrance of the Carlisle Regency PUD. From the entrance of the Carlisle Regency PUD to the south property line, the developer shall taper the width of the paving to align with the existing paved right-of-way. 4.10 PLANNING A. Pursuant to Section 22.25.8.1 of the we, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 4.11 ENVIRONMENTAL A, Environmental pennittu16 shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Department Staff. B. Buffers shall be provid~d around any wetlands, extending at least fifteen (15) feet landward from the edgi: of wetland preserves in all places and averaging twenty five (25) feet from the landward edge of wetlands, Where natural buffers are not possible. structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Review Staff. c. An exotic vegetation removal monitoring and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be 14 Agenda Item No. 17B May 9, 2006 Page 71 of 74 submitted to Environmental Review Department Staff for review and approval prior to final site development plan/construction plan approval. D. Existing native vegetation shall be preserved in accordance with the LDC requirements. 15 O:lCO"<t l>-O r-- ,- o -N L- ..>1 r-- r- >- Q) croo> 22:ro - 0.. ro "0 C Q) 0> <( ..Y.. MQlQx3 ,_J __ ,T I TJ. " .LJ. rl ~ ~ LI IT tI '-1-- "- 8"D1 uo lUala~ .(~uno= "XJ ~ . . 4D, U C "~ ~ 0 B b . c ~ . ::I . 8 "6 u :;:: :.! ... c " u Q.. " . "it u c ct: 3 E ?! ," II.. e!1 ! f '11 ~ ~ I II .. J ". , Ii .. f :!J ! ~ f IIJII~ k.. bIt - J I 11111 lis II 'II lUll' = I :I .Ii , JI " I! ,) h,st '& tUill ~ 7 -~ ..... r _ --... L c::::: .. : "-'.I~'. .. . ~ ' .-:-.' ~....,. " ".. --.~.,.,~..~<-.". . - : '.,. . ::=:::) Agenda Item No, 178 May 9, 2006 Page 73 of 74 J f 'V JaIl Paad Jt I n.....- - _ U&. L ( { Ex. County Retention Lake " EXHIBIT "B" Agenda Item No, 178 May 9, 2006 Page 74 of 74 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 copy of: ORDINANCE NO. 2003-66 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of December, 2003. ~'Ulllth'i' DWIGHT E. B~ '\"r.c~. "'II, Clerk of C~~a ~an~~~~~k E f f ' . .-.t..,.. d:"'!:"'~ x - 0 .J. C.J. <1 ,''i'g ~,~ . Vof'i,.':;"'~ County cor~~ll~~e~'~, \{~ ~ I'l~",~"l':,~" '-',' :::.;, ~. .'. '-~" , '...,'~>:.:::"..:~~:..:~.:~ii;~~. By: Linda A;', ~~~J,~,,"\' Deputy cfe..'.;""'" Agenda Item No, 17C May 9,2006 Page 1 of 47 EXECUTIVE SUMMARY Petition: CU-2005-AR-8081, La Playa Golf Club LLC, represented by Fred Reischl, AICP, of AgnoJi, Barber & Brundage Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting approval of a Conditional Use for a golf course maintenance facility in the Residential Single-Family (RSF-3) zoning district, as specified in Section 2.04.03 of the Collier County Land Development Code. This proposed conditional use will permit a reconfiguration of the site and construction of a new maintenance structure. The subject property, consisting of 2.5 acres, is located at 220 Cypress Way East, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERA TIONS: The petitioner requests approval of a Conditional Use for an existing golf course maintenance facility to permit a reconfiguration of the site and construction of a new maintenance structure in the Residential Single-Family (RSF-3) zoning district as specified in Section 2.04.03 of the Collier County Land Development Code (LDC). The existing golf course maintenance facility is considered to have a Conditional Use because it was permitted prior to the adoption of the LDC. A Conditional Use is required in order to permit the proposed relocation and construction of new maintenance structures, FISCAL IMPACT: The use by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the Conditional Use is approved, a portion of the existing land will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities, These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02,07(C) of the Land Development Code, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. LA PLAYA GOLF MAINTENANCE FACILITY, CU-2005-AR-8081 EXECUTIVE SUMMARY Page 1 of 3 Agenda Item No. 17C May 9, 2006 Page 2 of 47 GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: Environmental Department's staff requests that, due to the presence of arsenic in subject's parcel soil, the applicant submit a contaminated soil management plan at the time of Site Development Plan (SDP) review and that additional sampling be done in the proposed excavations (water management areas). ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the La Playa Conditional Use at its April 20th, 2006 meeting. The CCPC voted 9 to 0 to forward this petition to the BZA with a recommendation of approval subject to the inclusion of staff's recommended conditions, identified as Conditions 1-5 in the Staff Report, with modifications made to Conditions 1 and 5 to combine them into 1 condition; to clarify in Condition 2 that the Conditional Use will expire in three years if no development is commenced; To change the fence height to 8-foot and to eliminate "masonry wall" in Condition 3; and that complete ownership be disclosed for the BCC hearing (please see revised application form in the backup package). LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the BZA must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.08.0. of the LDC, and signed by each CCPC member. These evaluations are provided as separate documents that have been incorporated as an attachment to the resolution. A summary of the legal considerations and findings is noted below: 1. Granting of the conditional use will not adversely affect the public interest and the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters as noted below: A. The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the Growth Management Plan (GMP) noting that Conditions 6 and 9 addressing timing and traffic impacts are mitigation factors to deem this project consistent with the Transportation Element. The timing or sequence of development for the purpose of assuring the adequacy of available LA PLAYA GOLF MAINTENANCE FACILITY, CU-2005-AR-8081 EXECUTIVE SUMMARY Page 2 of 3 Agenda Item No. 17C May 9, 2006 Page 3 of 47 improvements and facilities, both public and private, has been provided. Additionally, the CCPC specifically found that the petitioner has demonstrated that the proposed use will reduce traffic impacts compared to the previously approved use. B. The petitioner has provided adequate provisions for ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. C. The conditional use would not have a negative effect on neighboring properties in relation to noise, glare, economic or odor effects. D. As conditioned, the Conditional use will be compatible with adjacent properties and other property in the district. ZONING DEPARTMENT RECOMMENDATION: Staff recommends the Board of Zoning Appeals approve Petition CU-2005-AR-8081 subject to the following conditions ofapproval as follows: 1. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. The use and general site location is limited to what is depicted on the site plan identified as "La Playa Golf Course Maintenance Facility _ Conceptual Site Plan" prepared by Agnoli, Barber and Brundage, Inc., dated September, 2005, except as further conditioned below. 2. The Conditional Use will expire three years from the date of approval if no development is commenced; however, Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 3. An 8- foot high fence must be provided along the subject property lines. Said fence must be located at a minimum of 6 feet inside the property line with the required landscape plantings located on the outside of the fence. 4. The applicant must submit a contaminated soil management plan and the results of the additional sampling in the proposed excavations (water management areas) to the County as part of the Site Development review. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review LA PLAYA GOLF MAINTENANCE FACILITY, CU-2005-AR-8081 EXECUTIVE SUMMARY Page 3 of 3 Agenda Item No, 17C May 9, 2006 Page 4 of 47 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17C This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition: CU,2005-AR-8081 (CV) La Playa Golf Club LLC, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, is requesting a conditional use allowed per LOC Section 20403 of the RSF-3 (Residential Single Family) zoning district for a Golf Course Maintenance Facility, This proposed conditional use will permit a reconfiguration of the site and construction of a new maintenance structure, The subject property, consisting of 2,5 acres, is located at 220 Cypress Way East, in Section 24, Township 48 South, Range 25 East, Collier County, Florida, Meeting Date: 5/9/2006 9:00:00 AM Prepared By Carolina Valera Urban Design Planner Date Community Development & Environmental Services Zoning & Land Development Review 4/26/2006 2:37:03 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 4/26/2006 2:39 PM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 4/27/200610:13 AM Approved By Constance A, Johnson Operations Analyst Community Development & Environmental Services Admin, Date Community Development & Environmental Services 4/27/200611:58 AM Approved By Joseph K, Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 4/27/200612:56 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/27/2006 4:34 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/1/20064:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/1/20067:40 PM Agenda Item No. 17C May 9, 2006 Page 5 of 47 ,- RESOLUTION 2006- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A GOLF COURSE MAINTENANCE FACILITY WITHIN THE RSF.3 (RESIDENTIAL SINGLE FAMILY) ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.04.03, TABLE 2, FOR PROPERTY LOCATED AT 220 CYPRESS WAY EAST. --- WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow a Golf Course Maintenance Facility within the RSF-3 (Residential Single Family) zoning district pursuant to LDC Section 2,04,03, Table 2, on the property hereafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.0. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition, CU-2005-AR-8081, filed by Fred Reischl, AICP of Agnoli, Barber, & Brundage, Inc, representing with respect to the property hereinafter described in Exhibit "B", and the same is hereby approved for a conditional use according to Section 2,04,03 of the LDC in the RSF-3 (Residential Single Family) zoning district for a Golf Course Maintenance ",--.. Page 1 of2 Agenda Item No, 17C May 9, 2006 Page 6 of 47 Facility in accordance with the Conceptual Site Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2006. A ITEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: Frank Halas, CHAIRMAN Deputy Clerk Approved as to Form and Legal Sufficiency: Jeffrey A. Klatzkow Assistant County Attorney CU -2005,AR-808I/CV Isp Attachments: Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan dated September 2005 Exhibit D: Conditions of Approval Page 2 of2 Agenda Item No, 17C May 9, 2006 Page 7 of 47 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU.2005-AR-8081 The following facts are found: 1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: CHAIRMAN: EXHIBIT A uc.or-- r--O'i" ~R;o ooiro Z>,Q) ~cuO) 2:2~ ro "0 c (]) OJ <( ~.::l w:< 5:;:w ~~z Ou::J Uo "ot....JEi ~~1r-:-:xor=-X-x--x .l .::iC on 1 u.'( ~.Ba' (SOO'OS'38"E) (330.86') "'" u is lL.Z :J %lL. ~o ~i:t -::l lL.O aU) ~~ w % Ir o [,;) 4J U ei Lo.. ::t: --~ I Z ~ <.:> J.{') + ~ ..........wco "-:c:v 1-1-1 U')u..'<;j- ~ON :C:'<;j-Z i-...... 0 0::: ,,- o.....t; Zi-w wt:J<n :r:3:1...z.... I-:c:o l l..L. r- ~ lljo@5",- Ie NZ"- e I ::::-- w in ; I., :I: FE ~ B; ~~~ , 0 :::J Z 0 2i C/) ~ - I I w-r' u I ~I I 131 .01 01 ~ I , I tOl ......... I ww CnLn N~ CoCo lOLO CoCo 0:>00 o zz ~ --I VJ I I I I I , I 10 ~ i~ 8~ Ii ~ ~ ' ~li tOed .., a.. 6 lD- -M z o s~ ......I~ 11) Ii) N r') I--~ ~::' ~. 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Pi ~ I I I I ,-J Q . ~tf.l~~ !;;:z~~ ~~~~~ <..lg~~~ ..ll:.o..l_ :1:330' I , ~ I ~ --/\1 ~ ~ I 0 -.I ~ ~ I : g: ~. -I f.... ~ ~ :R ~ : 8 I I ~ ~ U ~ t3 ~ ~ ~ ~ ES 8 ~ c c:J ~ ~ ~ --l I 15' TYPE "B" ----lUi-- Cl f-< ~,~ Z t:l Z ;< tf.l t:l ____unl U~ LANDSCAPE BUFFER ---.-.-- ~~~ @~~~~ ~~~ ~~g~~ ~ >utf.l~< - - - - - -z "" - -- -- -----~----- ------------------ ------------------ -I. II Ii I I 1- . . II I l%l. I ~. ~ ~ I~l ~ .:R t i I ~. ~i l . . I , . -~-J (,) ?- m :i: >< w / .LSV3 A. V.M. SS31IclA::> ----------------------- ----------------------- ======================================================= Agenda Item No, 17C May 9,2006 Page 10 of 47 Conditions of Approval 1. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. The use and general site location is limited to what is depicted on the site plan identified as "La Playa Golf Course Maintenance Facility - Conceptual Site Plan" prepared by Agnoli, Barber and Brundage, Inc., dated September, 2005, except as further conditioned below. 2. The Conditional Use will expire three years from the date of approval if no development is commenced; however, Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 3. An 8-foot high fence must be provided along the subject property lines. Said fence must be located at a minimum of 6 feet inside the property line with the required landscape plantings located on the outside of the fence. 4. The applicant must submit a contaminated soil management plan and the results of the additional sampling in the proposed excavations (water management areas) to the County as part of the Site Development review. EXHIBIT D (i) Agenda Item No, 17C May 9, 2006 , Page 11 of 47 2800 NORTH HORSESHOE DRiVe NAPLES. FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 .. i . COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET APPLlCA TIONFOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER CU-2005-AR-8081 PROJECT #2005040080 DATE: 7/28/05 CAROLINA VALERA ABOVE TO BE COMPLETED BY STAFF ' APPLICANT INFORMATION NAME OF APPLlCANT(S) LA PLAYA GOLF CLUB ltC ADDRESS 11 3 VIKING WAY CITY NAPLES TELEPHONE # CELL # E-MAIL ADDRESS: STATE FLORIDA ZIP 34110-1135 FAX # NAME OF AGENT FRED REISCHLA1CP FIRM AGNOLl. BARBER & BRUNDAGE INC. fABB) ADDRESS 7400 T AMIAMI TRAIL CITY NAPLES TELEPHONE # (239\ 597-3111 CELL # E-MAil ADDRESS:REISCHL@ABBINC.COM STATE FLORIDA ZIP 341 08 FAX # (239) 566-2203 NAME OF AGENT R. BRUCE ANDERSON. ESQUIRE FIRM ROETZEL & ANDRESS ADDRESS 850 PARK SHORE DRIVE CITY NAPLES TELEPHONE 1239\ 649-2708 CELL # E-MAIL ADDRESS:BANDERSON@RAlAW.COM STATE FLORIDA ZIP 341 03 FAX # (239) 261-3659 -. . _. ~ - - . . ".. . .-. - -. - ...... ._. - . . Agenda Item No. 17C ~A"\I Q ?nn Page 12 of 4 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE R.EGULATIONS. " ASSOCIATIONS Complete the following for all AS5ociation(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY 'ST A TE ZIP NAME OF HOMEOWNER ASSOCIA nON: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership N/A N/A Agenda Item No, He May 9, 2006 Page 13 of 47 b. If the property is owned by a CORPORATION, list the oHicers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership La Playa Golf Club LLC (See attached list of officers) Stockholders: S. J. Lockwood & Company: Steven J, Lockwood 50% Halstatt Partnership 50% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership Juliet C. Sproul Testimentary Trust Beneficiaries: N/A , Juliet C. Sproul. Katherine G. Sproul. Jennifer S. Sullivan. Juliet A. Sproul Edith Collier Soroul Trust Beneficia ries: Juliet C. Sproul. Katherine G. Sproull Jennifer S. Sullivan. Juliet A. Sproul d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Halstatt Partnership: Juliet C. Sproul Testimentary Trust Edith Collier Sproul Trust 12.5% 87.5% 497345 v_OJ \ 111878.0002 " e. Agenda Item No, 17C If there is a, CONTRACT FOR PURCHASE, with an individual or indi~& ~~~ Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A N/A Date of Contract: f. If any contingency clause or contract terms invo've additional parties, list all individuals or officers, jf a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired [2J leased 0 Term of lease, 10/20/1998 If, Petitioner has option to buy, indicate the following: yrs.fmos. Date of option: Date option terminates: Anticipated closing date . or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Oetailed leaal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recemsurvey . .. - -. - - - - ..- . .- . . - - -. -. - -_. . . Agenda Item No. 17C (com~leted within the last six months, maximum 1" to 400' scale) If required to do so at the pr~~!I~m meetmg. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may b. required. Section/Township/Range 24 Lot: Block: / 48 / 25 Subdivision: Plat Book Page #: Property 1.0.#: 00159680009 Metes & Bounds Description: W 1/2 OF N 1/2 of NW 'u of NW 'U of SW '/.. OF SEC 24 T 48 R 25 SIZE OF PROPERTYl ft. X ft. = Total Sq. Ft. Acres 2.5 ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 220 Cypress Way East, Naples, Florida ADJACENTZON1NG AND LAND USE Zoning , Land use N RSF-3 S RSF-3 E RSF-3 W RSF-3 Residential - Sino Ie Familv Homes Residential - SlnQle Family Homes Resldential- Vacant Land Water Manaaement Area: across which is Cypress Way East ROW Does the owner of the subject property own property contiguous to the subiect property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Ves Section/T ownship IRange 24 / 48 / 25 Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: --'. 1/2 OF N '12 of NW 11.. of NW '.4 of SW '.4 OF SEC 24 T 48 R 25 CONDITIONAL USER~QUESTDETAIL Type of Conditional Use: This application is requesting a conditional use pursuant to Section 2.04.03 of the LDC of the RSF-3 district for (TYPE OF USE) A Golf Course Maintenance Facility Present Use of the Property: Golf Course Maintenance Facility APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 9/20/04 EV ALUA TION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. ' NOTE: Pursuant to Section 10.08.00. of the Collier County land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon 0 finding that the granting of the cOnditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how' and why the request is consistent with each. (Attach additional pages as may be necessary). a, Describe how the project is consistent with the Collier County land Development Code and Growth Management Plan (include information on how the request is consistent with the, applicable section or portions of the future land use element): The subiect site is within the Urban Residential Subdistrict of the Urban Mixed Use District occordino to the Future Land Use Moo of the Growth Manooement Plan IGMPl. The Future Land Use Element (FLUE) states that Urban Desianated Areas will accommodate residential uses and 0 variety of non-residential uses indudino recreational uses. A aolf course is a recreational use and 0 Golf Course Maintenance Facility is on essential' Dart of a aolf course. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Access to and from the subiect site will be via Cypress Way East. Two access points are existina. The northern access point is. and will continue to be. used for the maiority of vehicular trios. The southern access ooint is used by maintenance vehicles and eQuioment only in order to access the La Plava Golf Course while minimizina non-automobile traffic on Cyoress Way East. c. Describe the effect the conditional use will hove on neighboring properties in relation to noise, glare, economic impact and odor: A Golf Course Maintenance Facility exists on the site. It has been in existence since 1972 which was orior to the adoption of the LDC and is therefore considered to hove Q Conditional Use. Because the oetitioner wishes to reconfioure and remodel the site. Q new Conditional Use is required. Because 0 Golf Course Maintenance Facility currently exists on the site. no additional noise. olare. odor or economic issues are anticioated. In fact. because of renovation of buildinas and storoae. imoacts/issues will be reduced. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The subiect site is surrounded by orooerty zoned RSF-3. The northern portion of the subiect site is orooosed to contain stormwater manaqement because the existina buildina will be relocated more than a 1 00 feet to the south. Therefore, the homes in Falcon Ridae to the north will exoerience less of an imoact from the reconfioured site. The southern portion of the subiect site M. _ _. _ _ _. . . _. _. .. _ . _ _ _ _ _ _ ._. _ e. Please provide any additional information which you may feel is relevant to this request. The subiect property is the site of an existina Golf Course Maintenance Facility. Because of bufferina. reconfiauration. and remodelina. the site will sionificantly reduce it's impact on neiahborina properties thon what exists today. The Petitioner shall applv for a Demolition Permit for the existina structure within 1 20 days of issuance of a Certificate of Occupancy for the new structure. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for' which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subied progertv: To your knowledge, has a public hearing been held on this property within the last year1 If so, what was the nature of that hearing? Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notesi b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPqi . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, . Agenda Item No. 17C proposed locations for utilities (as well as location of existing utility serviCes ~~1~t~~~ proposed and/or existing landscaping and buffering as may be required by the County, . . location of all signs and lighting including a narrative stotement os to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meetingj g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-applicationmeeting)i h . The petitioner must provide a letter of no obiection from the United States Postal Service prior to submittal of the apf:'lication. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1 200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. Any additional requirements as may be applicable to specific conditional uses and, identified during the pre-application meeting, including but not limited to any required state or federal permits. , BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. I ~ -. . -. ~. -. ~ - .-. . -. - - - - - .. ~ .-. - . Agenda Item ~~o, 17C May 9,2006 Page 19 of 47 CONDITIONAL USE APPLlCA liON SUBMITT AL CHECKLIST , THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application. 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. Conceptual Site Plans (including (1 ) 8-1/2 X 11 copy) 20* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9, Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver Application 4 X 11- Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee = $4000 - X Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Soard of Commissioners 14. Electronic copy of all documents and plans 1 X 15. Letter of no objection from the United States Postal 1 ,- ~ervice X 16. Other Requirements. * Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. 7.;20.oS- Date .-. ,--- --.' ..... - -. - _.- -- -- -.. Agenda Item No. 17C May 9, 2006 Page 20 of 47 TRAFFIC IMP ACT STATEMENT (TIS) A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor os determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 1 0 acres in size, although based on the intensity or unique character of a petition, 0 major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1 . Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (MDT) Peak Season Daily Traffic Peak Hour (PSDT) 2, Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5, Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decellanes or other improvements. 6, Describe any proposal to mitigate the negative impacts on the transportation system. 7, For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management P'an (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2,7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future T rcffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development Agenda Item No. 17C May 9, 2006 Page 21 of 47 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the, County justifies the use of alternative rates. 2. TriD Assianment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment sholl be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existina Traffic: Provic:le a map depicting the current traffic conditions on all links within the ROt. The AAOT, PSDT, and LOS shall be depicted for all links within the ROt. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in .the TCE of the GMP. 5. Radius of DeveloDment Influence (ROil: The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments fram the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) o ~ 49, 999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399,999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the ROt where the,sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect maior thoroughfares within the RDI of the proposed Agenda Item ~~o. 17C project sholl be provided. This information shaH i::le depicted on a map or, alte'rnQtf~~2~~~ listing of those projects and their respective characteristics; 8. Future Traffic: An estimate of the effects of traditional increa~es in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected' development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throuah Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates sholl be provided. It maybe desirable to include any additional documentation and backup data to support the estimation as welL 10. Planned/ProDosed Roadwav ImDrovements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasina: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. Division of Corporations Agenda:Rage l'loo:fi' ~ May 9, 2006 Page 23 of47 ll....- Foreign Limited Liability LAPLAYA GOLF CLUB, LLC I_.~.. ."._. ...__._ _...~... _u___,_._ .._, ._." ._u_ ._..___. _."...' _.... ._.. ..",.__' ___......._.. ,__. .__ ...-.. ,.,.- '.." '.-." _'h_ . -... ".- ..__. - ,--. -....-- PRINCIPAL ADDRESS 113 VlKINGWAY NAPLES FL 34110 . Changed 05/12/2002 1_-__--- -- ----_._._.._,.,,~._..__.--_._...- -.-. - -,._._._~_., ----.. '. MAILING ADDRESS 2600 GOLDEN GATE PKWY. NAPLES FL 34105 Changed 04/05/2005 Document Number MOl 000001 687 FEI Number 043435641 Date Filed 10/07/1998 State DE Status ACTIVE Effective Date NONE Last Event REINSTATEMENT Event Date Filed 11103/2000 Event Effective Date NONE Total Contribution 100,000.00 -.-.-....-.....-.....-.- ._....,~.,.. '. ~._.... .." -"-.'~-"'-'" --- - _. R dA t egIS ere .gent I Name & Address I SPROUL, KATHERINE G 2600 GOLDEN GATE PKWY NAPLES FL 34105 I Name Changed: 05/1212002 I I Address Changed: 04/0512005 I 1.,___-..---. . ..-~- - _... ..-.-.-.. --""'~- -- -_.- -.-..---..-.....- LOCKWOOD, STEPHEN J 1880 GULF SHORE BLVD S http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =MOl 000001687&n2=NAMF... 7/20/2005 ~ Division of Corporations AgendaPi~~f~ . . May 9, 2006 . Page 24 of 47 I NAPLES FL 34105 " I STEPHEN J LOCKWOOD &; co LLC B 27 CONGRESS ST SUITE 108 SALEM MA 01970 THE HALST A IT PARTNERSHIP B 2600 GOLDEN GATE PKWY NAPLES FL 34105 1.-._ _. ---. _. --- ~-'''''-----~-'''''_.'~---'---'--- ua epo s I Report Year II Filed Date J I 2003 II 04/28/2003 I I 2004 II 03/2312004 I I 2005 II 04/0512005 I Ann lR rt 1- . _..__..., _no _.._." ___..... _... _,_~_.._ ,"." .__..__._ _. ..__ ._.__.~ t>;itF.i~!~~~if[in9:%'j::'t %.~tft:~m~i:;;~!i\~~+ 1~<;_ View Events View Name History . - -.-. ..".- - ..- . "". '---.-,..-- .--,- ,- ..-- '-.__.' ________.____.n._ "__ .'__". ......._.___._ _ .....__ .___ _ ....... __ '.__ ._.____.___ __.____._.__._...... Document Images Listed below are the images available for this filing. 04/05/2005 ANNUAL REPORT 03/23/2004 - ANNUAL REPORT 04/2812003 - ANN REP/UNIFORM BUS REP 05/12/2002 - COR - ANN REPIUNlFORM BUS REP 07/27/2001 - Name Change 05/08/2001 - ANN REPIUNIFORM BUS REP 11/03/2000 - REINSTATEMENT 05/] 0/1999 - ANN REPIUNIFORM BUS REP 10/07/1998 - Forei Limited TIDS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.orglscripts/cordet.exe?a1 =DETFIL&n1 =M01 000001687 &n2=NAMF... 7/20/2005 ()<Dt'- ~:: o .LD 'N ";: >. Q) CmOJ (])::2: m ::::: 0- m -0 C (]) OJ <( .eo- a u = r... ~ u = (IS = ~ ~ ~ ~ fI2 "" ~ = fI2 0;:> Uc.;.. =='Q3 o Cl U r....... "" .....,-(IS (IS :.a ~ :>..= (IS 0 i5:u (IS ...;:l ~ o = o .... - Qc .... "" U fI2 ~ = - (IS ~ ~ ...;:l .. w It) C"C $ g) C o ac: .. va co ~ a. :c III c ~ o to- ..; C"C a C"'O o .C .i ~ va .. ->- Oc ~ & ;:U va :; .... = 0'0 ~u ;: z - o ~ ;: Z - o ~ Z u. o ~ ;: <J , .., COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 Agenda Item No. 17C . May 9, 2006 Page 26 of 47 2800 NORTH-HORSESHOE OR.IVE NAPlES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- e- CU-200S-AR-8081 .... . PROJECT #2005040080 "D.'.' DATE: 7/28/05 . . CAROLINA VALERA ~ ..........-1 . - -- ........ - COND1TlQNAlcUSE_lKTrn-oN.....__.___...__ .._. l- . PRE~APPLICATION MEETING NOTES. & SUBMITTAL CHECKLIST Date: """.}~. oS Time: B : ~O Planner: ~f\)~ Vilt~ ~.- Proiect Name: Project Addr/Location: ~L.l.:) #00' S'1G. g OOC:>'1 Applicant Name: ~A.N6 ~ICt+ (LIlA.) Phone: 5=)'. 3111 Firm: ~~'B Type of PetitIon: C. V Current Zoning: ~ SF - 3 Owner N~me: LQ- pI t:tyb,. 601.P Cf\A~ LL-c.. Owner Alfdress:J 15 \J ll< I "5 w~, ~~) Phone:~. Meetirig .Atlefidees~ (afbch Sign In:$h;eet) SUBMITT AL REQUIREMENTS: 'flg 20 copies of Applicetion, completed t-t:;] {1 euleliti'Or:I,,1 c:.pt if lo~Clt8c1 iA the SaJ&I'On=/Gulcwwy Tlt"'lI~le Red&"",IOtm,eni "lea}1 ...gJ.. One (1) Addressing Checklist signed by Addressing Dept . i8J 20 copies of Pre-applicetion meeting notes ~ 20 copies of Conceptual Site Plan 24" X 36" plus (one B Y2 X 11 copy) g) '8 o I Two (2) Copies of Deed(s) Completed Owner/Agent Affidavits, Notarized . '/ t/l:/f. .lfjJjJ(..1 ('AJ'tc"', i,R..o h #/.;'.. Four (4) Environmental Impect Stetement (EIS), ~ - t.1'4( " 'CU Five (5) Aeriel Photographs (taken within the previous 12 months) Serl{ J.'4A'A '-1! A-I {J/~( T.{. Stetement of utility provisions (with ell required attachments & sketches) A-f It l:"'-A/ /lfec-f14 /Jf 1 rI I . ~- ~ fig I ~ -....-a.... i s ~ J;2j \. Agenda Item No. 17C May 9, 2006 Page 27 of 47 Seven (7) Traffic Impact Statement (TIS), or waiver Four (4) Historical and Archeological Survey, or waiver Copies of Stete and/or Federcf Permits Four (4) Archltecturel Rendering of Proposed StructUre(s) Electonic copy of ell documents and plans (CDROM or DIskette) Letter of no objection from. the United States Postal ServIce.. Contect Robert M. Skebe at {239) 435-2122. Pre-application Fee $500.00 (Applications submitted 9 'months or more after the date of the last pre-app meeting shalt n.ot be credIted towards appli~tion fees and a new pre- application meeting wtIJ be required.) .-.--.....-.---.-. -.-...... ._-,.~... .... .. ",---,._"~--'-'-"-----'-_._" $4,000.00* $150.00 $300.00 $729.00 $363.00 Application Fee Fire Code Review Comprehensive Planning Consistency Review Estimated legal Advertising Fee - eepe Meeting Estimated legal Advertising Fee" Bee Meeting (any over- or under-payment wlll be reconciled upon receipt of Invoice from Naples Dolly News). EIS Review, if required $1,600.00 *$1 500.op If flied In conjunction with a rezone petition OTHER REQUIREMENTS: o o o o NOTES: ~ 1iJ6 l..& .fh~ ~ r- ~I ~-Af7 (J i.J R-t)ws. _ ,Z)"k.-.s ~ ('C-7')? ~ '(~ t...c.-- " n~.-rl=-~,p j)~vS DTh~2-efJ.v- f(~~D&t1'J,.~L-Cn1r= ~-t.) v ~ 2.eP I -* ~ %~ rt> \JJ/(E TIfP P, ~~.~ /:lSS.To ~o. WnfL ~.C9:>.t:>'2.. t:-. k1f.1L~ l LD' Wla:, l't~ p(f) ,~~ ~~. -- p;2PflrlJh' SbJ t S'AI't1PtJ# Ar 1J1...P'l/rPb~ 0# 11/1/YJj PV.{ "fC? MJ1tJC4/1rf 11! A1'7.!"" . (/Jj<Qf!I!I:- z C{)f/t~ ~/c JO/ t S:At11;JtUr/ 1/V7':O/~41A--/1''U/) NpuU\VT ~.-ro A:"DV~SE.t rtOL-:{) ~(6rt~D\~ffi.u C tv! 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Message Agenda l~eJ~.ofg; May 9,2006 Page 34 of 47 valera_c From: Fred Reisch I [reischl@abbinc.com] Sent: Thursday, January 05,20068:16 AM To: Wilkie Kirsten; valera_c Subject: RE: LaPlaya Golf Club Maintenance Area Thanks, sounds goodl From: Wilkie Kirsten [mailto:kirstenwilkie@colliergov.net] Sent: Wednesday, January 04, 2006 4:45 PM To: Fred Reischl; valera_c Subject: RE: LaPlaya Golf Club Maintenance Area Fred, The management plan for the clean up will required for the SDP. As far as the EAC goes there was no EIS required to kick it to back to be heard at the EAC. Unless we did not agree on something is when the EAC would get involved to mediate or unless you would like to go. Kirsten Wilkie From: valera_c Sent: Wednesday, January 04,20064:29 PM To: Wilkie Kirsten Subject: FW: LaPlaya Golf Club Maintenance Area Kirsten, Please see below. Could you please answer Fred's question? Thank you, CAROLINA VALERA Principal Planner From: Fred Reisch I [mailto:reischl@abbinc.com] Sent: Thursday, December 29,20052:16 PM To: valera_c Cc: Jane Eichhorn Subject: FW: LaPlaya Golf Club Maintenance Area Hi Carolina, It looks like you were one of the few people who were not copied on this chain of email! One of Mac Hatcher's comments is: We have decided to request that LaPlaya show a contaminated soil management plan when they come back for a site development plan rather than requiring the remedial action 2/21/2006 . Message Agenda iRag~.oftt May 9, 2006 Page 35 of 47 plan. It sounds like we don't need the management plan at the CU stage. We will have it for the SOP. Would you confirm this with Kirsten? If this is hopefully straightened out, could we get EAC & CCPC dates? Thanks! Hope you have a great 20061 Fred From: Katie Sproul [mailto:KSproul@barroncollier.com] Sent: Thursday, December 29, 2005 9:37 AM To: ddungan@ectinc.com Cc: Fred Reisch I Subject: RE: LaPlaya Golf Club Maintenance Area Does this seem reasonable to you? From: L.Duane Dungan [mailto:ddungan@ectinc.com] Sent: Wednesday, December 28, 2005 12:02 PM To: Katie Sproul Subject: FW: LaPlaya Golf Club Maintenance Area Recent correspondence between FDEP and Collier County in reference to LaPlaya: -----Original Message---- From: Gould, Jeffrey [mailto:Jeffrey.Gould@dep.state.f1.us] Sent: Wednesday, December 28,2005 10:28 AM To: ddungan@ectinc.com Subject: FW: LaPlaya Golf Club Maintenance Area Duane, For your information. Jeff. ----Original Message----- From: smith_r [mallto:RaySmlth@colliergov.net] Sent: Wednesday/December 28,20058:56 AM . To: hallanna; watkinsJ; WardRob; hapkemargiei sdavis@naplesgov.com; mbauer@naplesgov.com; durhamr1@doacs.state.f1.us; Susana Capasso; veit.ji ken_rech@doh.state.f1.usi Dr. Joan Colferi ShapiroDanieli cai@fiu.edui daikerd@doacs.state.f1.us; howardd@doacs.state.f1.usi dWlnels@doacs.state.f1.usi Gould, JeffreYi ramsey_mi ValcanteMary; donner_m; f10merfelU Cc: hatcher_m Subject: f\N: LaPlaya Golf Club Maintenance Area FYI From: hatcher_m Sent: Tuesday, December 27, 2005 4:50 PM To: 'Jeffery.Gould@dep.state.f1.us'i smith_r SUbject: RE: LaPlaya Golf Club Maintenance Area Jeff We have decided to request that LaPlaya show a contaminated soil management plan when they come back for a site development plan rather than requiring the remedial action plan. We are also requesting additional sampling in proposed excavations (water management areas). Their Conditional Use request should be presented to the 2/21/2006 . Message Agenda P~<:Nb.of1.l:: May 9, 2006 Page 36 of 47 Environmental Advisory Board and or the Planning Commission in Jan. 06. Mac From: smith_r Sent: Monday, December 19, 2005 9:50 AM To: lorenz_w; hatcher_m Subject: FW: LaPlaya Golf Club Maintenance Area FYI From: Gould, Jeffrey [mailto:Jeffrey.Gould@dep.state.f1.us] Sent: Friday, December 16, 2005 1:38 PM To: smith_r; hallanna; sdavis@naplesgov.com; rnbauer@naplesgov.com; durhamrl@doacs.state.fl.us; Susana Capasso; WardRob; watkins_r; veit..,j; hapkemargie; ken_rech@doh.state.f1.us; Dr. Joan Colfer; cal@fju.edu; daikerd@doacs.state.f1.us; howardd@doacs.state.fl.us; dwinels@doacs.state.f1.us; Susan Craig; ramsey-m; ValcanteMary; ShapiroDaniel; donner_m Cc: Delony_Jim Subject: LaPlaya Golf Club Maintenance Area Greetings, I apologize for not being able to participate in the discussions during the December 2nd meeting concerning arsenic issues in Collier County. However, to keep you up-to-date with the status of progress concerning the subject maintenance area, I am providing this brief message. The necessity of additional groundwater assessment activities has recently been discussed with the consultant for the property owner. In order to determine whether an institutional control (deed restriction) would be appropriate to address groundwater concerns, sampling beyond which the limited assessment provided must be performed to clearly define the extent of contamination. The presence of arsenic in the soil is a much easier matter to resolve. An institutional control (with engineering control) may be appropriate for the site rather than to implement remedial action to address soil contamination. Recently we became aware that the Collier County Environmental Services Department has been contacted regarding a "Conditional Use" change for this area. The County is considering a stipulation that there must be an approved remedial action plan with the FDEP prior to granting any development approvals. We have responded by indfcating that it does not appear necessary, however, that will be up to the discretion of the County . That's all that is new. Thanks for your attention, Jeff. Jeffrey G. Gould, P.G. Waste Cleanup Program Manager FDEP South District Fort Myers, Florida (239) 332-6975 ext. 156 jeffrey. gould@dep.state.f1.us 2/21/2006 -, II i Department of ,Environmental Protection Agenda Item No. 17C May 9, 2006 Page 37 of 47 .1 I : Jeb Bush Governor South District P,O. Box 2549 Fort Myers. Florida 33902-.2549 . David B. Struhs Secretary 1 June 18,2003 1 L. Duane Dungan, P.G., C.P.G. Environmental Consulting. and Technology, Inc. 4100 Center Pointe Drive, Suite 112 Fort Myers, Florida 33916 i I ..1 Re: Collie.r County - WC LaPlaya Golf Club 220 Cypress Way East N ap~es, Florida Southwest Coast EMA Limited Site Assessment Report H1 Dear Mr. Dungan: .J Thank you for sharing the referenced report dated April 2003 (received 5/20/03) with our office, that had been discussed with Jeff Gould, as it relates to development ofthe tract. On the basis of historical)and use in this area and the results of your assessment, we agree with your conclusions and recommendations concerning the intended use of the site. .--j We appreciate your client's attention to site conditions during planned construction of the tract, and agree with the recommended actions to be implemented while under development. Should anyone have any questions concerning this letter please contact Jeffrey G. Gould, P.G. at (239) 332-6975 extension 156. Your attention in this matter and cooperation with our office are greatly appreciated. ., i -.J Sincerely, , ".1 i ;:2:'.1 C:';'_ .'7 --..~ Philip A. Barbaccia En vironmen tal Administrator ~._.J P AB/J GG/yO i .....J J "More Proteaion. Less Process" Printed on recycled poper. Agenda Item No. 17C May 9, 2006 Page 38 of 47 Co~T County _ 'L-~ __ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 16,2006 SUBJECT: PETITION CU-2005-AR-8081 (LA PLAYA GOLF MAINTENANCE FACILITY CU) PROPERTY OWNER/AGENT: OWNER: La Playa Golf Club, LLC 113 Viking Way Naples, FL 34110-1135 AGENTS: Fred Reischl, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail Naples, FL 34108 R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Naples, FL 34103 REQUESTED ACTION: The petitioner requests approval of a Conditional Use for a golf course maintenance facility in the Residential Single-Family (RSF-3) zoning district, as specitied in Section 2.04.03 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property, consisting of 2.5 acres, is located at 220 Cypress Way East, approximately .5 mile north of lmmokalee Road, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for an existing golf course maintenance facility to permit a reconfiguration of the site and construction of a new maintenance structure. CU-2005-AR-8081 Page 1 of 10 Agenda Item NO.2b6~ May9, Page 39 of 47 i :nal.l..... I - " . Ill:. !. IlIr~ I I! . "I..u.~ --:- ...-...::::::.--- -::-- ,.. I- ~ I ~ -' ;: ',"" l' '~>.."lIItIIIiI"""" CU-2005-AR-8081 Page 2 of 10 I ~ · a.. <X: ~ UJ r- en .. II) Q lD I JI!: <I( I ..... o <:> N I ::;, '-' .# z: o .... I Ie... e:( ~ t- llJ 0.. z o - r- e:( u o -.J Agenda Item No, 17C May 9, 2006 Page 40 of 47 The existing golf course maintenance facility is considered to have a Conditional Use because it was permitted prior to the adoption of the LDC. A Conditional Use is required in order to permit the proposed relocation and construction of new maintenance structures. The applicant maintains that vegetation, in lieu of the required concrete wall, would lessen any negative impacts on the surrounding affected properties. In regards to the architectural standards, the applicant noted that the proposed maintenance facility would not meet architectural requirements, and that vegetation would be proposed at the SOP stage as an alternative to meet the intent ofthe standards of the LOC. SURROUNDING LAND USE & ZONING: North: Single-family homes, zoned RSF-3 East: Single-family homes, zoned RSF-3 South: Single-family homes and water management lake, zoned RSF-3 West: Tract 0 of Sawgrass of Naples (residential neighborhood to the south), then Cypress Way East across from which there are 2 and 3 story Multi-family buildings, zoned RMF-6 SUBJECT PROPERTY [:1'J :LJ.1f I ;r~I;Fl~r:= ru ~",,--~ -"- -- 'jj'il ' J[ · i-'ft I · :. '"r-Wi--,i ~ .'.......~iCf' SF : ,i ',.... ,. 'b f......... ,,-_ ~l:<"'"."~-"",,,, '\ "'--l1-l---' _, __~~...~ ~PT ~ 11IIJq" II' 'i '"-). . .. ',I ~"ri /' "1 'i'1,," ." · m: · it . ~ ZONING MAP CU-2005-AR-8081 Page 3 of 10 Agenda Item No. 17C May 9, 2006 Page 41 of 47 AERIAL PHOTO '.. .......~...'.. '.;."& .......:.~. ~...... f. .,,*-~ !,.> .: . \~:, . " ~, , l~, EXISTING MAINTENANCE BUILDING CU-2005-AR-8081 Page 4 of 10 Agenda Item No. 17C May 9, 2006 Page 42 of 47 VIEW FROM CONER OF CYPRESS WAY EAST AND SA WGRASS COURT (WEST SIDE OF PROPERTY) VIEW FROM SA WGRASS COURT (SOUTH SIDE OF PROPERTY) CU-2005-AR-8081 Page5of10 Agenda Item No. 17C May 9, 2006 Page 43 of 47 €)'" ~ Z." : ." .. Of .... I' i p ~I.f'~ I~ <~~~ I ~=~~~ r--- .... 'l: -::,.... I 1 ~~2~~ I : __ ~ n30' ~'~ ~_. - --~. --.---r-,-~..._...-... I " I III " /1 ',' r ~ T'll"t . B' l.A r>;:;JSCAJ>f B~rfF-ER I .....J I (, /I / #~I : i .'--------~---------: \ ) I 11[ If' ~t:: : · II / 1 --;.1ff;i -I, -I / .... ~ ~ i I- =< I ,r,/.' ,.' , I :;; 2 ~ ~"'I III Ii .. II ... I ~ ..: :: ./~..;, lS l~ I.! ;;>- I :,... ~ ;i 'r;., I 1:""'( /1 ",' ~, ~ ~ :; ~ ,;';' ;'101 1/ .;;'1 ,'I'/~ ::;:: - - -i ;-; ~::;: /f'1 l"~!J.f'b~Y ~ ~ f I~i !.l~i I ~I ~ ::: ' I ~'r.~_.r. ,/ , ;'I;,;i /j j/ J I / ....; I ! 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Lr; J". t"'-~ :; ,... 4' -tl :.l; ,~, ". r ------------------------------------------------------- ------------------------------------------------------- - ...' ..... ~ ;t .... " --.l CONCEPTUAL SITE PLAN CU-2005-AR-8081 Page 6 of 10 Agenda Item No. 17C May 9, 2006 Page 44 of 47 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban Mixed Use District, Urban Residential Sub-district, as identified on the Future Land Use Map of the Growth Management Plan. Urban designated areas accommodate residential uses and non-residential uses including parks, open space and recreational uses. A golf course is considered an open space use, and a golf course maintenance facility is a necessary and customary use associated with the operation of a golf course. Based upon the above information, staff concludes the proposed conditional use may be deemed consistent with the Future Land Use Element. ANAL YSIS: Before any Conditional Use recommendation can be heard by the Board of Zoning Appeals (BZA), the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, the request for Conditional Use for a golf course maintenance facility is consistent with the Future Land Use Element of the GMP. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the conceptual site plan and illustrated in the photo below, adequate ingress and egress to the site is provided from Cypress Way East through two existing access points. The northern access point, as it is presently used, will take the majority of vehicular trips. The southern access point is used to access the golf course and is proposed to maintain it's limited use by maintenance vehicles and equipment. CU-2005-AR-8081 Page 7 of 10 Agenda Item No. 17C May 9, 2006 Page 45 of 47 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor. The subject site abuts residential uses. A Conditional Use is defined in the Land Development Code (LDC) as: "A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood." Staff believes the control criteria have been met as explained below. The site plan shows a IS-foot wide "B" buffer to separate the residential uses from the golf course maintenance facility. Staff has included conditions to further minimize noise and glare with the inclusion of a masonry wall/fence within the IS-foot buffers. The site plan shows the proposed new location of the building further from most of the existing homes, which is the most compatible design. The storage area for pesticides and fertilizers is proposed to be relocated to the west side of the project site in order to minimize odors emanated from these products. With the proposed buffering and wall, and the relocation of the storage area, staff believes that the proposed golf course maintenance facility will have a minimal effect on neighboring properties and less effect than the existing permitted use. 4. Compatibility with adjacent properties and other property in the district. A golf course is considered an open space use, and a golf course maintenance facility is a necessary and customary use associated with the operation of a golf course. A Conditional Use is required because of the proposed reconfiguration ofthe site and new structures. Please also note that the site is currently used for this use. Therefore, staff believes that the proposed golf course maintenance facility use as sited on the property and with the buffers and wall/fence required by the LDC, is compatible with adjacent properties in the district. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (l0 acres) to require and Environmental Impact Statement. However, after learning of the presence of arsenic in the subject parcel's soil, the Environmental Department's staff requested that the applicant submit a contaminated soil management plan at the time of Site Development Plan (SOP) review and that additional sampling be done in the proposed excavations (water management areas). NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant's agents held the required meeting on October 19, 2005 at 6:00 p.m. at the La Playa Beach & Golf Club clubhouse. Approximately 25 people attended, including the petitioner's agents and county staff. After an overview of the meeting's purpose, the audience members asked questions and made comments. Mr. Fred Reischl of Agnoli, Barber and CU-2005-AR-8081 Page 8 of 10 Agenda Item No. 17C May 9, 2006 Page 46 of 47 Brundage, Inc., acting as the applicant's agent for the zoning petition, responded accordingly. The following statements were made by Mr. Reischl and other representatives of La Playa Beach' & Golf Club: · The new facility will be relocated to the southwest area of the 5 acre parcel. · Two 1 -story buildings are proposed. · Landscape buffering will meet county codes. · Hours of operation will remain the same 6:00 a.m. to 6:30 p.m. · Storm water management will be addressed at the Site Development Plan stage. Several comments were made regarding storm water flows. A property owner questioned the current water outfall, stating that their properties always flood. A representative of Montego Manor voiced concerns regarding views. The petitioner's representatives stated the proposed buildings are to be one-story, a maximum of 15 to 18 feet in height. No one stated opposition to the proposed Conditional Use for new maintenance facilities. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward petition CU- 2005-AR-8081 to the Board of Zoning Appeals with a recommendation of approval, subject to the adoption of the following conditions: I. The use is limited to what is depicted on the site plan identified as "La Playa Golf Course Maintenance Facility - Conceptual Site Plan" prepared by Agnoli, Barber and Brundage, Inc., dated September, 2005, except as further conditioned below. 2. The Conditional Use will expire three years from the date of approval; however, Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 3. A 6-foot high masonry wall/fence per LDC Section 5.03.02.E.2. must be provided along the subject property lines. Said wall/fence must be located at a minimum of 6 feet inside the property line with the required landscape plantings located on the outside of the wall/fence. 4. The applicant must submit a contaminated soil management plan and the results of the additional sampling in the proposed excavations (water management areas) to the County as part of the Site Development review. 5. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan (SOP) process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. CU-2005-AR-8081 Page 9 of 10 Agenda Item No. 17C May 9, 2006 Page 47 of 47 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: JEFFREY A. KLA TZKOW ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK STRAIN, CHAIRMAN DATE Tentatively scheduled for the April II, 2006 Board of County Commissioners Meeting CU-2005-AR-8081 Page 10 of 10